The URL can be used to link to this page

Home My WebLink About1992/01/07 Item 16 COUNCIL AGENDA SfATEMENT Item: 16A Meeting Date: 1-7-92 ITEM 1TI1.E: Resolution: I~.y, )Adopting a Procedure Manual For The Mayor/Council Office SUBMITTED BY: City Council Subcommittee (4/Sths Vote: Yes_No..KJ Staff have been working with the Council Subcommittee to draft a Procedure Manual for the Mayor and Council Office. A draft manual was handed out to Council on November 19th. That draft has been revised to incorporate many of the suggestions received from current and former Council members, members of the City's Et!ùc's Committee and from City staff. The manual has undergone substantial reorganization and change. Also attached are a strikeover/underline version highlighting all deletions/additions. A separate summary of the comments received is also included. (A follow-on resolution contains two additional sections for possible inclusion in the Procedure Manua1.) RECOMMENDATION: It is recommended that Council: l. Adopt the Procedure Manual dated January 3, 1992 OR 2. Send the Procedure Manual back to the Council Subcommittee for further revision. DISCUSSION: As previously noted, a substantial number of comments were received on the draft manual. Many of these suggestions have been incorporated into the new manual dated January 3, 1992. Important changes which were made to the draft manual include: l. A new section (Section I--Mission and Staff Responsibilities) has been added. This section describes specific job duties of the staff working in the Mayor and Council Office. /¿;/I"j _._------ Page 2, Item: 16A Meeting Date: 1,,7-92 2. Section II, dealing with day-to-day operations of the office, has been expanded. Material wrnch had been covered under separate sections in the original draft has also been merged into trns section. 3. Several of the goals relating to staff turnaround times for various activities (e.g. handling complaints, generating draft letters, etc) have been shortened. 4. The target times for signing City documents have generally been maintained at the levels specified in the original draft. While there were some suggestions to shorten these times, the original targets reflect a consensus of the Council Subcommittee. Moreover, each of the targets contains language requiring a turnaround time quick enough to meet any external urgency or deadline. As such, the proposed turnaround times represent reasonable targets for documents which are NOT time-sensitive" 5. The proposed signature authorities for resolutions, contracts and ordinances (reference Section V, page 13) have been modified to insure conformance with the City Charter. The Charter invests the Mayor with the sole authority to sign legal documents. If the Mayor is absent or disabled, signature authority passes to the Mayor Pro Tempore. 6. Letters directed by Council do not represent "legal" City documents. As such, a possible progression is for signature authority on these letters to pass from the Mayor to the next ranking Council member to insure that turnaround targets are met. The Mayor's Stamp could also be appropriately used to meet turnaround goals for these documents. Council may wish to modify the signature authorities so that the Mayor's Stamp is the first alternative when the Mayor is present but unable to meet the target. 7. The requirements for formally reporting turnaround performance have been deleted. Various reviewers suggested that the goals in themselves should have a positive affect on turnaround times and, as such, the additional workload required for formal reports should not be required unless there is a sense by Council that these goals are not being met in the future. 8. Various reviewers indicated that the section dealing with public disclosure of City documents was confusing and possibly superfluous, since the issue is already defined by the government code. It was felt that concerns regarding confidentiality would be better addressed by developing "guidelines" covering the internal disclosure of material. The proposed guidelines are I/J/j",/L ~-'..--.._.~--'._".. _._-~,-- ___.___...u.___.____.. Page 3, Item: 16A Meeting Date: 1-7-92 detailed in Section IV, page 12 and would cover any material relating to City affairs. FISCAL IMPACT: None. 1'/1';3 /1'A-4/ ...-...--.....----,,-- -"- ---~-"------_.__._.__._--_._-_._---"---..-.---- RESOLUTION NO. /f,&/¡, I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A PROCEDURE MANUAL FOR THE MAYOR/COUNCIL OFFICE WHEREAS, staff has been working with the Council Subcommittee to draft a Procedures Manual for the Mayor and Council Office; and WHEREAS, a draft manual was distributed to Council on November 19 which has been revised to incorporate many of the suggestions received from current and former Council members, , members of the City's Ethic's Committee and from City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby adopt the Procedure Manual for the Mayor/Council Office dated January 3, 1992, a copy of which is on file in the office of the city Clerk. Presented by Approved as to form by ...\.,3 Tim Nader, Council Subcommittee D. Richard Rudolf sistant city Attorney ) David Malcolm, Council Subcommittee C:\RS\Council Proced Manual I(,A....5' / /1.111~' -"-.,. --.-"-'-"- _..~--_..,._.__._,_...,--~._-~~--- CLEAN VERSION (no strikeover/underline) . PROCEDURE MANUAL· MAYOR AND COUNCIL OFFICE January 3, 1992 /~/I"7 ..,.. This manual sets forth general procedures and performance goals related to the operation of the Mayor/Council Office. The manual will be updated periodically by the Senior Management Assistant serving the Mayor/Council Office to reflect changes to existing procedures or the addition of new subject areas. Should procedural questions arise, it's hoped that the manual will help to facilitate direct and forthright communications between Council members and office staff and among Council members themselves. The manual covers the following subject areas: Section Subiect Pasœ SECTION I MISSION AND STAFF RESPONSIBILITIES 2-4 SECTION II OPERATION OF THE MAYOR! COUNCIL OFFICE 5 - 8 SECTION III CITIZEN COMPLAINTS 9,,11 SECTION IV CONFIDENTIALI1Y 12 SECTION V COUNCIL DIRECTED ACTIONS 13 -16 SECTION VI REQUESTS FOR INFORMATION FROM 17 CI1Y DEPARTMENTS Nothing within this Procedure Manual shall require any Council member to act in a manner inconsistent with the City Charter. 1 I&/I"Ý ~_._--_.__.- . -~-_..- I. MISSION AND STAFF RESPONSIBILITIES A. Mission It is the general mission of the staff assigned to the Mayor/Council Office to: -- assist the Mayor and Council in carrying out the day-to-day functions of their office; and -. respond to citizen inquiries and provide general assistance to the public. It is the general mission of staff assigned to the City Manager's Office who provide liaison with the Mayor's Office to: -- coordinate activities between the Mayor/Council Office, City Manager's Office and other City departments as necessary; .- assist the Mayor and Council in carrying out the day-to-day functions of their office; and -- respond to citizen inquiries and provide general assistance to the public. B. Staff Responsibilities All staff working in the Mayor/Council Office, including the Senior Management Assistant assigned to the City Manager's Office who provides liaison with the Mayor's Office, are expected to respond to requests for assistance from the Mayor or Council members as soon as possible. The specific duties and responsibilities of said staff are higlùighted below. 1. Senior Management Assistant (SMA) The general duties and responsibilities of the SMA assigned to the City Manager's Office who provides liaison to the Mayor's Office include: -- managing the day-to-day operation of the Mayor/Council Office; 2 I'/I~? 1. MISSION AND STAFF RESPONSIBILITIES (Continued) .. responding to citizen inquiries and complaints directly or referring such matters to the appropriate City staff; n coordinating activities of the Mayor/Council with the City Manager's, City Attorney's and City Clerk's Offices as needed; n coordinating joint activities of the Mayor/Council Interns (such as coordinating the response to a citizen complaint received by more than one Council member); -- Overseeing the budget of the Mayor/Council Office; -- training or arranging for training of office staff; and -- ensuring that office perfonnance goals are met. To facilitate coordination with the Mayor's Office, the Senior Management Assistant shall attend the weekly department head meeting on Wednesday mornings (9:30 AM) and shall meet once a week with the Assistant City Manager for a general briefing on issues concerning the Mayor/Council Office. 2. Secretary to the Mayor/Council The general duties and responsibilities of the Secretary to the Mayor and City Council, as directed by the Mayor, include: n receiving visitors and assisting telephone callers; n scheduling meetings (including interviews for Boards and Commissions vacancies) and maintaining the Mayor's calendar; -- routing office mail, including journals and periodicals; n typing documents, including proclamations and general office correspondence; -. maintaining appropriate office records and files; 3 "A-IO ._.'_.'."~-"""'----- -- I. MISSION AND STAFF RESPONSIBILITIES (Continued) -- preparing and monitoring the Mayor/Council Office budget; -- coordinating approved trips for the Mayor and/or Council member(s); -- logging and responding to invitations received by the Mayor and Council members; and . . -- ensuring that an up-to-date Council library is maintained. 3. Secretary The Secretary's general responsibilities, as directed by the Mayor, include: -- receiving office visitors; -- answering office calls; -- typing and general office support as needed; and -- assisting the Secretary to the Mayor/Council as assigned. 4. Mayor/Council Interns The general responsibilities of the Mayor/Council Interns, as directed by the Council member to whom they are assigned, include: -- conducting research and analysis on City related issues and preparing appropriate reports; -- attending City meetings with or on behalf of the Council member and preparing follow-up information; -- drafting replies to citizen letters when said letters are directed . to an individual Council member or coordinating a joint response with the SMA as appropriate (reference Section II-A and Section III-A and B); and -- providing other administrative support, coordination and follow-up as directed. 4 1~/t"1/ II. OPERATION OF THE MAYOR/COUNCIL OFFICE A. Mail Distribution Mail addressed to the Mayor, City Council, or individual Council members shall be handled in the following manner: 1. Mail Addressed To The Mayor Unless marked personal or confidential, the Senior Management Assistant (SMA) is responsible for screening the Mayor's mail. General mail is forwarded directly to the Mayor. A copy of letters requiring a response (e.g. complaint letters) are forwarded to the Mayor with the original retained for file. Correspondence requiring a time sensitive response shall be placed in a file marked "URGENT" for the Mayor's immediate attention. The SMA shall prepare an appropriate response to citizen inquiries and complaints for the Mayor's signature or (a) coordinate with their supervisor in the City Manager's Office to have the matter referred to other City staff for a response (reference Section III-B) or (b) coordinate with the City Clerk's Office to have the matter placed on the Council Agenda under Written Communications (reference Section II-B). Correspondence addressed to the Mayor which deals with affairs related to the City of Chula Vista, including current or planned City actions or City services, departments or staff, shall be distributed to all Council members as well as to the City Manager, City Attorney or City Clerk as appropriate, except as covered in Section N: Confidentiality. 2. Mail Addressed To The City Council The Senior Management Assistant (SMA) is responsible for processing mail addressed to the full Council. In addition to distributing copies to all Council members, the SMA shall distribute copies to the City Manager, City Attorney or City Clerk as appropriate. Correspondence of an urgent nature shall be distributed directly to individual Council members as quickly as possibly. 5 11-/1·/.;;. -....-.-- .'"._'.. "'--..------ II. OPERATION OF THE MAYOR/COUNCIL OFFICE (Continued) 2. Mail Addressed To The City Council (Continued) The SMA shall prepare an appropriate response to citizen inquiries and complaints for the Mayor's signature or (a) coordinate with the City Manager's Office to have the matter referred to other City staff for a response (reference Section III-B) or (b) coordinate with the City Clerk's Office to have the matter place on the Council Agenda under Written Communications (reference Section II-B). 3. Mail Addressed To Individual Council Members Mail addressed to individual Council members is NOT screened. The Secretary to the Mayor and City Council shall route said mail to the Council member. If a Council member is not able to pick"up their individual mail during the week, the mail should be given to the City Clerk's Office for distribution with the Agenda packet. Correspondence addressed to an individual Council member which deals with affairs related to the City of Chula Vista, including current or planned City actions or City services, departments or staff, shall be distributed to all Council members as well as to the City Manager, City Attorney or City Clerk as appropriate, except as covered in Section IV: Confidentiality. B. Written Communications If a citizen request will require Council action, the Senior Management Assistant shall coordinate with the City Clerk's Office to have the item placed on the Council Agenda under Written Communications. The item must be submitted no later than Wednesday, 4:00 PM to be placed on next week's agenda. The City Clerk's Office will notify the appropriate department of the written communication and make the appropriate copies. 6 II, ~·13 --...-- ---_.....,------_.~---_.__..._--- --..-- II. OPERATION OF THE MAYOR/COUNCIL OFFICE (Continued) C" Calendarinl!: The Secretary to the Mayor and City Council shall maintain an up-to-date calendar for the Mayor and City Council members. The Mayor and Council are responsible for ensuring, as best as possible, that the Secretary to the Mayor and City Council is kept infonned of events, meetings and other City business which will be attended by the Mayor/Council member or their respective Interns and of all scheduled vacations or periods when the Mayor/Council member will not be available. E. Routinl!: Reports. Journals And Periodicals Reports received from outside agencies, dealing with issues pertinent to the City of Chula Vista, and journals and periodicals subscribed to by the Mayor/Council Office, shall be routed to the Mayor first. Seven (7) working days after routing material to the Mayor, the Secretary to the Mayor and City Council shall route the material to individual Council members. F. Maintenance of Council Library The Secretary to the Mayor and City Council should insure that a library, readily accessible to all Council Members, is maintained, containing City reports, reports from other agencies, Council journals and periodicals, and other materials of interest to the Mayor and City Council. G. Routinl!: General Office Correspondence The Secretary to the Mayor and City Council should maintain a readily accessible file containing general office correspondence, for review by Council members. Correspondence should be removed from the file after it has been initialed by all Council members or two weeks after its placement in the file, whichever comes first. Council members are encouraged to "check 7 1¿I9'p'¡ - ----.-----._._~.._._---------------------"_._- " II. OPERATION OF THE MAYOR/COUNCIL OFFICE (Continued) G. Routing General Office Correspondence (Continued) out" the correspondence file only on a day-to-day basis, thereby facilitating review by their colleagues. H. Boards And Commissions The Secretary to the Mayor and City Council shall keep all applications for Boards and Commissions on file for one (1) year. Prior to the year elapsing, an applicant shall be notified of the expiration of their òld application and requested to submit a new application if they are still interested in sitting on that particular Board or Commission. A list of current members of all City Boards and Commissions and their tenns should be maintained. The Mayor should be notified ninety (90) days prior to the expiration of a member's tenn. When an applicant is selected to fill a Board or Commission vacancy, the Secretary to the Mayor and City Council shall notice the applicant of their selection, have the City Clerk's Office to place the item on the Agenda for fonnal induction, and provide the appropriate certificate. I. LeS!Ìslative Letters Letters advocating official City positions on pending or existing legislation are drafted by the Sernor Management Assistant in the City Manager's Office responsible for legislative activities and ,reviewed by the Assistant City Manager. Final letters are prepared for the Mayor's signature by the Secretary to the Mayor and City Council. J. Distribution Of Asænda And Other Material The Sernor Management Assistant and the Mayor/Council Interns should receive copies of the (a) tentative agenda, (b) final agenda and agenda statements (excluding attachments) and (c) all Council infonnation items. The SMA should receive copies of monthly Council referrals and monthly status reports. 8 16/9·/5 -...---- III. CITIZEN COMPLAINTS Citizen complaints addressed to an individual Council member(s) shall be responded to in accordance with the wishes of that Council member(s). In detennining whether said complaints are distributed internally to other Council members and City staff, the Council member(s) should refer to the guidelines detailed in Section- IV: Confidentiality. Except as provided for in Section IV: Confidentiality, the following procedures should be followed for all citizen complaints addressed to more than one Council member. A. Acknowledsæment of Complaints Upon receipt of a complaint, either by mail, phone, or personal contact, the Senior Management Assistant shall send a written acknowledgement to the complainant. The acknowledgement should include the expected response date, if known. ACKNOWLEDGEMENT OF COMPLAINTS: PERFORMANCE GOAL 95% of letters acknowledging the complaint shall be sent to the complainant within one (1) working days of receipt and 100% within three (3) working days UNLESS a formal response to the complaint will be ready within that time frame. B. Referral of Non-Confidential Complaints If the Senior Management Assistant (SMA) cannot satisfactorily respond to the complaint, the SMA shall (1) refer the item to the City Council directly, by placing the item on the Council Agenda under Written Communication (reference Section II-B) or (2) fOlWard a proposed staff referral to their supervisor in City Manager's Office for review. COMPLAINT REFERRALS: PERFORMANCE GOALS -- 100% of proposed referrals to be submitted by the SMA to their supervisor in City Manager's Office within two (2) working days of receipt of the complaint. (Within one day is preferable.) 9 ,¿/1-I¿ ---. III. CITIZEN COMPLAINTS (Continued) COMPLAINT REFERRALS: PERFORMANCE GOAL (Continued) -- 100% of proposed referrals to be reviewed by the SMA's supervisor in the City Manager's Office and distributed to the appropriate department within two (2) working days. (Within one day is preferable.) C. Disposition of Referred Complaint The department receiving the complaint referral shall respond, in writing, to the complainant within the time frames listed below. The response should specify the following infonnation, as applicable: -- Findings and planned City action -- Appropriate "appeal" or follow-up procedures should the complainant not be satisfied with the planned action. DISPOSmON OF COMPLAINTS: PERFORMANCE GOAL -- For 90% of complaint referrals, the department shall notify the complainant of planned action within ten (10) working days of the referral; 100% within twenty (20) working days. -- In ALL instances where the department cannot meet a response date specified in the letter of acknowledgement or within the twenty day perfonnance goal, the complainant should be noticed in writing and a new response date should be specified. D. Distribution of Written Communications 1. Letters of Acknowledgement Copies of the letter acknowledging the complaint (and any written material submitted by the complainant) should be distributed to the Mayor, members of the City Council and City Manager's Office. Copies should be distributed to the City Attorney's and City Clerk's Offices as appropriate. 10 l"A·17 ----- - -.---- --......--.-.,.--..--.--- III. CITIZEN COMPLAINTS (Continued) 2. Letters of Disposition Copies of the disposition letter (and any written material sent to the complainant) should be distributed to the Mayor, members of the City Council and the City Manager's Office. Copies should be distributed to the City Attorney's and City Clerk's Offices as appropriate. A copy should also be sent to the Senior Management Assistant working as liaison to the Mayor's Office. E. perfonnance Responsibility It is the responsibility of the Senior Management Assistant providing staff support to the Mayor/Council Office (for complaint acknowledgements and proposed referrals) and the SMA's supervisor in the City Manager's Office (for final referrals and dispositions) to insure that the perfonnance goals set forth in this section are met. . 11 J¿/I--IT _ ,.....____. ____"'___m__________ _ _ _ ~__.___._______ IV. CONFIDENTIALITY The factors listed below should be taken into account and balanced by the Mayor or individual Council members in determining whether any material pertaining to City affairs should be distributed internally to other Council members and/or City staff and, if so, in what form said distribution should be made. The receiving Council member shall distribute all material pertaining to City affairs to the entire Council and appropriate City staff UNLESS, in consideration of the following factors the member elects not to distribute. Upon so doing, the member shall so advise the other Council members and appropriate City staff that material is being kept confidential and the reasons thereof. Factors To Consider in AssessinS!: Whether Material Should Be Distributed. -- Did the complainant request confidentiality as to content? -- Did the complainant request confidentiality as to source? -- Does the correspondence contain potentially libelous and/or other defamatory material about one or more individuals which is, for the most part, unsubstantiated and without substantial evidentiary basis? -- Does the correspondence point out a systemic defect concerning City operations which would place the City in a position of financial loss or risk? It is important to note that City records are subject to potential public disclosure in accordance with the standards set forth in the Government Code. 12 14-/9 ' 19 ...,_. _.,_._ .__" ,_. ..._,__.."..__._.,,_..___~,. __._" ,,_ u.'.._ v. COUNCIL DIRECfED ACfIONS A. Resolutions. Ordinances And Contracts 1. Signature Authority The signature authorities for City Resolutions and Ordinances are listed in order of preference: n Mayor n Mayor Pro Tempore, if Mayor is absent or disabled The signatory shall not make any changes to resolutions/ ordinances adopted by the City Council, unless specifically directed to by Council. RESOLUTION, ORDINANCE AND CONTRACf SIGNING: PERFORMANCE GOAL All resolutions, ordinances and contracts to be signed within five (5) working days of their receipt in the Mayor's Office UNLESS the urgency of the situation, as identified by City staff or the City Council, requires a shorter turnaround time, in which case 100% of resolutions, ordinances and contracts shall be signed within one (1) working day of their receipt in the Mayor's Office. rf the Mayor believes that revisions to resolutions, ordinances and contracts, do not meet the intent of the City Council, the Mayor may direct that the docurnent(s) not be signed and place the item on the next City Council Agenda. 13 J¿,-9-"ZtJ v. COUNCIL DIRECTED ACTIONS (Continued) B. City Council Directed Letters Directed letters refer to those letters expressing an official City position, which were voted on and authorized by the City Council. 1. Signature Authority The signature authorities for Council Directed Letters are listed in order of preference: -- Mayor n Mayor Pro Tempore, if Mayor is absent or disabled -- Next Ranking Council Member If the letter will not be signed by the Mayor within sufficient time to meet external deadlines or within five (5) working days from receipt, whichever is shortest, and the Mayor or City Manager's Office has not sought to place the item on the next City Council agenda in accordance with the procedures outlined in this section, then the item shall pass to the Mayor Pro Tempore or Ranking Council Member, as appropriate, for signature. The Mayor Pro Tempore/Ranking Council Member shall sign the letter within sufficient time to meet external deadlines but no later than two (2) working days from receipt, unless the Mayor Pro Tempore/Ranking Council Member seeks to place the item on the next City Council agenda, in accordance with the procedures outlined in this section" 2. Turnaround Times Council directed letters shall meet the following perfonnance criteria: LETfER TURNAROUND TIME: PERFORMANCE GOAL n All Council directed letters to be drafted by staff and ready for the Mayor's signature within ten (10) working days of Council direction, UNLESS there is an external deadline which necessitates a shorter turnaround time, in which case 100% of 14 I~/J",).I v. COUNCIL DIRECTED ACTIONS (Continued) B. City Council Directed Letters (Continued) LE1TER TURNAROUND TIME: PERFORMANCE GOAL (Continued) letters shall be drafted with sufficient lead time to enable the deadline to be met. -- All Council directed letters to be signed and mailed within seven (7) working days of their receipt in the Mayor's Office, UNLESS there is an external deadline which necessitates a shorter turnaround time, in which case 100% ofletters shall be signed with sufficient lead time to enable the deadline to be met. The signatory shall not make any changes to draft letters approved by the City Council, unless specifically directed to by Council. If a specific draft has not been approved by Council in advance, the final letter shall confonn to Council's direction and intent. The perfonnance goals shall not apply: -- if the Mayor or City Manager believe that the proposed letters do not meet the intent of the City Council. If so, the Mayor or City Manager shall direct that the letter not be signed and place the item on the next City Council Agenda; OR -- if the City Council approves a request by the City Manager or City Attorney for additional time to draft a Council directed letter. 3. Distribution Of Letters Copies of signed letters shall be placed in the general correspondence file maintained by the Secretary to the Mayor and City Council for Council member review. 15 I ¿..1 - .2. :J.. - - - ____. -- ----..-----....-----..--------- - --- ...- V. COUNCIL DIRECTED ACTIONS (Continued) 4. Council Direction Required No letter shall be sent by the Mayor or individual member(s) of the City Council which supports or advocates a specific policy or position unless said letter reflects an adopted policy of the City CouncilOR unless said letter contains an explicit disclaimer stipulating that the letter solely reflects the opinion of the individual letter writer(s) and is not to be construed as reflecting the opinion of the Chula Vista City Council. C. Performance Responsibilitv It is the responsibility of the City Manager's Office to insure that the performance goals set forth in this Section for Council directed letters are met. It is the responsibility of the City Attorney's Office (for resolutions/ordinances and letters), and the City Clerk's Office (for contracts) to monitor the turnaround times on resolutions, ordinances and contracts and to provide follow-up as appropriate" 16 1¿,1-.2:J .---------...- ~. ,. .__.~,..,___,,_.__._._~__.._._ __ ________·_____'M'___._ VI. REQUESTS FOR INFORMATION FROM CITY D~PARTMENTS Mayor or Council Interns may request information which is currently provided by City departments either directly or through the City Manager's Office. The requested information shall be made available provided it does not take significant staff time to prepare. For the purpose of this manual, "significant staff time" is defined as ill necessitating a written response or (2) requiring more than one (1) hour to respond. If significant staff time is required, the request should either be transmitted to the City Manager's Office or referred to the City Council. All written responses shall be distributed to the Mayor, members of the City Council and the City Manager's Office. It is not appropriate for Mayor or Council Interns to direct City staff to undertake special tasks, studies or projects. Rather, all such requests should be made through the City Manager's Office or placed on a City Council agenda for possible referral to staff for a report. Upon completion of a Council directed task, study or project, the written findings shall be distributed to all members of the City Council. c:\wp51 \marty\cc30-11B 17 /¿ð·,J¥ -~_..----_...- --- --- ---_.__._-_.--------~-_.._._-- -----_.--_..._-- COMMENTS REGARDING DRAFT MANUAL Comments on the draft manual dated November 18, 1991 have been received from the following individuals: City Council: --Dave Malcolm --Len Moore ..Tim Nader ..Jerry Rindone Council Staff: --Bruce Boogaard City Staff: --Jim Thomson --Shauna Stokes Others: ..Bob Campbell ..Will Hyde ..Jerry McNutt ..Frank Scott The main comments are detailed below by the corresponding section of the manual. ~-? .4 il.((¿ . -, /¿A".t5' -- ---,- GENERAL COMMENTS n In several cases the turnaround time and perfonnance criteria are too restrictive. (Campbell) n The "perfonnance goal" method for improving the handling of Council documents (e.g. resolutions, letters, etc) seems like overkill and potentially counterproductive" (Hyde) n Emphasis on tracking and reporting turnaround times may make Senior Management Assistant too much of a statistician. (Campbell) n If you read the Charter, trust each other, take out politics and use common sense, the entire proposal becomes unnecessary! (Scott) -- Several sections (e.g. Section X: Ad-Hoc Comnúttees) have nothing to do with the OPERATION of the Mayor/Council Office and should be deleted. (Hyde) I¿A-.2~ . .__.........~-_._- ---..---..,.... -.-----.-..--.--------- COMMENTS REGARDING PREVIOUS SECTION I. GENERAL -- In opening paragraph, all but first sentence is inappropriate or unnecessary and should be deleted. (Hyde) -- Combine and rearrange sections, as detailed in other comments. (Hyde) J¿/J --t? _..~_..".._,_._,_... -.....__._.~.. ----. .--....-.....-.--. COMMENTS REGARDING PREVIOUS SECTION II. CITIZEN COMPLAINTS Page 2, Acknowledgement -- Policies/procedures should only relate to complaints addressed to the full City Council or addressed to more than one Council member. The process to address complaints received by an individual Council member should be left to the discretion of that Council member. (Moore) n Process too detailed and complicated. (Hyde) ." Use different word than "constituent", e.g. "complainant". (Hyde) n Need to have separate performance goals for making referrals and for providing written acknowledgement. (Stokes) n Need to spell out separate policies for complaints which are placed under written Communication on the Council agenda. (Stokes) -- 1 day turnaround unrealistic. (Campbell) (Stokes) NOTE: 1 day turnaround assumes use of a standard acknowledgement letter. -- Change performance goal to 100% within 2 days. (Hyde) Page 3, Disposition -- Change first performance goal from 75% to 90%. (Moore) n Change turnaround time from 2 weeks to 10 working days. (Moore; McNutt); from 4 weeks to 20 days. (McNutt) n First performance goal to notify complainant of planned action within 2 weeks for 75% of complaints seems too high (unless notification of planned action does not simply refer to final disposition....for example, for a complaint about traffic safety, notification of planned action could be that the issue is being referred to the Traffic Safety Commission for further study.) (Campbell) NOTE: BOB CAMPBELL's interpretation is correct. n Eliminate Part B, Disposition of Referred Complaint. This is not a responsibility of the Mayor/Council office...it is more properly the responsibility of the City Manager, City Attorney or City Clerk. (Hyde) J¿/I....2'r' .. .,--"--------_.". "".U.___"_.__M_ COMMENTS REGARDING PREVIOUS SECTION n. CITIZEN COMPLAINTS (Continued) Page 3, Distribution of Written Communications n Copies of letters should also be sent to the City Attorney and City Clerk as appropriate. (Hyde) Page 4, Perlormance Reporting -- Reporting is of questionable value....if really necessary, reporting should be monthly. (Hyde) n Report only if perlormance goals aren't working. (Campbell) Page 4, Confidentiality -- Can't you come up with something more understandable? (Boogaard) n Section is too cumbersome; eliminate Appendix 1. (Hyde) n Develop easy to understand checklist regarding exemptions to public disclosure for Mayor/Council use. (Nader) /¿A-"z, COMMENTS REGARDING PREVIOUS SECTION III: OTHER CORRESPONDENCE Page 5: -- City Manager should be included in distribution (Campbell) n Section is too vague; focus on procedures for handling mail and incorporate in Section on day-to-day operations" (Hyde) I¿,,"':J¿J - ..-...----.--,----------.-.- COMMENTS REGARDING PREVIOUS SECTION IV: COUNCIL DIRECfED ACTIONS Page 6, Resolutions and Ordinances: 1. Signature Authority -- Change to 3 days (not 5 days) period of time after which document passes to next signature authority. (Moore) -- Change period for Vice Mayor signature from 48 hours to 2 working days (Thomson) -- Change reference of Vice Mayor to Mayor Pro Tempore as specified in Charter. (Hyde) -- As denoted in Charter Section 304(d), Mayor Pro Tempore serves in the absence or disability of the Mayor. As such, instructions authorizing Mayor Pro Tempore to sign resolutions/ordinances if they are not signed by the Mayor within a target time period would appear to violate the Charter. (Hyde) -- Signature authority should be 1) Mayor and 2) Mayor's stamp as authorized. (Nader) -- Mayor's stamp should never be used. (Campbell) -- Don't think stamp is appropriate for legal documents. (Boogaard) Page 6-7, Resolutions and Ordinances: Perfonnance Goal -- Change first perfonnance goal from 95% of resolutions/ ordinances signed within 5 working days to 95% signed within 2 working days; change second perfonnance goal from 7 working days to 3 working days. (Moore) -- Change perfonnance goals to read that all resolutions/ordinance shall be signed within 2 working days rather than 95% within 5 days....(Hyde) J¿~';J I ,."--..---- .. _._----~--_._.~--._.,_._._----_._.- COMMENTS REGARDING PREVIOUS SECTION IV: COUNCIL DIRECfED ACTIONS (Continued) Page 7, Council Directed Letters: Performance Goal -- All Council directed letters should be drafted within 5 working days rather than 15 days as stated. (Hyde) -- All Council directed letters should be drafted within 10 working days rather than 15 days as stated. (Rindone) Page 8, Council Directed Letters: Exceptions To Performance Goal -- Add second exemption if Council approves a request by City Manager, City Attorney or City Clerk for additional time to draft letter. (Hyde) Page 8, Council Directed Letters: Signature Authority -- Change turnaround time for Mayor's signature from 5 to 3 working days (Moore) -- Change period for Vice Mayor signature from 48 hours to 2 working days (Thomson; McNutt) -- On signature authority for Council directed letters clarify that the Legislative Committee refers to the Council Legislative Committee. (Campbell) -- Change reference of Vice Mayor to Mayor Pro Tempore as specified in Charter. (Hyde) -- As denoted in Charter Section 304(d), Mayor Pro Tempore serves in the absence or disability of the Mayor. As such, instructions authorizing Mayor Pro Tempore to sign resolutions/ordinances if they are not signed by the Mayor within a target time period would appear to violate the Charter. (Hyde) -- Signature authority should be 1) Mayor and 2) Mayor's stamp as authorized" (Nader) -- Mayor's stamp should never be used. (Campbell) -- Modify use of mayor's stamp to read....if draft has been initialed as approved....(Stokes) Page 9, Council Directed Letters: Distribution -- Maintain office file rather than distributing to Mayor/Council. (Hyde) IIn9 -.1.2 - ._,-_....__._.~--_._..- - ----- -_._--"-------,--,-- COMMENTS REGARDING PREVIOUS SECTION IV: COUNCIL DIRECffiD ACTIONS (Continued) Page 9, City Contracts: Signature Authority -" Change reference ofVÌce Mayor to Mayor Pro Tempore as specified in Charter. (Hyde) n As denoted in Charter Section 304(d), Mayor Pro Tempore serves in the absence or disability of the Mayor. As such, instructions authorizing Mayor Pro Tempore to sign resolutions/ordinances if they are not signed by the Mayor within a target time period would appear to violate the Charter. (Hyde) n Signature authority should be 1) Mayor and 2) Mayor's stamp as authorized. (Nader) n Don't think stamp is appropriate for legal documents. (Boogaard) Page 10, City Contracts: Performance Goal n Change from 95% to 100% of contracts to be signed within 3 working days of receipt. (Moore) n Change from 95% within 3 working days to 100% within 2 working days (Hyde) Page 10, Performance Reporting n Senior Management Assistant must be in loop if expected to track/report turnaround times on resolutions/ordinances, Council directed letters and City Contracts. (Stokes) n This is not the responsibility of Mayor/Council Office and should be deleted. Performance reporting, if necessary, is more the responsibility of the City Clerk. (Hyde) 1&,4 - J;J ~-'"---- -- --..---..--- COMMENTS REGARDING PREVIOUS SECTION V. DAY TO DAY OPERATIONS n Change "Aide" to "Intern" throughout the manual. (Moore) n Problems might arise if Senior Management Assistant attempts to coordinate Intern activities without any supervisory authority. (Stokes) n Move to first section of manual and rearrange. (Hyde) n Should also reference responsibility for coordinating with City Manager's, City Attorney's and City Clerk's Offices. (Hyde) 1¿.19 ~ 3'1 .--- ... .--..-. COMMENTS REGARDING PREVIOUS SECTION VI" REQUESTS FOR INFORMATION Page 12, second paragraph: -- Reference Charter Section which covers this area" (Moore) -- Delete this section: 1) it's already covered in Charter and 2) it doesn't relate to operation of Mayor/Council Office. (Hyde) -- In addition to defining "significant staff time" as requiring a report add.... or requiring more than 4 hours of staff time to respond. (McNutt) I¡'~-:J..r ~--,.._.- - ------"" COMMENTS REGARDING PREVIOUS SECTION VII. DISfRIBUTION OF REPORTS, ETC -- Move last paragraph in Part A to section detailing duties of Senior Management Assistant. (Nader) n Remove reference to vice Mayor. (Hyde) -- Incorporate tlús section into section dealing with day-to-day operations.(Hyde) -- Develop system for moving correspondence review among Council members. (Moore) It.~· :J~ ___......__ ___,_____.~~·._____._·..M_.._ COMMENTS REGARDING PREVIOUS SECTION VIII: DISfRIBUTION OF AGENDA & INFO ITEMS -- The Senior Management Assistant should also get copies of monthly Council referrals and monthly status reports. (Stokes) -- The Senior Management Assistant and Interns only need copy of actual agenda not the full agenda packet. (Stokes) -- Incorporate this section into section dealing with day-to-day operations" (Hyde) 1~t9.. .J? --.- ~.._,_. -..-.....- .--------------- ..- . COMMENTS REGARDING PREVIOUS SECTION IX: CALENDAR n Change Senior Management Assistant to read Secretary to the Mayor and Council. (Stokes) n Incorporate this section in with section dealing with day-to-day operations. (Hyde) -- Should Mayor's calendar be distributed? (Rindone) I¿,~,.;¡r COMMENTS REGARDING SECTION X: AD-HOC COMMITTEES Page 16: -- Opposed to ad"hoc committees but, if they are formed, Council should be notified (feels the current language encouraging notification is too weak). (Campbell) -- Regarding formation add that..... ad-hoc committee members will be solicited in a manner prescribed for other Board/Commission members. (McNutt) -- Regarding use offacilities, add that..... minutes/meetings should be in accordance with Brown Act requirements. (McNutt) -- This section has nothing to do with operations of Mayor/Council Office and does not belong in a procedures manual. Delete. (Hyde) /&/9.J'I COMMENfS REGARDING NEW SECl10NS/ ADDmONAL AREAS TO BE COVERED -- Add Section regarding Mayor/Council responsibilities for attending meetings or arranging for alternates. (Malcolm) -- Describe general mission of Mayor/Council Office (Hyde) -- Set forth the general duties, responsibilities and authority of members of the Mayor/Council Office. (Hyde) -- Outline the general working relationship between the Mayor/Council Office and the Offices of the City Manager, City Clerk and City Attorney. (Hyde) -- Senior Management Assistant should meet weekly with Assistant City Manager regarding issues related to Mayor/Council Office. (Stokes) I¿/I-,-/O - -- ------- -_.._....__...__..._"~----_._._~--- STRIKEOVER/UNDERLINE VERSION PROCEDURE MANUAL MAYOR AND COUNCIL OFFICE January 3, 1992 I¿A·tjJ -- -.. ..-......--... .,~-~._.~.__._-..,..__."._-~~~- - --.- I. CENERAL This manual sets forth the general office procedures and applieahle perfonnance goals fer related to the oDeration of the Mayor/Council Office. It is liaped that the pr.eeess af elarify:ng £ufJeetatíons ·,.ill fester greater eÐoperatiøa setv....eeB City Ceuneil memeers. The manual is e*peeted ta will be updated periodically by the Senior Management Assistant serving the Mayor/Council Office, to reflect changes to existing procedures or the addition of new subject areas. Ta the e!fteat that Should procedural questions arise in the future, it's hoped that the manual will help to facilitate direct and forthright communications between Council members and office staff and amonS!: Council members themselves. The manual covers the following subject areas: Section Subiect PaS!:e SECTION II. CITIZE~I COMPLAINTS 2 1 SECTION III. OTHER MAYOR/CI1Y COmlCIL COR.'ŒSPONDE~ICE S SECTION IV. COUNCIL DIRECTED .^£TIml8: RESOLUTIONS,' ORDINANCES, LETTERS, CONTR..^£TS é lQ SECTION 'I. D/'.Y TO D.^.Y OPERf.TImlS OF THE M/'.YOR/ COU~ICIL OFFICE 11 SECTION '/1. REQUESTS FOR INFORM.A.TIm! FROM CI1Y DEP/'.P.n.ŒNTS 12 SECTION VII. DISTRIBUTION OF REPORTS, JOURN.\LS ;\þD PERIODIC1\LS 13 SECTION VIII. DISTRIBUTION OF COUNCIL ;\CE~ID..^. ;\ND I~IFORMATION ITEMS 11 SECTION L'{. C1\LEND..\.'UNC IS SECTION X. AD HOC COMMITTEES Hi SECTION I MISSION AND STAFF RESPONSIBILITIES SECTION II OPERATION OF THE MAYOR/COUNCIL OFFICE SECTION III CITIZEN COMPLAINTS SECTION IV CONFIDENTIALI1Y SECTION V COUNCIL DIRECTED ACTIONS SECTION VI REQUESTS FOR INFORMATION FROM CITY DEPARTMENTS SECTION VII-OPTIONAL AD-HOC COMMITTEES SECTION VIII"OPTIONAL ATTENDANCE AT BOARD AND COMMITTEE MEETINGS Not:hÍnS!: within this Procedure Manual shall reauire any Council member to act in a manner inconsistent with the City Charter. 1 I¿A-Y;' -- -. ..- . - - h MISSION AND STAFF RESPONSIBILITIES A. Mission It is the sœneral mission of the staff assismed to the Mayor/Council Office to: -- assist the Mayor and Council in carrvin!!: out the day-to-day functions - of their office: and -- respond to citizen inauiries and provide !!:eneral assistance to the - public. It is the !!:eneral mission of the staff assismed to the City Mana!!:er's Office who provide liaison with the Mayor's Office to: -- coordinate activities between the Mayor/Council Office. City - Mana!!:er's Office and other City departments as necessary: -- assist the Mayor and Council in carrvin!!: out the day-to-day functions - of their office: and -- respond to citizen inauiries and provide !!:eneral assistance to the - public. B. Staff Responsibilities All staff working in the Mayor/Council Office. includin!!: the Senior Mana!!:ement Assistant assismed to the City Mana!!:er's Office who provides liaison with the Mayor's Office. are expected to respond to reauests for assistance from the Mayor or Council members as soon as possible. The specific duties and responsibilities of said staff are hi!!:hli!!:hted below. 1:. Senior Mana!!:ement Assistant (SMA) The !!:eneral duties and responsibilities of the SMA assismed to the City Mana!!:er's Office who provides liaison with the Mayor's Office include: -- mana!!:În~ the day-to-day operation of the Mayor/Council - Office: 2 1"/1' V;J ----- ....-....---. - --_...._~--------- 0'.------·····--· ---- ,-~._-_...__._---- . ..._..-_.__._"'-----~_.__._.__.- ----~-_. 1. MISSION AND STAFF RESPONSIBILITIES (Continued) -- respondinsr to citizen inquiries and complaints directlv or - referrinsr such matters to the appropriate City staff: -- coordinatinS!: activities of the Mayor/Council with the City - Manasrer's. City Attorney's and City Clerk's Offices as needed: -- coordinatinsr ioint activities of the Mayor/Council Interns (such - as the response to a citizen complaint receiyed by more than one Council member): -- oyerseeinS!: the budS!:et of the Mayor/Council Office: - -- traininsr or arrantffi¡sr for traininsr of office staff: and - -- ensurinsr that office perfonnance sroals are met. - To facilitate coordination with the Mayor's Office. the Senior Mana!!:ement Assistant shall attend the weekly deoortment head meetÌn!!: on Wednesday mornin2S (9:30 AM) and shall meet once a week with the Assistant Citv Manasrer for a sreneral briefim!: on issues concernÌn!!: the Mavor/Council Office. 2. Secretary to the Mayor/Council The g:eneral duties and responsibilities of the Secretary to the Mayor and City Council. as directed by the Mayor. include: -- receivinS!: visitors and assistinsr telephone callers: - -- schedulinsr meetinS!:S CincludinS!: interviews for Boards and - Commissions yacancies) and maintaininS!: the Mayor's calendar: -- routinsr office mail. includinsr iournals and periodicals: - -- tvPinsr documents. includinS!: proclamations and sreneral office - correspondence: -- maintaininsr appropriate office records and files: - 3 /¿,/I ~¥'I _ _____.___.'__.____'._____..._._______" . ___ +._____...._ .__ 'M""."__"__~ 1. MISSION AND STAFF RESPONSIBILITIES (Continued) n preparin~ and monitorin~ the Mavor/Council Office budg-et: - n coordinatin~ approved trips for the Mavor and/or Council - member(s): -- log-scin~ and respondin~ to invitations received bv the Mavor - and Council members: and n ensurin~ that an up-to-date Councillibrarv is maintained. - 3. Secretary The Secretarv's ~eneral responsibilities. as directed bv the Mavor. include: -- receivin~ office visitors: - -- screenin~ office calls: and - -- tvPin~ and ~eneral office support as needed: and - -- assistin~ the Secretary to the Mavor/Council as assismed. - 4 /¿I9.'5' ~_.... ..__._.__.~-- 1 MISSION AND STAFF RESPONSIBILITIES (Continued) ~ Mayor/Council Interns The g-eneral responsibilities of the Mayor/Council Interns. as directed by the Council member to whom they are assismed. include: n conductinS!: research and analYSis on City related issues and - preparinS!: appropriate reports: n attendinS!: City meetinS!:S with or on behalf of the Council - member and preparinS!: follow-up information: n draftinS!: replies to citizen letters when said letters are directed - to an individual Council member or coordinatinS!: a ioint response with the SMA as appropriate (reference Section II-A and Section III-A and B): and -- providinS!: other administratiye support. coordination and - follow-up as directed. 5 I¿'~-I//' --,~- ,---_.__._._.-.--_.~~._~"--_."._---_._-_._.. II. D/'.Y TO ThW OPERATION OF THE MAYOR/COUNCIL OFFICE A. Mail Distribution Mail addressed to the Mayor. City CounciL or individual Council members shall be handled in the followinlZ manner: 1:. Mail Addressed To The Mayor Unless marked personal or confidentiaL the Senior ManalZement Assistant (SMA) is responsible for screeninlZ the Mayor's mail. General mail is forwarded directly to the Mayor. A COpy of letters requirinlZ a response (e.lZ. complaint letters) are forwarded to the Mayor with the oricinal retained for file. Correspondence requirinlZ a time sensitive response shall be placed in a file marked "URGENT" for the Mayor's immediate attention. The SMA shall prepare an appropriate response to citizen inquiries and complaints for the Mayor's sismature or (a) coordinate with their supervisor in the City ManalZer's Office to have the matter referred to other City staff for a response (reference Section III-B) or (b) coordinate with the City Clerk's Office to have the matter placed on the Council AlZenda under Written Communications (reference Section II-B). Correspondence addressed to the Mayor which deals with affairs related to the City of Chula Vista. includinlZ current or planned City actions or City services. departments or staff. shall be distributed to all Council members as well as to the City ManalZer. City Attorney or City Clerk as appropriate. except as covered in Section IV: Confidentiality. 2. Mail Addressed To The City Council The Senior ManalZement Assistant (SMA) is responsible for processinlZ mail addressed to the full Council. In addition to distributinlZ copies to all Council members. the SMA shall distribute copies to the City ManalZer. City Attornev or City Clerk as appropriate. Correspondence of an urlZent nature shall be distributed directly to individual Council members as quickly as possible. 6 1¿,/1· AI? II. OPERATION OF THE MAYOR/COUNCIL OFFICE (Continued) 2. Mail Addressed To The City Council (Continued) The SMA shall prepare an appropriate response to citizen inauiries and complaints for the Mavor's sismature or (a) coordinate with the . City Manasær's Office to have the matter referred to other City staff for a response (reference Section III-B) or (b) coordinate with the City Clerk's Office to have the matter place on the Council Asænda under Written Communications (reference Section II-B). 3" Mail Addressed To Individual Council Members Mail addressed to individual Council members is NOT screened. The Secretary to the Mavor and City Council shall route said mail to the Council member. If a Council member is not able to pick-up their individual mail durin!!: the week. the mail should be !!:Ìven to the City Clerk's Office for distribution with the A!!:enda packet. Correspondence addressed to an individual Council member which deals with affairs related to the City of Chula Vista. inc1udin!!: current or planned City actions or City services. departments or staff. shall be distributed to all Council members as well as to the City Mana!!:er. City Attornev or City Clerk as appropriate. except as covered in Section IV: Confidentiality. B. Written Communications If a citizen reauest will reauire Council action. the Senior Mana!!:ement Assistant shall coordinate with the City Clerk's Office to have the item placed on the Council A!!:enda under Written Communications" The item must be submitted no later than Wednesdav. 4:00 PM to be placed on next week's a!!:enda. The City Clerk's Office will notify the appropriate department of the written communication and make the appropriate copies. 7 I'''· ~r ,-. ----~".__._."._-_._---------_..._.__..- --_..-. --- II. OPERATION OF THE MAYOR/COUNCIL OFFICE (Continued) C. CalendarinS!" The ¡¡elÙer MaBageæÐBt :\ssistaBt serviag the MayElr/CeliBeil Offi.ee Secretary to the Mayor and City Council shall maintain an up"to"date calendar for the Mayor and City Council members. The Mayor and Council are responsible for ensuring, as best as possible, that the A5sistant Secretary to the Mayor and City Council is kept informed of events, meetings and other City business which will be attended by the Mayor/Council member or their respective aides and of all scheduled vacations or periods when the Mayor/Council member will not be available. E. RoutinS!" Reports. Journals And Periodicals Reports received from outside agencies, dealing with issues pertinent to the City of Chula Vista, and journals and periodicals subscribed to by the Mayor/Council Office, shall be routed to the Mayor first. Seven (7) working days after routing material to the Mayor, the Secretary to the Mayor and City Council shall route the material to individual Council members. F. Maintenance of Council Library The Secretary to the Mayor and City Council should insure that a library, readily accessible to all Council Members, is maintained, containing City reports, reports from other agencies, Council journals and periodicals, and other materials of interest to the Mayor and City Council. G. RoutinS!" General Office Correspondence The Secretary to the Mayor and City Council should maintain a readily accessible file containing general office correspondence. for review bv Council members. Correspondence should be removed from the file after it has been initialed bvall Council members or two (2) weeks after its placement in the file. whichever comes first. Council members are encouraS!"ed to "check 8 1¿'.-9~ 1/1 II. OPERATION OF THE MAYOR/COUNCIL OFFICE (Continued) G. Routinl!: General Office Correspondence (Continued) out" the corresuondence file only on a dav-to-dav basis. thereby facilitatinl!: review bv their collearoes. H. Boards And Commissions The Secretary to the Mavor and City Council shall keeu all auulications for Boards and Commissions on file for one (1) Year. Prior to the year elausinl!:. an auulicant shall be notified of the eXDiration of their old apulication and reauested to submit a new auulication if they are still interested in sittinl!: on that uarticular Board or Commission. A list of current members of all City Boards and Commissions and their tenns should be maintained. The Mavor should be notified ninety (90) days urior to the exuiration of a member's tenn. When an auulicant is selected to fill a Board or Commission vacancy. the Secretary to the Mayor and City Council shall notice the auulicant of their selection. have the City Clerk's Office to ulace the item on the Al!:enda for fonnal induction. and urovide the auurouriate certificate. I. Le!!:islative Letters Letters advocatinl!: official City uositions on uendinl!: or existinl!: le!!:islation are drafted bv the Senior Manal!:ement Assistant in the City Manal!:er's Office resuonsible for le!!:islative activities and reviewed bv the Assistant City Manal!:er. Final letters are urepared for the Mavor's si!!:I1ature bv the Secretary to the Mavor and City Council. J. Distribution Of Al!:enda And Other Material The Senior Management Assistant serviag tàe Mayer/Ce\ffieil Offiees and the Mayor/Council Aides Interns should receive copies of the (a) plaflfted tentative agenda, (b) final agenda and al!:enda statements (excluding attachments) and (c) all Council infonnation items. The SMA should receive couies of monthly Council referrals and monthly status reuorts. 9 I ¿, /f - r'P' - ~....._._---- - -_..._._._._.._--_._-----~~_._..__.._-- III. CITIZEN COMPLAINTS Eneept as previèeè fer ia ~eetiÐB lIE CenfieleBtiality, the f)Feeed.ures Ð\Hlineel in SeetioBS UA D shall Be felleweà fer all eitÌii~eR eefftplaim:s. Citizen complaints addressed to an individual Council member( s) shall be responded to in accordance with the wishes of that Council member(s). In determininsr whether said complaints are distributed internally to other Council members and City staff. the Council member(s) should refer to the 21lidelines detailed in Section IV: Confidentiality. Except as provided for in Section IV: Confidentiality. the followinsr procedures should be followed for all citizen complaints addressed to more than one Council member. A. Acknowledgement of Complaints Ul3eR receipt ef a ceffiI!laint èirecteà te the Mayer, æcmbers of the City C01:1fleil or Mayer,tCs\U1eil ;\iàes, either BY letter, phone at ElrÐIJ in, a ""1.Titten ae1æe'....leàgeæem: shall. Be sem: to the eonstit1iem. The Mayer, City COURcil æembcr er Mayer/CS1iReil. Aiàe shall Be r€spsBSiÐle fer RetifyiRg the Semor Managemem: :\ssistaRt servÍRg the Mayer/Ce1iReil. Offiee iR a tiæely æaRRer ef eitÍ¡~eR £OffiI!laìnts receF.'eà èirectly BY theæ. IB aY instanees, a 'NEtteR aelæÐ"¡.~leàgeFReBt shall Be æaele t8 the eitizen mitiatiRg the €emplaiat. The aelœe·.·.ieàgeæeat shaY ee".7er the f^f)llerO¡::ng peiBts: The Rature of the ceffiI!laiRt Departæem: and speeiFic staff æember assigReà te f-ollow up OR the eitiilieR's eOffiI!laim: (if !l3l3licaàle) PhsRe ffiHRÐCr of thc respsBSiBle staff (if al3plicaÐle) .^ætisR te Be talœR (e.g. investigatioR of staff eORà1icr, Fe'Ae·.... sf emreat City pølieies/f)Foeeàtifes ete.) EJ[peeteà respSBse elate (if applieaàle) 10 I¿,,.p· 5'1 - --..- -.----.----,-. - - - -~-_.._._------ III. CITIZEN COMPLAINTS (Continued) A. Acknowledgement of Complaints (Continued) UDon receiDt of a comDlaint. either by mail. Dhone. or Dersonal contact. the Senior Manallement Assistant shall send a written acknowledllement to the complainant. The acknowledllement should include the eXDected reSDonse date. if known. ACKNOWLEDGEMENT OF COMPLAINTS: PERFORMANCE GOAL 95% of letters acknowledsrinll the comDlaint shall be sent to the eonstit1:ieftt complainant within one (1) working day of receipt and œ 100% ef all eeffil!laiftts shall Be fefen-eà aaà adæewleàgeà within three (3) working days of receipt UNLESS a formal response to the comDlaint will be ready within that time frame. B. Referral of Non"Confidential ComDlaints If the Senior Manallement Assistant (SMA) cannot satisfactorily resDond to the comDlaint. the SMA shall (1) refer the item to the City Council directly. bv Dlacinll the item on the Council Menda under Written Communication (reference Section II-B) or (2) forward a DroDosed staff referral to their sUDervisor in the City Manaller's Office for review. COMPLAINT REFERRALS: PERFORMANCE GOALS n 100% of DroDosed referrals to be submitted by the SMA to their sUDervisor - in the City Manasær's Office within two (2) workinS! dayS of receipt of the comDlaint. (Within one day is preferable.) -- 100% of DroDosed referrals to be reviewed bv the City Manag-er's Office and - distributed to the aDDroDriate deDartment within two (2) workinS! dayS. (Within one day is Dreferable.) s,G.- DisDosition of Referred ComDlaint The department receiving the complaint referral shall respond, in writing, to the complainant within the time frames listed below. The response should specify the followinS! information. as aDDlicable: -- Findings and planned City action 11 1¿¡iIJ·5J -.- --..-...---.....-. -_.._--_.'-,--'..-- III. CITIZEN COMPLAINTS (Continued) C. Disposition of Referred Complaint (Continued) n Appropriate "appeal" or follow-up procedures should the complainant not be satisfied with the planned action. DISPOSmON OF COMPLAINTS: PERFORMANCE GOAL n For -75% 90% of complaint referrals, the department shall notify the complainant of planned action within ten (10) working days of the referral; 100% within (oer (1) weel¡s twentv (20) working days" u In ALL instances where the department cannot meet a response date specified in the letter of acknowledgement or the twentv day perfonnance swal. the esastiœeHt complainant should be noticed in writing and a new response date should be specified. D. Distribution of Written Communications 1. Letters of Acknowledgement Copies of the letter acknowledging the complaint (and any written material submitted by the esnatitliem complainant) should be distributed to the Mayor, members of the City Council and the City Manager's Office. Copies should be distributed to the Citv Attorney's and Citv Clerk's Offices as appropriate. One eopy shs1ilà also be sent ts the SMf. serv-ffig the Mayor/City Csuneil Offiees. 2. Letters of Disposition Copies of the disposition letter (and any written material sent to the esastitu.eHt complainant) should be distributed to the Mayor, members of the City Council and the City Manager's Office. Copies should be distributed to the Citv Attorney's and Citv Clerk's Offices as appropriate. A copy should also be sent to the Senior Management Assistant serv'.ng the Mayer/City CSliRdl Offiees working as liaison to the Mayor's Office. 12 )¿,,,.f:1 ___ _^_...._,.,__u._'_.______. ____.__"_,,_ __.,~._._." III. CITIZEN COMPLAINTS (Continued) E. PERFORMl1.NCE REPORTINC: TURNAROUND TIME fa '/mtteB SUmm.Sl)" of staffs penøffRanee Fegaræag t1.:1mæ:Ð1:lBà time eft eitizen eem¡¡laints (heta adœewieE!gelReat aRE! àisflesitieR) shall be pro'iided to the MayÐr BFlà æ.emèefS øf the City C01:1Beil £',:;ery six (6) ffienths. This report shall he fJrefJareà BY the Semel' MaBagemeftt Assistaftt. E. perfonnance Resoonsibilitv It is the resDOnsibilitv of the Senior Manasrement Assistant providinJ!: staff support to the Mavor/Council Office (for complaint acknowledsrements and proJ)Osed referrals) and the SMA's supervisor in the Citv Manal!:er's Office (for final referrals and disDOsitions) to insure that the œrfonnance !!:DaIs set forth in this section are met. 13 )¿'~·.f'tI -.-. -......-.. N. CONFIDENTIALITY The factors listed below should be taken into account and balanced by the Mavor or individual Council members in detennininS!: whether any material pertaininS!: to City affairs should be distributed internally to other Council members and/or City staff and. if so. in what form said distribution should be made. The receivinS!: Council member shall distribute all material pertaininS!: to City affairs to the entire Council and appropriate City staff UNLESS. in consideration of the followinS!: factors the member elect not to distribute. Upon so doinS!:. the member shall advise the other Council members and appropriate City staff that material is beinS!: kept confidential and the reasons thereof" Factors To Consider in AssessinS!: Whether Material Should Be Distributed. -- Did the complainant request confidentiality as to content? -- Did the complainant reauest confidentiality as to source? -- Does the correspondence contain potentially libelous and/or other defamatory material about one or more individuals which is. for the most part. unsubstantiated and without substantial evidentiary basis? -- Does the correspondence point out a syStemic defect concerninS!: City operations which would place the City in a position of financial loss or risk? It is important to note that City records are subiect to potential public disclosure in accordance with the standards set forth in the Goyernment Code. H. Ceßf:iElentialitv "P1:1elie reeerEls" aF€ àeÐaeEl ey the CB':emmeftt CeEle (Seetioa 6252) as inel1:1Eling "aay writing esfttainiRg Ìf1fOmiatiSR relating t8 the eSRElaet sf the ¡¡Helie's buaiRcss prepared, s"'nned, aseEl, Sf retaineà sy any ~tate or ¡seal ageFl€)'" reg:æ:àless øf the physieal feHR sr ehaFaeteristies"" "\Nriting" is Rm:her Elefineà ÐY the Co\'emmeRt 14 )¡',¿j. f.5' Ceàe te ineiliàe "fiaREI?Nflting, t)'}!e·...rritiftg, priffiiftg, phetastatieg, phetagm¡¡fling aad e\"e~· etBer means af reeor4iag 1:IfJÐB aay fORB af eeR1.lft1.HÚ.eatieB"..... tlinel1:læng æagaetie SF J1aj1er tapes, ..... magaetie Sf paneheà earàs, è.isks"....ete. Puèlie feeerà.s are subject if) æseløsure, 1:1i1:less eK}1ressly eHeR=l.f)teà UBder the C.Ðvemmeat Ceåe, inel1:lel.Íf1g enelBfJtÍÐflS 1:lBeler 8eetieB é2SS, permittiag BeR elisel?~1ife "sy à:mS11&tratlB6" that th.e reeerè in Eft:1estisa is eJcempt tmEler £1(f>ress ?ro'JiSlens ef this ehapte~ er that eft the faets ef the partie1:ilar eaGe the publie Iflter£st se~~à hy Bet æalung the reeerå J31:lslie elearly Ðarnreighs the frl:1slie imerest s:ryeà ày ~selÐs1:Ffe øf the reeøfà". EJæIRPles af material expressly exelRfJted from è.ls~lÐsme IBeh:u:1e: . reeerels pettainiBg te penŒBg1iûgatioR anà speeitie }3ørtiOl15 of røäee. retards wroeh. ".\"ø1:ilcl eaelaager the safety af a perSÐR iU'¡el"æà in aD m·"re~t1gatiÐR. .\ listÎag aad àeseril1tioR of material Bot subjeet tø æselos1:Ife or Ret elasslfieà as fH:1Ðlie reeards is pre',:ieleà in ..\ppeBàÐr 1. If the Þ:1ayer er memàer of the City Ce1:iRdl belie·.'e a reeard sheHlà be eJ£elRf!ted (rem. ài~eles.ure, they saøt:tlà àuly reeerà the reaSOR aRà 8eetien under vww}:åeh th.e eJreHif1t1.eR 15 elaiffi.e~. Th.e Þ.1~yer er. memBer sf the City CouneR is selely resp~BSlble f?r ebt~rnBg apprapnate aEl?/iee fram the City I'J:tamey eOBcernÍBg the legality of 9/w'ithhsldmg aft)" speeifi.e feeerà. 15 J/9,n -_.._.._~_.- III. OTHER W.YOR/CITY COUNCIL CORRESPONDENCE This section was merged into other sections. 16 )/./1-57 -,_.._~ _____ .m__~__~.~___ v. COUNCIL DIRECTED ACTIONS A. Resolutions. Ordinances And Contracts 1. Signature Authority The signature authorities for City Resolutions and Ordinances are listed in order of preference: -- Mayor "(liee Mayer, as speemeå Belen-:·: If tee àecuHleHt will. aet Be signeà by the Mayor witrun sufHeieHt time to meet entemal àeaèlÍRes sr within live (5) wodång days ffsm reeeipt, 'Nhieh.ever is shortest, anè. the Þ.1ayør has Bet SÐ1:1gh-t to plaee the item en the aent City Ce1:lfleil ageada in aeeerdanEe with Ùl.e preeeàares ÐutlineEl in Section IV f.. 2 belov.", iheD the item shall pass te tee Viee Mayer f-EIr signatIHe. Tàe Viee Mayer sRalI sign the resolution/eràinaflee \VilhÎa s1:1ffi.eiem time to meet cJ[tcmal àeaàJ..ifles Btit as later than fatty eigiK (18) he1i£S kem reeeÍ13t, 1:H1less the Viee Mayor seeks te place the item eft the ae¡¡t City Council agenda, ia aeeerdaaee ·....ith the praeedtires sutHaed in Seetioa N A 2 Belew. -- Mayor Pro Tempore. if Mayor is absent or disabled - The signatory shall not make any changes to resolutions/ ordinances adopted by the City Council, unless specifically directed to by Council. RESOLUTION, ORDINANCE AND CONTRACT SIGNING: PERFORMANCE GOAL %% All resolutions, ordinances and contracts adopted by the City CelH1eil to be signed within fiye (5) working days of their receipt in the Mayor's Office and 100% ",vitlúR se','€a (7) days UNLESS the urgency of the situation, as identified by City staff or the City Council, requires a shorter turnaround time, in which case 100% of resolutions, ordinances and contracts shall be signed within one (1) working day of their receipt in the Mayor's Office. 17 1¿,,f-.5Ç _ _ ~__.~___ _ _ ~__.m.n___.___.__ v. COUNCIL DIRECTED ACTIONS (Continued) If the Mayor believes that revisions to resolutions, ordinances and contracts, do not meet the intent of the City Council, the Mayor may direct that the document(s) not be signed and place the item on the next City Council Agenda. B. City Council Directed Letters Directed letters refer to those letters expressing an official City position, which were voted on and authorized by the City Council. 1. Signature Authority The signature authorities for Council Directed Letters are listed in order of preference: n Mayor .- Mavor Pro TemDore. if Mavor is absent or disabled - u Next Ranking Council Member 1. Signature Authority (Continued) If the letter will not be signed by the Mayor within sufficient time to meet external deadlines or within five (5) working days from receipt, whichever is shortest, and the Mayor or City Manager's Office has not sought to place the item on the next City Council agenda in accordance with the procedures outlined in this section, then the item shall pass to the Mayor Pro Tempore or RankinS!: Council Member. as aDDroDriate, for signature. The Mayor Pro Tempore/Ranking Council Member shall sign the letter within sufficient time to meet external deadlines but no later than two (2) working days farty eiglH (18) helm¡ from receipt, unless the Mayor Pro Tempore/Ranking Council Member seeks to place the item on the next City Council agenda, in accordance with the procedures outlined in this section. 18 1(,;f"fiJ --_._."._..,_..._--_._,-_.__.__._..._-~-_..- v. COUNCIL DIRECTED ACTIONS (Continued) B. City Council Directed Letters (Continued) 1. Signature Authority (Continued) ChairpeFsoB sf tRe C01:1Beil Legislati......o:e CemmÍttee, as neeà.efl t8 meet èeaèlÎfles. Mayer's StBmJl, if a àratt Ba5 BeeR aJ3preyeè BY the Mayer. 2. Turnaround Times Council directed letters letters fer the Mayer's signature "Nhieh were èireeted BY the City CeuReil shall meet the following perfonnance criteria: IEITER TURNAROUND TIME: PERFORMANCE GOAL n 10<Wo of All Council directed letters to be drafted by staff and ready for the Mayor's sirnature within fifteen (1S) ten (10) working days of Council direction, UNLESS there is an external deadline which necessitates a shorter turnaround time, in which case 100% of letters shall be drafted with sufficient lead time to enable the deadline to be met. u 100% sf All Council directed letters to be signed and mailed within seyen (7) working days of their receipt in the Mayor's Office, UNLESS there is an external deadline which necessitates a shorter turnaround time, in which case 100% ofletters shall be signed with sufficient lead time to enable the deadline to be met. 19 )(,,4 -~p ---"------.-.. V. COUNCIL DIRECTED ACTIONS (Continued) B. City Council Directed Letters (Continued) The signatory shall not make any changes to draft letters approved by the City Council, unless specifically directed to by Council. If a specific draft has not been approved bv Council in advance. the final letter shall confonn to the Council's direction and intent. The perfonnance goals shall not apply: -- if the Mayor or City Managers Offi.ee believe that the proposed letters do not meet the intent of the City Council. If so, the Mayor or City Manager may shall direct that the letter not be signed and place the item on the next City Council Agenda; OR n if the City Council approves a request by the City Manager or City Attorney for additional time to draft a Council directed letter. 3. Distribution Of Letters Copies of signed letters sheHl.d Be distriÐHted te the Mayor and meæèeF5 ef the City Ceuneil shall be placed in the !!:eneral correspondence file maintained bv the Secretary to the Mavor and City Council for Council member review. 4. Council Direction Required No letters shall be sent HRder the sigRatIHe of Qy the Mayor or individual member(s) of the City Council which supports or advocates a specific policy or position unless said letter reflects an adopted policy of the City Council OR unless said letter contains an explicit disclaimer stipulating that the letter solely reflects the opinion of the individual letter writer(s) and is not to be construed as reflecting the opinion of the Chula Vista City Council. 20 I¿'A·~I __"_.__ _ ._.__~..___....___.·___.N'_.·,_,_·. _ ____ v. COUNCIL DIRECTED ACTIONS (Continued) B. Council Directed Letters (Continued) D. PHRFORMNJCE REPORTINC: TIJRN1\ROUNÐ TIMES ,\ wRtteR sl:IHlfftary sf tttmar01Hld times 6R resolutioRs aRd ordinaREeS, Celfficil àireeteEl. IEJttEJrs aREI. City esatraets shall Be prs\'iàeEl. te the Mayer anà æeFB-ÐeFS af the City CeaaeH e~..~r.r sin (6) æeBths. This repsH shall Be pre13areà hy the Semel" Maaageæeat .:\ssistaBt. C. perfonnance Resoonsibilitv It is the resoonsibilitv of the Citv ManalreI's Office to insure that the œrfonnance lWals set forth in this section for Council directed letters are met. It is the resoonsibilitv of the Citv AttorneYs Office (for resolutions/ordinances) and the Citv Clerk's Office (for contracts) to mOIÚtor the turnaround times on resolutions. ordinances and contracts and to provide follow-un as annronriate. 21 1/'19-¿ ~ '7 D/W TO D/'X OPER:\TIONS OF TIlE M/,.YOR/COUNCIL OFFICE .. This section merged with previous sections. 22 //,/9 -I. 3 ..._~..__._--_.,--~_.-- -- _.._.._._-----_.~_.._._.._-- VI. REQUESTS FOR INFORMATION FROM CITY DEPARTMENTS The Mayer, meæeeF5 af the City CSWicil, ar Mayor or Council Aides Interns may request infonnation which is currently eelleeteà provided by City departments either directly or through the City Manager's Office. The requested infonnation shall be made available provided it does not take significant staff time to prepare. For the purpose of this manual, "significant staff time" is defined as ill necessitating a written response or (2) reauirinS!: more than one (1) hour to resDond. If significant staff time is required, the request may should either be transmitted to the City Manager's Office or referred to the City Council. All written responses shall be distributed to the Mayor, members of the City Council and the City Manager's Office. It is not appropriate for the Mayer, meæeeF5 af the City Ceuncil ef Mayor or Council Aides Interns to direct City staff to undertake special tasks, studies or projects. Rather, all such requests should be made through the City Manager's Office or placed on a City Council agenda for possible referral to staff for a report. Upon completion of a Council directed task, study or project, the written findings shall be distributed to all members of the City Council. 23 )¿19"~¥ VII. DISTRIBUTION OF REPORTS, JOURNALS MID PERIODICALS This section merged with Section II- Operation of the Mayor/Council Office. 24 JIP,I9-¿,5 Ib'C. DISTRIBUTION OF COUNCIL ;\CENDA ;\ÞID INFORMI.TION ITEMS This section merged with Section II- Operation of the Mayor/Council Office" , 25 Ii-A .¿¿. . ..~- ..".._._.._....._._-,.._-~-_._~~---- IX" CN..EÞlD.:\.'UÞlC This section merged with Section II" Operation of the Mayor/Council Office" 26 J¿I9'" ~ ') OPTIONAL SECTION VII. AD-HOC COMMITIEES A. Fonnation The Mayor or any member of the City Council eaft mav fonn an ad-hoc committee to provide direct input to the Mayor/Council member, provided that no City staff time is used except as directed by the City Manager, no City funds are expended and no City facilities are used, other than those specified in VII-B below. The Mayor ei' and Council members are is encouraged to notify their colleagues when they fonn an ad-hoc committee" is àeifl6 fermed. B. Use of City Facilities An ad-hoc committee fonned by the Mayor or member of the City Council eaft mav use the following City facilities: -- facilities which are generally made available to the general public, such as Conference Rooms 1 and 2 in the Public Services Building. -- the City Council Conference Room, provided the Mayor/Council member is in attendance or the Mayor/Council Aide Intern is present. -- the personal office of the Mayor (for ad-hoc committees fonned by the Mayor) or the personal office of the City Council member (for ad-hoc committees fonned by a Council member). 27 J¿/I. ¿,r ..no -..-.-..--..--- . .'._-". - ...,."_..--- - - -- --.-.--------...---..--..-- OPTIONAL SECTION VIII. ATTENDANCE AT REGIONAL AND SUBREGIONAL BOARD AND COMMITTEE MEETINGS If a Council member cannot attend a meetin~ of a board. committee. task force or related srroup on which they are the City's dele~ate. it shall be the responsibility of that Council member to have another elected official attend in their place in order to provide continuity of information. Anv such action shall. however. conform to the by-laws of the specific Regional or Subregional A~encY. Examples of such assismments would include representation on Boards (e.~. MTDB or LAFCQ). Committees ( e.~. SANDAG Airport Site Selection Committee or SANDAG Southbay Transit Extension Study Committee) or Task Forces (Intera~encY Water Task Force or Otav Ranch Interiurisdictional Task Force). 28 1¿.I9-~ 'I ,-- ~-~~-~_.._-_..- ~ þ-'lYV I ç, éP~ N~ ¡ From the Office of the city Attorney City of Chula vista Memorandum Date: January 4, 1992 From: Bruce M. Boogaard, city Attorney To: Honorable Mayor and Councilmembers cc: John Goss Jim Thomson Marty Chase Re: Procedural Manual, Mayor and Council Office Please consider these comments as supplemental to those attributed to myself as noted in the above referenced Procedural Manual. 1- Consequence of violations of Performance Goals. (Reference: Introduction) A document which defines behavior should also define the consequence for not adhering to that behavior. In the introductory statement, it is articulated that perfor- mance standards set forth throughout the Manual are set forth as "goals" or "guidelines", not as "rigid requirements. Some effort should be made in this document to more particularly clarify the consequence of their violation. As such, a violation should have no greater consequence than, at the worst case, public disclosure and possible colleague disapproval. Any greater consequence may impinge on a Charter- based right or authority to hold office. Furthermore, it does not establish an environment for courteous relationships between councilmembers if minor violations of the Manual can give rise to some accusatory disciplinary or, worse yet, criminal enforcement, action. If such is the inclination of the Council, the following language may be added: "It is the intent of this Manual, at various points, to set manuall.wp Memo on Council Office Procedures Manual January 4, 1992 Page 1 I tb A-7 / forth performance standards as goals or guidelines, imposing upon one or more members of the Council ("Obligated Councilmember") a moral obligation to use good faith to achieve same. Failure to achieve such goals shall not be grounds for subjecting the Obligated Councilmember to any legal consequences. By this, it is intended that no Obligated Councilmember shall be subject, for a violation of one or more of the performance standards to loss of office, fine, criminal prosecution, injunctive action, damages, writ, or other criminal or civil consequence. Upon violation of a performance standard by an Obligated Councilmember, any fellow Councilmember offended by such violation should attempt to meet and confer with the Obligated Councilmember to correct the violation without any further public disclosure thereof, but if the meet and confer process is not resolved to the satisfaction of the offended Councilmember, the offended Councilmember may place the violation or violations on the Council agenda for public discussion and possible remediation or official public censure by the Council." 2. Relationship between this Manual and the City Charter. (Reference: Introduction. Page 1, Last Sentence). The Manual currently provides, probably as a result of a recommendation from this Office, as follows: "Nothing within this Procedure Manual shall require any Council member to act in a manner inconsistent with the City Charter." Upon reflection, I would recommend a fuller reconciliation of the authority of the two documents (this Manual and the Charter). The following language would accomplish my intention: "This Manual is intended to articulate the means for exercising some of the authority distributed to the Council and Mayor in the City Charter. It is not intended, in and of itself, to distribute such power. While every effort was made to insure that the provisions of this Manual are consistent with the city Charter, an event or circumstance may arise in the future in which a provision of this Manual may appear inconsistent with a provision of the Charter. In such an event, if the Manual provision is capable of different logical manuall.wp Memo on Council Office Procedures Manual January 4, 1992 Page 2 jtA-7,,2, ------------------ ---.".-" interpretations, such provision in this Manual is to be interpreted in a manner that is consistent with the Charter. If such an interpretation is not possible, and a provision of this Manual is clearly inconsistent with a provision of the city Charter, the provision of the Charter shall control. No person shall, by a provision of this Manual, be required to act in a manner inconsistent with the City Charter. However, if the Mayor or a Councilperson determines that a provision is inconsistent with 1:he Charter, and acts, or desires to act, in a manner inconsistent with a provision of this Manual, he or she shall inform the other members of the city Council of the inconsistency, and his actions or desired actions, at the earliest convenient city Council meeting." 3. Use of Mayor o~ Council Signature Stamp. (Reference: section V.A.1. and V.B.1., pages 13 and 14) I do not believe that the use of a Mayor or Council signature stamp is appropriate for use on "legal documents". My concern here is that the reader of such a document should not have to determine the authority of the person using the rubber stamp to determine the authentici:ty of the document as a City- sponsored document. Therefore, whenever the authenticity of a document as an official city document is important, it should be signed in the original hand of the appropriate signatory, and a stamped signature should not be used. In my opinion, authenticity is critical to all ordinances, contracts and resolutions of the city Council, and a stamp should not be used. Furthermore, authenticity may, depending on content, be appropriate in the case of certain Council Directed Letters, and the Mayor should be given the discretion to make that judgment at the time of signature of such letters. On the other hand, if a letter is expressing the view of an individual member of the Council and not the entire Council, authenticity will not typically be critical to the communication, and the author may direct the use of a stamped signature. 4. Disclaimer of Representation in Councilmember' s Unofficial Letters. (Reference: V.B.4., Council Direction Required. Page 16). manual1.wp Memo on Council Office Procedures Manual January 4, 1992 Page 3 )¿,/? - ?J ... -.-------.-- - -- - -_.--.~----~._..,--~.,. The Manual currently purports to limit the right of an individual Councilmember (including the Mayor) to support or advocate a policy or position by letter (i.e., writing) "unless said letter contains an explicit disclaimer stipulating that the letter solely reflects the opinion of the individual letter writer(s) and is not to be construed as reflecting the opinion of the Chula vista city Council." The provision appears to be legitimately intended to prevent a member of the Council from giving the impression that such individual member is espousing an officially-adopted position of the Council when such is not the case. Depending on the appearance of authority or capacity used by the Councilmember in writing the letter, a provision requiring an explicit disclaimer could interfere with that member's right of free speech. As a polarized example, if the Councilmember writes a letter to the editor on a.regional issue as a typical citizen on plain paper, and signs it as an individual, without giving his office, he has not given the appearance of official City sanction, and it may detract from his message (read: first amendment right) to require him to include the disclaimer language. I believe that it is reasonable to balance the City's interest in not having a policy or position inappropriately attributed to it against a Councilmember I s interest in his or her right of free speech, but some latitude has to be allowed the first amendment speaker to accomplish this. Such latitude is properly given the first amendment speaker ¡councilperson in our legislative policy manual', which provides, in section 2 b. as follows: lib. Appearances by Elected City Officials Nothing in this section shall be construed to limit the right of elected city officials or their designees to appear before any governmental body or organization to express their personal views at any time. However, such elected official should clearly indicate that the opinion expressed is that official's point of view and not an official City position. In order to officially represent the City, such appearances must be consistent with the City's adopted position on the matter. If such elected official or official's designee testifies contrary to a City position, the official or desig- 1. Credit to sid Morris for bring this fact forward. manual1.wp Memo on Council Office Procedures Manual January 4, 1992 Page 4 jißA·lý -"------~---"----" "- -~_._.. .. ..,....-.--.--..--....-. .-----.-.-- nee should state that the testimony or communication is contrary to an adopted City position." I believe that it would be appropriate to follow a similar practice for written communications. Accordingly, the Manual, at this section, may be modified as follows: "No letter shall be sent by the Mayor or individual member(s) of the City Council which supports or advocates a specific policy or position unless said letter reflects an adopted policy of the City Council or unless said letter clearlv indicates that the ocinion excressed is that of the individual official onlv. 1iftlesa said. le1:.~er eeft'Eail\5 aft explieit. äiaelaimer a'Eip~latiRg t.ha~ ~Be le'tt.er aelaIr refleet.s ~Be spinieR af the iRài~iàHal let~er ·Jriter(a) BBà is Re~ ~e se eel\Btr~eà as refleetil\~ t.he e~iRieR af 'the Sa1ila Viet.a Oity Se1::lBeil. manual1.wp Memo on Council Office Procedures Manual January 4, 1992 Page 5 ---- /~/l- ?.Þ _._..~---_.._------~----,-_._--- COUNCIL AGENDA SfATEMENT Item: 16B Meeting Date: 1-7-92 ITEM ITfLE: Resolution: I¿¥'~dopting Section VII and Section VIII For Inclusion In The Procedure Manual For The Mayor/Council Office SUBMITTED BY: City Council Subcommittee (4/Sths Vote: Yes_NolU Two optional sections have been developed for possible inclusion in the Procedure Manual. consideration. RECOMMENDATION: It is recommended that Council: 1. Adopt Section VII and Section VIII as part of the Procedure Manual OR 2. Exclude Section VII and Section VIII from the Procedure Manual OR 3A. Adopt Section VII and Exclude Section VIII OR 3B. Adopt Section VIII and Exclude Section VII OR 4. Send the section(s) back to the Council Subcommittee for further revision. I~ß-I . -"---"---- ,--,'., .._.,~_.._---_._-_.- Page 2, Item: 16B Meeting Date: 1-7-92 DISCUSSION: The optional sections are Section VII, dealing with Ad-Hoc Committees and Section VIII, dealing with Attendance At Regional and Subregional Board/Committee Meetings. In reviewing these sections, several respondents felt that they did not deal with office procedures and, as such, should not be included in the Procedure Manual. To be responsive to these comments, the aforementioned sections were deleted from the main manual. These sections are optional and can be included (jointly or singly) in the Procedure Manual should Council so desire. FISCAL IMPACf: None. I¿'O-,,2. _ .__._...._ .". '.___m ._.....,~_______._..,__._.____~___~__ VIII. ATTENDANCE AT REGIONAL OR SUBREGIONAL BOARD AND COMMITTEE MEETINGS If a Council member cannot attend a meeting of a board, committee, task force or related group on which they are the City's delegate, it shall be the responsibility of that Council member to have another elected official attend in their place in order to provide continuity of infonnation. Any such action shall, however, confonn to the by-laws of the specific Regional or Subregional Agency. Examples of such assignments would include representation on Boards (e.g. MTDB or LAFCO), Committees (e.g. SANDAG Airport Site Selection Committee or SANDAG Southbay Transit Extension Study Committee) or Task Forces (Interagency Water Task Force or Otay Ranch InteIjurisdictional Task Force). /¿p... :J ~ -..-..-- VII. AD-HOC COMMIITEES A. Formation The Mayor or any member of the City Council may form an ad-hoc committee to provide direct input to the Mayor/Council member, provided that no City staff time is used except as directed by the City Manager, no City funds are expended and no City facilities are used, other than those specified in VII-B below. The Mayor and Council members are encouraged to notify their colleagues when they form an ad-hoc committee. B. Use Of City Facilities An ad-hoc committee formed by the Mayor or member of the City Council may use the following City facilities: -- facilities wlùch are generally made available to the general public, such as Conference Rooms 1 and 2 in the Public Services Building" -- the City Council Conference Room, provided the Mayor/Council member is in attendance or the Mayor/Council Intern is present" -- the personal office of the Mayor (for ad-hoc committees formed by the Mayor) or the personal office of the City Council member (for ad-hoc committees formed by a Council member). J ¿'ß...'f ~__u_...___._ RESOLUTION NO. J~I/¡'J.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING SECTION VII AND SECTION VIII FOR INCLUSION IN THE PROCEDURE MANUAL FOR THE MAYOR/COUNCIL OFFICE WHEREAS, two optional sections have been developed for possible inclusion in the Procedure Manual in accordance with the request of a member of the Council Subcommittee formed to develop a Procedure Manual,; and WHEREAS, the optional sections are: Section VII, dealing with Ad-Hoc Committees and Section VIII dealing with Attendance At Board/Commission Meetings; and WHEREAS, these sections are optional and can be included (jointly or singly) in the Procedure Manual should Council so desire. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt Section VII and Section VIII for inclusion in the Procedure Manual for the Mayor/Council office. Presented by Approved as to form by Tim Nader, Council Subcommittee ssistant David Malcolm, Council Subcommittee C:\RS\Section VII "8-.,5' ~,.."-,-_._--