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HomeMy WebLinkAboutItem 7b - Amendment to CP&P Chapter 5 and Chapter 7 Item 7b Department: Administration Cost Center: 1021 For Agenda of: 9/15/2026 Placement: Public Hearing Estimated Time: 30 Minutes FROM: Greg Hermann, Deputy City Manager Prepared By: Teresa Purrington, City Clerk SUBJECT: AMENDMENT TO COUNCIL’S POLICIES AND PROCEDURES CHAPTER 5 – COUNCIL/STAFF RELATIONSHIP AND CHAPTER 7 - CONFIDENTIALITY RECOMMENDATION Adopt a draft Resolution approving amendments to the Council Policies and Procedures Chapter 5 Council/Staff Relationship and Chapter 7 – Confidentiality. (Attachment A) POLICY CONTEXT City Council has adopted a manual entitled “Council Policies and Procedures” 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. DISCUSSION Background At the August 18, 2026 City Council meeting, the Council directed staff to return with proposed amendments to Chapter 7 – Confidentiality of the Council Policies and Procedures Manual. Council requested additional clarity in defining confidential information and identifying the types of communications and materials subject to confidentiality requirements. The proposed amendments are intended to strengthen this section of the manual, and provide more explicit direction to Council Members regarding confidential materials. Staff conducted a review of Chapter 7 of the Policies and Procedures Manual and recommends revisions to Section 7.3.1 (Confidential Information) to clarify the scope and applicability of confidential communications. The proposed amendment further defines categories of confidential information to include information that is marked as confidential pursuant to applicable statutory authority. Further, staff recommends amending Section 5.1 – Guidelines for Staff to incorporate Section 5.3.4.1, which provides procedural direction regarding the handling of Grand Jury Page 139 of 145 Item 7b reports. This amendment is intended to clarify expectations for elected officials and ensures consistency with legal requirements. Staff recommend adding Section 5.3.4.1 to Chapter 5 and Section 7.3.2.3 to Chapter 7 as follows: 5.1 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. 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 d irection 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 are 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 are directed to reject any recommendations or 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 of Joint Powers Authority), or relative to a special assignment (e.g., a special task force). Page 140 of 145 Item 7b 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. 5.3.4.1 In the case of a Grand Jury report received by an elected official prior to the public release, the elected official shall discuss with the City Manager and/or City Attorney before distributing further. 7.3.1 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 Information marked as “Confidential” pursuant to relevant statutory authority received by virtue of your position with the City. 7.3.2.4 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. Public Engagement Public Comment can be provided to the City Council through written correspondence received prior to the meeting and through public comment at the meeting. CONCURRENCE The City Attorney’s Office concurs with the recommendations in this report. Page 141 of 145 Item 7b 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: No Budget Year: 2025-26 Funding Identified: Yes 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 are no fiscal impacts associated with this action. ALTERNATIVES 1. Council could make additional revisions to the Council’s Policies and Procedures Manual and adopt the revised language, or direct staff to make additional revisions and return with revised language. Direction to staff to return with revised language would delay adoption and implementation of the revised policies and procedures. 2. Council could take no action. This would leave possible ambiguity for the City Council and increase the risk of misunderstanding or improper disclosure of sensitive information. ATTACHMENTS A –Resolution amending Council Policies and Procedures Chapter 5 and Chapter 7 Page 142 of 145 R _____ RESOLUTION NO. _______ (2026 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING ESTABLISHED COUNCIL’S POLICIES AND PROCEDURES CHAPTER 5 - COUNCIL/STAFF RELATIONS AND CHAPTER 7 - CONFIDENTIALITY 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. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Council Policies and Procedures, Chapters 5 and 7, shall be amended as set forth below: 5.1 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 equa lly. 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 Page 143 of 145 Resolution No. ______ (2026 Series) Page 2 R ______ Staff are 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 are directed to reject any attempts by individual members of the Council to unduly influence o r 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 m ay 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 of 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 availa ble to the Council or of interest to the Council. 5.3.4.1 In the case of a Grand Jury report received by an elected official prior to the public release, the elected official shall discuss with the City Manager and/or City Attorney before distributing further. 7.3.1 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. Page 144 of 145 Resolution No. ______ (2026 Series) Page 3 R ______ 7.3.2.3 Information marked as “Confidential” pursuant to relevant statutory authority received by virtue of your position with the City. 7.3.2.4 Confidential Information does not include information that is: req uired 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. SECTION 2. Resolution Number 11645 (2026 Series) is hereby repealed and superseded to the extent inconsistent herewith. Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _______________ 202 6. __________________________ 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 145 of 145 1 Amendments to Council’s Policies and Procedures Chapter 5 –Council/Staff Relationship and Chapter 7 -Confidentiality September 15, 2026 2 Recommendation Adopt a draft Resolution approving amendments to the Council Policies and Procedures Chapter 5 - Council/Staff Relationship and Chapter 7 – Confidentiality 3 Amendment to Chapter 5 Add new subsection 5.3.4.2 to Chapter 5: 5.3.4.1 In the case of a Grand Jury report received by an elected official prior to the public release, the elected official shall discuss with the City Manager,City Attorney or a Grand Jury designee before distributing further. 4 Amendment to Chapter 7 Add new subsection 7.3.2 to Chapter 7: 7.3.2.3 Any oral or written Information marked designated as “Confidential” pursuant to relevant legal statutory authority received by virtue of your a Council Member’s position with the City. 5 Recommendation Adopt a draft Resolution approving amendments to the Council Policies and Procedures Chapter 5 - Council/Staff Relationship and Chapter 7 – Confidentiality