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HomeMy WebLinkAboutr10354amendingcouncilpoliciesandproceduresmanualRESOLUTION NO . 10354 (2012 Series ) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING ITS COUNCI L POLICIES AND PROCEDURES MANUA L WHEREAS,the City Council has adopted a certain manual entitled "Council Policie s 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 Luis 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 following practice : the Mayor direct "Those in favor of the adoption of the motion will, as their names ar e called, answer yes ; those opposed,will answer no ; the City Clerk will call the roll for the roll cal l 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 . SECTION 2 .Section 5 .5 –Mail Handling Policy- shall be added to the Council Policie s and Procedures Manual, to read as follows : 5 .5 COUNCIL MAILHANDLING 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 slegalexemption or privilege applies . Council members shall consult with the City Attorney prior 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 . R . 10354 Resolution No . 10354 (2012 Series ) Page 2 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 .1 Once opened and reviewed by the Council member, any correspondence tha t reflects any comment, complaint, inquiry, or request that is or may be related to an y matter of City business shall, within 2 business days, be copied as the Council membe r deems appropriate and the original document delivered to the City Clerk for handling i n accordance with Section 5 .5 .3 . Personal notes (e .g . birthday or holiday cards) that do no t implicate City business need not be provided to staff or retained pursuant to Sectio n 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 t o follow up with a response on an issue unrelated to a current agenda item will b e distributed to Council per Section 5 .5 .3 . Once the written response is prepared by th e appropriate department (normally within two weeks) it will be sent to the person wh o 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 limite d 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 respons e is appropriate for e-mail received, and a written response is appropriate for letter s 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 the Council Policies and Procedures Manual to read as follows : CHAPTER SEVE N COUNCIL CONFIDENTIALITY POLIC Y 7.1 PURPOSE AND PROHIBITION AGAINST DISCLOSURE Resolution No . 10354 (2012 Series ) Page 3 7 .1 .1 PURPOSE AND INTENT 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 the willingness of Cit y staff and other Council members to communicate fully and frankly with the Cit y Attorney, and exposing the City to unwarranted litigation risks and significant damage s awards against the City . It is the intent of the Council that the City's confidentia l information shall be maintained inviolate and that unauthorized disclosures of suc h information be deterred and/or censured . 7.1 .2 PROHIBITION AGAINST DISCLOSURE 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 censur e 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 INFORMATIO N 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 membe r or Council member acting within the scope of the closed session (See Gov't . Code Sec . 54963); or Resolution No . 10354 (2012 Series ) Page 4 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 b y 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 . 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 the close d 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, when suc h persons have a need to know the confidential information in order to discharge th e 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 Council Member Carter, seconded by Council Member Smith, and o n the following vote : AYES : Council Members Carter and Smith, Vice Mayor Carpenter and Mayo r Mar x NOES : Council Member Ashbaug h ABSENT : None Resolution No . 10354 (2012 Series ) Page 5 The foregoing resolution was adopted this 8th day of May 2012 . ATTEST : S eryll Schroede r Interim City Clerk