HomeMy WebLinkAbout10-25-2021 Agenda PacketSaratoga City Council and Commission Agenda October 25, 2021 – Page 1 of 2
SARATOGA CITY COUNCIL, HERITAGE PRESERVATION
COMMISSION, LIBRARY & COMMUNITY ENGAGEMENT
COMMISSION, PARKS & RECREATION COMMISSION,
PEDESTRIAN, EQUESTRIAN, & BICYCLE TRAILS ADVISORY
COMMITTEE, PLANNING COMMISSION, TRAFFIC SAFETY
COMMISSION AND YOUTH COMMISSION
SPECIAL MEETING
OCTOBER 25, 2021
Teleconference/Public Participation Information to Mitigate the Spread of COVID‐19
This meeting will be held entirely by teleconference. All members of the City Council,
Commissions and staff will only participate via the Zoom platform using the process described
below. The meeting is being conducted pursuant to recent amendments to the teleconference rules
required by the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of
emergency when local official have recommended social distancing. The purpose of the
amendments is to provide the safest environment for the public, elected officials, and staff while
allowing for continued operation of the government and public participation during the COVID-
19 pandemic.
Members of the public can view and participate in the Study Session by:
• Using the Zoom website https://us02web.zoom.us/j/81001385495 Webinar ID 810 0138
5495; OR
• Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID provided above
The public will not be able to participate in the meeting in person.
As always, members of the public can send written comments prior to the meeting by commenting
online at www.saratoga.ca.us/comment prior to the start of the meeting. These emails will be
provided to the members of the Council and Commissions and will become part of the official
record of the meeting.
7:00 PM STUDY SESSION
REPORT ON POSTING OF THE AGENDA
The agenda for this meeting was properly posted on October 21, 2021.
AGENDA ITEM
City Council / City Commissions Joint Study Session
Recommended Action:
Review existing policies and direct staff accordingly.
Memo
Attachment A - Mission Statement and Statement of Values
Attachment B - Code of Ethics and Values
Attachment C - Norms of Operation
Attachment D - E-Communications Policy
Saratoga City Council and Commission Agenda October 25, 2021 – Page 2 of 2
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Britt Avrit, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting
of the City Council and Commissions was posted and available for review on October 21, 2021 at
the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at
www.saratoga.ca.us.
Signed this 21st day of October 2021 at Saratoga, California.
Britt Avrit, MMC, City Clerk
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided by City staff in connection with this agenda, copies of materials distributed concurrently
with the posting of the agenda, and materials distributed by staff after the posting of the agenda
are available on the City website at www.saratoga.ca.us and are available for review in the office
of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California.
In compliance with the Americans with Disabilities Act and the Governor’s Executive Order, if
you need assistance to participate in this meeting, please contact the City Clerk at
bavrit@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City
will use its best efforts to provide reasonable accommodations to provide as much accessibility as
possible while also maintaining public safety.
[28 CFR 35.102-35.104 ADA title II]
City Council / City Commissions Joint Study Session – October 25, 2021
Page 1 of 3
CITY OF SARATOGA
Memorandum
To: Mayor Zhao & Members of the Saratoga City Council
From: James Lindsay, City Manager
Date: October 25, 2021
Subject: City Council / City Commissions Joint Study Session
At the September 15, 2021 City Council Meeting, Council Member Bernald with
support from Council Member Fitzsimmons requested a study session with all of the
City’s Commissions to review the City’s Mission Statement, Statement of Values, and
the Code of Ethics and Values. Council discussion of developing a zero tolerance of
racism policy was also requested.
This memo provides a summary of those documents and information about the
policies and practices of other organizations to facilitate discussion between the City
Council and Commissions. Additionally, the City Council Norms of Operation and the
City’s E-Communications Policy have been provided as these documents also
reference values and guidelines for conducting the City’s businesses.
The October 25 Joint Study Session will include a review of the City’s Mission
Statement, Statement of Values, and the Code of Ethics and Values, followed by a
discussion to identify any changes that may be desired. If directed by the City Council,
changes to these existing policies or any new policies will be brought to the City
Council at a future regular meeting for adoption.
Mission Statement and Statement of Values
The City of Saratoga’s Mission Statement was adopted by the City Council in 1993.
The Statement of Values, originally adopted as the Vision Statement and renamed
Statement of Values in 2019, was adopted in 1995. Both the Mission Statement and
Statement of Values are periodically reviewed and amended as needed by the City
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City Council / City Commissions Joint Study Session – October 25, 2021
Page 2 of 3
Council. The most current version was last reviewed by the City Council in February
2021 and is attached to this memo.
Code of Ethics and Values
The City of Saratoga’s Code of Ethics and Values was adopted in 2008 to promote the
highest standard of personal and professional conduct among the City’s elected and
appointed officials, employees, and volunteers. Many jurisdictions have adopted a
code of ethics and/or conduct that provide clear statements about expectations for
ethical behavior above and beyond the many ethics laws, such as the Political Reform
Act, that elected and appointed officials are subject to in California. The Code of
Ethics and Values is provided to all new City Council Members, Commissioners, and
employees and is attached.
The Code of Ethics and Values was modeled on the City of Santa Clara’s Code and
developed using a values-based approach, which identifies aspirations for behavior
based on values. Alternatively, some communities have adopted a rule-based
approach that describes behaviors that are not allowed. For example, the West
Hollywood Code of Conduct outlines policies that govern conduct of elected and
appointed officials as well as a set of rules that are applicable to each policy that help
ensure compliance with established policies. Additionally, some Codes include
sanctions or penalties when rules are violated, such as the Belmont Code of Ethics
and Conduct and Los Gatos Code of Conduct.
The Code of Ethics may be used to describe how elected and appointed officials are
expected to treat each other, staff, the community, and others that they may interact
with as a representative of the City. For example, the City of Oceanside Code of Ethics
and Conduct states expectations for the behavior of elected and appointed officials
during meetings, with staff, with other Brown Act bodies, with the media, and online
in social medial. These topics are generally addressed in Saratoga’s Code of Ethics of
Values. More specific conduct guidelines are provided in the City Council Norms of
Operation, such as meeting decorum, relations with staff, and Council and
Commission relationships and relationships with bodies outside of Saratoga, as well
as in the E-Communications Policy. Both the Norms of Operation and E-
Communications are provided to new City Council and Commissioners and are
attached to this memo.
While the City provides new Council Members and Commissioners with copies of the
Code of Ethics and Values and other applicable policies, some organizations provide
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City Council / City Commissions Joint Study Session – October 25, 2021
Page 3 of 3
regular trainings on their Code of Ethics. Additionally, some policies call for periodic
review to determine if updates are needed.
Zero Tolerance of Racism and Discrimination Policies
Some organizations, such as the Duke University School of Medicine Department of
Cell Biology, have adopted zero tolerance of racism and discrimination policies. Zero
tolerance policies seek to discourage disrespectful behavior and other actions that
may be considered racist or discriminatory but are not explicitly addressed in State
harassment laws. These policies often provide expectations for behavior and a
process for filing and responding to complaints. Similarly, some communities have
adopted goals to promote racial equity. For example, the City of Oakland has
established Race & Equity Change Process Goals.
The City has a well-established framework of existing policies that establish the City’s
mission, values, and specific expectations for how the City’s leaders will conduct the
business of the City. Celebrating diversity and inclusion is included in the Statement
of Values but there is no specific reference to supporting diversity in the Mission
Statement or the Code of Ethics. The Council may want to consider strengthening
these existing policies prior to development a new zero tolerance policy.
Attachments:
Attachment A: City of Saratoga Mission Statement and Statement of Values
Attachment B: City of Saratoga Code of Ethics and Values
Attachment C: City Council Norms of Operation
Attachment D: City of Saratoga E-Communications Policy
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Mission Statement &
Statement of Values
Updated February 3, 2021
MISSION STATEMENT
Provide essential municipal services which protect health, safety and welfare, and
satisfy the community’s desires to maintain its quality of life while practicing fiscal
responsibility.
STATEMENT OF VALUES
The City of Saratoga strives to maintain a high quality of life for its residents through
careful planning and infrastructure maintenance, through activities to build
community, and by providing opportunities for extensive citizen participation in
community issues. Succinctly, the statement of values for our City is that:
Saratoga is a Community….
Where the common good prevails;
Where diversity and inclusivity are celebrated;
Where the community values, respects, and actively supports the well-being of
seniors, families, and people of all abilities;
Where neighbors and community members work together for the common good;
Where the natural beauty of the City and its hillsides is preserved;
Where historic assets are preserved and promoted;
Where value is placed on an attractive, well-maintained and well-planned community
with a small town, residential atmosphere;
Where homes and neighborhoods are safe and peaceful;
Where local businesses provide a vibrant presence in the Village and the other
commercial areas;
Where desirable recreational and leisure opportunities are provided;
Where quality education is provided and valued;
Where the arts and cultural activities that serve the community and the region are
encouraged;
Where government provides high quality, basic services in a cost-effective manner;
Where government values community involvement;
Where leadership reflects community goals; and
Where, because of the foregoing, the residents and the families of Saratoga can
genuinely enjoy being a part of and proud of this special community.
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CITY OF SARATOGA
CITY COUNCIL NORMS OF OPERATION
(Updated via Resolution 18-005, March 7, 2018)
Section 1. OPERATION OF CITY COUNCIL MEETINGS
A. City Council Meetings shall be conducted following the outline listed in Section 7.B. of
these Norms. Each item shall be introduced by the Mayor and heard in accordance with the
Rules of Parliamentary Procedure attached hereto as Exhibit A. The Mayor may place an
item anywhere on the agenda. During Council Items at a Regular Meeting, two City
Council Members may request an item be placed on a future agenda.
B. In order to ensure that all members of the public have an opportunity to speak and that the
Council is able to complete its business, there will be a three-minute limitation on
comments by the public except for applicants and appellants at public hearings or as
otherwise provided by law. In order to effectively enforce this rule, the City Clerk will
monitor the time for each speaker with an electronic timer. If there are more than twenty
(20) identified speakers for one item at the beginning of the public comment period or
public hearing, the Mayor may adjust the three-minute time down to two minutes per
speaker or less if approved by the City Council.
C. Closed Sessions of the City Council shall generally be conducted prior to the 7:00 p.m.
business portion of regular meetings. If necessary, Closed Sessions not completed prior to
the 7:00 p.m. business portion will be considered at the conclusion of the business portion
of the meeting, or as approved by the City Council.
D. A Special Council Meeting may be called by the Mayor with proper public notice.
E. Members of Council should not engage in debate with a member of the public or staff at
Council Meetings since these debates seldom resolve concerns and many times inflame
feelings at a public meeting. Any concerns by a member of Council over the behavior or
work of a City employee during a Council meeting should be directed to the City Manager
privately to ensure the concern is resolved.
F. Prior to the close of the public hearing or comment period Council Members may ask
questions of anyone in the audience. The public hearing and comment period are the
times for Council to receive evidence. Once the hearing or comment period is closed, the
Council deliberates based on that evidence. While Council may elect to re-open a
hearing or comment period (assume no prejudice to the rights of an applicant or
appellant), it should make every effort to get all the information it needs while the
hearing or comment period is still open. If the Council asks questions after the final
presentation of the applicant/appellant in a permit-related hearing, the Council would
need to provide the applicant/appellant with an opportunity to rebut the answers to the
questions. While these rules need not apply as strictly to hearings where due process is
less of an issue (i.e., an ordinance amendment), a uniform set of rules for all public
hearings and comment periods is desirable.
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G. The Mayor may, with Council concurrence, call for Council consideration of agenda items
out of their prescribed order on the printed agenda.
Section 2. MEETING DECORUM
A. Appropriate attire, including shoes and shirts, are required in the Council Chambers and
other Council meeting rooms at all times. Persons in the audience will not place their feet
on the seats in front of them. No food, drink (other than bottled water with a cap), or
chewing gum is allowed in the Council Chambers and other Council meeting rooms, except
as otherwise pre-approved by City staff. All persons entering the Council Chambers and
other Council meeting rooms, including their bags, purses, briefcases and similar
belongings, may be subject to search for weapons and other dangerous materials.
B. Persons in the audience shall be respectful of others and will refrain from behavior which
will disrupt the public meeting. This includes refraining from:
- Using electronic devices except in connection with the meeting;
- Making loud noises, clapping, shouting, booing, hissing during public testimony
and Council consideration of policy matters;
- Engaging in any activity in a manner that disturbs, disrupts or impedes the orderly
conduct of the meeting; and
- Creating, provoking or participating in any type of disturbance involving
unwelcome physical contact.
C. Interactions between the public and the Council shall be courteous and respectful. No
person who addresses the Council shall make any belligerent, personal, impertinent,
irrelevant, redundant, slanderous, loud, threatening, abusive or disparaging remark,
statement or commentary toward the Council, staff or other individuals in a manner which
disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting. Any
violation of this rule shall be grounds for terminating the person’s comment period.
Council shall not be belligerent or make disparaging commentary toward the speaker.
Nothing in this section shall prohibit or discourage orderly criticism of any City decision or
policy within the limits of these rules. If a member of the public fails to follow these rules
after being warned once, the Council may bar that individual from further testimony for the
evening or remove the person from the meeting.
D. The City Council uses computers at the dais for agenda materials. Council Members
should limit their use of computers to matters pertaining to the meeting and comply with
the City’s Electronic Communications Policy (for example, no e-mailing or other
communication during the meeting except in cases of family emergencies). In using
computers at the dais Council Members should be respectful of their fellow Council
members, staff, and the public. Council Members should not base decisions on information
acquired through the internet during a Council meeting unless the information and its
source is shared with the entire Council and the public as part of the meeting before the
decision is made.
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E. Members of the public wishing to make a slide presentation as part of their comments to
the City Council must provide the file to the City Clerk’s office at least 24 hours prior to
the meeting in a format compatible with the City’s projection system (details on these
requirements are available from the City Clerk’s office). Failure to comply will result in
the presentation being rejected. All presentations must comply with the time limits
applicable to the agenda item.
F. All materials presented to the City Council, including written materials are public records
subject to inspection in accordance with applicable laws.
Section 3. CITY COUNCIL RELATIONS WITH CITY STAFF
A. There shall be mutual respect from both staff and Council Members of their respective
roles and responsibilities when and if expressing criticism in public session.
B. City staff shall acknowledge the Council as policy makers and the City Council shall
acknowledge staff as administering the Council's policies.
C. All written requests for information or questions by City Council Members to staff shall be
directed to the City Manager, City Attorney, City Clerk, or Department Managers (with a
copy to the City Manager). All complaints should be submitted to the City Manager or, if a
complaint concerns the City Manager, to the City Attorney.
D. All written informational material requested by individual Council Members shall be
submitted by staff to all Council Members with the notation indicating which Council
Member requested the information.
E. Council shall not attempt to coerce staff in the making of appointments, the awarding of
contracts, the selection of consultants, the processing of development applications, the
granting of City licenses or permits. The Council shall not attempt to change or interfere
with the operating policies and practices of any City department.
F. Mail, including email, that is addressed to the Mayor and City Council shall be circulated
by the City Clerk to the City Council. If the communication warrants a response, the
Mayor's response, in addition to the original communication, will be submitted to the City
Council for their information.
G. The City Clerk shall open mail addressed to all Council Members unless requested not to
do so.
H. Individual Council Members shall not direct staff to initiate any action or prepare any
report that is significant in nature or initiate any project or study. All such direction shall
be provided by the City Manager or by action of a majority of the City Council at a City
Council meeting. Council Members may ask for limited resources and information for
items that are on an agenda as long as any information is distributed to all City Council
Members.
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Section 4. CITY COUNCIL AND COMMISSION RELATIONSHIP, INTERACTIONS WITH
OTHER CITY OF SARATOGA BODIES, AND RELATIONSHIPS WITH OTHER
BODIES OUTSIDE OF SARATOGA
A. Members of the City Council should not attempt to influence or publicly criticize Saratoga
Commission recommendations, or to influence or lobby individual Commission Members
on any item under their consideration. It is important for Commissions to be able to make
objective recommendations to the City Council on items before them. Members of Council
that attempt to strongly influence Commission positions on an item may prejudice or hinder
their role in reviewing the commission's recommendation as a member of the City Council.
B. Individual Council Members and Commissioners shall have the right to attend meetings of
other Saratoga governmental bodies but shall refrain from speaking or becoming involved
in the meeting's discussions. If asked a question, the Council Member or Commissioner
should indicate that he/she can only provide a personal opinion and does not speak for the
Council or Commission as a whole.
C. If a member of the City Council or a Commission appears before a non-City of Saratoga
governmental agency or organization except as a member of outside agency appointed by
the City Council to give a statement on an issue affecting the City, the Council Member or
Commissioner should first indicate the majority position and opinion of the Council or
Commission (if any). Personal opinions and comments may be expressed only if the
Council Member or Commissioner clarifies that these statements do not represent the
position of the City Council or Commission.
D. Both Council Members and Commissioners shall at all times strive to be attentive, maintain
respectful discourse in regards to one another and focus comments on the policy matters
under consideration while refraining from expressing criticism of members of the Council
or a Commission or engaging in side discussions with others.
Section 5. CITY COUNCIL HANDLING OF LITIGATION AND OTHER CONFIDENTIAL
OR SENSITIVE INFORMATION
A. City Council Members shall keep all written materials and verbal information provided to
them on matters that are confidential in complete confidence to ensure that the City's
position is not compromised. No disclosure or mention of information in these materials
shall be made to anyone other than Council Members, the City Attorney or City Manager.
All negotiations and other contacts concerning matters that have come before the City
Council in closed session (including, but not limited to, property acquisition or disposal, a
pending claims or litigation, and/or employee negotiations) with the other party and/or
party’s agents or other representatives shall be limited to, and made by, the designated
City staff representative handling the negotiations, claim or litigation unless the City
Council has directed that a specific Council member to assist staff in negotiations. Except
as authorized above, no Council Member who has participated in any closed session shall
have any contact
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or discussion with the other party or its agents or representatives concerning the matter
under consideration except during public meetings of the City Council. All public
statements, information and press releases shall be handled exclusively by the City’s
designated spokesperson.
B. The personal contact information of members of the public included as part of reports and
attachments to agenda items shall only be used in relation to that agenda item. To the
greatest extent possible, staff will work to minimize the amount of personal contact
information for members of the public published in agenda materials posted on the City
website.
Section 6. BUSINESS OF THE CITY COUNCIL
A. Seating Arrangement of the City Council – At regular City Council Meetings held in the
Civic Theater, the City Council shall be seated based on the order of the Mayoral rotation,
as set forth by the Mayoral Rotation Policy, with the Mayor seated on the left of the five
members of the City Council. The Vice Mayor shall be seated to the right of the Mayor. It
shall be at the Mayor’s discretion to determine the final seating arrangement of the City
Council.
B. City Council Reorganization – The City Council Reorganization shall be held at the
beginning of the first regular meeting of December unless the City Council calls and holds
a special meeting on the Tuesday immediately preceding the first regular meeting of
December. The floor shall be open to nominations for the purpose of electing a Mayor and
Vice Mayor to serve for the following year. Such elections shall be made by majority vote
of the Council members present at the meeting. The Mayor and Vice Mayor shall assume
the duties of their respective offices immediately upon election. The Mayor and Vice
Mayor shall serve a one-year term at the pleasure of the Council. In election years the date
of the special meeting referenced above may be changed by the City Clerk as necessary to
ensure compliance with State election laws.
C. Mayor and Council Roles – The Mayor shall act as the primary spokesperson and official
representative of the City Council, unless such responsibility is delegated by the Mayor, or
otherwise assigned by a majority vote of the City Council. The Mayor shall preside at all
meetings of the City Council. The Mayor shall execute all official City documents,
warrants and correspondence approved by City Council. The Mayor shall serve as the
primary contact for the City Manager to provide direction and advice regarding routine
planning and operational issues (i.e. meeting schedules, event dates, dispositions of
correspondences, etc.). In scheduling events, the Mayor shall give due consideration to
availability of other Council Members, the timing of the event relevant to formal City
action in connection with the event (e.g., coordinating a groundbreaking with the start of
actual construction), and past practices. Nothing in this section is intended to suggest that
the position of Mayor wields formal power or authority in excess of the other members of
the City Council. Rather, the person serving as Mayor is to be recognized as the leader of
the Council, or first among equals. The Vice Mayor shall serve and perform the functions
as Mayor in the absence of the duly elected Mayor.
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D. Council Committee/Agency Assignments
During the first meeting in December, the Mayor shall announce that new appointments for
Committee/Agency Assignments are necessary. A list of committee/agency assignments
shall be given to each Council Member. Following the meeting, each Council Member
shall provide the Mayor with a list of the Committee/Agency Assignments in which the
Council Member is interested. The Mayor shall propose appointments for Council
approval at the second City Council meeting in December.
E. Ex Parte Communications
An Ex Parte Communication occurs when a Council member receives information from a
member of the public outside of a public meeting concerning a matter to be heard by the
City Council. Ex Parte communications are an inherent part of the City of Saratoga’s
commitment to allowing City residents ample opportunity to consult with elected
officials both inside and outside of public meetings. At the same time, the City is
committed to the principle that the business of the public should be conducted in public,
to ensure that citizens are afforded the opportunity to participate in the making of
decisions that affect their lives, and the means to evaluate choices made by the City and
its officers.
Where a City Council Member has received information outside of a public meeting that
the Council Member believes has a bearing on the decision and that is not reflected in the
staff report presented to the Council and the public, the Council Member should provide
that information to the rest of the Council and the public following the staff report and
prior to beginning of public testimony on the matter. This will allow the public and other
members of the Council to consider the information in forming their views on the
decision at hand.
In addition, persons affected by the decision will also have the opportunity to know the
evidence on which the decision is to be based and have an opportunity to comment on it
and, if need be, to rebut it. This approach allows all members of the public access to
elected officials and to the rationale for decisions made by those officials.
F. Issuing Proclamations, Commendations and Certificates
A proclamation is prepared at the discretion of the Mayor to proclaim a specific date or
event. Proclamations are prepared for signature by the Mayor. They may be presented at
a City Council meeting or at an event or meeting outside the City Council meeting.
A commendation is prepared at the discretion of the Mayor. A commendation may be
issued for accomplishments, such as:
• Athletic/academic accomplishments
• Act of heroism
• Youth Accomplishments
• A Community Organization’s Citizen of the Year
• A Community Organization’s Business Person of the year
• Outgoing elected officials
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• Outgoing City Commissioners
Commendations are prepared for signature by the Mayor. They may be presented at a
City Council meeting or at an event or meeting outside the City Council meeting.
Certificates of recognition are prepared for signature by the Mayor. They may be
presented at a City Council meeting or at an event or meeting outside the City Council
meeting.
G. Event Scheduling
The Mayor shall work with City staff to schedule the dates of City organized events. Due
consideration will be given to the availability of other Council Members and community
organizations involved in the event.
H. Resolutions of Support or Opposition
Resolutions of support or in opposition to a legislative action or special issue shall only
be brought before the City Council for consideration if the topic of the resolution has a
specific and identifiable impact or connection to the City of Saratoga.
Section 7. RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL MEETINGS
A. Time of Meetings
Regular meetings of the City Council shall be held on the first and third Wednesday of
each month in the Civic Theater per City Code 2-10.010. Special meetings shall be held
as needed based on availability of the City Council.
B. Order of Agenda
The following is the usual order of agenda items for regular Council meetings. The
Mayor with the concurrence of Council can change the order in which items on the
agenda are heard.
• Joint Meetings, Study Sessions, Commission Interviews, and Closed Session – Prior
to the start of the Regular Session at 7:00 p.m. in the Civic Theater, the City Council
may hold Joint Meetings with various Community organizations and Commissions,
conduct study sessions, hold Commission applicant interviews, or conduct Closed
Sessions. These meetings typically take place in the Administrative Conference
Room at City Hall. Location and start times may vary.
• Regular Session – The City Council, unless otherwise specified on the agenda, shall
conduct the Regular Session at 7:00 p.m. in the Civic Theater.
• Call to Order – The Mayor calls the regular meeting to order.
• Pledge of Allegiance – The Mayor may lead or call upon a member of the public or
staff to lead the pledge.
• Roll Call – A quorum constituting 3 of the 5 members of the Council is required to
conduct any Council meeting. The City Clerk calls the roll.
• Report of Posting of the Agenda – The City Clerk reports on the posting of the
agenda as required by law.
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• Report From Closed Session – The Mayor is required to announce any action taken
during closed session before reconvening to the open session of the regular meeting.
• Report from Joint Meeting/Study Session – The Mayor, or the Mayor’s designee,
provides a summary of the Joint Meeting or Study Session held prior to the Regular
Session.
• Oral Communications – During this portion, any persons who wish to address the
City Council on a subject not on the agenda may do so. Oral communications are not
intended as the means for debate or decision-making, but only for making a
presentation in person. Comment shall be limited to three minutes for members of the
public who wish to speak. The City Council may request follow up on matters raised
during Oral Communications.
• Announcements – Reserved time for the Mayor to make special announcements.
Announcements should be related to City or City-sponsored events and/or activities.
Council Members may submit announcement recommendations to the Mayor; the
Mayor has full discretion in selecting which announcements to share.
• Ceremonial Items – These items include presentation of proclamations,
commendations, certificates, appointments, administration of Oath of Office and
special introductions.
• Special Presentations to Council – This portion of the meeting is for groups, agencies,
and persons to speak to the Council on special items placed on the agenda according
to the City’s standard procedures. Presenters will be given 10 minutes to make their
presentation; the Mayor may adjust the time if approved by the City Council.
• Consent Calendar–These items are routine and non-controversial items of business.
Items in this section will be acted in one motion, unless removed by the Mayor or a
Council Member. Any member of the public may speak to an item on the Consent
Calendar, or request the Mayor remove an item for discussion.
• Public Hearings – There are two kinds of public hearings, those required by law and
those called by the City Council of its own volition. In either event, the purpose is to
provide an opportunity for all interested persons to be heard. During appeal hearings
before the City Council, Applicants/Appellants and their representatives have a total
of ten minutes maximum for opening statements. Members of the public may
comment on any item for up to three minutes. Applicant/Appellants and their
representatives have a total of five minutes maximum for closing statements. Unless
otherwise directed by the Mayor or City Council, appeal hearings shall generally
proceed as follows:
• Mayor introduces item
• Staff report
• Council questions for staff
• Appellant’s opening remarks – 10 minutes
• Applicant’s opening remarks (if applicant is not appellant) – 10 minutes
• Public comment
• Applicant closing remarks – 5 minutes
• Appellant closing remarks (if applicant is not appellant) – 5 minutes
• Mayo r closes the public hearing
• Council discussion
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• Council decision
• General Business – These are general items, that may or may not been previously
considered by the Council.
• Council Assignments– Provides members of the Council an opportunity to report on
matters being considered by committees, boards, and other bodies to which the
Council Member has been appointed by the Council or the Mayor. Council Members
may also report from regional committees, boards and other bodies on which the
Council Member serves in his/her capacity as a City Council Member and that have
been approved by the Mayor.
• City Council Items – Provides members of the Council an opportunity to introduce
discussion/action on items not currently before the Council for consideration.
• Council Communications - During this portion, Council Members may address the
City Council on subjects not on the agenda. Council communications are not intended
as the means for debate or decision-making, but only for making a presentation in
person. Comment shall be limited to two minutes per Council Member and shall not
include references to campaign activities by or in support of any Council Member. In
introducing this item the Mayor shall note the purpose of the item and explain that the
comments made are the comments of the individual Council Member speaking and
not necessarily the views of the City Council as a whole.
• City Manager Items – City Manager or City Attorney may bring up other items of
interest or make announcements under this section.
• Adjournment –The Mayor may adjourn the meeting or the City Council may vote to
adjourn the meeting.
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CITY COUNCIL NORMS EXHIBIT A
CITY OF SARATOGA RULES OF PARLIAMENTARY PROCEDURE 1
Saratoga’s rules of parliamentary procedure are supported by the following four principles:
1. Rules should establish order. The first purpose of the rules of parliamentary
procedure is to establish a framework for the orderly conduct of meetings.
2. Rules should be clear. Simple rules lead to wider understanding and participation.
Complex rules create two classes: those who understand and participate and those
who do not fully understand and do not fully participate.
3. Rules should be user-friendly. That is, the rules must be simple enough that citizens
feel they have been able to participate in the process.
4. Rules should enforce the will of the majority while protecting the rights of the minority.
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.
1 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.
20
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 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.
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:
1. The chair can ask the maker of the motion to repeat it;
2. The chair can repeat the motion; or
3. The chair can ask the secretary or the clerk of the body to repeat the
motion.
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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.
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:
1. Inviting the members to make a motion: “A motion at this time would be
in order.”
2. 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.”
3. 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:
1. 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.”
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2. 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.
3. 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.
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
23
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.
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
24
the body. A similar motion 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 on a particular agenda item.
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.
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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, if
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.
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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.
965350.1
27
RESOLUTION NO.21-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE CITY COUNCIL AND COMMISSIONS ELECTRONIC
COMMUNICATIONS POLICY
WHEREAS, the City of Saratoga seeks to promote effective use of electronic communications by
City Council members and Commissioners in conducting City business and to create a system that allows
compliance with state and federal laws governing electronic communications including the Brown Act, the
Public Records Act, records retention laws, and state and federal rules of evidence; and
WHEREAS, the City Council approved Resolution No.10-026 on May 19, 2010 adopting the City
Council and Commission Electronic Communications Policy; and
WHEREAS, the City Council wishes to update that policy to reflect changes in the law and City
practices and to promote clarity.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby
adopt the attached amended City Council and Commission Electronic Communications Policy and declares
that this Resolution shall supersede all prior resolutions, policies, and understandings relating to the City
Council and Commission Electronic Communications Policy.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 21"day of July 2021 by the following vote:
AYES: Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Mary -Lynne Bernald,
Kookie Fitzsimmons, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
AT f)ST:
DATE:
D to Bretschneider, CMC, City Clerk
28
CITY OF SARATOGA
City Council and Commissions
Electronic Communications Policy
Updated July 21, 2021
I. Purpose: Use of electronic media is necessary and useful for City Council and Commission
members in order to improve communication and efficiently perform their City duties. The
purpose of this policy is to ensure the proper use of the City's electronic media and to set out the
policy the City Council and Commission members will follow when using electronic media and
the City's electronic communication system. This policy will also insure that use of City
electronic media complies with applicable law, including the Public Records Act and Brown Act.
This policy is applicable to all City Council members and Commissioners.
II. Definitions
A. City's Electronic Communication System — City -owned devices or products designed
to electronically process, transmit, or store information such as computers, phones, cell
and smart phones, printers, modems, data files, and e-mail.
B. E-Communication — electronic text or visual communication and attachments
distributed via e-mail, websites, instant messaging, text messaging, social media platform
such as Twitter, Facebook, and Instagram), or comparable services.
C. Electronic Media — a method for processing or transmitting information in electronic
form, including E-Communication, software programs and the Internet.
D. Social Media Platform - an online service that members of the general public have the
ability to access and participate, free of charge, without the approval by the social media
platform or a person or entity other than the social media platform, including any forum
and chatroom, and cannot be blocked from doing so, except when the social media
platform determines that an individual violated its protocols or rules.
III. General Procedures
A. Procedures for Electronic Communications. E-Communication by nature represents
and reflects upon the City's public image and integrity. Council members and
Commissioners should ensure that their messages are respectful, professional, and are
consistent with City policies. E-Communication should be written or otherwise presented
in the same professional and respectful manner as paper communications. The City's
Electronic Communication System shall be used only for City business.
B. City Council E-mail Accounts and E-Communications. All Council members will be
issued accounts for use of City electronic media for e-mail on City business. Council
members shall not use their personal or business e-mail accounts or addresses for any
29
communication pertaining to City business. When using e-mail, users should
communicate with the public and staff solely via their designated City e-mail addresses.
Council members shall not commingle E-Communication pertaining to City business
with E-Communication pertaining to their personal life or business. If a personal or
business e-mail addresses is inadvertently used for City business the Councilmember
shall forward that communication to the City Clerk and notify the other party to the
communication that future communication on that matter should occur through the City
issued e-mail address. Council members shall keep a record of all E-Communications
other than e-mail communications (such as social media or text conversations) and
provide a copy to the City Clerk upon request in the event of a Public Records Act
request.
C. Commissioner E-Communications. Commissioners use their personal E-
Communications accounts for City business. All E-Communications concerning
Commission business must include a copy to the Commission staff liaison; this ensures
that the City has a record of all E-Communications concerning City business. Members
of the public may contact Commissioners through the City website; these
communications are forwarded to each Commissioner. Commissioners shall keep a
record of all E-Communications other than e-mail communications (such as social media
or text conversations) and provide a copy to the Commission liaison upon request in the
event of a Public Records Act request.
D. Electronic Communications between Council members or Commissioners
Concerning City Business. Communications from (1) a Council member to another
Council member or members concerning City business, and (2) a Commissioner to
another Commissioner or Commissioners concerning Commission business should be
one way" and marked "For Information Only —Do Not Reply."
E. E-Communications with the Public. In accordance with the Brown Act, Council
members and Commissioners may engage in separate conversations with members of the
public on Social Media Platforms to answer questions, provide information, and request
information from the public on a matter of City business. Council members and
Commissioners may not respond directly to any communication on a Social Media
Platform posted, made, or shared by another member of the body on which they serve if it
concerns a matter of that body's business. This prohibition applies to commenting,
posting emojis or other images, and other digital icons (including clicking on a reactive
symbol, such as "thumbs up," "like," or "heart").
F. Electronic Communication by a Quorum of the Council and Commission or a
Council and Commission Standing Committee. A majority of the members of the
Council or a Commission shall not send or exchange facts about or engage in discussions
including commenting, replying, sharing, reacting or using digital icons), regarding
matters of the Council's (for Council members) or their Commission's (for
Commissioners) business via E-Communication, including e-mail, Social Media
Council and Commission Electronic Communications Policy — Updated July 21, 2021
Page 3 of 5
30
Platforms or chat rooms, news groups, on-line forums, weblogs, or list -serves
collectively referred to as "Internet forums").
G. Electronic Communications from the Public. The public may electronically
communicate with the Council and Commissions through the City's Website at:
www.sarato agca.us.
1) E-Communication from the public addressed to the City Council will be
distributed promptly to each Council member and E-Communication addressed to
a Commission will be distributed promptly to each member of the Commission.
E-Communication addressed to the Council or a Commission also will be
forwarded to the City Clerk. To avoid inadvertent violations of the Brown Act
the Mayor, or Mayor's designated representative, in consultation with staff if
necessary, will respond on behalf of the Council to E-Communication addressed
to the Council with a copy to the City Council. The Commission chair or
Commission staff liaison will respond on behalf of the Commission to E-
Communication addressed to the Commission with a copy to the Commission.
2) E-Communication from the public addressed to more than a quorum of the City
Council or Commission shall be forwarded by the recipients to the City Clerk (for
the City Council) or staff liaison for the Commission. These E-Communications
will be distributed and responded to in accordance with paragraph G. 1, above.
3) Upon receipt of an E-Communication addressed to less than a quorum of the City
Council or Commission, the recipient may: 1) treat it as an individual
communication to which he or she may or may not respond; 2) inform the Council
or Commission of the communication at a properly noticed meeting; or 3) ask that
it be forwarded to the full Council or Commission as part of its information
packet for the next available Council or Commission meeting. Such E-
Communication may also be forwarded to staff for response as set out in Section
G, below. When a Council member or Commissioner responds to individual E-
Communication from the public, and desires to forward the response to the
Council or Commission, he or she shall forward his or her response and the
individual E-Communication to the City Clerk or Commission liaison for
inclusion in the Council or Commission's informational packet at the next
available Council or Commission meeting.
H. City Electronic Communications with the Public.
1) City staff will post official information on upcoming and prior City Council and
Commission meetings on the City website in accordance with requirements of the Brown
Act. Council and Commission agendas and minutes will be available on the City website.
2) Additionally, the City will share information about City hosted activities and topics of
community interest through City communication channels, such as the City website and
social media accounts. Information about community events hosted by other
Council and Commission Electronic Communications Policy — Updated July 21, 2021
Page 4 of 5
31
organizations will be shared in accordance with the Community Event Promotion and
Sponsorship Policy. Additional information or materials may be posted at the discretion
of the City Manager or Manager's designee.
I. Use of E-Communication During Meetings. City Council members shall not use E-
Communication at any time during a meeting of the City Council at which he or she is in
attendance. No Commissioner may use E-Communication at any time during a meeting
of the Commission of which he or she is a member at which he or she is in attendance.
The foregoing limitation shall not apply to receipt of telephone calls or text messages
from family members in the event of an urgent family matter; a Council member or
Commissioner wishing to respond to such a message during the meeting shall do so
during a recess or shall excuse him or herself from the meeting to place the return call or
text in a manner that does not disrupt the meeting.
J. City Participation in Internet Forums. The City will not generally answer questions or
respond to comments made in Internet forums other than those shared through the City's
own accounts. The Mayor or City Council may ask staff to conduct outreach on common
topics or questions. If a Council member desires staff to prepare a response to a question
or comment received by E-Communication or made in an Internet forum, the Council and
Commission member may forward the question or comment to the City Manager and
request that staff prepare an appropriate response in a reasonable period of time. If
preparation of a response will require significant staff time to research or draft the
response, an interim response to the questioner or commenter will be sent as soon as
possible acknowledging receipt of the inquiry and informing the sender that a response is
being prepared.
IV. Specific Procedures
A. Retention of E-Mail. The City electronically archives E-communications in accordance
with the City's Records Retention schedule. E-communications that constitute
preliminary drafts, notes, or intra-agency or interagency memoranda that are not retained
by the City in the ordinary course of business are not required to be archived and should
be deleted prior to regularly scheduled archiving. The City Clerk and City Attorney are
available to assist Council members and Commissioners in determining how to address
questions concerning the application of these procedures.
B. Public Records Act. City records, whether paper or electronic, are governed by the
public disclosure requirements of the Public Records Act. Disclosure may be required
regardless of who sends or receives a communication or document. In the event that the
City receives a request for disclosure of City records that includes E-Communication, the
person responsible for the requested records must use his or her best efforts to preserve
all City E-Communication covered by the request until the responsive E-
Communications have been identified. Requests for disclosure of any City records
applicable to E-Communication or other electronic records of any Council member or
Commissioner shall be submitted to the City Clerk.
Council and Commission Electronic Communications Policy — Updated July 21, 2021
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32
C. Confidentiality.
1) California law requires that certain information be treated as confidential and not be
distributed to others inside or outside the City who do not have authorization to view
such information. Council members or Commissioners may occasionally receive
confidential electronic information. Some examples of confidential information are:
personnel records, internal investigations, information relating to litigation or
potential litigation, attorney -client communication, information relating to labor
negotiations, or information relating to confidential real estate negotiations. When
Council and Commission members receive confidential information, it should be
marked "Confidential Information" so that Council and Commission members are
alerted to the nature of the information.
2) Confidential information should not be sent or forwarded to individuals or entities not
authorized to receive that information and should not be sent or forwarded to City
employees not authorized to view such information.
3) Council and Commission members shall exercise caution in sending confidential
information by E-Communication as compared to written memoranda, letters or
phone calls; because of the ease with which such information can lose confidentiality
by inadvertent or intentional diversion or re -transmission by others.
4) The City Attorney should be contacted concerning any questions about whether a
communication is confidential.
V. Compliance with this Policy: It is the responsibility of every Council member and
Commissioner to ensure that he or she is in compliance with this Electronic Communications
Policy.
Council and Commission Electronic Communications Policy — Updated July 21, 2021
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