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HomeMy WebLinkAbout102-Attachment A: Revised Commission Handbook.pdfCommission Handbook CIT Y o f S A RATO G A CALIF O R N I A1956 Office of the City Clerk 13777 Fruitvale Avenue • Saratoga, CA • 95070 Phone: (408) 868-1269 • Fax: (408) 867-8559 Email: ctclerk@saratoga.ca.us • Web: www.saratoga.ca.us Revised May 2009 CIT Y o f S ARATO G A CALIF O R N I A1956 City of s aratoga Commission Handbook table of Contents The City of Saratoga Welcomes You �����������������������������������������������������������������������������3 About Saratoga’s Commissions ������������������������������������������������������������������������������������4 Commission Administration �����������������������������������������������������������������������������������������6 Legal Issues Affecting Commissions �����������������������������������������������������������������������������9 Meetings and Procedures �������������������������������������������������������������������������������������������13 City of Saratoga Rules of Parliamentary Procedure �����������������������������������������������������16 Working Relationships ������������������������������������������������������������������������������������������������23 Government in Saratoga ��������������������������������������������������������������������������������������������25 Appendix ��������������������������������������������������������������������������������������������������������������������28 About Saratoga ����������������������������������������������������������������������������������������������29 City of Saratoga Vision Statement ������������������������������������������������������������������30 City Code on Commissions ������������������������������������������������������������������������������31 Oath of Office �������������������������������������������������������������������������������������������������39 City of Saratoga Conflict of Interest Code ��������������������������������������������������������40 City of Saratoga Code of Ethics and Values �����������������������������������������������������43 City of Saratoga Reimbursement Policy ����������������������������������������������������������46 CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 3 The City of Saratoga Welcomes You Congratulations on your recent appointment to one of Saratoga’s Commissions. Your appointment is an honor, reflecting the City Council’s confidence in your ability and judgment. The City Council and staff look forward to working with you and receiving the benefit of your insight and guidance. As a Commissioner you will serve in an advisory capacity to the City Council and will be helping to address community needs. In this role, you have the opportunity to share your vision and to help mold Saratoga’s future. This handbook has been prepared to provide information about the functions and responsibilities of a Commissioner. The handbook is designed to contribute to your general knowledge and understanding of public affairs and to aid in identifying the scope and parameters of your role as a Commissioner. City service provides an opportunity to gain a greater understanding of the issues facing municipal government and to become actively involved in resolving those concerns in a manner that reflects the best interests of the community. The City hopes that you will enjoy your tenure as a vital part of the City’s team and sincerely thanks you for your willingness to serve your community. CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 4 About Saratoga’s Commissions The City Council is assisted by six Commissions: the Heritage Preservation Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Traffic Safety Commission, and Youth Commission. Created by Council legislation, all of Saratoga’s Commissions were established to provide citizen input and advice in specific areas. The primary purpose of a Commission is to gather information, weigh public opinion, and carefully examine issues in order to make recommendations to the Council. The function of all the City’s Commissions, except for the Planning and Heritage Preservation Commissions, is to serve in an advisory capacity and the role of the Commissions is an essential component in the decision making process. Each Commission studies issues within its area of specialization, expands the opportunity for citizen input and participation, and ultimately provides valued recommendations to the Council. As advisory bodies, the Commissions are not authorized to set City policy. (Although the Planning and Heritage Preservation Commissions are authorized to make decisions on certain types of development applications, those decisions may be appealed to the City Council.) Most of the City’s Commissions are comprised of five or seven members. The Library and Parks and Recreation Commissions have five members. The Heritage Preservation Commission, Planning Commission, and Traffic Safety Commission have seven members. The Youth Commission has a total of sixteen members, who are Saratoga residents in school grades seven through twelve. Heritage Preservation Commission — The primary function of the Heritage Preservation Commission is to implement the City’s Heritage Preservation Ordinance by working with the Council, the Planning Commission, and City staff. The Commission is responsible for considering proposed modifications to designated historic landmarks, lanes and districts, advising the Community Development Department in connection with projects that may affect heritage resources, conducting property surveys to establish an official inventory of heritage resources within the City of Saratoga and for recommending proposals for historic landmarks, historic lanes, or historic district designations to the City Council. One member is nominated by the Saratoga Historical Foundation and two members must be trained and experienced in the field of construction and structural rehabilitation, such as a licensed architect, engineer, contractor or urban planner. All members of the Heritage Preservation Commission must attend at least one training class per year on the topic of historical preservation. Meetings are held the second Tuesday of the month at 8:30 a.m. at the Warner Hutton House located at 13777 Fruitvale Avenue, Saratoga. Library Commission — The Library Commission serves as an advisory body on library policies, budgets, plans, and procedures to the City Council, City staff, the Santa Clara County Library staff, and the Saratoga Library supervisor. The Library Commission has no administrative authority over the library’s operations, but does participate in the general planning of the library operation and library-related programs and policies. One member is nominated by the City of Monte Sereno. Page 5 Meetings are held in even numbered months (February, April, June, August, October, and December) on the fourth Wednesday of the month at 12:00 p.m. in the Saratoga Library Community Room, located at 13650 Saratoga Avenue, Saratoga. Meetings in June and December are typically rescheduled for dates earlier in the month. Parks and Recreation Commission — The Parks and Recreation Commission advises the Council on a variety of matters as they relate to parks and recreation. Principally, the Commission serves as a conduit between the public and the Council, assesses public input, collects information, and makes recommendations to the Saratoga City Council. Meetings are held on the second Tuesday of the month on odd-numbered months (January, March, May, July, September, and November) at 6:30 p.m. at Saratoga City Hall located at 13777 Fruitvale Avenue, Saratoga. Planning Commission — The Planning Commission works to maintain the unique character of Saratoga by ensuring that the physical development of the City is consistent with the environmental, social, and economic goals set forth in the City’s General Plan. The Planning Commission is also responsible for considering appeals of decisions made by the Community Development Department and acting on applications for use permits, design review, and other planning approvals. Meetings are held the second and fourth Wednesday of the month at 7:00 p.m. in the Civic Theater located at 13777 Fruitvale Avenue, Saratoga. Traffic Safety Commission — The Traffic Safety Commission investigates, reviews, and analyzes traffic safety issues raised by the residents and Public Safety Agencies. This Commission provides a venue for the public to express concerns regarding traffic safety issues. The Traffic Safety Commission makes recommendations to the City regarding traffic safety. Meetings are held the second Thursday of the month on odd-numbered months (January, March, May, July, September, and November) at 6:30 p.m. at Saratoga City Hall located at 13777 Fruitvale Avenue, Saratoga. Youth Commission — The Youth Commission works to enhance the well being of local youth, offer positive influences to teens, and provide opportunities for youth involvement in the community. Youth Commissioners serve as teen leaders, communicate with the City Council regarding current youth issues, plan, promote, and participate in community events, fundraisers, and social and educational activities. Meetings are held monthly on the second Tuesday, 7:00 p.m. at Saratoga City Hall located at 13777 Fruitvale Avenue, Saratoga. CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 6 Commission Administration This section of the handbook describes the process of being selected for and serving on a Commission and includes information on a range of issues that typically arise during the course of serving on a Commission. Eligibility — All applicants must be residents and registered voters in the City of Saratoga. However, there are two Commissions that have exceptions to the residency requirement. Two members of the Heritage Preservation Commission must be trained or have experience in the field of construction and structural rehabilitation, such as a licensed architect, engineer, contractor, or urban planner. Such members must either live or have a place of business in Saratoga. The second exception to the residency requirement is the Library Commission, which has one member appointed by the Monte Sereno City Council. Additionally, Youth Commissioners are not required to be registered voters. Elected officials and City employees are not eligible to apply. Membership on City Commissions is limited to service on one Commission at any one time. All applicants must attend at least one Commission meeting prior to the interview process. Application and Selection Process — When a vacancy occurs on a Commission, a notice will be posted in the local newspaper and on the City’s website to solicit applications. Applicants are required to complete the application and supplemental questionnaire, and submit it to the City Clerk’s Office by the deadline. A separate application is required for each Commission to which the applicant wishes to apply. Applications are maintained by the City Clerk’s Office in an active status for one year, after which time they become inactive and a new application must be submitted. The City Council interviews Commission applicants as part of a City Council meeting. Interviews are typically held at City Hall in the administrative conference room in the late afternoon prior to the 7:00 p.m. Council Meeting. Following the interviews, the Mayor will notify the applicants of the results. Terms and Limits — Commissioner terms are for four years except for members of the Youth Commission. (Members of the Youth Commission are appointed to two-year terms.) No Commissioner may serve more than two full consecutive terms on a single Commission. A Commissioner who has served two full consecutive terms on a Commission may not be reappointed to that Commission for at least one year following the expiration of his or her term. A partial term served, as a result of an appointment to fill a vacancy or realign term staggering, is not a full term. For each Commission, the terms of the Commissioners are staggered such that each year the four-year terms of approximately an equal number of the Commissioners will expire. For example, a seven-member Commission would have two terms ending each year and one term ending on the fourth year. The Youth Commission does not have term limits. The City Clerk notifies Commissioners when they approach the end of their term. For those interested in and eligible for reappointment, an updated application is required. Oath of Office — Commissioners are required to take an Oath of Office prior to assuming their appointment. A copy of the Oath is located in the Appendix to this handbook. New Commissioners are usually scheduled to take the Oath of Office at the beginning of a City Council Meeting, which are held on the first and third Wednesday of the month at 7:00 p.m. Page 7 Assuming Office Statement — All Commissioners must file the Fair Political Practices Commission’s (FPPC) Form 700 Statement of Economic Interests within 30 days of taking the oath of office. The form is available from the City Clerk and is discussed in the section on Legal Issues later in this Handbook. Saratoga Code of Ethics and Values — The City Council has adopted a Code of Ethics and Values stating that the proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to the people they serve. The Code of Ethics and Values promotes and maintains the highest standards of personal and professional conduct in the City’s government. All elected and appointed officials, City employees, volunteers, and others who participate in the city’s government are required to subscribe to this Code, understand how it applies to their specific responsibilities, and practice its nine core values in their work. The Code applies to all Commissioners. A copy of the Code of Ethics and Values is included as appendix Attending Meetings — Each Commissioner must regularly attend meetings of the Commission of which he or she is a member. If a Commissioner is absent without permission for three consecutive regular Commission meetings, the Commissioner’s position becomes vacant and is filled as any other vacancy. Commissioners should work closely with the Chair of the Commission to be sure the Chair is aware of any necessary absences well in advance. Resignation — Members wishing to resign from their Commission prior to the expiration of their term should submit a brief letter to the City stating their intention and the effective date of the resignation. The letter should be addressed to the Mayor and Councilmembers in care of the City Clerk. Removal — All Commissioners serve at the pleasure of the City Council. The City Council may remove any Commissioner from office prior to the expiration of the Commissioner’s term by a majority vote. Use of Title or City Resources for Non-City Business — Like all City officials, Commissioners may not use their official title or City equipment for non-City business. Participation in Political Activities — Acceptance of an appointment to a Commission does not generally restrict individual citizen participation in political activities of the individual’s choosing at any level of government, be it local, state, or federal. Commission members may not, however, use their appointed office, title, or City resources in the conduct of such activity. State law provides that City Councilmembers, Commissioners, and employees may not: Use their office, authority or influence to obtain a change in position or compensation in exchange for ― a particular vote or political action by the official or employee. This includes urging or discouraging an individual employee to engage in specific action. (Government Code section 3204) Directly or indirectly solicit political funds or contributions from other officers or employees of the local ― agency unless the communication is made to a significant segment of the public which may include officers and employees of the local agency. (Government Code section 3205) Directly or indirectly offer to increase the compensation or salary of another in exchange for a contribution ― or loan to any committee controlled directly or indirectly by the person who holds or is seeking election to an office. (Government Code section 3205.5) Participate in political activities of any kind while in uniform. (Government Code section 3206) ― Expression of Opinions by Commissioners — When a Commission member addresses the City Council, another Commission, or the public, the Commissioner should make it clear whether he or she is speaking on behalf of the Commission or as an individual citizen. Page 8 Individual members of Commissions may not represent that their personal opinions or recommendations are those of the Commission unless the Commission has voted to approve such views and authorized the individual to speak on the Commission’s behalf. Commissioners expressing views not formally approved by the majority of a Commission should clearly state that their opinions are being expressed as a “private citizen.” In addition, when a Commissioner makes a public statement on behalf of his or her Commission it should not include promises that may be construed to be binding on the City. Because Commissions are advisory to the City Council, when making a public statement, members should indicate that Commission actions are recommendations only and that final action will be taken by the City Council. (This does not apply to matters that the Heritage Preservation Commission and Planning Commission are authorized to decide without further action by the City Council.) Compensation — Commissioners do not receive compensation or benefits of any kind, except for Planning Commissioners who receive a stipend of $150.00 per month. Commission Budget — All operational expenses and any revenues of Commissions must be approved in advance by the City Council. Appropriations and revenue sources for the City Council and other City programs, including Commissions, are shown in the City’s budget. Reimbursement — Actual and necessary expenditures incurred by Commissioners while engaged on official Commission business authorized by the City budget may be reimbursed in accordance with the City’s policies on reimbursement of business expenses (copy included in Attachments), provided such expenditures have been previously approved by the director of the City Department responsible for staffing the Commission. CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 9 Legal Issues Affecting Commissions As a public agency, Saratoga is subject to a number of State laws designed to protect the public’s interest in open government and governmental integrity. This section of the Handbook describes some of the laws that apply to Commissions and Commissioners. More information can be found in the League of California Cities publication, A Local Official’s Reference on Ethics Laws. (Copies are available from the City Clerk.) ThE BrOWn ACT The Brown Act (California Government Code sections 54950-54963) requires that all meetings of the City Council, Boards, Commissions, and other legislative bodies be open and public, except under certain limited circumstances. The Brown Act was established to ensure government entities conduct business in a manner that is open to the public. The following are the general components of the Brown Act and are discussed as applicable to the City’s Commissions: Commission meetings must be noticed and open to the public. ― There generally may be no action or discussion by Commissioners on any item not appearing on the ― posted agenda. Commissioners may only briefly respond to statements made or questions posed about items not on the agenda; they may request that the topic be agendized for a future meeting. The definition of “meeting” includes any action among a majority of the Commission members to hear, ― discuss, or deliberate upon an item that is within the subject matter jurisdiction of the Commission. The Brown Act specifically prohibits the use of any series of communications of any kind (e.g., telephone, fax or e-mail) directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the Commission’s subject matter jurisdiction. A Commission majority may attend the following gatherings without following the notice and other rules ― pertaining to regular meetings (provided City business is not discussed): (1) meetings or conferences on general issues that are not City specific; (2) meetings organized by others to address topic(s) of local community concern; and (3) social or ceremonial functions. A meeting under the Brown Act includes deliberations and even general discussion, in addition to ― meetings where action is taken. Regular and Special Meeting agendas must include opportunities for public input. A public comment ― period is allowed at the beginning portion of the meeting when members of the public may speak to any relevant topic, regardless of whether that issue is on the agenda for that meeting. Again, Commissioners may only briefly respond to statements made or questions posed about items not on the agenda, and then request that the topic be agendized for a future meeting. The public is also allowed to speak to each item on the agenda as it is being discussed in the meeting. Public testimony in both portions of the meeting is limited, typically to three minutes. Although the City encourages individuals testifying before City Commissions and the City Council to ― identify themselves to facilitate staff follow-up where needed, the Brown Act makes clear that the City may not require that disclosure or require any other information. Page 10 Any person attending an open and public meeting of a Commission has the right to record the proceedings ― with an audio or video tape recorder or a still or motion picture camera unless it constitutes a persistent disruption of the proceedings. The Commission may not prohibit public criticism of the policies, procedures, programs, or services of ― the Commission or of the acts or omissions of the Commission. A Commission meeting may not be conducted in a facility inaccessible to handicapped individuals. ― Commission members subject to the provisions of the Brown Act are in violation of the law, and subject ― to criminal penalties, if they knowingly discuss or take action at a meeting held in violation of the Act. In addition to the above provisions, the Brown Act includes rules for proper noticing of various types of public meetings, regulations relating to the conduct of closed sessions, and penalties for the conduct of an unlawful meeting. The Brown Act is complex. Questions concerning the Act should be directed to the staff person assigned to the Commission. Additional information is also available at http://ag.ca.gov/open_meetings/. tHe PubliC reCords aCt The purpose of the Public Records Act is “to promote access to information concerning the conduct of the people’s business [which is] a fundamental and necessary right of every person in this state.” Public records subject to disclosure are defined to include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” All records pertaining to the Commission’s business are public records. This includes agendas, minutes, staff reports, e-mails and other letters to or from Commissioners on issues within the jurisdiction of the Commission, and reports from City consultants that are distributed to the Commission. The details of the Public Records Act are described in the City’s Public Records Act Handbook. Commissioners should be aware that all their correspondence concerning Commission business is a matter of public record. Additional information about the Public Records Act is available at http://ag.ca.gov/consumers/general/pra. php. PolitiCal reform aCt and ConfliCts of interest The Political Reform Act was enacted by the people of the State of California by an initiative, known as Proposition 9, in 1974. One of the Act’s main purposes is to prevent financial conflicts of interest on the part of public officials. Commission members are subject to the conflict of interest provisions of the law, which are designed to protect the public from biased decisions. As required by the Political Reform Act, the City has adopted its own Conflict of Interest Code describing the nature of interests that may create a conflict. A copy is located in the Appendix. There are a number of other laws governing conflicts of interest that are not discussed in this Handbook. More information is available in City ethics training and in the League of Cities publication “A Local Official’s Reference on Ethics Laws.” The Political Reform Act requires every public official to disclose all financial interests, such as investments, interests in real estate (real property), or sources of income, which may possibly affect the official’s judgment. Disclosure is made on a form called a “Statement of Economic Interests”. Statements of Economic Interests are Page 11 public records. Any member of the public must be permitted to inspect and copy any statement during normal business hours. If a public official has a conflict of interest, the Political Reform Act may require the official to disqualify himself or herself from making or participating in a governmental decision, or using his or her official position to influence a governmental decision. In general, the Political Reform Act provides that a conflict of interest exists where: An official makes, participates in, or uses his or her official position to influence governmental ― decisions; It is foreseeable that the decision will affect the official’s financial interest; ― The effect of the decisions on the official’s financial interest will be material; and ― The effect of the decision on the official’s financial interest will be distinguishable from its effect on the ― public generally. This is a summary of a more complicated set of rules. For more information, see the website of the Fair Political Practices Commission at www.fppc.ca.gov. A conflict of interest may exists under other rules as well. Commissioners are encouraged to consult with the City Clerk whenever they believe they may have a conflict. If a Commission member has a conflict of interest, the Commissioner must not make or participate in making, or in any way attempt to use their official position to influence, a governmental decision relating to the matter in which the Commissioner, or a member of the Commissioner’s immediate family, possess a financial interest. The safest way to address a conflict of interest that arises in a public meeting is for the Commissioner to ― state the basis for the conflict of interest immediately after the Chair announces the item for consideration. The member must then refrain from participating in the deliberations, abstain from voting, and leave the room in which the meeting is being held. The minutes will reflect the Commissioner’s stated conflict and non-participation. ― Commissioners and other public officials are barred from attempting to influence government decisions ― in which they have conflict outside of public meetings as well. For example, a Commissioner with a conflict of interest may not discuss the matter creating the conflict with a member of the City staff, other Commissioners, or the City Council. Penalties for violating the conflict of interest laws are serious and may include fines and a prohibition ― against serving in public office. Questions regarding a potential conflict of interest should be directed to the City Clerk. The Fair Political Practice Commission’s website at www.fppc.ca.gov and the hotline number 1-866-ASK-FPPC (1-866-275-3772) are additional sources of information. Who Must File Statements of Economic Interests under the Political Reform Act? The Governor, members of the legislature, elected state and local officials, judges, courts of record, and ― all high-ranking state and local officials must file Statements of Economic Interests or Form 700. Members of Commissions, committees, and consultants to state and local government agencies may ― also be required to file Statements of Economic Interests. All members of Saratoga’s City Commissions, except the Youth Commission, are required to complete a statement of economic interests. Each Commissioner must return a completed statement of economic interest to the City Clerk at the following times: Page 12 Assuming office statements must be filed within 30 days after assuming office. ― Annual statements must be filed no later than 5:00 p.m. on April 1 of each year. Such statements shall ― cover the period of the preceding calendar year. Leaving office statements must be filed within 30 days of leaving office. ― A penalty of $10 per day, up to a maximum of $100, may be imposed for late filings. ― CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 13 Meetings and Procedures tyPes of meetings Regular Meetings — Each Commission holds regularly scheduled meetings on days, times, and at places established by City Council resolution. All meetings are open to the public. Each regular meeting is noticed by posting an agenda that includes a general description of each item to be discussed. The agenda must be posted at least 72 hours before a regular meeting. Special Meetings — A Commission may call a special meeting by providing notice 24 hours in advance of the meeting and informing media outlets which have requested notices of such meetings. The notice states the time, place, and business to be transacted at the meeting. No other business may be considered at the special meeting. Notice is required even if no action is taken. At every special meeting the Commission must provide the public with an opportunity to address the Commission on any item described in the notice before or during consideration of that item. The special meeting notice describes this right to comment. Adjourned Meetings — Regular and special meetings may be adjourned to a future date. If the subsequent meeting is conducted within five days of the original meeting, matters properly placed on the agenda for the original meeting may be considered at the subsequent meeting. If the subsequent meeting is more than five days from the original meeting, a new agenda must be prepared and posted. When a meeting is adjourned to a subsequent date, notice of the adjournment must be conspicuously posted within 24 hours on or near the door of the place where the meeting was held. meeting ProCedures Agenda — Commission meetings are governed by an agenda. The agenda for the meetings are prepared by the Chair and the staff person supporting the Commission. A Commissioner may request an item be placed on a future agenda by speaking to the Chair, the staff member assigned to the Commission, or by agreement of the Commission at a properly noticed meeting. Agendas are distributed to the Commissioners and posted at least 72 hours prior to the meeting. Commission members may only discuss or take action on items that are listed on that meeting’s agenda. If a topic is raised during the public comment period or during the meeting which is not on the agenda, a Commissioner may make only a brief response and may request that the item be placed on the agenda for a future meeting. Informational Packets — Informational packets typically contain the agenda for the upcoming meeting, supplemental materials describing the agenda items, and any communications to be presented at the meeting. This packet will be delivered to the members of the Commission and interested members of the public at least 72 hours prior to each meeting. Commissioners should review these packets prior to each meeting and contact staff with questions. Quorum — A majority of the members of the Commission constitutes a quorum for the conduct of business. When less than a quorum appears at a noticed meeting, the Commission must adjourn to a future date. If no members of the Commission appear at a noticed meeting, the City staff member may adjourn the meeting to a future date and provide notice to members of the Commission and to the media in accordance with the special meeting notice provisions. Page 14 Minutes — Minutes of all Commission meetings are prepared by City staff. Minutes are presented at a subsequent Commission meeting for approval by the Commissioners. Written minutes approved by the Commission constitute the official record of its actions. Additions and corrections to the minutes may be made only in public meetings, with the approval of a majority of the Commissioners, and not by the private request of individual members. Public Hearings — State Law requires that certain items of business be advertised for a formal Public Hearing before being considered by a public body. Additionally, a Public Hearing may be called by the City to maximize public input on a topic even if not legally required. The City Council and Planning Commission are the City bodies typically involved with Public Hearings. Public Hearings must be conducted in a fair and impartial manner, and the public must be given an opportunity to be heard. The Chair or Mayor may limit or extend the time each member of the public may testify; however, the time limitations must apply to all speakers, regardless of the position they represent. The general format for a Public Hearing is as follows: Staff provides an overview of the proposal and responds to any questions raised by the Commission1. Commissioners ask questions of staff and note any relevant facts not included in the staff report or other 2. written materials provided to the Commission The Chair opens the Public Hearing3. If the matter involves an applicant or appellant (or both), the applicant/appellant is allowed ten minutes 4. in which to present an opening statement Members of the public are each allowed three minutes in which to express their opinions5. The applicant/appellant is allowed five minutes to present a closing statement6. The Chair closes the Public Hearing7. Commissioners ask questions regarding matters raised during the course of the Public Hearing or in 8. written materials presented to the Commission Members deliberate on the item9. Members take action on the item10. Public Input — Members of the public have the right to express their views on any item included on a Commission agenda, even if there is no formal public hearing. In addition, members of the public may express their views on any item that is not listed on the agenda under the “Oral Communications” portion of the meeting agenda. A time limitation for each speaker, typically three minutes, may be imposed. While Commissioners or staff are permitted to respond to any questions or to seek clarification concerning a point raised, it is imperative to note that the Brown Act specifically prohibits any public body from discussing or taking action on an item that is not listed on the agenda. Therefore, if the Commission wishes to discuss the item, the topic should be agendized for a future meeting. Effective Meetings — Commission meetings are the time and place for discussion, deliberation, decision, and action. Each Commissioner has an obligation to prepare, discuss, evaluate, review, and select the best possible alternatives. The following guidelines lead to constructive meetings: Review the meeting agenda and informational packet prior to each meeting ― Prepare to handle sensitive matters in a positive way ― Stick to the agenda ― Page 15 Define issues and tasks clearly ― Observe the rules of order ― Encourage participation ― Discourage disruption ― Try to resolve differences ― Summarize progress from time to time ― Put items on the agenda and assign tasks to Commission members (if necessary) for the next meeting ― Role of the Chair — Each Commission elects a Chair to serve a twelve-month term. No person may serve as Chair of the same Commission for more than one full term in any four-year period. The Chair acts as the presiding officer at all meetings. In the absence of the Chair, the Vice Chair presides for that meeting. In the absence of both, the members elect a temporary presiding officer for that meeting until the Chair arrives. The following is a list of the Chair’s responsibilities: Call Meeting to order ― Call for the vote, restate all motions submitted for vote, and announces decision ― Decide questions of order (pursuant to the City of Saratoga’s Rules of Parliamentary Procedure) ― Declare opening and closing of public hearings ― Lead meeting and preserve order ― Execute documents that have been approved by the Commission ― Represent the Commission at meetings when authorized by a majority of the Commission ― Work with staff assigned to the Commission to create meeting agendas ― The Chair and staff should be in contact prior to each regularly scheduled meeting in order to review and discuss the agenda. In the event that a personality conflict arises between individual Commissioners, it is the Chair’s responsibility to try to mediate and resolve the problem. If the conflict cannot be resolved, the Chair should approach the Director of the City Department staffing the Commission to discuss possible strategies to address the issue. CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 16 City of Saratoga Rules of Parliamentary Procedure These rules of parliamentary procedure are based on Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century written by Dave Rosenberg and published by the League of California Cities in 2003. The procedures set forth in Rosenberg’s have been modified slightly to reflect custom, practice, and specific code requirements in Saratoga. While these rules have been drafted to conform to requirements of State law and the Saratoga City Code, in the event of a conflict between these procedures and those laws, the laws shall govern. Saratoga’s rules of parliamentary procedure are supported by the following four principles: rules should establish order.1. The first purpose of the rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. rules should be clear. Simple rules lead to wider understanding and participation. 2. Complex rules create two classes: those who understand and participate and those who do not fully understand and do not fully participate. rules should be user-friendly. 3. That is, the rules must be simple enough that citizens feel they have been able to participate in the process. rules should enforce the will of the majority while protecting the rights of the minority. 4. The ultimate purpose of the rules of procedure is to encourage discussion and to facilitate decision-making by the body. In a democracy, the majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself (but not dominate) and fully participate in the process. tHe CHairPerson sHould take a baCk seat during disCussions While all members of the governing body should know and understand the rules of parliamentary procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The chair should be well versed in those rules, because the chair, for all intents and purposes, makes the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the governing body itself. Because the chair conducts the meeting, it is common courtesy for the chair to take a less active role than other members of the body in debates and discussions. This does not mean that the chair should not participate in the debate or discussion. On the contrary, as a member of the body, the chair has full rights to participate in debates, discussions and decision-making. The chair should, however, strive to be the last to speak at the discussion and debate stage, and should not make or second a motion unless he or she is convinced that no other member of the body will do so. tHe basiC format for an agenda item disCussion All City Council and Commission meetings have a written, published agenda. The meeting is governed by the agenda and the agenda constitutes the agreed-upon road map for the meeting. Each agenda item should be handled by the chair in the following basic format. First, the chair should clearly announce the agenda item number and should clearly state what the subject is. The chair should then announce the format that will be followed. If any member of the Page 17 body has a conflict of interest, that member announces the conflict and need for recusal and leaves the dais at this time. Second, following that agenda format, the chair should invite the appropriate people to report on the item, including any recommendation they might have. The appropriate person may be the chair, a member of the governing body, a staff person, or a committee chair charged with providing information about the agenda item. Third, the chair should ask members of the body if they have any technical questions for clarification. At this point, members of the governing body may ask clarifying questions to the people who reported on the item, and they should be given time to respond. Fourth, the chair should invite public comments or, if appropriate at a formal public hearing, open the hearing. Speakers are typically limited to 3 minutes; shorter time limits may be imposed if numerous members of the public indicate a desire to speak to the subject. At the conclusion of the public comments, the chair should announce that public input has concluded (or that the public hearing, as the case may be, is closed). Fifth, the chair should invite members of the body to make remarks on the matter. This is an opportunity for members of the body to state their views on the subject before any formal motions are made. Sixth, the chair should invite a motion from the governing body members. The chair should announce the name of the member who makes the motion. Seventh, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member who seconds the motion. It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and a vote on the motion even when there is no second. This is a matter left to the discretion of the chair. Eighth, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: The chair can ask the maker of the motion to repeat it; ― The chair can repeat the motion; or ― The chair can ask the secretary or the clerk of the body to repeat the motion. ― ninth, the chair should now invite discussion of the motion by the members of the governing body. If there is no desired discussion or the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or a very brief discussion, the vote should proceed immediately, and there is no need to repeat the motion. If there has been substantial discussion, it is normally best to make sure everyone understands the motion by repeating it. Tenth, the chair takes a vote. Simply asking for the “ayes” and then the “nays” is normally sufficient. If members of the body do not vote, then they “abstain.” Unless specific laws or procedures provide otherwise, a simple majority determines whether the motion passes or is defeated. Page 18 Eleventh, the chair should announce the result of the vote and should announce what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days’ notice for all future meetings of this governing body.” motions in general Motions are the vehicles for decision making. It is usually best to have a motion before the governing body prior to discussing an agenda item, to help everyone focus on the motion before them. The chair usually initiates the motion by: Inviting the members to make a motion: “A motion at this time would be in order.” ― Suggesting a motion to the members, for example: “A motion would be in order that we give 10- ― days’ notice in the future for all our meetings.” Making the motion. ― As noted, the chair has every right as a member of the body to make a motion, but normally should do so only if he or she wishes a motion to be made but no other member seems willing to do so. tHe tHree basiC motions Three motions are the most common: The basic motion — The basic motion is the one that puts forward a decision for consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.” The motion to amend — If a member wants to change a basic motion that is under discussion, he or she would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion — If a member wants to completely do away with the basic motion under discussion and put a new motion before the governing body, he or she would “move a substitute motion.” A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.” Motions to amend and substitute motions are often confused. But they are quite different, and so is their effect, if passed. A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way. A substitute motion seeks to throw out the basic motion on the floor and substitute a new and different motion for it. The decision as to whether a motion is really a motion to amend or a substitute motion is left to the chair. So that if a member makes what that member calls a motion to amend, but the chair determines it is really a substitute motion, the chair’s designation governs. WhEn MulTiPlE MOTiOnS ArE BEFOrE ThE GOvErninG BOdy Up to three motions may be on the floor simultaneously. The chair may reject a fourth motion until the three that are on the floor have been resolved. Page 19 When two or three motions are on the floor (after motions and seconds) at the same time, the first vote should be on the last motion made. So, for example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee, to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows: First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passes, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be complete. No vote would be taken on the first or second motions. On the other hand, if the substitute motion (the third motion) failed, the chair would proceed to consideration of the second (now the last) motion on the floor, the motion to amend. If the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would now move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would now move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee) or, if amended, would be in its amended format (10-member committee). And the question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. to debate or not to debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): A motion to adjourn — This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. This motion requires a simple majority vote. A motion to recess — This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess, which may range from a few minutes to an hour. It requires a simple majority vote. A motion to fix the time to adjourn — This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote. Page 20 A motion to table — This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion may contain a specific time in which the item can come back to the body: “I move we table this item until our regular meeting in October.” Or the motion may contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. A motion to limit debate — The most common form of this motion is to say: “I move the previous question” or “I move the question” or “I call for the question”. When a member of the body makes such a motion, the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second to the motion, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note that a motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a two-thirds vote of the body. A similar action is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. MAjOriTy And SuPEr-MAjOriTy vOTES In a democracy, decisions are made with a simple majority vote. A tie vote means the motion fails. So in a five- member body, a vote of 3-2 passes the motion. A vote of 2-2 with one abstention means the motion fails. If one member is absent or recused and the vote is 2-2, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions occur when the body is taking an action that effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super-majority) to pass: Motion to limit debate — Whether a member says, “I move the previous question,” “I move the question,” “I call for the question” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass. Motion to close nominations — When choosing officers of the body, such as the chair, nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers, and it requires a two-thirds vote to pass. Motion to object to the consideration of a question — Normally, such a motion is unnecessary, because the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two- thirds vote to pass. Motion to suspend the rules — This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or for a particular agenda item. Page 21 tHe motion to reConsider There is a special and unique motion that requires a bit of explanation all by itself: the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to reconsider is made. The standards for reconsideration are set forth in the City Code. Courtesy and deCorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. And at the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focus on the item and the policy in question, not on the personalities of the members of the body. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too personal, too loud or too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is no. There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege — The proper interruption would be: “Point of privilege”. The chair would then ask the interrupter to “state your point”. Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear. Order — The proper interruption would be: “Point of order”. Again, the chair would ask the interrupter to “state your point”. Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal — If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded and after debate, it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day — This is simply another way of saying, “Let’s return to the agenda”. If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed. Withdraw a motion — During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Page 22 sPeCial notes about PubliC inPut The rules outlined here help make meetings very public-friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: rule One: Tell the public what the body will be doing. rule Two: Keep the public informed while the body is doing it. rule Three: When the body has acted, tell the public what the body did. Public input is essential to a healthy democracy, and community participation in public meetings is an important element of that input. The challenge for anyone chairing a public meeting is to accommodate public input in a timely and time-sensitive way, while maintaining steady progress through the agenda items. The rules presented here for conducting a meeting are offered as tools for effective leadership and as a means of developing sound public policy. CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 23 Working Relationships Working with Other Commission Members — Commissions achieve optimum participation when members strive to establish effective working relationships with each other by showing respect for each other’s viewpoints and allowing others to fully present their views. Supportive relationships with fellow Commission members, based upon mutual respect, are essential to a Commission’s success. Working with City Staff — City staff serve Commissions in an advisory capacity—much the same as the Commission serves the Council. Staff members are selected on the basis of their technical and professional abilities and are expected to provide Commissions with recommendations based upon their professional analysis of the situation, regardless of personal opinion or consideration of political consequence. It is not expected that every staff recommendation will be followed; however, because of staff’s technical expertise, full consideration should be given to their recommendation. Commissioners should be aware of staff’s responsibility to provide professional advice to the City Council. In instances where a staff member disagrees with a Commission recommendation, he or she is obligated to advise the City Council, through the City Manager, of his or her technical recommendation. The City Council values both the opinions of the Commission and the staff, since each has an important perspective—staff expresses opinions from a strictly technical viewpoint, while Commissions provide insight into the attitudes of the community. The staff assigned to a Commission also handle administrative duties such as preparing meeting agendas, staff reports, and meeting minutes. Staff members are not considered members of a Commission and have no power to vote in Commission matters. Because of their support position, staff does not respond to questions from the public at a meeting unless requested to do so by the Chair. Commission members may not direct staff to initiate programs, conduct major studies, or establish official policy without the approval of the City Council. Working with the City Council — The purpose of the City’s Commissions is to expand the opportunity for citizen input and participation, study issues, and make recommendations to the City Council. The Council possesses the ultimate political and legal responsibility for the conduct of local government and the overall welfare of the community. As a result, the City Council may not accept all of the recommendations made by a Commission. When Commission recommendations are not accepted, it does not imply a lack of confidence or disinterest in the Commission’s advice. Council members must weigh the guidance provided by Commissions and other advisory bodies against a broader scope of considerations in their decision making process. Although a Commission may disagree with the decision of the Council, the Commission should not act in any manner contrary to the established policy adopted by the Council. Working with the Public — Commissions, as well as individual Commission members, serve as liaisons between the City and the general public. Thus, each member functions as a communication link between the community and the City, explaining City programs and recommendations, as well as providing a channel for citizen expression. Commission meetings should be conducive to a productive exchange of ideas and perspectives. A non-threatening atmosphere should be prevalent, and steps should be taken to ensure that members of the public are free to express their views without fear of ridicule or belittlement by anyone with an opposing viewpoint. Page 24 Commission members should conduct themselves in a manner that demonstrates fairness and professionalism. Members should be considerate of all interests and value differences of opinion. Additionally, Commissioners should remain open-minded, objective, and make no judgment until all of the available evidence pertaining to an issue has been submitted. Members of the public are also expected to conform to an acceptable standard of conduct. Any person who willfully interrupts a public meeting or acts so as to render the orderly conduct of the meeting infeasible may be barred from further attendance at the meeting by the Commission or by the Chair. An individual so barred may not return for the remainder of the meeting unless permission is granted by a majority vote of the Commission. Effective Conflict Management — Public Hearings or citizen input meetings are sometimes difficult to manage. Participants are usually highly motivated and often nervous. There may be residents with strongly differing views. As a Commission member, it is important to guide the discussion so that all viewpoints are presented and not eliminated. The following suggestions should help manage conflict and confrontation effectively: Anticipate differences by learning about the topic beforehand, so you can concentrate on the meeting’s ― purpose Set the meeting rules fairly and early and make sure everyone abides by those rules without exception ― Explain the purpose of the meeting ― Ask that all speakers clearly identify themselves for the record (Although the speaker cannot be legally ― required to provide this information, it helps improve dialog at the meeting and facilitate follow-up by staff or Commissioners) Set an acceptable time limit for testimony (generally three minutes per speaker though this may be ― reduced by a vote of the Commission if there are a number of people wishing to speak on the matter) and maintain that time limit for all speakers Try not to overreact to inflammatory comments or expressions of frustration, instead try to redirect ― frustration into constructive discussion by asking questions, referring to the speaker by name, reinforcing areas where you agree, and seeking to bridge differences Avoid speaker-to-audience conversation—the purpose of meetings is to help make the Commission ― aware of considerations relating to an issue at hand, not to engage members of the public in conversation or debate Focus comments and questions during the public testimony period on gaining relevant information to ― make a decision on the issue Once testimony has ended, invite Commissioners to discuss their views ― CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 25 Government in Saratoga The City of Saratoga was incorporated on October 22, 1956 as a General Law City. General Law cities are organized and operated in accordance with provisions set forth in State law. (A Charter City, on the other hand, is governed by a local charter. The charter establishes the basis for city actions. About 80 percent of the cities in California are classified as General Law Cities.) Saratoga’s Management Philosophy — Since incorporation, the City of Saratoga has operated its municipal government on the philosophy of maintaining the lowest possible costs by contracting with other public agencies and private companies to provide many services, such as police protection, road maintenance, and landscaping. This practice of contracting has served to keep the city administration small. The first priority of the entire City organization, from elected officials to management and staff, is to make local government better able to serve the public consistent with the restrictions on City operations imposed by State law. Community goals and objectives are set in a participatory manner through open and honest communication at all levels. Once made, commitments are carried out in a professional and responsive way, ensuring democratic principles are followed. Elected Officials: City Council and Mayor — The City Council is the legislative body of the City, and it establishes City policy, adopts and monitors the annual operating and capital improvement budgets, makes appointments to various advisory committees and Commissions, and provides input on regional, state and federal matters affecting Saratoga. The City Council consists of five members who are elected at-large to four-year overlapping terms, with elections occurring in November of even numbered years. The Council selects one of its members to serve as Mayor for a one-year term. The Mayor acts as the primary spokesperson and official representative of the Council. Additionally, the Mayor is the presiding officer at Council Meetings and executes official City documents approved by the Council. The Mayor does not possess powers or authority in excess of other members of the Council; rather, the person serving as Mayor is recognized as the leader of the Council, or first among equals. Council-Manager Form of Government — The City of Saratoga operates under the Council-Manager form of government. This form of government was established around the principals of business and was intended to make local government more efficient and more economical. The Council-Manager form of government is commonly used throughout the U.S. and by over 90% of California cities. In this form of government, the Council serves as the decision making body of the City and develops policy that reflects public interests. The City Manager oversees implementation of Council policy and supervises City operations. City staff then carries out direction from the City Manager. City Manager — The City Manager’s Office oversees the general operations of the City. In addition to supporting the City Council and Commissions, the City Manager’s Office manages the contracts for law enforcement, legal services, libraries, and animal control. This office is also responsible for coordinating senior and volunteer services, intergovernmental relations, human relations, and emergency preparedness. The City Clerk operates from this office. Page 26 City Attorney — The City of Saratoga contracts with the firm of Shute, Mihaly & Weinberger LLP for legal services. The City Attorney’s office acts as legal advisor to the City Council, Commissions, and City staff. Specifically, the City Attorney’s duties include: Attending City Council meetings ― Preparing ordinances, resolutions, contracts, leases, and other legal documents ― Representing the City in legal proceedings ― Preparing legal opinions for the City ― Administrative Services — The Administrative Services Department manages the financial affairs of the City. The department oversees budget development and implementation; prepares financial reports; coordinates the annual audit; manages cash, investments, and long term debt; and administers payroll and accounts receivable. In addition, the department directs the computerized management information system. The Community Development Department — The Community Development Department advises the City Council, Planning Commission, Heritage Preservation Commission, and other City Departments regarding the physical development of the City including the day-to-day implementation of the City’s land use policies. The Community Development Department is a liaison with the community simplifying permitting, working to streamline the development review process, and providing communication between real estate professionals, developers, merchants, property owners, residents, and other members of the public. The department is also responsible for the administration of the local Community Development Block Grant program. The Community Development Department consists of the Planning, Building Inspection, and Code Enforcement Divisions. The Planning Division oversees all aspects of zoning administration, which includes preparing and updating the City’s General Plan, keeping the City’s zoning ordinances current and effective, reviewing development proposals for consistency with the City’s plans and ordinances, processing permit and development applications, and forwarding land use recommendations to the Planning Commission and City Council. The Building Inspection Division is responsible for issuing building permits and conducting construction inspections, while the Code Enforcement Division is responsible for enforcing the City Code and processing special business licenses and event permits. Public Works Department — The Public Works Department is responsible for overseeing street repair, traffic control, capital improvement project administration, parks and open space maintenance, flood control, and storm water management. The Engineering Division of the Department provides engineering advice and analysis for capital improvements, constructs public facilities, and manages traffic engineering and related contracts. The Department’s Maintenance Division repairs all City streets, parks, storm drains, medians, sidewalks, traffic control systems, and equipment. Recreation & Facilities Department — The Recreation & Facilities Department provides fun opportunities and experiences that enhance the quality of life for the residents of Saratoga. The Recreation Division organizes athletic activities such as a youth basketball league, adult softball and basketball programs, and health and fitness programs. The department also sponsors a youth theater program and an extensive children’s dance program. Teen events, over 70 summer camps, senior citizen trips, special holiday programs, and approximately 1,000 classes are offered each year. Page 27 In addition, the Facilities Division manages City owned facilities including: the Civic Theater, the Community Center, the Senior Center, and the Warner Hutton House. Activities at these venues may be scheduled 350 days per year. The Facilities Maintenance Division also provides custodial service and maintenance to all City owned buildings. Other City Services — Many of the City’s services are provided through contractual relationships with existing districts and agencies. For example, the City’s police protection and law enforcement services are provided by the Santa Clara County Sheriff’s Office. The City’s fire protection is supplied by the Santa Clara County Fire Department. The library in the City is operated through the Santa Clara Library Joint Powers Authority. Sewer services are supplied by the West Valley Sanitation District and the Cupertino Sanitary District. Please visit the City’s website at www.saratoga.ca.us to link to these agencies’ websites. City Organization — Electorate City Council City Manager City Manager’s Office Administrative Services Community Development Recreation & Facilities Public Works Public Safety City Commissions City Attorney CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 28 Appendix CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 29 About Saratoga Early History — Although the incorporated City of Saratoga only dates back to 1956, the town had its beginnings more than a century earlier when William Campbell built a sawmill in 1848, about 2 ½ miles above the present village, along what is now Highway 9. The area’s earliest inhabitants were Native Americans who built homes near the mouth of the canyon at what an early map noted as Campbell’s Gap. In 1850-51 Martin McCarty, who leased the sawmill, built a toll road connecting it to the village, to expedite the hauling of lumber. The site of this barrier gave the town its first widely used name “Toll Gate”—commemorated by a plaque at Third Street and Big Basin Way. McCarty also had a survey done, laying out the town of McCartysville, and a post office was established under that name in 1855. The town’s brief industrial heyday—a short-lived furniture factory, a grist mill, a tannery, and paper and pasteboard mills—was commemorated by the post office name “Bank Mills” in 1863. But the discovery of mineral springs similar to those at Saratoga Springs, New York, lead to the renaming of the town to Saratoga in 1865. Pacific Congress Springs inspired the construction of an elaborate resort hotel, located about two miles above the village. It flourished for almost forty years until it was destroyed by fire in 1903. The resort image lingered through succeeding years, even as agriculture became the dominant industry in Saratoga and the Santa Clara Valley. Vineyards and a few scattered orchards remain today as a reminder of this era, which ended with the valley’s rapid urbanization following World War II. Saratoga Today — The City encompasses an area of twelve square miles and has a population of approximately thirty thousand people. Saratoga is home to some of the top schools in the nation. Saratoga High School was ranked among the top 100 high schools in the United States by the U.S. News & World Report. The City’s high ranking schools reflect its well-educated residents who put a priority on learning. Over thirty percent of the residents have a graduate or professional degree and sixty eight percent have a Bachelor’s degree. Along with the top performing schools, Saratoga offers a wide variety of attractions and cultural institutions that make the City unique. Art galleries, antique shops, restaurants, and performing arts venues beckon to residents and visitors. The beautiful Hakone Gardens, the expansive campus of the West Valley College, the elegant Villa Montalvo Center for the Arts, the much celebrated Heritage Orchard, and the Saratoga Village all contribute to Saratoga’s unique cultural environment. Saratoga strives to maintain the elements of its natural beauty and colorful past through careful policies and historic preservation. The City also boasts a number of community organizations that are committed to the Saratoga Community. These organizations include the Chamber of Commerce, Saratoga Foothill Club, Saratoga Historical Foundation, Saratoga Area Senior Coordinating Council, League of Women Voters, Rotary, and Saratoga-Monte Sereno Community Foundation. The strong sense of community shared by Saratoga residents is reflected in the goals and objectives of these organizations. CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 30 City of Saratoga Vision Statement Saratoga is a Community Where the common good prevails; Where the natural beauty of the City and its hillsides is preserved; Where historic assets are preserved and promoted; Where local commerce provides a vibrant presence in the Village and the other commercial areas; Where the orientation is toward the family; Where homes and neighborhoods are safe and peaceful; Where government is inclusive and values community involvement; Where desirable recreational and leisure opportunities are provided; Where quality education is provided and valued; Where value is placed on an attractive, well maintained and well planned community; Where government provides high quality, basic services in a cost effective manner; Where a small town, picturesque, residential atmosphere is retained; Where the arts and cultural activities which serve the community and the region are promoted; Where neighbors work together for the common good; Where leadership reflects community goals; and Where, because of the forgoing, the citizens and the families of Saratoga can genuinely enjoy being a part of and proud of this special community. CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 31 City Code on Commissions The following section includes portions of the City’s Municipal Code related to Commissions. To view the rest of the City’s Code, visit www.saratoga.ca.us and click on the “Municipal Code” link. Article 2-12 City Commissions 2-12.010 Commissions generally. a) Except as expressly stated otherwise, a Commission is any Commission, committee, group, or board established by the City Council pursuant to ordinance or resolution whose members are appointed by the City Council, and which is expected to exist or has existed for more than one year. b) A Commissioner is a member of a Commission. c) Commissions shall advise the City Council in reviewing, establishing, and implementing City policy regarding the subject matters specified in the ordinance or resolution establishing the Commission and any subsequent amendments thereto. d) The number of Commissioners shall be as set forth in the ordinance or resolution establishing the Commission and any subsequent amendments thereto. e) All Commissions shall be governed by the terms of this Article 2-12. Unless expressly stated otherwise herein the terms of this Article 2-12 shall prevail over any contrary provision of any resolution adopted by the City Council. f) On or before December 31 of each year, the City Clerk shall prepare and the City Council shall adopt a list of all Commissions containing the following information: a. A list of the qualifications necessary for each Commissioner position; and b. A list of all Commissioner terms which will expire during the next calendar year, including the name of the incumbent Commissioner, the date of appointment, the date the term expires and the qualifications necessary for the position. c. This list shall be made available to the public and shall be posted in the office of the City Clerk and at the Saratoga Library. (Ord. 203 Atth. A (part), 2002) 2-12.020 Qualifications. a) Except as provided in Section 2-12.20(b), all Commissioners shall: a. Be a resident of the City of Saratoga; b. Be a registered voter of the City of Saratoga; c. Prior to being interviewed for appointment to a Commission, have attended at least one meeting of the Commission to which appointment is being sought; Page 32 d. Not hold any elected public office in any jurisdiction, any place or position of employment with the City of Saratoga; and e. Satisfy any additional eligibility requirements specified in the ordinance or resolution establishing the Commission. b) One or more of the requirements set forth in Section 2-12.020(a) shall not apply if the ordinance or resolution establishing a Commission directs that one or more of the requirements specified are not be applied to one or more members of the Commission. c) If a Commissioner ceases to satisfy the requirements set forth in Section 2-12.020(a), the Commissioner’s office shall become automatically vacant. With respect to appointment and tenure of replacements, and in all other matters, the vacancy will be treated like any other on that Commission. d) No person shall serve as a Commissioner on more than one Commission at any one time. For the purposes of this Subsection (d) only, the term “Commission” shall include only those entities designated as a Commission by resolution or ordinance and shall not include any entity established as a committee, group, or board. e) Each Commissioner shall inform the City Clerk of the Commissioner’s residence address at the time of appointment and promptly inform the City Clerk of all subsequent changes of address. (Ord. 203 Atth. A (part), 2002) 2-12.030 Term. a) Each Commissioner shall serve a term of four years unless an alternate term is specified by the resolution or ordinance establishing the Commission. b) No Commissioner shall serve more than two full consecutive terms on a single Commission. A partial term served as a result of an appointment to fill an unexpired term is not considered a full term. A Commissioner who has served two full consecutive terms on a Commission may not be reappointed to that Commission for at least one year following the expiration of his or her term. The limitations set forth in this Subsection (b) shall not apply to the Youth Commission. c) For each Commission, the terms of the Commissioners shall be staggered such that each year the four year terms of approximately an equal number of the Commissioners shall expire. Where a Commission has seven Commissioners, the terms of two Commissioners shall expire each year except that in the year after the first six Commission terms have expired, only one term shall expire. The limitations set forth in this subsection (c) shall not apply to the Youth Commission. d) Notwithstanding subsection (a) of this section, where the terms of Commissioners on a Commission do not comply with subsection (c) of this section, a Commissioner may be appointed to a term less than four years for the purpose of making the terms of the Commissioners on the Commission comply with subsection (c). No term shall be reduced after a Commissioner is appointed to serve the term, except as otherwise provided by this Code. For purposes of subsection (b) of this section, a term of less than four years established pursuant to this paragraph is not a full term. This paragraph shall be of no further force and effect after December 31, 2006. (Amended by Ord. 208 § 2.1, 2002; Ord. 203 Atth. A (part), 2002) Page 33 2-12.050 Removal. All Commissioners shall serve at the pleasure of the City Council. The City Council may remove any Commissioner from office prior to the expiration of the Commissioner’s term by the affirmative vote of not less than three members of the City Council. (Ord. 203 Atth. A (part), 2002) 2-12.060 Vacancies. a) Vacancies shall be filled by appointment by a majority vote of the City Council and shall be for the unexpired portion of the term of office vacated. b) Whenever an unscheduled vacancy occurs in any Commission a special vacancy notice shall be posted in the office of the City Clerk and in the City Library not earlier than twenty days before and not later than twenty days after the vacancy occurs. Final appointment to the Commission shall not be made by the City Council for at least ten working days after the posting of the notice required by this section except that in an emergency the City Council may fill the unscheduled vacancy immediately such that the person appointed to fill the vacancy may serve only on an acting basis until the final appointment is made pursuant to this section. (Ord. 203 Atth. A (part), 2002) 2-12.070 Meetings. The regular meetings of each Commission shall be as specified in the ordinance or resolution establishing the Commission or, if no regular meeting time is established by ordinance or resolution the regular meeting time may be established by the Commission. Any regular meeting may be cancelled by a Commission upon announcement of such cancellation at the regular meeting preceding the meeting to be cancelled. (Ord. 203 Atth. A (part), 2002) 2-12.080 Rules of procedure. a) The following Sections of this Chapter pertaining to meetings conducted by the City Council shall be applicable to all meetings conducted by Commissions: a. 2-10.020(b) b. 2-10.030 through 2-10.080 c. 2-10.110(c), (d), (f) and (g) d. 2-10.120 through 2-10.170 e. As so applied to a Commission, all references therein to City Council or Council member shall be deemed to mean the Commission or Commissioner to which the section is applied. All references therein to the Mayor shall be deemed to mean the Chair of the Commission; and all references therein to the City Clerk shall be deemed to mean the secretary of the Commission. b) The failure of passage of any motion before a Commission shall be deemed a denial of the motion; provided, however, a motion failing by reason of an evenly split vote by the Commission at a meeting where not all Commissioners are present shall be agendized and voted upon at the next regular meeting of the Commission at which a quorum is present. c) Each Commission shall elect a Chair to serve a twelve month term. No person shall serve as Chair of the same Commission more than one full term in any four year period. Page 34 d) In addition to the rules made applicable to Commissions as specified in paragraph (a) of this section, each Commission shall have authority to adopt such other rules and procedures as it deems appropriate for the orderly and efficient conduct of its business which are not inconsistent with the provisions of this Code. e) The City Manager or his or her designee shall be the secretary of each Commission unless otherwise specified by the ordinance or resolution establishing the Commission. f) This section 2-12.080 shall not apply to the Planning Commission which shall follow the rules of procedure set forth in section 2-15.050 of this Code. (Ord. 203 Atth. A (part), 2002) Other Relevant Sections of the City of Saratoga’s City Code — 2-10.020 Agendas; submitting matters not included on agenda. b) Except as otherwise provided in this Article, a matter not included on the agenda may not be presented to the Council without first obtaining the consent of at least four Council members present at the meeting. 2-10.030 Order of business. The business of the City Council shall be taken up for consideration during its regular meetings in such order as shall be determined by resolution of the City Council. The regular order of business may, for any particular meeting, be suspended for any purpose by the presiding officer with the consent of a majority of Council members present at the meeting. 2-10.040 Roll call. Before proceeding with the business of the City Council, the City Clerk or his deputy shall call the roll of the members. The names of those physically present shall be entered in the minutes. 2-10.050 Quorum. A majority of all the members elected to the City Council shall constitute a quorum at any regular or special meeting of the Council. The presence or absence of a quorum shall be determined by the presiding officer. 2-10.060 Minutes of meetings. a) Any member of the City Council may, either during the course of a meeting or at any time prior to approval of the minutes for such meeting, request that the minutes contain a verbatim transcript of such portion of the meeting as specified by the Councilmember making the request. b) At least two days prior to each regular meeting of the City Council, the City Clerk shall furnish each member of the City Council a copy of the minutes of the preceding regular or special meeting. Unless a reading of the minutes of the Council meeting is requested in open meeting by a member of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each member with a copy thereof. Notwithstanding the provisions contained herein, a reading of the minutes may always be waived by a duly carried motion to waive the reading thereof. Page 35 2-10.070 Voting. A vote by roll call shall not be required in the City Council unless a Council member specifically requests a roll call after a motion is made, and before the presiding officer calls the vote. Unless a member of the City Council audibly states he is not voting, his silence shall be, and shall be recorded as, an affirmative vote. 2-10.080 Presiding officers. a) The presiding officer of the City Council shall be the Mayor, or in his absence, the Mayor pro tempore. He shall take the chair precisely at the hour appointed for the meeting and shall immediately call the City Council to order. In the absence of the Mayor or Mayor pro tempore, the City Clerk shall call the City Council to order, whereupon, a temporary presiding officer shall be elected by the Council members present. Upon the arrival of the Mayor or Mayor pro tempore, the temporary presiding officer shall immediately relinquish the chair upon the conclusion of the particular business immediately before the Council at that time. Wherein this Article the term mayor is used, it shall apply equally to the presiding officer as defined in this Section. b) The presiding officer of the City Council shall have a vote, but no veto power, and may move, second and debate from the chair. He shall not be deprived of any of the rights and privileges of a Council member by reason of acting as presiding officer. He shall preserve strict order and decorum at all regular and special meetings of the City Council. He shall state or call upon the City Clerk to state every question before the City Council, call for the vote and announce the decision of the Council on all subjects. He shall decide all questions of order, subject however to an appeal to the Council by any Council member, in which event a majority vote of the Council shall govern and conclusively determine such question of order. He shall have and exercise such other powers and duties as are contained elsewhere in this Article and as authorized by law. The presiding officer shall have power and authority in his discretion and without a vote of the City Council, to do the following: a. Refer any matter, whether or not on the City Council agenda, for study and report. Such power shall not be exercised while a motion is on the floor covering such matter, until the motion is disposed of. Once a matter has been referred and a report rendered thereon, it shall not thereafter be referred a second time under this power but only by City Council action. b. Set time limits on City Council discussion on any matter. c. Set time limits on any communications from members of the public to the City Council. d. Declare the opening and closing of public hearings. e. Rule any motion on a subject not on the agenda as being out of order, in which case the motion shall thereafter be void and the City Clerk shall set the subject matter thereof down on the agenda of the next regular or special Council meeting. f. Table any motion on any matter until the next regular or special City Council meeting whenever the City Attorney advises that there is a serious question as to the validity or constitutionality of the particular proposed course of action which is the subject matter of such motion. g. Require any witness testifying to facts at any public hearing to be sworn before proceeding further with any such testimony. Page 36 2-10.110 Procedure on ordinances, resolutions and other matters requiring action by City Council. c) Resolutions. Resolutions may be presented in written or oral form. Where written, the resolution need only be read by title and number prior to action thereon, and only the motion adopting it need appear in the minutes. Where oral, the same shall be stated in full by the moving party, and if adopted, shall either be transcribed in full in the minutes or thereafter be reduced to written form separate from the minutes, executed by the presiding officer and attested by the City Clerk. d) Motion failing to receive second. A motion failing to receive a second shall be deemed a rejection thereof by the City Council, and no further vote shall be taken thereon. f) Motion for reconsideration. A motion to reconsider actions taken by the City Council can be made only by a Council member on the prevailing side, but may be seconded by any Council member. a. A motion to reconsider the passage of an ordinance or the granting by the City Council of an application or request by any person for a permit, license, right, privilege, approval or contract shall be made only during the meeting at which the action was taken. If the motion is adopted, the action shall either be reconsidered at that meeting or agendized for the next regular meeting of the City Council at the discretion of the City Council. b. A motion to reconsider any action other than of the type described in subsection (f)(1) of this Section, may be made at any time. If a motion to reconsider any other action is made and adopted at a subsequent meeting, the action to be reconsidered shall be agendized for the next regular meeting of the City Council unless a request for reconsideration has been included and specifically identified on the agenda for the meeting at which the motion is adopted, in which case the City Council may act on the matter to be reconsidered at such meeting. Nothing herein shall extend the statute of limitations applicable to any action taken by the City Council. g) Recording motions in minutes. All motions shall be entered in the minutes, including motions failing for lack of a second, with the name of the Council member making the motion and, if a vote is taken thereon, the names of the Council members voting in favor of and in opposition to the motion. (Amended by Ord. 71-135 § 1, 1994) 2-10.120 Rules of debate. The following rules shall be observed in debate in the City Council: a) Getting the floor. Every Council member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine all remarks to the question under debate. b) Interruptions. A Council member, once recognized, shall not be interrupted when speaking unless it be on a point of order or as otherwise provided in this Article. If a point of order is raised while a Council member is speaking, the Council member shall cease speaking until the question of order is determined and, if in order, the Council member shall be permitted to proceed. c) Closing debate. Debate on any matter may be closed upon motion adopted by a majority of Council members present at the meeting. Page 37 d) Rules of order. Except as otherwise provided in this Article, proceedings of the City Council shall be governed under procedures adopted by a resolution of the City Council and on file in the office of the City Clerk. No action of the City Council shall be invalidated nor the legality thereto affected by the failure or omission to observe or follow the rules of debate or other procedures as provided in this Section. 2-10.130 Communications to City Council. a) Any person desiring to address the City Council shall first secure the permission of the presiding officer; provided, that under the following headings of business, unless the presiding officer rules otherwise, any qualified and interested person shall have the right to address the City Council upon obtaining recognition by the presiding officer: 1) Regular and adjourned regular meetings. a. Written communications. Members of the public may address the City Council by written communication. If copies of such communications are furnished to each Council member present, such written communications need not be read aloud at the meeting unless so ordered by a majority vote of the City Council. b. Oral communications. 1. Agendized items. Members of the public may address the City Council by oral communication subject to any time limits set pursuant to Section 2-10.080(b)(3), on any item on the agenda, before or during consideration of that item. 2. Nonagendized items. Members of the public may address the City Council by oral communication subject to any time limits set pursuant to Section 2-10.080(b)(3), on any nonagendized matter within the subject matter jurisdiction of the City Council, that is, over which the City Council has control; provided, that preference shall be given to those persons who may have notified the City Clerk in advance of their desire to speak. 3. Public hearings. Members of the public may address the City Council, subject to any time limits set pursuant to Section 2-10.080(b)(3), relating to the matter which is the subject of the public hearing, provided that once the public hearing has closed, the public may no longer address the City Council on that matter unless the City Council reopens the public hearing. 2) Special meetings. Members of the public may address the City Council at a special meeting by oral communication subject to any time limits set pursuant to Section 2-10.080(b)(3), only on items agendized for that meeting, unless otherwise permitted by a majority vote of the City Council. b) Each person addressing the City Council shall stand and give his name and address in an audible tone of voice for the record, and shall speak into the microphone provided at all times that the electronic public address system is in operation. All remarks shall be addressed to the City Council as a body and not to any individual member thereof. No person, other than the City Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council without the permission of the presiding officer. c) The following rules shall be applicable to communications to the City Council: 1) Written communications on a particular matter for City Council discussion shall be read by the Council at the time of such discussion rather than under the agenda item of “written communications.” Page 38 2) Written communications from the City staff shall not be read aloud unless requested by the writer or any Council member. 3) Anonymous communications shall not be read. 4) The presiding officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion. 5) After a motion is made by a Council member, no person shall address the Council without first securing the permission of the Council to do so. (Amended by Ord. 71-134 § 1, 1994) 2-10.140 Decorum of meetings. a) While the City Council is in session, the members must preserve order and decorum. A member shall neither, by conversation or otherwise, delay or interrupt proceedings or the peace of the City Council, nor disturb any member while speaking or refuse to obey the orders of the City Council or its presiding officer except as provided in this Article. b) Any person not a member of the City Council making personal, impertinent or slanderous remarks or who becomes boisterous while addressing the City Council shall forthwith be barred from further audience before the City Council, on order of the presiding officer, unless permission to continue be granted by a majority vote of the Council. 2-10.150 Contempt of City Council. While the City Council is in session, any person who acts in a disorderly, contemptuous or insolent manner towards the City Council or any member thereof, which conduct tends to interrupt the due course of such meeting, or any member of the public in attendance who fails, on demand of the presiding officer, to comply with any rule set forth in this Article, or any order of the presiding officer made in accord with the authority of this Article, shall be guilty of a misdemeanor. The presiding officer or the City Attorney may order such person to leave the Council Chambers immediately and upon any failure or refusal to do so, such person may be arrested and taken into custody by a deputy sheriff or other police officer. 2-10.160 Adjournment or continuance of meeting. Any meeting may either be terminated or continued to another time, place or date by adjournment, regardless of whether or not all matters on the agenda or under discussion have been covered, acted on or concluded. Notwithstanding the above provision, no meeting shall be terminated before closing all public hearings noticed for that meeting, without first continuing such public hearings to another time, place and date. Otherwise, a motion to adjourn shall always be in order and decided without debate. Where a meeting is continued to a future date, if either the time or place is not stated in the order of adjournment, it shall be deemed to be at the hour and place specified for regular meetings of the City Council. 2-10.170 Failure to follow provisions of Article. Failure to observe the rules set forth in this Article shall not invalidate any action taken which is otherwise lawful, and defective only for failure to follow the procedure outlined in this Article. CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 39 Oath of Office state of California County of santa Clara I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will faithfully discharge the duties upon which I am about to enter. Commissioner Subscribed and sworn to before me on This day of Ann Sullivan, CMC City Clerk CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 40 City of Saratoga Conflict of Interest Code Page 41 Page 42 CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 43 City of Saratoga Code of Ethics and Values Page 44 Page 45 CIT Y o f S ARATO G A CALIF O R N I A1956City of Saratoga Commission Handbook Page 46 City of Saratoga Reimbursement Policy Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54