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).
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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.
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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