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HomeMy WebLinkAbout05-08-2012 b1 council policies and procedures confidentiality policy rollcall vote mail handel regular meeting~~counci lacenaa nEpo12C Meeting Date May 8,201 2 Item Number B 1 CITY OF SAN LUIS OBISP O FROM : J . Christine Dietrick, City Attorne y Katie Lichtig, City Manage r Michael Codron, Assistant City Manage r SUBJECT : COUNCIL POLICIES AND PROCEDURES AMENDMENTS AN D ADDITIONS REGARDING VOTING PROCEDURES, COUNCIL MAI L HANDLING POLICY, REGULAR MEETING DATES, AN D CONFIDENTIAL INFORMATION . RECOMMENDATIO N 1 . Adopt a Resolution : a)Amending Council Policies and Procedures Section 1 .3 .6 .6 – Voting Procedures- to require a roll call (voice) vote to be taken for each Council action . b)Adding Section 5 .5 – Council Mail Handling Policy- to the Council's Policies an d Procedures Manual . Adding Chapter 7 - Council Confidentiality Policy- to the Council's Policies and Procedures Manual . 2 . Review the effectiveness of three regular Council meetings per month and provid e direction to staff regarding regular meeting dates . DISCUSSION Voting Procedure s Council Policies and Procedures Section 1 .3 .6 .6 - Voting Procedures, outlines the Council's process for voting on items and provides that "A roll call (voice) vote may be taken at th e discretion of the Presiding Officer ." The City's longstanding practice, "voting by yeas and nays," does not require each Council member to individually announce their vote . On February 21, 2012, Council directed staff to return with amendments to the Council Policies and Procedures Section 1 .3 .6 .6 to require a vote by roll call for each action, as opposed t o leaving the decision to take a roll call vote to the discretion of the Mayor . Staff returned tha t item to Council on March 13, 2012 for approval of the amended provision . At that time, Counci l agreed temporarily to utilize the roll call procedure to evaluate the impacts and effectiveness o f the practice.Council directed staff to return consideration of this matter with other Counci l Policies and Procedures items scheduled to be considered on May 8, 2012 . Council has bee n utilizing the roll call vote over its last several meetings without any apparent disruption o f B1-1 meeting flow or efficiency . However there are multiple methods that could be used for taking a roll call vote if the council decides to formally adopt this practice . As proposed, the amended section will include the process by which the Mayor will give clea r instructions : "Those in favor of the adoption of the motion will, as their names are called , answer yes ; those opposed, will answer no . The City Clerk will call the roll . The City Clerk wil l call 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 ; 4 ) Mayor last . The City Clerk shall state for the record the name of any Council member who i s recused or has abstained, which abstention will be counted as a vote with the majority, unles s legally required ." This process has been supported by the National Associations of Parliamentarians and by th e American Institute of Parliamentarians . Mail Handlin g In addition to amending Section 1 .3 .6, Council directed staff to bring forward a Council Mai l Handling Policy . Members of the City Council receive a large volume of mail and othe r materials that are delivered primarily through the use of mailboxes located in the City Council's office and via e-mail . Currently, Administration Department staff opens and disseminates mai l to individual Council mailboxes, and frequently scans and a-mails these letters to Council, a s opposed to duplicating hard-copies . It is standard practice City-wide for mail sent to staff to be opened by the person in each department assigned this responsibility .This ensures appropriate handling of payments for services, information requests, and service requests consistent with the City's document retention and public records management requirements . This practice extends to mail sent to th e City Council . Longstanding City practice has been that mail received at City Hall for th e Council, as a group or as individuals, is opened and reviewed by Administration Departmen t staff to determine the appropriate response and method of dissemination . Administration staff then maintains a record of the mail item consistent with the City's public records retentio n requirements and assists in coordinating staff follow up, if necessary . Recently, mail handling practices came into question and Council directed staff to return with a revised mail handling policy that balances Council member and public desires for direct Counci l member/constituent communications with legal obligations regarding public records an d responses to certain kinds of claims or allegations . Attachment 2 outlines the proposed polic y recommended by the City Attorney,which affords Council the "first look" at mail marke d private or confidential, while requiring such documents to be appropriately disclosed, addressed , and maintained thereafter . Additionally, the City Manager and City Clerk recommend that mai l handling functions be centralized in the City Clerk's Office as the City Clerk has the primar y role with respect to City records retention and is already responsible for the distribution o f Agenda Correspondence . This methodology seems to enhance efficiency while maintainin g responsiveness and transparency . B1-2 Regular Council Meeting Schedul e In January of this year Council determined that additional meeting time was necessary t o accomplish its work . Thus, Council adopted Ordinance Number 1573 (Attachment 3), establishing regular meetings the first three Tuesdays of each month and Council has been meeting three times per month since March . Historically, regular meetings had been the first an d third Tuesdays of each month, with special meetings scheduled as needed to accommodate peak s in Council workload . Recently staff received feedback from three councilmembers that they would like the issue o f regular meeting days placed on an agenda for discussion of the effectiveness of the new meetin g schedule . Thus, this item has been agendized for Council discussion without a staff recommendation . The City Manager, Assistant City Manager, City Clerk and City Attorney will be prepared to answer questions regarding staff and financial impacts associated with the thre e meeting per month schedule . Confidentiality Policy The Council's current policies and procedures contain a great deal of helpful guidance regardin g public participation and public information, but are extremely short on policy guidance an d information to assist new Council members in understanding what information is confidential , how such information must be treated, and the consequences for improper disclosure o f confidential information . Accordingly, at its February 7, 2012 meeting, Council directed th e City Attorney to return with a proposed confidentiality policy to be incorporated into th e Council's Policies and Procedures Manual . Because the Council is elected, and staff hired to support, the conduct of the public's business , the vast majority of City records are open to public review and City actions must be taken a t public meetings . However, both state law and public policy recognize certain exceptions to th e rules of public disclosure . California's open meeting law,the Ralph M . Brown Act, establishe s thirteen distinct circumstances under which a legislative body may meet in closed session t o engage in non-public discussion, deliberation and/or action (See California Government Code, Sections 54956-54957.10).Similarly, the California Public Records Act defines more than thirt y categories of documents that are exempt from public disclosure (See California Governmen t Code,Section 6254).While both acts are premised on the public's fundamental right to kno w how its business is being conducted, both acts also recognize that there are circumstances i n which the public's interests are not served by public deliberation and disclosure, as well a s circumstances where personal privacy rights outweigh the public's right to know . The most commonly used exemptions are those for deliberations related to pending or threatened litigatio n against the City, labor negotiations, personnel performance evaluation, or real propert y negotiations . Each of these contexts presents circumstances where public disclosure of the City's litigation strategy, vulnerabilities,or bottom line bargaining position could prejudice the governing body's ability to act in the best fiduciary interests of the public the City serves or t o engage in frank discussion necessary to evaluate the best course of action . Inaddition to confidential information addressed under the Acts, there are exemptions to publi c disclosure requirements arising from the City's Attorney-Client privileges and the Attorne y 131 -3 Work Product Doctrine that protects the City Attorney's advice and work product (verbal o r written legal advice and guidance). These areas of confidential information are embodied in th e California Rules of Professional conduct governing members of the State Bar, including the Cit y Attorney and Assistant City Attorney, as well as in the California Evidence Code and a lon g history of case law . The City Council as a body is the holder of the attorney-client privilege fo r the. City, even as to those attorney-client privileged legal opinions that the City Attorne y originally issues to the City Manager, other City Officers and Employees, but not to the Cit y Council . While the City Council acting as a body may choose to waive the attorney-clien t privilege as to certain communications, neither individual members of the City Council nor an y staff member may not waive the attorney-client privilege . The City Attorney's duty to preserv e the privilege exists to serve the purpose of encouraging the City Manager, other City officers an d employees acting on behalf of the City to seek legal assistance and to communicate fully an d frankly with the City Attorney even as to embarrassing or legally damaging subject matter . The City Attorney requires this information to represent the City effectively and, if necessary, t o advise the City to refrain from wrongful conduct . In order to keep the City Council full y informed about pertinent legal issues that may impact the City Council's decision-making, th e City Attorney issues confidential legal opinions or conducts closed sessions when authorized t o do so by the Brown Act. Unauthorized disclosures of confidential information obtained fro m City Attorney legal opinions or from closed sessions harm the City . Harm to the City from suc h breaches of confidentiality ranges from diminution of City staffs willingness to communicat e fully and frankly with the City Attorney to unwarranted litigation exposure and significan t damages awards against the City . City Council has requested that this policy be drafted defining what information received fro m the City Attorney is confidential and expressing what recourse the City Council has agains t members for unauthorized breaches . The Brown Act defines confidential information in th e context of closed session communications, prohibits disclosure of such information, an d establishes penalties for improper disclosures (See California Government Code, Sectio n 54963).The City Attorney recommends that the Council incorporate a confidentiality policy, consistent with the Brown Act, as well as other statutory and common law privileges, an d reflective of a confidentiality policy adopted by the City of Sacramento following significan t legal research and public debate, as set forth in proposed Chapter 7, attached hereto a s Attachment 4 . FISCAL IMPAC T There are no fiscal impacts associated with the roll call vote, mail handling and confidentialit y policies . These policies can be modified and carried out as directed by the City Council withou t additional costs . The ongoing annual cost associated with a third regular City Council meeting each month is $13,500, as follows : Broadcast and KCBX support $7,000 Legal Ads $1,50 0 Display Ads $2,50 0 Agenda Packages $2,50 0 Total $13,500 B1-4 This additional funding requirement for a third City Council meeting per month will be brought forward for incorporation into the Administration Department budget during the City Council's review of the 2012-13 Budget Supplement . There are minimal staffing costs associated with staf f attending a third Council meeting per month because most employees that attend City Counci l meetings are management employees that do not receive overtime . However, hourly employe e attendance at additional meetings required by certain items will drive some overtime costs .Th e additional staff time of reviewing, preparing and posting a third agenda packet a month i s difficult to estimate in financial terms, but there is added staff time that is being dedicated to thi s effort, particularly in the City Clerk's Office and the City Attorney's Office . ALTERNATIVE S Roll Call Vote 1.Retain the current policy .This alternative leaves the decision to request a roll call vot e to the discretion of the Mayor . 2.Use another framework (like the Board of Supervisors) to use the roll call vote .The Board of Supervisors and some other regional agencies use a roll call vote under certai n circumstances such as when a contract is involved . The Council could decide to use another framework to use the roll call vote . Mail Handling Polic y 1 . Treat mail marked "Confidential" or "Private" the same as other mail .This alternative reflects the original staff recommendation . The benefit of this alternative i s that it leaves no room for misunderstanding that public documents cannot be kept confidential and it maintains a unified process for the handling of all paper mail . Allow Councilmembers to provide individual direction as to how mail is handled . This alternative is not recommended because administration of the mail handling polic y by staff will be most effective if done in a consistent manner for all Council Members . Inconsistency creates an increased likelihood of mistakes and may compromis e adherence to the Public Records Act . Confidentiality Polic y 1.Do not adopt a policy .This alternative is not recommended because the City Attorne y believes that the Council Policies and Procedures is a helpful resource in educating new council members regarding rules and expectations around handling of confidentia l information. 2.Provide direction to staff to modify the policy .If Council desires more or les s information to be included in the confidentiality policy, additional direction can b e provided and a revised policy returned for Council consideration at a later date . B1-5 ATTACHMENT S 1.Council Policies and Procedures Section 1 .3 .6 Legislative Draft . 2.Council Mail Handling Policy . 3.Ordinance 1573 (2012 Series). 4.Proposed Chapter 7, Confidentiality Policy . 1 .3 .6 VOTING PROCEDURE S 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 withou t 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 complianc e 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 motio n maker to restate the motion if required for Council or public clarification . 1 .3 .6 .6 A roll call (voice)vote may shall be taken at the discretion ofthe Presiding Officer for each Council action and include the following practice : the Mayor wil l give clear instructions : "Those in favor of the adoption of the motion will, astheir names are called, answer yes ; those opposed will answer no ." The City Clerk wil l call the roll . The City Clerk will call fortherollcall 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, unles s legally required . 1 .3 .6 .7 A general consent vote may be taken at the discretion of the Presiding Officer, i f 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 o n any vote . (Charter 505) 1 .3 .6 .9 The ayes and noes shall be taken upon the passage of all ordinances and resolution s and entered upon the journal of the proceedings of the Council . (Charter 505 ) 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 majorit y 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 audienc e or may direct a member of the staff to do so . B1-7 5 .5 COUNCIL MAIL HANDLING , All incoming mail addressed to the Mayor and Council Members, will be handled by th e City Clerk's staff in the following manner : 5 .5 .1 Both paper and electronic mail addressed to Council members and delivered to Cit y 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 se t forth in the City's Records Retention Policy and the California Public Records Act, unles s an express legal exemption or privilege applies . Council members shall consult with th e City Attorney prior to withholding or destroying any document or correspondence receive d 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 Cit y Information Technology policies . 5 .5 .2 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 b e logged in by City Clerk's staff in a manner that records the date of receipt, method o f 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 shal l be retrieved by City Clerk's staff and handled in accordance with Section 5 .5 .3 . 5 .5 .2 .2 Once opened and reviewed by the Council member, any correspondenc e that reflects any comment, complaint, inquiry, or request that is or may be related t o any matter of City business shall, within 2 business days, make such copies as the Council member deems appropriate and deliver the original document to the Cit y 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 . All paper mail sent to Council (either as a group or to each Council Member) wil l be opened, date stamped and the envelope will be stapled to the back of th e correspondence . Copies of each correspondence will be scanned and distributed t o 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 . 5 .5 .3 .1 Any public correspondence received on behalf of Council that require s 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 th e written response is prepared by the appropriate department (normally within two weeks) it will be sent to the person who initiate d correspondence with the City Council, and all Council Members wil l 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 i s appropriate for e-mail received, and a written response is appropriate fo r letters received in the mail). B1-8 5 .5 .3 .2 Any public correspondence received on behalf of Council that is relate d to a current agenda item will be handled via the Agenda Correspondenc e procedure as stated in Section 1 .3 .7 . ORDINANCE NO . 1573 (2012 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISP O AMENDING SAN LUIS OBISPO MUNICIPAL CODE CHAPTER 2 .0 4 (COUNCIL MEETING) TO MODIFY REGULAR MEETING DATE S WHEREAS,at a special meeting of the City Council held on October 25, 2011, th e Council reviewed its Council Policies and Procedures and provided direction to revise certai n provisions of that manual ; an d WHEREAS,Council desires to change its regular meeting dates from the first and thir d Tuesday of the month to the first three Tuesdays of the month ; and WHEREAS,San Luis Obispo Charter Section 502 requires that the Council shal l provide by ordinance for the time and place of holding its meetings . NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Lui s Obispo as follows : SECTION I .Section 2 .04 .010 of Chapter 2 .04 (COUNCIL MEETINGS) of the Sa n Luis Obispo Municipal Code is hereby amended to read as follows : 2 .04 .0 .1.0 Time ---- Place . The regular meetings of the council shall be held at the City Hall, 990 Palm Street, in th e city, on the first three Tuesdays of each month at the hour of seven p .m . (7 :00 p .m .). In the event that a regular meeting of the council falls on a legal holiday, then the regula r meeting shall be held at the same place and time on the next succeeding working day . (Prior code § 2100 ) SECTION 2 .Ordinance Number 677 (1976 Series) is hereby rescinded and supersede d to the extent inconsistent herewith . SECTION 3 .A summary of this ordinance, together with the names of Counci l members voting for and against, shall be published at least five (5) days prior to its final passage , in The Tribune, a newspaper published and circulated in this City . This ordinance shall go int o effect at the expiration of thirty (30) days after its final passage . O 157 3 B1=10 Ordinance No . 1573 (2012 Series) Page 2 INTRODUCED on the 3rd day of January 2012, AND FINALLY ADOPTED by th e Council of the City of San Luis Obispo on the 17th day of January 2012, on the following vote : AYES : Council Members Ashbaugh and Carter, and Vice Mayor Carpente r NOES : Council Member Smith and Mayor Mar x ABSENT : Non e ATTEST : City Clerk i hereby certify that this document is a mi eandaccurateOrinlofOrdinanceNo./73 , Intl that the ordinance was published purattt3t1ttoCharter Section Dat e Elaina Cano CHAPTER SEVE N COUNCIL CONFIDENTIALITY POLIC Y 7 .1 PURPOSE AND PROHIBITION AGAINST DISCLOSUR E 7 .1 .1 PURPOSE AND INTEN T In order to keep the City Council fully informed about pertinent legal issues that ma y impact the City Council's decision-making, the City Attorney and other attorney s retained to represent the City issue confidential legal opinions and/or conducts close d sessions when authorized to do so by the Brown Act . Unauthorized disclosures o f confidential information obtained from such confidential communications harm the Cit y by compromising the City's negotiating positions, diminishing City staffs willingness t o communicate fully and frankly with the City Attorney, and exposing the City t o unwarranted litigation risks and significant damages awards against the City . It is th e intent of the Council that the City's confidential information shall be maintaine d inviolate and that unauthorized disclosures of such information be deterred and/o r censured . 7 .1 .2 PROHIBITION AGAINST DISCLOSUR E No person in receipt of Confidential Information, as defined herein, shall disclose o r cause to be disclosed all or part of any confidential information to any unauthorize d person . 7.2 PUBLIC CENSURE FOR UNAUTHORIZED DISCLOSUR E Any Councilmember disclosing or causing to be disclosed confidential information to an y 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 an d shall, at a minimum, ensure that no public censure will occur unless the accused Councilmembe r has been provided with notice of the accusation of unauthorized disclosure, the facts supportin g such accusation, and an opportunity to be heard regarding the allegations . 7 .3 DEFINITION S For purposes of this policy, the following words and phrases shall be defined as follows : 7 .3 .1 . CAUSE TO BE DISCLOSE D Failure to exercise due care in maintaining the confidentiality of the Confidentia l Information, whether verbal or written . 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 (See Gov't . Code Sec . 54963); o r 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 b y 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 disclose d under the law . 7 .3 .3 UNAUTHORIZED PERSO N 7 .3 .3 .1 With respect to confidential information communicated during a close d session, any person, other than a Councilmember, not in attendance at th e closed session; or 7 .3 .3 .2 Any person to whom the oral or written confidential information is no t directed or addressed ; or 7 .3 .3 .3 Any person who has a disqualifying conflict of interest in the subjec t matter of the confidential information . 7 .3 .3 .4 Unauthorized person does not include Charter Officers and Departmen t Heads and the staff of Charter Officers and Department Heads, only whe n such persons have a need to know the confidential information in order t o discharge the duties of their positions for the benefit of the City . B1-13 RESOLUTION NO . xxxx (2012 Series ) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O AMENDING ITS COUNCIL POLICIES AND PROCEDURES MANUA L 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 Cit y Council and in compliance with State law and the City's Charter and Ordinances ; and WHEREAS, the Council periodically revises its Council Policies and Procedure s Manual to ensure clarity, consistency with state law, and conformity with the City Charter an d Ordinances . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s Obispo : SECTION 1 . Section 1 .3 .6 .6 of the Council Policies and Procedures Manual is amende d to read as follows : 1 .3 .6 .6 A roll call (voice) vote shall be taken for each Council action and include the followin g practice : the Mayor direct "Those in favor of the adoption of the motion will, as their name s are called, answer yes ; those opposed, will answer no ; 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 membe r who is recused or has abstained, which abstention will be counted as a vote with th e majority, unless legally required . The consent agenda will be considered a single action for purposes of the roll call vote . SECTION 2 . Section 5 .5 –Mail Handling Policy- shall be added to the Council Policies and Procedures Manual, to read as follows : 5 .5 COUNCIL MAIL HANDLIN G All incoming mail addressed to the Mayor and Council Members, will be handled by the Cit y Clerk's staff in the following manner : 5 .5 .1 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,i s presumed to be a public record, subject to retention and disclosure requirements as set forth i n the City's Records Retention Policy and the California Public Records Act, unless an expres s legal exemption or privilege applies . Council members shall consult with the City Attorney prio r to withholding or destroying any document or correspondence received in connection with thei r service for the City, except as specified herein . Electronic mail is additionally subject to th e 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. B1-14 5 .5 .2 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 b y City Clerk's staff in a manner that records the date of receipt, method of delivery, sender (i f reflected on the face of envelope or package received), and recipient . The original will then b e placed in the addressee's City mailbox unopened . If mail has not been retrieved from th e 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 .2 Once opened and reviewed by the Council member, any correspondence that reflect s any comment, complaint, inquiry, or request that is or may be related to any matter of Cit y business shall, within 2 business days, make such copies as the Council member deem s appropriate and deliver the original document to the City Clerk for handling in accordance wit h Section 5 .5 .3 . Personal notes (e .g . birthday or holiday cards) that do not implicate City busines s need not be provided to staff or retained pursuant to Section 5 .5 .3 . 5 .5 .3 . All paper mail sent to Council (either as a group or to each Council Member) will b e opened, date stamped and the envelope will be stapled to the back of the correspondence . Copie s of each correspondence will be scanned and distributed to Council via an email as soon a s possible . The original will be filed in the City Clerk's office consistent with the City's documen t retention policy . 5 .5 .3 .1 Any public correspondence received on behalf of Council that requires staff to follow u p 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 (normall y within two weeks) it will be sent to the person who initiated correspondence with the Cit y 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 receive d (e .g . an e-mail response is appropriate for e-mail received, and a written response is appropriat e for letters received in the mail). 5 .5 .3 .2 Any public correspondence received on behalf of Council that is related to a curren t agenda item will be handled via the Agenda Correspondence procedure as stated in Sectio n 1 .3 .7. SECTION 3. Chapter Seven – Council Confidentiality Policy – is hereby added to th e Council Policies and Procedures Manual to read as follows : // // // B1-15 CHAPTER SEVE N COUNCIL CONFIDENTIALITY POLIC Y 7 .1 PURPOSEANDPROHIBITIONAGAINSTDISCLOSURE 7.1 .1 PURPOSE AND INTEN T In order to keep the City Council fully informed about pertinent legal issues that ma y impact the City Council's decision-making, the City Attorney and other attorney s retained to represent the City issue confidential legal opinions and/or conducts close d sessions when authorized to do so by the Brown Act . Unauthorized disclosures of confidential information obtained from such confidential communications harm the Cit y by compromising the City's negotiating positions, diminishing City staffs willingness t o communicate fully and frankly with the City Attorney, and exposing the City t o unwarranted litigation risks and significant damages awards against the City . It is th e intent of the Council that the City's confidential information shall be maintaine d inviolate and that unauthorized disclosures of such information be deterred and/o r censured . 7 .1 .2 PROHIBITION AGAINST DISCLOSUR E 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 unauthorize d person . 7 .2 PUBLIC CENSURE FOR UNAUTHORIZED DISCLOSUR E Any Councilmember disclosing or causing to be disclosed confidential information to an y 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 an d shall, at a minimum, ensure that no public censure will occur unless the accused Councilmembe r has been provided with notice of the accusation of unauthorized disclosure, the facts supportin g such accusation, and an opportunity to be heard regarding the allegations . 7 .3 DEFINITION S For purposes of this policy, the following words and phrases shall be defined as follow s 7.3 .1 .CAUSE TO BE DISCLOSE D Failure to exercise due care in maintaining the confidentiality of the Confidentia l Information, whether verbal or written . 73 .2 CONFIDENTIAL INFORMATION 7 .3 .2 .1 Any information within the scope of a duly authorized closed session , whether provided orally or in writing (See Gov't . Code Sec . 54963); or B1-16 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 lega l interests containing the attorney's legal opinions, advice, thoughts, menta l 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 majorit y vote of the City Council ; or otherwise authorized to be disclosed under the law . 73 .3 UNAUTHORIZED PERSO N 7 .3 .3 .1 With respect to confidential information communicated during a close d session, any person, other than a Councilmember, not in attendance at the close d session ; o r 7 .3 .3 .2 Any person to whom the oral or written confidential information is no t directed or addressed ; or 7 .3 .3 .3 Any person who has a disqualifying conflict of interest in the subjec t matter of the confidential information . 7 .3 .3 .4 Unauthorized person does not include Charter Officers and Departmen t Heads and the staff of Charter Officers and Department Heads,when such persons have a need to know the confidential information in order t o discharge the duties of their positions for the benefit of the City . SECTION 4 .Staff is directed to review the Council Policies and Procedures Manual fo r typographical and clerical errors and to correct any such errors prior to final publication . SECTION 5 . A copy of the Council Policies and Procedures Manual shall b e maintained on file in the Office of the City Clerk, shall be distributed to all Council Member s and Department Heads, and shall be available to the public online and during reasonabl e business hours . Upon motion of , seconded by and on the following roll call vote : AYES : NOES : ABSENT : The foregoing resolution was adopted this day of May 2012 . Mayor Jan Mar x ATTEST : Sheryll Schroede r Interim City Cler k APPROVED AS TO FORM : /S/J .Christine Dietrick J . Christine Dietric k City Attorney B1-18