HomeMy WebLinkAboutItem 6d. Amendment to the Council Policies & Procedures Manual regarding Council Interns Item 6d
Department: Administration
Cost Center: 1002
For Agenda of: 9/17/2024
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Natalie Harnett, Policy and Project Manager
SUBJECT: AMEND THE COUNCIL POLICIES AND PROCEDURES MANUAL TO
INCLUDE A SECTION REGARDING INTERNS/VOLUNTEERS
RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, amending its Council Policies and Procedures Manual,” regarding the
use of Council Member Interns/Volunteers.
POLICY CONTEXT
City Council has adopted a manual entitled “Council Policies and Procedures”
(Attachment A) to define and ensure the proper conduct of the City’s business by the City
Council. The Council periodically revises its Council Policies and Procedures Manual
(“Manual”) to ensure clarity, consistency with State law, and conformity with the City
Charter and Ordinances.
Under City Charter section 701, the only employees appointed under the Council are the
City Manager and the City Attorney; therefore, Council Members do not have other paid
employees working directly for them. Council Members can, however, select volunteers
to help with various tasks related to Council Member activities.
DISCUSSION
On October 24, 2023, the Council held a special meeting to discuss the topic of Council
Member internships. Historically, Council Members have used interns in different
capacities. This item seeks to create a section within the Manual to address Council
Members’ ability to select interns. In order to comply with the City Charter, Council
Member Interns are volunteers and not paid or considered City employees. The
recommended amendment to the Manual does not provide explicit procedures for Council
Member internships, but rather formalizes Council Members’ discretion to select
interns/volunteers and establishes general guidelines.
Page 125 of 280
Item 6d
Unpaid internships can be mutually beneficial and may lead to paid internships or even
full-time positions with the City or another public agency. The internships allow students
to learn about civic engagement, participate in valuable learning opportunities, and make
a tangible impact on the community.
Generally, the interns are high school, Cal Poly or Cuesta students who are looking to
gain some experience in local government. Although Council Member Interns are
volunteers, Council Members have the discretion to show appreciation to them through
letters of recommendation, gift cards, or in some cases educational credits through their
school.
General Guidelines for Council Member Interns
Council Member Interns can engage in various tasks related to Council activities,
including but not limited to research, constituent outreach, and administrative
support.
Council Member Interns cannot be used for any campaign-related activities1.
The Council Member Intern program aims to provide valuable learning experiences
for students interested in local government while contributing to the council's City
business.
Volunteers should not be doing work that is under the umbrella of an existing City
job description. General administrative work or research beyond one to two hours
of one-time work is not included in any City job description2
The Council Member Interns shall not have access to Council members’ city email
inboxes or other confidential or privileged communications.
The duration of an internship can be determined based on the academic requirements of
the intern and the needs of the Council Member. Interested candidates should reach out
directly to Council Members. The selection process is up to the discretion of the Council
Member and based on their needs.
1 A campaign volunteer is any person that actively contributes to a candidate’s campaign for an elected
position, including but not limited to: printing and putting up posters, assisting with tabling and assisting
with social media advertising.
2 Council Policies and Procedures – Section 5.3.1 Timely Response: City staff will make every effort to
respond in a timely and professional manner to all requests made by individual Council Members for
information or assistance, provided that, in the judgment of the City Manager the request is not of a
magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned
to staff through the collective direction of the City Council. In terms of making this judgment, the following
guidelines should be considered: The request should be specific and limited in scope so that staff can
respond without altering other priorities and with only minimal delay to other assignments; the request
should only impose a "one-time" work requirement, as opposed to an on-going work requirement; the
response to the request should not require a significant allocation of staff resources (generally defined as
consisting of more than one staff person, or a single staff person working on the issue in excess of 1-2
hours).
Page 126 of 280
Item 6d
Recommended Language Amendment to the Council Policies and Procedures
Staff recommends adding the following sub-section to Section 2.5 – General Procedures
and Limitations of the Council Compensation Chapter:
2.5.6 Council Volunteers
Council members may use interns/volunteers to help with various tasks related to
council activities, including but not limited to research, constituent outreach, and
administrative support. Interns/volunteers should not be used for any campaign-
related activities. Council members have the discretion to show appreciation to
their volunteers through letters of recommendation, gift cards, or through other
means of supporting their professional development. Any City funds spent on
intern/volunteer support will be funded through the council member’s allocated
professional development budget.
Previous Council or Advisory Body Action
The Council met on October 24, 2023, to discuss the concept of Council interns and share
amongst each other how they have historically utilized interns. The Council provided
direction at that meeting to formalize the use of interns thro ugh an update to the Manual.
Public Engagement
Public comment can be provided to the City Council through written correspondence prior
to the meeting and through public testimony at the meeting.
CONCURRENCE
The City Attorney’s Office has reviewed and a pproved the proposed amendments to the
Manual (Attachment B).
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended
action in this report, because the action does not constitute a “Project” under CEQA
Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2023-24
Funding Identified: Yes
Page 127 of 280
Item 6d
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ N/A $ $ $
State
Federal
Fees
Other:
Total $ N/A $ $ $
There is no new fiscal impact associated with the recommendation. Per the Council
Policies and Procedures Section 2.3.1, allowances are budgeted for the Mayor and
Council Members for the costs of professional development and educational conferences
designed to improve the understanding of and proficiency in municipal affairs. In the 2023 -
25 Financial Plan, the annual budget is $3,600 for the Mayor and $2,700 for the other
Council members. It is at the Council Member’s discretion how they spend their allowance
throughout the year as long as the expenditures are in accordance with the City’s
Purchasing Policy.
ALTERNATIVES
Council could decide not to amend the Council Policies and Procedures to include
a section on Council interns. This action is not recommended by staff because this
administrative change that will help clarify how interns should be used for current and
future councils.
ATTACHMENTS
A - Council Policies and Procedures Manual
B - Draft Resolution Amending Council Policies and Procedures related to Council
interns.
Page 128 of 280
CITY COUNCIL
POLICIES AND PROCEDURES
MANUAL
Adopted by the City Council
April 20, 2004, Resolution No. 9554
Updated by the City Council
May 2, 2006, Resolution No. 9794
November 16, 2008, Resolution No. 10041
January 3, 2012, Resolution No. 10323
May 8, 2012, Resolution No. 10354
February 5, 2013, Resolution No. 10422
May 20, 2014, Resolution No. 10524
September 1, 2015, Resolution No. 10664
August 20, 2019, Resolution No. 11039
April 6, 2021, Resolution No. 11237
April 19, 2022, Resolution No. 11318 and Resolution No. 11319
June 21, 2022, Resolution No. 11341
May 2, 2023, Resolution No. 11418
April 2, 2024, Resolution No. 11482
Page 129 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 2
COUNCIL POLICIES AND PROCEDURES
TABLE OF CONTENTS
FOREWORD ................................................................................................................... 4
CHAPTER ONE MEETING GUIDELINES & PROCEDURES ........................................ 5
1.1 MEETING SCHEDULE ................................................................................... 5
1.2 AGENDA ......................................................................................................... 7
1.3 MEETING PROCEDURES ............................................................................ 10
1.4 MEETING COVERAGE ................................................................................ 18
1.5 AB 2449 – TELECONFERENCING REGULATIONS .................................... 19
CHAPTER TWO COUNCIL COMPENSATION ............................................................ 21
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS ................................. 21
2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE ........ 21
2.3 PROFESSIONAL DEVELOPMENT .............................................................. 22
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ................................. 22
2.5 GENERAL PROCEDURES AND LIMITATIONS ........................................... 22
2.6 COUNCIL COMPENSATION COMMITTEE .................................................. 24
CHAPTER THREE COUNCIL POWERS & APPOINTMENTS ..................................... 25
3.1 MAYOR POWER AND DUTIES .................................................................... 25
3.2 APPOINTMENT OF VICE MAYOR ............................................................... 25
3.3 FILLING COUNCIL VACANCIES .................................................................. 25
3.4 ADMINISTERING OATHS: SUBPOENAS ................................................... 27
3.5 LIMITATIONS ................................................................................................ 27
3.6 METHOD OF ACTION BY COUNCIL ........................................................... 28
3.7 ORDINANCES .............................................................................................. 28
3.8 ACCEPTANCE OF GRANTS OR DEEDS .................................................... 28
3.9 LEGISLATIVE ACTION PROGRAM ............................................................. 28
3.10 AMICUS CURIAE PARTICIPATION ............................................................. 29
CHAPTER FOUR THE BROWN ACT .......................................................................... 30
4.1 APPLICABILITY AND PENALTIES ............................................................... 30
4.2 MAJOR PROVISIONS .................................................................................. 30
4.3 SPECIAL MEETINGS ................................................................................... 32
4.4 EMERGENCY MEETINGS ........................................................................... 32
Page 130 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 3
4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE
BROWN ACT ................................................................................................ 32
4.6 OTHER PROVISIONS .................................................................................. 35
CHAPTER FIVE COUNCIL/STAFF RELATIONSHIPS AND CONDUCT .................... 36
5.1 INTENT ......................................................................................................... 36
5.2 GUIDELINES FOR COUNCIL MEMBERS .................................................... 36
5.3 GUIDELINES FOR STAFF ............................................................................ 36
5.4 ACCESS TO COMMUNICATIONS / TECHNOLOGY SYSTEMS ................. 38
5.5 COUNCIL MAIL HANDLING ......................................................................... 39
CHAPTER SIX ADVISORY BODY PROCEDURES ..................................................... 42
6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS ...................................... 42
6.2 COUNTY OR REGIONAL REPRESENTATION ........................................... 43
6.3 OTHER COUNCIL SUBCOMMITTEES ........................................................ 43
6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS .......... 43
6.5 ROLE OF CITY STAFF PERSONS .............................................................. 44
6.6 APPOINTMENT PROCEDURES .................................................................. 44
6.7 PROCESS ..................................................................................................... 44
CHAPTER SEVEN COUNCIL CONFIDENTIALITY POLICY ....................................... 47
7.1 PURPOSE AND PROHIBITION AGAINST DISCLOSURE ........................... 47
7.2 PUBLIC CENSURE FOR UNAUTHORIZED DISCLOSURE ......................... 47
7.3 DEFINITIONS ............................................................................................... 47
CHAPTER EIGHT COUNCIL CENSURE POLICY ....................................................... 49
8.1 PURPOSE OF CENSURE POLICY .............................................................. 49
8.2 DEFINITIONS ............................................................................................... 49
8.3 CENSURE PROCEDURE ............................................................................. 49
Page 131 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 4
FOREWORD
San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California
law, the authority of a general law city is derived only from the powers granted to it by the
general laws adopted by the State Legislature pertaining to the organization and
operation of a municipality, and from the police power (the right of the City to make laws
governing health, safety, morals and welfare for the benefit of the community) granted to
it by the State Constitution. On the other hand, a charter city's power is not define d or
limited by the State's general laws. Instead, with respect to municipal affairs, a charter
city's powers are defined by the city's own charter, subject only to the limitations of the
State Constitution. As a result, charter cities usually have more op erational latitude than
do the more prevalent general law cities.
A charter serves as the city's "constitution" and may only be amended by a vote of the
people.
San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by
popular vote on several occasions subsequently. In 1955, the Charter was amended to
approve a Council-Mayor-City Manager form of government. The last charter revision
occurred in September 2012.
The word "charter" and the notation, e.g. (Charter § 503) used within th is document refer
to the City Charter.
Page 132 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 5
CHAPTER ONE
MEETING GUIDELINES & PROCEDURES
1.1 MEETING SCHEDULE
1.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding
meetings and the manner in which special meetings may be called. Public
interest and convenience shall be primary considerations when decisions
are made as to time, location and frequency.
Except as otherwise provided by law, all meetings of the Council shall be
open to the public. (Charter § 502)
1.1.2 REGULAR MEETINGS
1.1.2.1. The regular business meetings of the Council shall be held on the
first and third Tuesday of each month at the hour of five-thirty p.m.
(5:30 p.m.) or at such other time as may be designated on the
agenda giving notice of the business meeting and posted at the
same time and in the same manner as required by State law.
Regular closed session meetings of the Council shall be held on
the first and third Tuesday of each month at the hour of four-thirty
p.m. (4:30 p.m.) or at such other time as may be designated on
the same agenda giving notice of the business meeting. In the
event that a regular meeting of the council falls on a legal holiday,
then the regular meeting shall be held at the same place and time
on the next succeeding working day (Ord. 1623)
1.1.2.2. Regular meetings shall be held in the Council Chamber, 990
Palm Street, in the City of San Luis Obispo. (Ord. 677) Council
meetings will also be streamed via teleconference when held in
City Hall only.
1.1.2.3. It shall be the policy of the City Council to complete meetings,
including closed sessions, by 11:00 p.m. unless a majority of the
Council elects to continue past the adjournment hour. If at the
hour of 11:00 p.m. the City Council has not concluded its
business, the Council will review the balance of the agenda and
determine whether to extend the meeting beyond the hour of
11:00 p.m., continue any remaining items, or adjourn the meeting
to another date and time.
1.1.2.4. A regular meeting may be canceled by a majority vote of the
Council.
Page 133 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 6
1.1.3 STUDY SESSIONS (Open to the public)
1.1.3.1. The purpose of these meetings shall be for informal discussions
between staff, advisory bodies, consultants, the public, and the
City Council regarding specific programs, projects or policies.
Council may provide direction, but no formal action will be taken
during a Study Session. Study Sessions may be conducted in a
variety of formats, including Public Workshops.
1.1.3.2. Study Sessions will be held at a time and place within the City
limits convenient to Council and advantageous for public
participation.
1.1.4 SPECIAL MEETINGS
1.1.4.1. Special meetings may be called by the Mayor or three members
of the City Council on no less than 24 hour notice and as otherwise
specified by Government Code § 54956. (Ord. 959)
1.1.4.2. Any special meeting held at a place other than City Hall shall be
open to the public. Such meetings shall be held within the city
limits. Notice requirements of the Brown Act shall be complied
with for any such meetings; regular minutes shall be taken by the
City Clerk and shall be available for public inspection. Meetings
not held in City Hall will not be streamed through teleconference.
1.1.5 USE OF COUNCIL CHAMBER
1.1.5.1. The City Manager, or designee, is responsible for maintaining a
calendar on the use of the Council Chamber and all requests for
reservations shall be cleared through the administrative office.
1.1.5.2. When a question arises regarding permission for any group to
use the facility, the City Manager shall have authority to make the
final decision. The following rules are established as a guide:
a. Use of the Council Chamber by City commissions,
committees, and other advisory bodies shall take precedence
over any other group or agency.
b. Favorable consideration shall be given to other governmental
agencies and non-profit groups during regular business hours
only, unless otherwise approved by the City Manager (see
exception noted in Section 1.1.5.2.c). These groups will be
charged for the use of the Council Chamber at the same rate
charged governmental agencies and non-profit groups for use
of the Community Room at the City/County Library. No events
of a commercial nature shall be allowed. The Council
Chamber will not be available for use by any non-City
Page 134 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 7
organizations during non-business hours, unless otherwise
approved by the City Manager (see exception noted in
Section 1.1.5.2.c).
c. With the approval of the City Manager, other local
governmental agencies may use the Council Chamber for the
purpose of live or teleconferencing public hearings and/or
public meetings during regular or non-business hours. The fee
charged shall be the same rate charged governmental
agencies for use of the Community Room at the City/County
Library, in addition to the cost for services provided by the City
for teleconferencing operations.
d. No admission shall be charged. No events featuring the
service of food or drink shall be allowed.
e. Regularly scheduled meetings by other agencies and groups
shall be discouraged.
f. Meetings being held to advocate the election or re-election of
a particular candidate for political office shall not be allowed.
However, the Council Chamber may be used for a Candidate
and/or City Ballot Measure Forum where the public and all
candidates and/or proponents/opponents to a City ballot
measure or candidates for a particular public office have been
invited. Any candidate/ ballot measure forums to be held in
the Council Chamber shall not include City staff services.
1.2 AGENDA
1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council
meetings can be conducted and to effectively implement the approved
Council Goals, Financial Plan and Budget, and also work programs,
objectives, and business of the City as established by the present or earlier
City Councils. Agenda items also include recommendations to the City
Council from advisory bodies, land use and zoning actions or appeals, bid
and purchasing procedures, and mandates from other levels of
government. Staff shall work within the policy context established by the
Council and will not arbitrarily place matters on the agenda that are outside
the scope of existing work programs of the City, except as approved by the
Mayor, and permitted under the Charter sanctioned instructions for the City
Manager to inform and advise the Council of matters necessary to the
proper operation and well-being of the City.
Page 135 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 8
The process for determining the format and order of the agenda is based
primarily on the order of business adopted by the City Council (See Section
1.2.7). The process for establishing the order of specific business and public
hearing items is a collaborative one determined largely by anticipated public
attendance (those matters involving greater audience attendan ce should be
scheduled ahead of other items). On a rotating basis, individual members
of the Council shall attend agenda review meetings with the City Manager
and department heads held on the morning of the City Council meeting to
discuss issues and to review upcoming agenda items. In addition, the City
Manager, City Attorney and City Clerk review the agenda materials with the
Mayor. The final agenda is set subject to the approval of the Mayor, after
consultation with the City Manager, City Attorney and City Clerk.
1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda by
submitting a request, orally or in writing, to consider the matter and by
discussing the request during the Communications secti on of the regular
agenda. Upon consensus of a majority of the Council, staff will prepare a
staff report if formal Council action is required. An individual Council
Member may place an urgency item on an agenda with a minimum of 72
hours legal notice and a memorandum from the Council Member to the
Council and staff setting forth the substantive issues of the item. For the
purpose of this paragraph, urgency shall arise in those limited situations
where an item requires immediate action, and the need to take immediate
action came to the attention of the Council Member subsequent to the
distribution of the agenda.
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)
Recommendations made by advisory bodies, as part of their normal scope
of duties and responsibilities, shall be timely placed on the City Council
agenda by staff, who shall comply with the City’s approved Council Agenda
Preparation Policy. In the event that an advisory body desires to bring a
matter of special consideration to the City Council (new idea s or concerns,
for example), it may request that the item be placed on a future agenda by
submitting a written request to the Council approved by a majority of the
advisory body members and signed by the Chair. During Communications,
any member of the Council may ask for consideration of the request, and
upon consensus of a majority of the Council, a staff report will be prepared
and approved by the City Manager or their designee.
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda
during the Public Comment period at the beginning of every Council
meeting, or via other communication with Council Members, and upon
Page 136 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 9
consensus of a majority of Council, a staff report will be prepared and
approved by the City Manager or their designee.
1.2.5 EMERGENCY ITEMS
Emergency items may be placed on the agenda only in accordance with
State law. Generally, only those matters affecting public health or safety and
coming to the attention of the Council after the regular notice deadlines may
be considered an emergency in nature. A four-fifths vote of Council is
necessary to add an emergency item.
1.2.6 RECONSIDERATION
Resubmittal of issues previously acted upon is discouraged. However, in
extraordinary situations, a request to reconsider an action taken by the City
Council may be considered. The request must be presented by a Council
Member who voted with the majority at the Council meeting at which the
original vote was taken. The vote may be reconsidered during that meeting,
but no later than the next Council meeting. Debate is limited to the question
of whether or not there is a majority of the Council interested in
reconsidering the matter. If a majority of the Council votes to reconsider an
action, the matter will be placed on the next or future agenda.
1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.7.1. Council AB 2449 Requests for Teleconferencing
1.2.7.2. Call to Order
1.2.7.3. Roll Call
1.2.7.4. Pledge of Allegiance
1.2.7.5. Closed Session Report (if any)
1.2.7.6. City Manager’s Report
1.2.7.7. Presentations /Appointments
1.2.7.8. Public Comment
1.2.7.9. Consent Agenda
1.2.7.10. Public Hearings and Business Items
1.2.7.11. Liaison Reports and Communications
1.2.8 NOTIFICATION AND ADVERTISING
The City will advertise all matters of significant neighborhood or community
public interest that appear on a City Council or Planning Commission
agenda, as well as all matters where advertising is required by law. Said
advertisements shall include location maps, project descriptions and
posting of property, if required, written in plain English in order to fully inform
all interested individuals.
All advertising shall be accomplished in an economical manner. All affidavits
of publication shall be available to interested members of the public.
Page 137 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 10
1.3 MEETING PROCEDURES
1.3.1 PRESIDING OFFICER
1.3.1.1. The Mayor is the Presiding Officer and acts as Chair at Council
meetings. (Charter § 407)
1.3.1.2. In the absence or incapacity of the Mayor, the Vice Mayor will
serve as Presiding Officer.
1.3.1.3. Seating arrangement of the Council:
1.3.1.3.1. The Vice Mayor shall always be seated immediately
next to the Mayor.
1.3.1.3.2. The Mayor, with the approval of individual Council
Members, shall establish other seating
arrangements for regular Council meetings.
1.3.1.4. Signing of City Documents
The Mayor, unless unavailable, shall sign all ordinances,
resolutions, contracts and other documents which have been
adopted by the City Council and require an official signature,
except when the City Manager has been authorized by Council
action to sign documents. In the event the Mayor is unavailable,
the Vice Mayor signature may be used.
1.3.2 QUORUM
A majority of the Council Members shall constitute a quorum for the
transaction of business. (Charter § 503)
1.3.3 DISCUSSION RULES
1.3.3.1. Obtaining the floor:
1.3.3.1.1. A member of the City Council or staff shall first
address the Presiding Officer and gain recognition.
1.3.3.1.2. Comments and questions shall be succinct and
limited to the issue before Council.
1.3.3.1.3. Cross exchange between Council Members and
public should be avoided.
1.3.3.2. Questions to staff:
A Council Member shall, after recognition by the Presiding Officer,
address questions to the designated staff member. Council
Page 138 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 11
Members are encouraged to provide questions to staff prior to
meetings and also to attend staff briefings on complex issues.
1.3.3.3. Interruptions:
1.3.3.3.1. Once recognized, a Council Member shall not be
interrupted while speaking, except to make a point
of order or personal privilege.
1.3.3.3.2. If a Council Member is called to order while
speaking, the individual shall cease speaking until
the question of order is determined.
1.3.3.3.3. Upon being recognized by the Presiding Officer,
members of staff shall hold the floor until
completion of their remarks or until recognition is
withdrawn by the Presiding Officer.
1.3.3.4. Limitation on Discussion:
No Council Member shall speak more than once on a particular
subject until every other Council Member has had the opportunity
to speak. Council Members are encouraged to discuss items
during the decision making process.
1.3.3.5. Tabling Procedure:
If a motion is made to table a matter, discussion will stop
immediately and a vote on the motion to table will be called for.
1.3.3.6. Right of Protest:
A Council Member is never required to state reasons for dissent.
1.3.3.7. Rules of Procedure:
The Council shall determine its own rules of procedure. (Charter
§ 504)
1.3.3.8. Council Minutes:
If a Council Member wishes a stated opinion to be entered in the
minutes, he/she should precede the statement with "for the
record," or request the City Clerk to enter it into the record
following the statement.
Page 139 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 12
1.3.4 PARLIAMENTARY PROCEDURE
Those rules in effect according to the City Council policy (State law and
Robert's Rules of Order). The following summarizes the most frequently
used actions.
1.3.5 PROTOCOL
1.3.5.1. Council Members and staff shall:
1.3.5.1.1. Work earnestly to preserve appropriate order and
decorum during all meetings.
1.3.5.1.2. Discourage side conversations, disruptions,
interruptions or delaying efforts.
1.3.5.1.3. Inform the Presiding Officer when departing from a
meeting.
1.3.5.1.4. Limit the use of personal electronic d evices to
urgent personal matters while seated at the dais
during Council meetings.
1.3.5.1.5. During a public hearing, correspondence between
Council Members or between a member of the
public and the Council regarding the public hearing
matter being considered by the City Council must
occur in the open and any communications outside
of the noticed public meeting on which the Council
Member’s decision is based should be disclosed
during the public hearing.
1.3.5.2. Persons demonstrating rude, boisterous, or profane behavior will
be called to order by the Presiding Officer. If such conduct
continues, the Presiding Officer may call a recess, request the
removal of such person(s) from the Council Chamber, adjourn the
meeting, or take such other appropriate action as permitted by
the Brown Act.
1.3.5.3. Only the City Council, staff, Advisory Body Chairs or designated
representatives, and those authorized by the Presiding Officer
shall be permitted to sit at the Council or staff tables.
1.3.5.4. Enforcement of order:
1.3.5.4.1. The Police Chief or their designee shall act as the
Sergeant at Arms.
Page 140 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 13
1.3.5.4.2. Any Council Member may request the Presiding
Officer to enforce the rules of protocol. Upon motion
and majority vote, the Presiding Officer shall be
required to do so.
1.3.6 VOTING PROCEDURES
1.3.6.1. When present, all Council Members shall vote, except in the case
of a recusal due to a conflict of interest. Failure of a seated
Council Member to vote will be construed as an affirmative vote.
(Charter § 505)
1.3.6.2. No ordinance, resolution or motion shall be passed or become
effective without receiving the affirmative vote of at least three
members of the Council. (Charter § 506)
1.3.6.3. A conflict of interest shall be declared whenever appropriate and
in compliance with State law and the Council Member will step
down and not participate in the discussion or vote on the item.
1.3.6.4. A vote may be changed by a Council Member only immediately
after the vote has been announced and prior to the introduction
of the next agenda item.
1.3.6.5. The City Clerk shall restate the motion prior to the vote or request
the motion maker to restate the motion if required for Council or
public clarification.
1.3.6.6. A roll call (voice) vote shall be taken for each Council action. The
City Clerk will call the roll for the roll call vote in the following
manner: 1) Maker of the motion; 2) Member who has seconded
the motion; 3) Additional Council Members in alphabetical order
by last name; and 4) Mayor last. The City Clerk shall state for the
record the name of any Council Member who is recused or has
abstained, which abstention will be counted as a vote with the
majority, unless legally required. The consent agenda will be
considered a single action for purposes of the roll call vote.
1.3.6.7. A general consent vote may be taken at the discretion of the
Presiding Officer, if there are no negative votes or objections by
Council Members.
1.3.6.8. Upon the request of any member, the ayes and noes shall be
taken and recorded on any vote. (Charter § 505)
1.3.6.9. The ayes and noes shall be taken upon the passage of all
ordinances and resolutions and entered upon the journal of the
proceedings of the Council. (Charter § 505)
Page 141 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 14
1.3.6.10. Following the vote, the Mayor shall announce whether the
questions have been carried or defeated.
1.3.6.11. Should a tie vote occur, the Council is required to continue the
item by majority vote or make motions until an action receives
three affirmative votes.
1.3.6.12. The Presiding Officer may publicly explain the effect of the vote
for the audience or may direct a member of the staff to do so.
1.3.7 PUBLIC COMMENT (Written and Oral)
Members of the public may address the City Council in a variety of ways.
Written comments on agenda items are encouraged. As a courtesy to the
Council, citizens are encouraged to present written comments at least one
day prior to the meeting. This provides the Council with a greater
opportunity to review and consider issues and/or concerns expressed in
written communications prior to a meeting. Written comments received
before, at or during a Council meeting are included in the public record and
posted to the City’s website. (GC § 54957.5) Agenda Correspondence, in
general, are correspondence and other documents from the public, the City
Council and City staff regarding Council agenda items received after the
agenda packets have been distributed. Agenda Correspondences may take
the following form: letters and emails from citizens; memos of clarification
or revision from City staff; liaison reports from the City Council;
communication items from City Council; late release or added -on agenda
reports.
Agenda Correspondence shall be date-stamped. Agenda Correspondences
are distributed by the City Clerk and made available for public review as
they are received.
The Mayor will invite comments from the public in support of, or in
opposition to, specific agenda items following the staff report. Oral
communications on matters that are not on the agenda may be provided
during the Public Comment period at the beginning of every regular
meeting.
The following are guidelines for providing oral public comments:
1.3.7.1. Immediately prior to scheduled public hearings, members of the
public may address the City Council on items that are not on the
printed agenda, or items on the Consent Agenda. A time limit of
three minutes is provided. A speaker may not yield time to
another speaker. A speaker slip should be filed with the City
Clerk, but is not required in order to speak.
Page 142 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 15
1.3.7.2. For all hybrid (in-person and via teleconference) meetings, those
requesting to speak in-person will be called first, then those
requesting to speak via teleconference will be called. All requests
to speak should be submitted prior to the start of the Public
Comment period.
1.3.7.3. Pursuant to the Brown Act, action may not be taken on issues not
listed on the agenda. Staff may be asked to follow up on such
items.
1.3.7.4. Individuals desiring to speak on an item on the agenda shall:
1.3.7.4.1. Address the Council from the podium or via
teleconference after giving their name and city of
residence. Speakers shall direct their comments to
the Council, not the audience.
1.3.7.4.2. Comment on the specific matter before the Council
with reasons for the position taken.
1.3.7.4.3. Limit comments to three (3) minutes until others
have had opportunity to address the Council. The
Presiding Officer with the consensus of Council
Members, after all others have spoken, may allow
additional brief comment from speakers who have
already commented on the same agenda item. A
speaker may not yield their time to another speaker.
1.3.7.4.4. Shall register as Municipal Advocates, if they are
testifying as paid representatives, as defined in the
Municipal Code Section 2.64.020 and shall preface
their comments by identifying themselves as
municipal advocates (2.64.050 & 2.64.070).
1.3.7.4.5. Shall avoid personal attacks, abusive language or
other disruptive behavior.
1.3.7.4.6. Applicants, applicant representatives, or appellants
desiring to speak shall:
Submit speaker slips to the City Clerk.
Shall be permitted to speak first during the
public comment portion of the public hearing for
not more than ten (10) minutes.
Address the Council from the podium or via
teleconference after giving their name and
address, and/or the name and address of the
Page 143 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 16
applicant/appellant they are representing. If the
applicant/appellant’s representative is a paid
municipal advocate, they shall comply with
Section 1.3.7.4.4 above.
1.3.7.5. After the comment period or public hearing is closed, no member
of the public shall be permitted to address the Council or the staff
from the audience, except at the discretion of the Presiding
Officer.
1.3.8 PUBLIC USE OF VISUAL AIDS AT COUNCIL MEETINGS
Members of the public who desire to utilize electronic visual aids to
supplement their oral presentations are encouraged to provide display-
ready material to the City Clerk by 12:00 noon on the day of the meeting.
No data provided to the City Clerk later than 12:00 noon will be accepted.
Staff may recommend that the presenter produce hard copies of their
materials and present the copies to Council during their presentations.
1.3.8.1. Electronic presentations must be provided in a format that can be
read on a standard PC-compatible computer running Microsoft
Windows or Microsoft Office.
1.3.8.2. Upon receipt, the City Clerk will promptly transmit electronic
visual aids to the City’s Information Technology Division for a
determination as to whether the material is free of viruses.
1.3.8.3. Staff shall preload and queue the electronic visual aid in the City’s
media system and display it when the public member is called
upon to speak.
1.3.8.4. Members of the public shall not be permitted to connect
equipment, devices, or storage media directly to the City’s
computer system during a live Council meeting.
1.3.8.5. Members of the public shall not be permitted to access the
internet from the City’s computer equipment.
1.3.8.6. Nothing in this Policy is intended to warrant or otherwise
guarantee that electronic visual aids will successfully display at a
City Council meeting. Members of the public are urged to have
hard copies of their presentations available at the City Council
meetings in the event a media system malfunction occurs.
1.3.9 CONSENT AGENDA
The Consent Agenda is generally first on the Council agenda and is
provided to expedite the meeting. Therefore, only items that are routine,
relate to implementation of approved budget items or to City operations, are
Page 144 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 17
second readings of ordinances, or are items to be later set for public hearing
are to be placed on the Consent Agenda. Items of significant neighborhood
or community public interest should be heard as a Public Hearing or
Business item, and not placed on the Consent Agenda.
1.3.9.1. Minor Questions. A Council Member may ask questions on any
item without it being pulled from the Consent Agenda. When a
Council Member has a minor question for clarification concerning
a consent item that will not involve extended discussion, the item
may be pulled for clarification at the beginning of the meeting and
the questions will be addressed along with the rest of the Consent
Agenda. There should be no objections at this time. Council
Members are encouraged to seek clarifications prior to the
meeting (if at all possible).
1.3.9.2. No Vote. When a Council Member wishes to pull an item simply
to register a dissenting vote, a request should be made that the
item be pulled for separate vote without discussion. Such items
will also be handled at the beginning of the meeting along with
the rest of the Consent Agenda.
1.3.9.3. Any item may be pulled by a Council Member for discussion. A
member of the public may request the Council to pull an item for
discussion.
1.3.9.4. Pulled items shall be heard at the close of the Consent Agenda
unless a majority of the Council chooses another time.
1.3.10 COMMUNICATIONS
1.3.10.1. The purpose of this time is to allow staff and Council to provide
an update or share information regarding a particular matter.
Examples of appropriate communications would be information
of general interest received from outside agencies, and
comments or inquiries received from individuals or from the
public, or requests to agendize future items.
1.3.10.2. If possible, written material connected with a particular
communication item should be provided to the City Manager
sufficiently in advance of the meeting to be distributed with the
regular agenda materials.
1.3.10.3. State law provides that Council can take action only on such
matters that have been noticed at least 72 hours in advance of
the meeting, unless special circumstances are found to exist.
Substantive debate or deliberation or formal action or approval
on non-agendized items is not allowed, and such an item should
be placed on the agenda of the next regular meeting.
Page 145 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 18
1.3.10.4. The communications period should not exceed 15 minutes and
speaking to a particular item should be limited to five minutes.
1.3.11 CLOSED SESSIONS (closed to the public)
1.3.11.1. Closed Sessions are regulated pursuant to the Brown Act.
1.3.11.2. No member of the Council, employee of the City, or anyone else
present shall disclose to any person the content or substance of
any discussion which takes place in a closed session unless
authorized by four fifths vote of the Council, or as otherwise
required by law.
1.3.11.3. Confidential materials provided for Closed Sessions must be
returned to the City Attorney by the conclusion of the Closed
Session.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the San Luis Obispo City Council is to
enhance the awareness and education of the general public regarding the actions
and deliberations of the City Council.
1.4.1. Coverage of City Council meetings shall be gavel-to-gavel; whether
presented to the public live o r taped, Council coverage is not to be edited
or subjected to editorial comment.
1.4.2. All regular City Council meetings shall be cablecast, except for meetings or
portions of meetings which are closed to the public, or when the Council
directs otherwise.
1.4.3. Cameras used for the gavel-to-gavel coverage shall be owned by the City
and operated only by City employees or persons under contract with the
City.
1.4.4. Cameras shall be operated so that they are focused only on the officially
recognized speaker, and on any visually displayed information they may be
showing.
1.4.5. “Reaction” shots will not be permitted.
1.4.6. The City Clerk’s minutes shall remain the official record of Council
proceedings.
1.4.7. To assure timely information for the public, Action Updates shall be posted
on the City’s website as soon as possible.
Page 146 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 19
1.5 AB 2449 – TELECONFERENCING REGULATIONS
1.5.1 QUORUM REQUIREMENT
A quorum of the Council (three members) must participate at a singular
physical meeting location identified on the agenda, which must be within the
city limits and open to the public. This means that no more than two Council
Members may utilize these AB 2449 teleconference provisions at one
meeting. If fewer than three members could not be physically present at the
beginning of a meeting, the meeting shall not be called to order.
1.5.2 LIMITATIONS ON USE
Council Members may participate remotely under AB 2449 a limited number
of times per year, depending on which exception was selected, “Just Cause”
or “Emergency Circumstances.”
1.5.2.1. Just Cause Exception.
This exception may be used in cases of caregiving for a
dependent; contagious illness; need related to a physical or
mental disability; or official governmental travel. Capped at two
(2) meetings per calendar year regardless of the Council’s
meeting schedule.
1.5.2.2. Emergency Circumstances Exception.
This exception may be used in cases of a physical or family
medical emergency that prevents a Council Member from
attending in person. Capped at 20% of the regular meetings
within a calendar year (four (4) City of San Luis Obispo Council
meetings per year).
1.5.2.3. Each agenda must describe how members of the public may
observe or attend the meeting and offer public comment,
including a way to attend via teleconference platform. Members
of the public must be allowed to make public comments in real-
time (in-person or through teleconference) during all allotted
public comment periods.
1.5.2.4. Council Members wishing to attend by teleconference must make
a request to the Council at the earliest possible opportunity, up to
and including at the start of a meeting. The Council must act by
majority vote, during the meeting, to approve or deny the request.
1.5.2.5. Council Members must also provide a “general description” of the
circumstances relating to the member’s need to participate
remotely, which need not be more than 20 words or disclose any
personal medical information.
Page 147 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 20
1.5.2.6. Council Members must disclose, before any action is taken,
whether any individuals 18 years of age or older are present in
the room at the remote location, and the general nature of the
member’s relationship with the individual. This disclosure must
take place during the meeting itself, even if the notification and
description were given in advance.
1.5.2.7. Council Members participating remotely must participate through
both audio and visual technology.
1.5.2.8. All votes taken at a meeting where a Council Member attends by
teleconference, under provisions of AB 2449, must be taken by
roll call vote.
1.5.2.9. Meeting proceeding must be suspended in the event of a
disruption that prevents the transmittal of meeting video and
audio to the public or prevents the receipt of public comment on
the teleconference platform until meeting audio and video service
are restored.
Page 148 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 21
CHAPTER TWO
COUNCIL COMPENSATION
Council compensation and benefits are established every other year by Council action
after the Council Compensation Committee conducts a biennial review and makes a
recommendation (see Section 2.6).
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
Compensation for services rendered in an official capacity shall be established by
resolution duly adopted and consistent with the rules established in the Charter.
Effective the first full payroll period in January 2025, compensation for services
rendered in an official capacity shall be provided as follows (Resolution No.
11482):
The Mayor shall receive a monthly salary of $2,923 and each City Council
Member shall receive a monthly salary of $2,319.
Planning Commissioners shall receive $86 per meeting, not to exceed $347
per month.
Architectural Review Commissioners shall receive $86 per meeting, not to
exceed $347 per month.
2.1.1 CONSUMER PRICE INDEX INCREASES
In lieu of forming a Council Compensation Committee, Council may approve
biennial Consumer Price Index (CPI) for All Urban Consumers in the Los
Angeles, Long Beach and Anaheim metropolitan area increases applied to
Council, Planning Commission, and Architectural Review Commission
salaries, effective the first full pay period in January (Resolution No. 11318).
2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE
The Mayor and Council Members shall be entitled to City-funded participation in
P.E.R.S. retirement. The City shall contribute an amount equivalent to that
received by City department heads monthly towards the Mayor and Council
Members’ participation in PEMCHA, dental, vision, and life insurance. Any
unexpended amount shall not be distributed to the Mayor and Council Members in
cash. If the Mayor and Council Members elect to opt out of medical, dental, and
vision that individual member will receive the opt-out amount equal to City
department heads.
Individual Council Members may waive any or all of the compensation provided to
them. Such a waiver shall affect only the individual choosing to waive
compensation for the period of time specified by that individual. An individual
waiver shall not be binding on any other current or future Council Member. Should
any Council Member wish to make a change in their individual compensation, staff
will process a personnel action form to effectuate this change.
Page 149 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 22
2.3 PROFESSIONAL DEVELOPMENT
Allowances shall be budgeted for the Mayor and each Council Member as follows:
2.3.1 PROFESSIONAL DEVELOPMENT - INCLUDING TRIPS AND MEETINGS
For costs of professional development and educational conferences
designed to improve understanding of and proficiency in municipal affairs.
Said allowance shall be used for out-of-county expenses only and shall be
reimbursed in accordance with accepted City Travel Guidelines.
2.3.2 START UP ALLOWANCE
An additional professional development allowance shall be budgeted to
each new Mayor and Council Member to help accelerate their
comprehension of municipal and legislative operations during the first 12
months following the taking of office and the amounts shall be as set forth
in the applicable financial plan adopted by the Council.
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT
Quarterly allowances shall be budgeted for the Mayor and each Council Member
as stated in the Financial Plan.
2.4.1 CITY BUSINESS
For costs incurred in connection with official City business. Said allowance
shall be used for in-county expenses and shall include all meals, tickets,
periodicals, dues, subscriptions, and similar miscellaneous expenses.
2.4.2 MILEAGE
For official travel within the County of San Luis Obispo, reimbursement shall
be made upon submittal of an official mileage expense form:
2.5 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to
ensure that expenditures and reimbursements are in compliance with approved
budget allocations. The Mayor and each Council Member is expected to plan
business activities so as to stay within their budget. When exceptional
circumstances require that additional amounts be allocated to accounts, f ormal
Council action shall be required.
2.5.1 ACCOUNTING
An account shall be established in the name of each Council Member with
all expenditures charged to the individual Council Member or Mayor. If any
account is depleted prior to the end of the fiscal year, a dditional allocations
Page 150 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 23
shall require a specific action of the City Council. Claims for reimbursement
as specified in Section 2.4, above, may be submitted monthly but the
aggregate of three-monthly claims may not exceed the quarterly maximum.
Receipts shall be submitted within the fiscal year. The Council budget shall
be available for review in the City Clerk's Office and the Mayor and Council
Members shall receive periodic statements.
2.5.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non
local professional development and conferences. These guidelines include
all non local official meals, tuition or fees, transportation to meeting sites,
materials, and telephone usage.
2.5.3 SPECIAL EXPENSES
For occasions when the Mayor and/or a Council Member is designated by
the City Council to represent the City at special meetings, reimbursement
shall be made from an unallocated Travel Expense Account.
2.5.4 OTHER GUIDELINES
Any other travel-related issue not specifically governed in these Policies and
Procedures shall be adjudicated in accordance with the City of San Luis
Obispo adopted Travel Guidelines.
2.5.5 DISCLOSURE AND REPORTING REQUIREMENTS
The Political Reform Act of 1974 (Government Code sections 87200)
requires local public officials to file a Statement of Economic Interest (Form
700) to disclose certain investments, interests in real property, sources of
income, gifts, loans and business positions when assuming office, annually
and when leaving office.
2.5.6 COUNCIL VOLUNTEERS
Council members may use interns/volunteers to help with various tasks
related to council activities, including but not limited to research, constituent
outreach, and administrative support. Interns/volunteers should not be used
for any campaign-related activities. Council members have the discretion to
show appreciation to their volunteers through letters of recommendation,
gift cards, or through other means of supporting their professional
development. Any City funds spent on intern/volunteer support will be
funded through the council member’s allocated professional development
budget.
Page 151 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 24
2.6 COUNCIL COMPENSATION COMMITTEE
A seven-member review committee shall be appointed no later than the last City
Council meeting in January in even-numbered years and shall bring its proposed
recommendations in resolution form to the City Council no later than the first City
Council meeting in May.
2.6.1 MEMBERSHIP
The committee membership shall have as broad a representation as
possible, including but not limited to, one previously elected official, one
Personnel Board member, and one citizen at large.
2.6.2 REVIEW RESPONSIBILITY
The committee shall review the full Council compensation package
including salary, benefits, expense reimbursement, professional
development allowances, and any other compensation provided the City
Council. Review should include, but shall not be limited to:
1) Compensation of Council Members and Mayors of cities of similar
population/budget size;
2) Compensation practices of both Charter and General Law cities;
3) Government Code provisions for General Law cities;
4) Council Member and Mayor responsibilities in San Luis Obispo at the
time of the committee's review;
5) Any structural changes that may have occurred in municipal
government either as a result of state legislation or by actions of the
local electorate that may have added to, or deducted, from the duties
and responsibilities of the Council Members and/or Mayor.
Page 152 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 25
CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS
3.1 MAYOR POWER AND DUTIES
The Mayor shall preside at all meetings of the City Council and perform such other
duties consistent with the office as may be imposed by the Council or by vote of
the people. The Mayor shall be entitled to, and must vote whe n present, but shall
possess no veto power. As presiding officer of the Council, the Mayor will faithfully
communicate the will of the Council majority to the City Manager in matters of
policy. (Charter § 407)
3.1.1. Meeting proceeding must be suspended in the event of a disruption that
prevents the transmittal of meeting video and audio to the public or prevents
the receipt of public comment on the teleconference platform until meeting
audio and video service are restored.
3.1.2. The Mayor shall be recognized as the official head of the City for all
ceremonial purposes and by the Governor for military purposes. In time of
public danger or calamity, the Mayor shall take command of the public
forces, maintain order, and enforce laws. (Charter § 407)
3.1.3. The Mayor may order flags flown on City property to be lowered to half-staff
in mourning for any member of the community designated to have made
significant contributions to the City of San Luis Obispo, in accordance with
recognized customs or practices not inconsistent with state and federal law.
3.1.4. The Mayor shall exercise such other powers and perform such other duties
as may be prescribed by law or ordinance or by resolution of the Council,
except as limited by this Charter. (Charter § 407)
3.1.5. The Mayor may solemnize marriages while in office, (Family Code Section
400.1). All rules and regulations for the rental of City facilities would apply.
3.2 APPOINTMENT OF VICE MAYOR
The appointment of the Vice Mayor shall be for a one -year term and is made on a
rotational basis, the appointment going to the next senior member that has not yet
served as Vice Mayor during their Council term. The Vice Mayor shall be appointed
at the first meeting in December.
3.3 FILLING COUNCIL VACANCIES
Page 153 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 26
3.3.1 APPOINTMENT OR SPECIAL ELECTION
Per City Charter Section 406, the Council shall by a majority vote of the
remaining Council Members, appoint a replacement member to the Council
within 30 days of the occurrence of the vacancy. If the Council fails to fill the
vacancy within thirty (30) days of its occurrence, it shall call a special
municipal election to fill the vacancy, to be held not sooner than ninety (90)
days or not later than one hundred and fifty (150) days following the
occurrence of the vacancy.
3.3.2 PUBLIC APPOINTMENT
In order that the public may know how its business is being conducted, all
phases of the Council process to appoint a replacement member to a
vacancy shall be conducted in public.
3.3.3 ADVERTISE FOR APPLICANTS
At least ten days before Council meets the first time to select a replacement
member for a vacancy, the City shall advertise in a local newspaper of
general circulation describing the vacancy and term thereof, requesting
applications from those persons interested in being appointed. In the case
of a vacancy due to a current Council Member elected to the Mayor’s seat,
the City Clerk may advertise the vacancy once the County Registrar of
Voters has certified the election results.
3.3.4 QUALIFICATIONS
Although the only two established minimum qualifications for appo intment
are (1) residency in the City for at least 30 days prior to appointment, and
(2) elector status at the time of appointment (Charter § 403), each applicant
shall submit a written statement of 500 words or less covering at least the
following areas:
3.3.4.1. The Mayor may solemnize marriages while in office, (Family
Code Section 400.1). All rules and regulations for the rental of
City facilities would apply.
3.3.4.2. The amount of time available each week to devote to the Council.
3.3.4.3. Reasons for wanting to be appointed.
3.3.4.4. Involvement in community affairs and organizations, especially in
the preceding 23-month period.
3.3.4.5. Personal qualifications for the position.
3.3.4.6. Prior experience in government, or areas associated with or
doing business with government.
Page 154 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 27
3.3.5 PUBLIC MEETING
3.3.5.1. At a time(s) selected by the Council, a meeting open to the public
shall be held by the Council to consider the selection of an
applicant to fill the vacancy.
3.3.5.2. The applications shall be given to the Council and be available to
the public at least four days before the opening of the meeting.
3.3.5.3. Members of the public may submit written comments regarding
an application at any time up to 24 hours before the meeting
begins.
3.3.5.4. At the meeting, each applicant wishing to serve should be present
to verify that he/she would be willing to serve if appointed, and
that he/she is a resident of the City. Each candidate will be given
five minutes to make a presentation to Council.
3.3.5.5. Thereafter, all discussion shall be confined to the Council except
for questions directed by the Council to staff or to members of the
public.
3.3.5.6. Upon the conclusion of such discussion, the Mayor shall open the
floor to nominations by the remaining Council Members. All
nominations, seconding, and voting, shall be done audibly in
public.
3.3.5.7. If Council is unable to reach consensus on the appointment and
further consideration is required, Council may adjourn the initial
meeting to a subsequent meeting within 30 days of the
occurrence of the vacancy to attempt to reach a decision.
3.4 ADMINISTERING OATHS: SUBPOENAS
Each member of the Council shall have the power to administer oaths and
affirmations in any investigation or proceeding pending before the Council. The
Council shall have the power and authority to compel the attendance of witnesses,
to examine them under oath and compel the production of evidence before it.
Subpoenas may be issued in the name of the City and be attested by the City
Clerk. Disobedience of such subpoena or the refusal to testify (upon other than
constitutional grounds), shall be deemed contempt and shall be punishable as
provided by the general laws of the State. (Charter § 507)
3.5 LIMITATIONS
No member of the Council shall be appointed to or serve as a voting member of
any City advisory body, whether composed of citizen volunteers, City employees,
or a combination of both. This is not to be construed as prohibiting members of the
Page 155 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 28
Council from serving on Committees or Subcommittees of the Council itself, or of
agencies representing other levels of government. (Charter § 508)
3.6 METHOD OF ACTION BY COUNCIL
All action by the Council shall be taken only by means of ordinance, resolution, or
oral motion duly made and passed.
Ordinances that prescribe rules applicable generally within the jurisdiction shall
become a part of the Municipal Code and so remain until amended or voided. All
municipal laws relating to taxation or to possible criminal action against an offender
shall be in the form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the Office of the
City Clerk. Oral motions shall be recorded only in the minutes of any regular or
special meeting of the Council. (Charter § 601)
3.7 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with the
Charter and relevant State law. Ordinances not legally required to have a public
hearing shall be set for a public hearing if the subject matter is controversial or of
a special nature. Any Council Member, prior to the time required for notice and
publication, may request the City Manager to set a public hearing on an ordinance.
No ordinance, resolution or other motion shall be passed or become effective
without receiving the affirmative vote of at least three members of the Council.
(Charter § 506)
3.8 ACCEPTANCE OF GRANTS OR DEEDS
The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized
to accept and consent to the recording of any deed or grant conveying any interest
in or easement upon real property to the City of San Luis Obispo.
3.9 LEGISLATIVE ACTION PROGRAM
The City has adopted an aggressive legislative program to strengthen local
government, promote City goals, and defend the City against legislative actions by
state and federal governments that would weaken local government or take away
traditional revenue sources. In order to respond promptly and proactively to fast-
paced legislative changes, the City Council has authorized City staff to take
positions on legislation provided the positions are consistent with the Legislative
Action Priorities established annually by the City Co uncil, and/or resolutions or
recommendations of the League of California Cities.
Page 156 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 29
3.10 AMICUS CURIAE PARTICIPATION
The City is frequently requested to join as amicus curiae (friend of court) in cases
of statewide significance to cities. Because of the often short time limits for filing
amicus curiae briefs, the City Council has authorized the City Attorney to
participate in such briefs, at no cost to the City, if the Legal Advisory Committee of
the League of California Cities has urged participation. (Resolution No. 8443)
Page 157 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 30
CHAPTER FOUR
THE BROWN ACT
4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph M.
Brown Act, Government Code Section 54950, et al. The intent of the Act is to
ensure that deliberations and actions of local public agencies are conducted in
open and public meetings. The law provides for misdemeanor penalties for
members of a body who violate the Act (GC § 54959). In addition, violations are
subject to civil action (GC § 54960). A current copy of the Act will be provided to
all Council Members assuming office, but the provisions that most directly affect
the Council are summarized in this Chapter.
4.2 MAJOR PROVISIONS
4.2.1 APPLICABILITY
The Act applies to Council, City staff and all bodies that advise Council. (GC
§ 54952.2)
4.2.2 MEETINGS
All meetings shall be open and public.
4.2.2.1 A meeting takes place whenever a quorum (three or more
members) is present and information about the business of the
body is received; discussions qualify for a meeting.
4.2.2.2 Serial meetings take place when any member of Council or City
staff contact more than one other Council Member for the
purpose of deliberating or acting upon an item pending before the
City Council (does not apply to the public or media).
4.2.2.3 Correspondence that merely takes a position on an issue is
acceptable. (GC § 54953)
4.2.3 AGENDAS
Agendas for regular meetings must be posted 72 hours in advance of the
meeting and must meet statutory requirements. (GC § 54954.2)
4.2.4 ACTIONS
No action shall be taken on any item not appearing on the posted agenda.
Exceptions:
Page 158 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 31
4.2.4.1 An emergency situation exists (determined by a majority of the
Council).
4.2.4.2 The need to take action came to the attention of the City
subsequent to the agenda being posted (determined by 2/3 vote,
i.e. 4 votes, of the Council; or if less than 2/3 are present, by
unanimous vote).
4.2.4.3 The item was continued to another meeting that was scheduled
and posted within five days of the original agenda. (GC §
54954.2)
4.2.5 PUBLIC INPUT
The public has an opportunity to address the Council on any item of interest
to the public that is within the jurisdiction of the Council. The City has the
right to establish time limits on speakers and the total time alloca ted for a
particular issue. (GC § 54954.3)
4.2.6 PUBLIC DISRUPTIONS
The Presiding Officer may call a recess if a speaker or group of speakers
become unruly and/or interferes with the orderly conduct of the meeting.
A portion or all of the public may be removed if willful disruption makes
conducting the meeting "unfeasible"; the press may remain unless they
participate in the disruption. (GC § 54957.9)
4.2.7 CORRESPONDENCE
All writings received and/or distributed for discussion or consideration at a
public meeting are public records. (GC § 54957.5)
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS:
4.2.8.1 Real Property. The purchase, sale, exchange or lease of real
property with the City's negotiator; the real property and the
person(s) with whom the City may negotiate must be announced
in open session prior to the closed session. (GC § 54956.8)
4.2.8.2 Litigation pending or a significant exposure to litigation, or the
decision to initiate litigation. The litigation or title must be
identified in open session prior to the closed session unless the
Council states that to do so would jeopardize its ability to
conclude existing settlement negotiation or effectuate service of
process. A confidential memorandum from the City Attorney must
be submitted to Council no earlier than one week of the closed
session. (GC § 54956.9)
Page 159 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 32
4.2.8.3 Compensation (salaries and benefits) of employees. To review its
position and instruct designated representatives. (GC § 54957.6)
4.2.8.4 Personnel. The appointment, employment, evaluation of
performance, or dismissal, of a public employee, or to hear
complaint against the employee, unless the employee requests a
public hearing. (GC § 549576)
4.3 SPECIAL MEETINGS
Special Meetings may be called by the Mayor or a majority of the Council, with
strict notification requirements delivered to the media and Council a minimum of
24 hours before the time of the meeting. (GC § 54956)
4.4 EMERGENCY MEETINGS
Emergency meetings may be called without the normal 24-hour notice and posting
requirements if prompt action is required due to the disruption or threatened
disruption of public facilities. Only work stoppages, crippling disasters or other
activities that severely impair the public health and/or safety qualify for emergency
meetings. (GC § 54956.5.)
4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN
ACT
City email is no less a part of “official city business” than any other written
correspondence, and there is no expectation of privacy for City email messages.
Good judgment and common sense should therefore prevail at all times regarding
its appropriate use. For further detail, please see the City’s “Electronic Mail Policy”
and Chapter 5 of this manual.
City email is subject to disclosure under the Public Records Act and is subject to
the requirements of the Brown Act. While the Brown Act does not prohibit the use
of email to make individual contacts between members of the Council, or the public
or staff, great care should be taken to avoid the use of email to contact a majority
of the Council, either individually or serially, “in a connected plan to engage in
collective deliberation on public business.”
4.5.1 CITY EMAIL
City email is no less a part of “official city business” than any other written
correspondence, and there is no expectation of privacy for City email
messages. Good judgment and common sense should therefore prevail at
all times regarding its appropriate use. For further detail, please see the
City’s “Electronic Mail Policy” and Chapter 5 of this manual.
City email is subject to disclosure under the Public Records Act and is
subject to the requirements of the Brown Act. While the Brown Act does not
prohibit the use of email to make individual contacts between members of
Page 160 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 33
the Council, or the public or staff, great care should be taken to avoid the
use of email to contact a majority of the Council, either individually or
serially, “in a connected plan to engage in collective deliberation on public
business.”
4.5.2 PRIVATE SOCIAL MEDIA AND DIGITAL COMMUNICATIONS
The City does not provide or support individual social media accounts for
councilmembers. Councilmembers that maintain personal social and other
digital media accounts should be aware that, similar to City email or any
other written or recorded communication related to the official conduct of
city business, digital communications, social media posts and messages by
public officials regarding matters that are before the City for action or within
City jurisdiction can be “official city business” subject to laws and policies
regarding freedom of speech, records retention and production, and public
transparency. Those laws and policies include, but are not necessa rily
limited to, the California and United States Constitution, the California Public
Records Act, the Ralph M. Brown Act, and the City’s records retention
regulations.
It is the intent of this policy to ensure that councilmembers are aware that
digital and social media communications regarding public business that are
conducted using private networks, accounts or devices may be subject to
the same laws as other records of public business and that mishandling of
such communications in violation of applicable laws may subject to
councilmembers and the city to liability under applicable laws and may
result in censure of a violating councilmember. This policy is intended to
establish parameters for the management of public, private and political
digital and social media accounts in compliance with applicable laws and in
a manner that avoids the potential for public confusion regarding public,
private and campaign related digital and social media activities of
councilmembers.
A councilmember or mayor participating in digital or social media
communications shall maintain and clearly delineate between separate
accounts for official, and personal or campaign statements, taking
precaution not to convey personal or campaign communications in a
manner that suggests such communications represent the position of the
City or the City Council as a whole. To avoid ambiguity, all statements,
headings, profile pictures, or biographies on personal or campaign accounts
shall not be made in the name of the position to which the councilmember
or mayor was elected, shall clearly reflect that content on such accounts
does not represent the official positions of the City or the City Council, and
shall not display the City logo or any other official City mark or title. There
is no California law requiring public officials to use only government
accounts to conduct public business, but there should be no expectation of
privacy if personal accounts are used to conduct public business.
Page 161 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 34
Statements on official sites and accounts shall contain only official City
positions, policies, or announcements, and all contents and messages
communicated on such accounts are subject to the California Public
Records Act. If a councilmember receives an electronic communication
regarding city business on a personal account, they should copy that
information to their official city account for transparency and ease of access
for public records requests.
Digital records relating to public business are required to be in a manner
capable of maintaining the record for the applicable retention period,
including through the use of highlights, bins, or archives for temporary and
disappearing stories, reels, posts, or otherwise. Likewise, public officials
should avoid deleting comments or blocking individuals on official pages or
sites they maintain. In the event that a councilmember deletes or removes
content or blocks a user for threatening, harassing, or discriminatory content
that the councilmember believes constitutes an imminent threat or violation
of harassment or discrimination laws, a copy of the deleted or removed
content shall be saved or retained consistent with city records retention
policies and this policy. Social media content should be treated the same
as any written document and retained in accordance with the City retention
schedules or the minimum two-year period required under California
Government Code.
4.5.3 4.5.3 SOCIAL MEDIA AND BROWN ACT COMPLIANCE
To avoid any violations of the Brown Act, consistent with the update
provided by AB 992, councilmembers are permitted to use a social media
platform to engage in conversations or communications on matters within
the subject matter jurisdiction of the Council: (a) to answer questions; (b) to
provide information to the public, and (c) to solicit information from the
public. However, a majority of councilmembers may not use social media
to “discuss among themselves” official business. AB 992 broadly defines
the meaning of “discuss among themselves” to include any
“communications made, posted, or shared on an internet-based social
media platform between members of a legislative body, including comments
or use of digital icons that express reactions to communications made by
other members of the legislative body.” AB 992 prohibits a councilmember
from communicating directly with the social media of any other member on
a subject within the jurisdiction of the Council.
This social media guidance applies to all internet based social media
platforms that are “open and accessible to the public,” including, but not
limited to, blogs, podcasts, Snapchat, Instagram, Facebook, Twitter,
Nextdoor, and Reddit.
Page 162 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 35
4.6 OTHER PROVISIONS
The Brown Act provides for many other restrictions and requirements; this chapter
is intended merely as a Council summary and overview of the Act , and nothing in
this Chapter supersedes the provisions of the Brown Act. Since State law
constantly changes, it is important to ensure Council has the latest information.
Additional information may be obtained from the City Attorney and/or the City
Clerk.
Page 163 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 36
CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
The City Council as a whole retains full power to accept, reject, amend, influence,
or otherwise guide and direct staff actions, decisions, recommendations,
workloads and schedules, departmental priorities, and the conduct of City
business.
This chapter addresses the relationship and conduc t between Council Members
and staff with the intent of the Council to: 1) affirm that governing shall be by will
of the collective Council, and 2) establish guidelines for Council and staff to ensure
orderly, consistent and open City government.
5.2 GUIDELINES FOR COUNCIL MEMBERS
The Council shall recognize that the primary functions of staff are to execute
Council policy and actions taken by the Council, and to keep the Council informed.
5.2.1 REQUESTS FOR INFORMATION
Individual Council Members as well as the Council as a whole shall be
permitted complete freedom of access to any information requested of staff,
and shall receive the full cooperation and candor of staff in being provided
with any requested information.
Council Members shall make routine requests for information through the
appropriate department head. Complex or comprehensive requests for
information shall be made through the City Manager.
5.2.2 DIRECTION TO STAFF
Generally, Council Members shall make requests for work to be done
through the City Manager. Individual members of the Council shall make no
attempt to pressure or influence staff decisions, recommendations,
workloads, schedules, or departmental priorities without the prior
knowledge and approval of the Council as a whole.
5.3 GUIDELINES FOR STAFF
Staff shall recognize that its primary function is to execute Council policy and to
keep the Council informed. Staff shall present the Council with all relevant
information, as well as alternatives, in an objective, succinct manner. The City
Manager and staff are committed to treating each Council Member equally.
Page 164 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 37
5.3.1 TIMELY RESPONSE
City staff will make every effort to respond in a timely and professional
manner to all requests made by individual Council Members for information
or assistance, provided that, in the judgment of the City Manager the
request is not of a magnitude, either in terms of workload or policy, which
would require that it more appropriately be assigned to staff through the
collective direction of the City Council. In terms of making this judgment, the
following guidelines should be considered: The request should be specific
and limited in scope so that staff can respond without altering other priorities
and with only minimal delay to other assignments; the request should only
impose a "one-time" work requirement, as opposed to an on-going work
requirement; the response to the request should not require a significant
allocation of staff resources (generally defined as consisting of more than
one staff person, or a single staff person working on the issue in excess of
1-2 hours).
5.3.2 DIRECTION FROM COUNCIL
Staff is obligated to take guidance and direction only from the Council as a
whole or from the appropriate management superiors as may be the case.
Staff is directed to reject any attempts by individual members of the Council
to unduly influence or otherwise pressure them into making, changing or
otherwise suppressing staff decisions or recommendations, or changing
departmental work schedules and priorities. Staff shall report such attempts
to influence them in confidence to the City Manager, who may inform the
Council as a whole of such attempts.
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS
An exception to the above guidelines may be staff work required in support
of a Council Member designated by the City Council to represent the City in
an intergovernmental role (e.g., membership on Joint Powers Authority), or
relative to a special assignment (e.g., a special task force).
5.3.4 INFORMATION DISTRIBUTION
In cases where a staff response to an individual Council Member request
involves written material that may be of interest to other Council Members,
the City Manager will provide copies of the material to all other Council
Members. In making this judgment, the City Manager will consider whether
the information is significant or new or otherwise not available to the Council
or of interest to the Council.
5.3.5 SIGNIFICANT INFORMATION
Any information, service-related needs, or policy positions perceived as
necessary by individual Council Members, which cannot be fulfilled per the
above guidelines, should be raised by the individual Council Member under
Page 165 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 38
the "Communications" category of a regularly scheduled City Council
meeting. If so directed by the collective action of the Council, then staff will
proceed to complete the work within Council-established deadlines.
5.4 ACCESS TO COMMUNICATIONS / TECHNOLOGY SYSTEMS
The City will provide each Council Member with equal and appropriate
communications and technological devices to facilitate their public service and
within the confines of the IT standards for hardware and software specif ications.
5.4.1 TELEPHONES
The City will provide at their request, each Council Member with direct
access to the City’s telephone system from their homes. Information
Technology (IT) staff will coordinate installation of a telephone line and a
telephone with voicemail and fax capability for Council Member use at home
while in office. The City’s Telephone Use Policy applies to Council Member
use of these telephones
5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY
The City will provide each Council Member, at their request, with a complete
computer workstation and related City-standard software for their home use
while in office. These computers and software will be upgraded or replaced
pursuant to the City’s computer replacement policy. Council Member
access and use of the City's IT is subject to all City guidelines concerning
the use of its information technology resources. The most important of these
are:
The City information systems exist solely for the purpose of
conducting City business, not intended for personal use.
All data (including electronic mail messages) is owned by the City
and subject to public disclosure.
All software and hardware installations should be made by IT staff
on City-owned machines only. Except for screensavers, personal
software is not allowed on City workstations; and all application
software must be owned by the City and used in compliance with all
software licensing agreements.
All City information technology policies are included in the Information
Technology Policies and Procedures Manual, which is available for Council
Member review upon request.
Page 166 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 39
5.4.3 SECURITY
Each Council Member shall have a uniquely assigned user name and
password for security purposes. While this cannot guarantee privacy,
confidentiality, or data security, it is an important component of the City’s
overall system protection. Passwords should never be shared with others.
5.4.4 INTERNET ACCESS
Council Members are authorized to use the City Internet connection, which
includes electronic mail, for the purpose of conducting City business and
communicating with the public. The City Internet Access and Use Policy is
applicable to Council Members.
5.4.5 ELECTRONIC MAIL (EMAIL)
Council Members will have access to the City electronic mail (Email) system
that will allow Email communication internal to the City and with others via
the Internet. Email correspondence sent and received by members of th e
City Council via the City website are public records and subject to
disclosure. The City Electronic Mail Policy is applicable to Council
Members.
5.4.6 SUPPORT RESPONSIBILITIES
5.4.6.1 IT staff is responsible for installing all remote access hardware
and software, including computer workstations, printers,
telephones and fax machines, and for removing them at the end
of the Council Member’s term of office.
5.4.6.2 Administration will coordinate training on standard City
application software, technical support and service, and provide
related office supplies.
5.4.7 COUNCIL MEMBER RESPONSIBILITIES
Council Members are responsible for using City information technology
resources in accordance with the City’s normal policies, procedures, and
guidelines.
5.5 COUNCIL MAIL HANDLING
All incoming mail addressed to the Mayor and Council Members, will be handled
by the City Clerk’s staff in the following manner:
Page 167 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 40
5.5.1 PAPER AND ELECTRONIC MAIL, PUBLIC RECORD
Both paper and electronic mail addressed to Council Members and
delivered to City Hall, or any other City building or facility, or via any City
equipment, account, or network, is presumed to be a public record, subject
to retention and disclosure requirements as set forth in the City’s Records
Retention Policy and the California Public Records Act, unless an express
legal exemption or privilege applies. Council Members shall consult with the
City Attorney prior to withholding or destroying any document or
correspondence received in connection with their service for the City,
except as specified herein. Electronic mail is additionally subject to the
City’s Electronic Mail policy and Sections 5.4.2 and 5.4.5. Electronic mail
will be retained and accessed in accordance with applicable laws and City
Information Technology policies.
5.5.2 “PRIVATE, PERSONAL, CONFIDENTIAL” MAIL
Paper mail addressed to an individual Council Member and marked
“private,” “personal” or “confidential” shall be date stamped on the envelope
or package and shall be logged in by City Clerk’s staff in a manner that
records the date of receipt, method of delivery, sender (if reflected on the
face of envelope or package received), and recipient. The original will then
be placed in the addressee’s City mailbox unopened. If mail has not been
retrieved from the Council Member’s mailbox within 2 business days, such
mail shall be retrieved by City Clerk’s staff and handled in accordance with
Section 5.5.3.
5.5.2.1 Once opened and reviewed by the Council Member, any
correspondence that reflects any comment, complaint, inquiry, or
request that is or may be related to any matter of City business
shall, within 2 business days, be copied as the Council Member
deems appropriate and the original document delivered to the
City Clerk for handling in accordance with Section 5.5.3. Personal
notes (e.g. birthday or holiday cards) that do not implicate City
business need not be provided to staff or retained pursuant to
Section 5.5.3.
5.5.3 PROCESS FOR PAPER MAIL
All paper mail sent to Council (either as a group or to each Council Member)
will be opened, date stamped and the envelope will be stapled to the back
of the correspondence. Copies of each correspondence will be scanned and
distributed to Council via an email as soon as possible. The original will be
filed in the City Clerk’s office consistent with the City’s document retention
policy.
Page 168 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 41
5.5.3.1 Any public correspondence received on behalf of Council that
requires staff to follow up with a response on an issue unrelated
to a current agenda item will be distributed to Council per Section
5.5.3. Once the written response is prepared by the appropriate
department (normally within two weeks) it will be sent to the
person who initiated correspondence with the City Council, and
all Council Members will receive a copy of the response. Items
that require staff follow-up include, but may not be limited to,
complaints, information requests, service requests, or other
similar correspondence. Responses should be provided in the
manner they were received (e.g. an e-mail response is
appropriate for e-mail received, and a written response is
appropriate for letters received in the mail).
5.5.3.2 Any public correspondence received on behalf of Council that is
related to a current agenda item will be handled via the Agenda
Correspondence procedure as stated in Section 1.3.7.
5.5.3.3 Unsolicited mail, advertisements, magazines or journal
publications, and other “junk mail” will be date stamped and
placed in a Council Members inbox for pick up. These items will
not be scanned or logged.
5.5.3.4 If City Clerk staff can verify that an email correspondence has
been distributed to all Council Members, it will be handled and
retained pursuant to Section 5.5.3 but will not be redistributed.
Page 169 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 42
CHAPTER SIX
ADVISORY BODY PROCEDURES
6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS
6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES
Subcommittee liaisons to advisory bodies are selected annually by the full
Council, usually in December. The Mayor and Vice Mayor shall submit
recommendations to the full Council, rotating nominations for Council
Member Subcommittees, thereby ensuring an opportunity for each membe r
to serve as liaison at least once on each advisory body, when possible.
When terms of office do not allow each member to serve once, members
with greatest seniority shall have first right of selection.
6.1.2 ROLE
Council liaisons do not serve as ex-officio members of the advisory bodies,
but rather as a conduit to express the position of the Council and to gain a
better understanding of the issues considered by the advisory body.
6.1.3 COMMUNICATION
The purpose of the liaison assignment is to facilitate communication
between the Council and advisory body.
6.1.4 EDUCATION
Increase the Council's familiarity with the membership, programs, and
issues of the advisory body.
6.1.5 APPOINTMENT RECOMMENDATION
Interview applicants and make recommendations for appointments to the
full Council.
6.1.6 ATTENDANCE
From time to time, attend advisory body meetings for observation purposes
only. Liaison members should be sensitive to the fact that they are not
participating members of the advisory body but are there rather to create a
linkage between the City Council and advisory body. In interacting with
advisory bodies, Council Members are to reflect the majority view of the
Council as a whole, rather than their own personal opinions.
Page 170 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 43
6.2 COUNTY OR REGIONAL REPRESENTATION
Annually, the Mayor shall make appointments to a variety of County and/or
regional committees and boards. One member of the Council shall serve as a
voting representative and one member shall serve as an alternate. (See 6.6.2 for
appointment procedures.) Voting delegates shall reflect the m ajority view of the
Council as a whole, rather than their own personal opinions.
6.3 OTHER COUNCIL SUBCOMMITTEES
Council may establish subcommittees of no more than two members to address
areas of concern and/or study.
6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS
6.4.1 INTENT
To honor advisory body deliberations, views and positions on issues before
Council; enhance communications between Council and their advisory
bodies; and allow participation and input by advisory body members
6.4.2 COUNCIL AGENDA REPORTS
6.4.2.1 Recommendation Differences. For those rare occasions when
the City Manager recommendation differs from an advisory body
recommendation, the difference should be clearly noted in a
separate paragraph following the City Manager recommendation.
The Discussion section contains information relating to the
advisory body recommendation.
6.4.2.2 The minutes of the advisory body item are included as an
attachment to the Agenda Report.
6.4.3 COUNCIL MEETINGS
6.4.3.1 On appeals or items brought by or through the advisory body, the
Chair (or Vice Chair, when the Chair is not available) may be
seated next to the department head. The department head
makes the introduction; then the Chair of the advisory body
makes a brief presentation, representing the position of the
advisory body.
6.4.3.2 Other members of the advisory body are free to appear and give
testimony before Council using the public microphone, after
identifying whether they are speaking as a representative of the
advisory body or as a private citizen.
Page 171 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 44
6.4.4 RECOMMENDATIONS
Recommendations or Reports to Council must be in written form.
6.5 ROLE OF CITY STAFF PERSONS
Staff support and assistance may be provided or made available, but advisory
bodies do not have supervisory authority over City employees. While they may
work closely with advisory bodies, staff members remain responsible to their
immediate supervisors and ultimately to the City Manager and Council. The
members are responsible for the functions of the advisory body and the
chairperson is responsible for committee compliance with the policies outlined in
the Advisory Body Handbook.
Staff support includes preparation of a summary agenda after approval by the
Chairperson, and preparation of agenda reports providing a brief background of
the issue, a list of alternatives, recommendations, and appropriate backup
material, if necessary. Members of advisory bodies are volunteers and should be
treated with respect and courtesy. Advisory body members should have sufficient
information to reach decisions based upon a clear explanation of the issues. The
assigned staff person or designee serves as Secretary, taking minutes as needed.
It is important that advisory bodies wishing to communicate recommendations to
the City Council do so through adopted or approved Council agenda procedures.
Staff members shall assist the advising body Chair to insure appropriate legal
review or City and state legislation is in compliance.
6.6 APPOINTMENT PROCEDURES
The following procedures shall be the policy of the City Council in regard to
appointment of volunteer citizens to the various advisory bodies of the City.
6.6.1 PURPOSE
The establishment of these procedures shall insure that well-qualified,
responsible and willing citizens are given the opportunity to serve the City
and participate in the governing of their community. These procedures will
apply to all appointments and reappointments to standing advisory bodies.
6.7 PROCESS
6.7.1 QUALIFICATIONS
6.7.1.1 With the following exceptions, only residents who are registered
voters within the City limits are eligible to apply to an advisory
body. Exceptions include the Tourism Business Improvement
District (TBID) Board, one representative from the TBID Board
serving on the Promotional Coordinating Committee, the Cal Poly
employee and student representatives serving on the MTC, and
Page 172 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 45
members of the Housing Authority. In addition, part- or full-time
City officials and management employees are not eligible to
apply.
6.7.1.2 The applicant must be at least 18 years of age at the time of
appointment.
6.7.1.3 No member of the Council may be appointed to any office created
by or the compensation of which is increased by the Council,
while a member thereof, until one year after the expiration of the
term for which elected. (Charter §409)
6.7.2 TERMS
6.7.2.1 The term of office for each appointee to an advisory body shall
be a maximum of four years. The length of a term is dictated by
the principle that no more than two terms on any committee shall
expire each year.
6.7.2.2 No appointee shall serve on the same advisory body for more
than two consecutive, full terms, but may subsequently serve on
another advisory body unless noted otherwise. Exceptions
include the Housing Authority, Jack House Committee and
Construction Board of Appeals, which do not have term limits.
6.7.2.3 After a one-year interval, persons may reapply to serve on the
same advisory body.
6.7.2.4 Mid-term appointment to a vacant seat shall not preclude the
appointee from serving two additional consecutive full terms,
provided that the initial, partial term served is less than half of a
full term.
6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not
be appointed to serve on more than one advisory body, except
that a member may also serve on one technical or special -
purpose committee at the same time he or she is serving on a
non-technical or non-special-purpose committee. Except as
noted, a member will be expected to resign from one body upon
being appointed to another.
6.7.3 PROCESS
6.7.3.1 Applications are obtained and filed with the City Clerk’s Office.
6.7.3.2 In December of each year, the City Clerk shall advise the City
Council of the terms that are due to expire on each advisory body.
The City Clerk shall also notify each advisory member whose
term is due to expire. Each of these members shall be given the
Page 173 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 46
opportunity to apply for reappointment unless that member has
already served two consecutive, full terms on that advisory body.
6.7.3.3 The City Clerk shall post/publish advertisements and take other
recruitment steps in accordance with statutory requirements and
as appropriate, inviting citizens to apply for vacant positions and
provide instructions regarding the application process.
6.7.3.4 Applicants will be encouraged to read the Advisory Body
Handbook and attend at least one meeting prior to the interview
with the Council Liaison Subcommittee.
6.7.3.5 The subcommittee shall interview qualified applicants, inviting the
advisory body Chair to attend (if the Chair is being considered for
reappointment, the Council Liaison Subcommittee shall
designate another representative). The City Clerk will provide the
subcommittee with the Advisory Body Interview Template to
assist with the interview process.
6.7.3.6 The Council Liaison Subcommittee shall submit
recommendations for appointment to the entire Council. If a
unanimous decision for recommendation to the full Council
cannot be reached, the Council shall take a separate motion for
each candidate proposed by each member of the Council Liaison
Subcommittee.
6.7.3.7 Applicants not appointed will be so advised and their applications
held for consideration in the event of a future vacancy for no less
than one year. Should a vacancy occur on the committee to which
they applied, the City Clerk’s office will contact qualified
applicants to determine whether they want to be reconsidered for
the vacancy. However, advertisement of the vacancy must be
made in accordance with statutory requirements and all
applicants will be considered for the vacancy.
Page 174 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 47
CHAPTER SEVEN
COUNCIL CONFIDENTIALITY POLICY
7.1 PURPOSE AND PROHIBITION AGAINST DISCLOSURE
7.1.1 PURPOSE AND INTENT
In order to keep the City Council fully informed about pertinent legal issues
that may impact the City Council's decision-making, the City Attorney and
other attorneys retained to represent the City issue confidential legal
opinions and/or conducts closed sessions when authorized to do so by the
Brown Act. Unauthorized disclosures of confidential information obtained
from such confidential communications harm the City by compromising the
City’s negotiating positions, diminishing the willingness of City staff and
other Council Members to communicate fully and frankly with the City
Attorney, and exposing the City to unwarranted litigation risks and
significant damages awards against the City. It is the intent of the Council
that the City’s confidential information shall be maintained inviolate and that
unauthorized disclosures of such information be deterred and/or censured.
7.1.2 PROHIBITION AGAINST DISCLOSURE
No person in receipt of Confidential Information, as defined herein, shall
disclose or cause to be disclosed all or part of any confidential information
to any unauthorized person.
7.2 PUBLIC CENSURE FOR UNAUTHORIZED DISCLOSURE
Any Council Member disclosing or causing to be disclosed confidential information
to any unauthorized person may be subject to public censure by the City Council.
Any censure proceeding shall be conducted in accordance with a process
established by the City Council and shall, at a minimum, ensure that no public
censure will occur unless the accused Council Member has been provided with
notice of the accusation of unauthorized disclosure, the facts supporting such
accusation, and an opportunity to be heard regarding the allegations.
7.3 DEFINITIONS
For purposes of this policy, the following words and phrases shall be defined as
follows:
7.3.1 CAUSE TO BE DISCLOSED
Failure to exercise due care in maintaining the confidentiality of the
Confidential Information, whether verbal or written.
Page 175 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 48
7.3.2 CONFIDENTIAL INFORMATION
7.3.2.1 Any information within the scope of a duly authorized closed
session, whether provided orally or in writing, by any attorney,
consultant, staff member or Council Member acting within the
scope of the closed session (See Gov't. Code Section 54963); or
7.3.2.2 Any oral or written communications by or from the City Attorney,
Assistant City Attorney, or any retained counsel representing the
City’s legal interests containing the attorney's legal opinions,
advice, thoughts, mental impressions or conclusions that are
given on behalf of the City.
7.3.2.3 Confidential Information does not include information that is:
required by law to be reported out of closed session; authorized
to be disclosed by a majority vote of the City Council; or otherwise
authorized to be disclosed under the law.
7.3.3 UNAUTHORIZED PERSON
7.3.3.1 With respect to confidential information communicated during a
closed session, any person, other than a Council Member, not in
attendance at the closed session; or
7.3.3.2 Any person to whom the oral or written confidential information is
not directed or addressed; or
7.3.3.3 Any person who has a disqualifying conflict of interest in the
subject matter of the confidential information.
7.3.3.4 Unauthorized person does not include Charter Officers and
department heads and the staff of Charter Officers and
department heads, when such persons have a need to know the
confidential information in order to discharge the duties of their
positions for the benefit of the City.
Page 176 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 49
CHAPTER EIGHT
COUNCIL CENSURE POLICY
8.1 PURPOSE OF CENSURE POLICY
In order to deter violations of law and serious violations of adopted City policies,
the City Council may take formal action against its members for such misconduct
in the form of censure.
8.2 DEFINITIONS
8.2.1 CENSURE
Censure is a formal Resolution of City Council reprimanding one of its own
members for specified conduct, generally a violation of law or of City policy
where the violation of policy is considered to be a serious off ense. Censure
should not follow an occasional error in judgment, which occurs in good faith
and is unintentional. Censure carries no fine or suspension of the rights of
the member as an elected official, but a censure is a punitive action that
serves as a punishment for wrongdoing.
8.3 CENSURE PROCEDURE
8.3.1 Any member of the City Council may submit, in writing to the Chair of the
Personnel Board, a complaint and request for a censure hearing concerning
an alleged violation of law or serious violation of City polici es by another
member.
8.3.2 Prior to any formal action by the City Council to censure a member, the
person against whom censure is sought is entitled to due process of law,
which requires notice and the opportunity to be heard and to refute the
evidence against him or her, by means of a censure hearing.
8.3.3 The complaint shall contain specific factual allegations and any supporting
evidence of specific conduct alleged to violate existing law or adopted City
policies. The Personnel Board within 30 business days shall review the
record and either (1) issue an advisory opinion to the Council; or (2) conduct
further investigation and/or a hearing on the matter.
8.3.4 A copy of the complaint and request for censure shall be provided to the
accused Council Member as soon as possible following receipt, but in no
event less than 72-hours prior to the meeting of the Personnel Board at
which the complaint and request for a censure hearing will be considered.
8.3.5 The Personnel Board shall consider whether additional investigation is
necessary and, if so, shall appoint an ad hoc committee to complete the
necessary investigation and make a written report of the investigation to the
full Board.
Page 177 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 50
8.3.6 The ad hoc committee will determine the process by which statements are
taken. Witnesses may choose to provide a signed declaration under penalty
of perjury attesting to his or her knowledge of the facts surrounding the
allegations. If a witness is unwilling to submit such a declaration, the Council
may issue a subpoena to compel the witness testimony before the
Personnel Board, consistent with its subpoena power granted under the City
Charter.
8.3.7 The Personnel Board and ad hoc committee, if necessary, shall be staffed
by the Assistant City Attorney and such other administrative support staff
as may be necessary to assist in its investigation and report to the Council.
8.3.8 Upon completion of its review of the complaint and any additional
investigation the committee shall determine if, considering all the facts and
evidence, there is sufficient evidence to believe or not believe that the
alleged violation of law or serious violation of adopted City policy occurred.
The Personnel Board shall make a written report to the Council stating the
specific law or policy alleged to have been violated, and summarizing the
complaint, evidence, and the results of any additional investigation. The
Board shall also make a recommendation to the Council that the complaint
is supported by sufficient evidence of a violation of law or serious violation
of adopted City policy to warrant a censure hearing, or, alternatively, that
the complaint is not supported by sufficient evidence of a violation of law or
serious violation of adopted City policy to warrant a Council censure
hearing.
8.3.9 If the Personnel Board determines that the allegations are supported by
sufficient evidence and a censure hearing is warranted, the City Clerk shall
be notified and shall set the matter for a public censure hearing before the
City Council; if the Personnel Board concludes that the allegations are not
supported by sufficient evidence and a censure hearing is not warranted,
the Board’s recommendation will be forwarded to the City Council and no
further action taken, unless the City Council directs, by a majority
consensus of the City Council during Council Communications, the matter
to be placed on its agenda for further consideration. In either case, a copy
of the final report shall be provided to the accused member at the same time
it is provided to the City Council.
8.3.10 If a public hearing is set before the City Council, it shall be at least 14 days
following the Personnel Board’s recommendation in order to give the
member subject to censure adequate time to review the allegations and
evidence against him or her and prepare a defense, but no longer than 30
days from the date of the Personnel Board’s recommendation.
Page 178 of 280
Council Policies & Procedures Manual (rev. 04/02/2024) Page 51
8.3.11 At the hearing, the subject member shall be given an opportunity to make
an opening statement, closing statement, and to question his or her
accusers. The hearing shall not be a formal adversarial heari ng and the
Rules of Evidence shall not apply to the proceeding. The subject member
may choose to be represented and to designate his or her representative to
speak on his or her behalf.
8.3.12 A City Council decision to censure requires the adoption of a Resoluti on
making findings, based on substantial evidence that the member has
engaged in conduct that constitutes a violation of law or a serious violation
of an adopted City policy. The Resolution must be affirmed by at least three
affirmative votes of the Council. The accused Council Member shall not
participate in the City Council’s deliberations after the public hearing is
closed or in any vote by the City Council on the proposed censure.
Page 179 of 280
Page 180 of 280
R ______
RESOLUTION NO. _____ (2024 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING ITS COUNCIL POLICIES AND
PROCEDURES MANUAL
WHEREAS, the City Council has adopted a certain manual entitled “Council
Policies and Procedures” to define and ensure the proper conduct of the City’s business
by the City Council and in compliance with State law and the City’s Charter and
Ordinances; and
WHEREAS, the Council periodically revises its Council Policies and Procedures
to ensure clarity, consistency with State law, and conformity with the City Charter and
Ordinances.
WHEREAS, Council Members have an annual professional development budget
to use towards improving their understanding of and proficiency in municipal affairs.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Section 2.5 - General Procedures and Limitations – of the Council
Policies and Procedures Manual is hereby amended, to add the following section that
read as follows:
2.5.6 Council Volunteers – Council members may use interns/volunteers to help
with various tasks related to council activities, including but not limited to research,
constituent outreach, and administrative support. Interns/volunteers should not be
used for any campaign-related activities. Council members have the discretion to
show appreciation to their volunteers through letters of recommendation, gift cards,
or through other means of supporting their professional development. Any City
funds spent on intern/volunteer support will be funded through the council
member’s allocated professional development budget.
SECTION 2. Any provision of the Council Members’ annual p rofessional
development budget towards Council Member Interns serves a public purpose in that the
interns are helpful in providing necessary research, constituent outreach, and
administrative support to Council Members in their official capacity.
SECTION 3. A copy of the Council Policies and Procedures Manual shall be
maintained on file in the Office of the City Clerk, shall be distributed to all Council
members and department heads and shall be available to the public online and during
reasonable business hours.
Page 181 of 280
Resolution No. _____ (2024 Series) Page 2
R ______
SECTION 4. Resolution Number 11341 (2022 Series) is hereby amended and
superseded to the extent inconsistent herewith.
Upon motion of _______________, seconded by _____________, and on the
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2024.
___________________________
Mayor Erica A. Stewart
ATTEST:
________________________
Teresa Purrington,
City Clerk
APPROVED AS TO FORM:
________________________
J. Christine Dietrick,
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington,
City Clerk
Page 182 of 280