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Home My WebLink About02-25-2020 Library Commission Agenda PacketSaratoga Library Commission Agenda - Page 1 of 3 SARATOGA LIBRARY COMMISSION REGULAR MEETING February 25, 2020 7:00 P.M. REGULAR MEETING Saratoga Library | 13650 Saratoga Avenue, Saratoga, CA 95070 ROLL CALL ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the Library Commission for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the Library Commission from discussing or taking action on such items. The Library Commission may choose to place the topic on a future agenda. AGENDA ITEMS 1. Library Commission Minutes Recommended Action: Review and approve the Library Commission minutes from August 27, 2019 meeting. 2. Saratoga Library Teen Advisory Board Report Recommended Action: Receive report from the Teen Advisory Board. 3. Selection of Chair and Vice Chair Recommended Action: Select new Chair and Vice Chair to serve October 2019 through September 2020. The Chair and Vice Chair serve a term of 1 year. Each Commissioner may only serve as Chair or Vice Chair once during a 4-year term on the Commission. 4. Commission Handbook Recommended Action: Receive presentation from City Clerk Debbie Bretschneider on the City of Saratoga Commission Handbook. Saratoga Library Commission Agenda - Page 2 of 3 5. 2020 Library Commission Work Plan Recommended Action: Finalize the proposed 2020 work plan. Commission work plans are scheduled to be presented to the City Council for consideration at the Commission Work Plan Study Session on March 9, 2020 at the Saratoga Senior Center. 6. 2020 Library Commission Meeting Schedule Recommended Action: Review the Library Commission’s 2020 regular meeting schedule. 7. New Library District Website Recommended Action: Receive presentation on the new Santa Clara County Library District website. 8. Community News & Trends Recommended Action: Share news and trends within the community. REPORTS 1. Santa Clara County Library District 2. Saratoga Community Library 3. Friends of the Saratoga Libraries 4. Library Commission Chair 5. City of Saratoga SUMMARIZE ACTION ITEMS AGENDA ITEMS FOR NEXT MEETING ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF AGENDA PACKET, & COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Crystal Bothelio, Assistant City Manager for the City of Saratoga, declare that the foregoing agenda for the meeting of the Library Commission was posted and available for review on February 20, 2020 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 20th day of February 2020 at Saratoga, California. Saratoga Library Commission Agenda - Page 3 of 3 Crystal Bothelio, Assistant City Manager In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Library Commission by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the Library Commission. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408.868.1294 or npimentel@saratoga.ca.us. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 5.102-35.104 ADA title II] City of Saratoga Library Commission MEMBERSHIP Name Term End Eric Lewis 9/30/2020 Steven White, Monte Sereno Representative 9/30/2021 Robert Gulino, Vice Chair 9/30/2021 Christina Meiser 9/30/2022 Vacant 9/30/2023 Staff: Crystal Bothelio, City of Saratoga | 408.868.1269 | cbothelio@saratoga.ca.us RESPONSIBILITIES, DUTIES, & RELATIONSHIPS – RESOLUTION 19-052 RESPONSIBILITIES The Library Commission shall serve as a senior advisory and liaison body. Its basic responsibilities shall include the following: 1. Provide counsel and recommendations on Library policies, budgets, plans and procedures to the Saratoga City Council, the City staff, and the Santa Clara County Library staff and Saratoga Community Librarian. 2. Identify and bring to the attention of the City Council, the City staff, and the Santa Clara County Library staff (as appropriate) current and prospective issues and questions relating to Library operation. 3. Participate, along with other appropriate governmental units, in explaining and interpreting matters pertaining to Library operation to Library users, Library support groups, and the general public. 4. Perform such other activities as may be directed by the Saratoga City Council. DUTIES In carrying out its basic responsibilities, the Library Commission shall perform the following duties: 1. Hold formal meetings as required (see preceding Section on "Administration”). 2. Maintain communications with the City Council, City staff, Santa Clara County Library staff, and the Saratoga Community Librarian on matters related to Library services. 3. Outreach to different community groups to inform them of library services and to receive suggestions on improving Library operation. 4. Maintain within the Commission a continuity of knowledge of the Library, its operation and its problems. 5. Keep generally informed on technical developments that could have a bearing on the Library's operation. 6. Provide support and/or advice on events related to the Library. 7. Work with "Friends of the Saratoga Libraries" and other support groups as may be desirable in the planning of their activities. 8. Engage the Saratoga Teen Advisory Board in matters concerning use of the Library and programs. RELATIONSHIPS 1. The Library Commission shall report to and be responsible to the Saratoga City Council. The City Manager is authorized to appoint a City staff member to serve as a liaison representative between the Council, staff and the Library Commission on administrative matters. 2. The Library Commission shall have no administrative authority over the Library's operation, or activities of City staff. 3. The Library Commission shall have authority to call meetings, conduct hearings, perform analysis and make contacts with various interested parties in carrying out its basic responsibilities. 4. The Library Commission may act on its own initiative, based on its own assessment of needs, or upon request from other interested parties such as the City Council, the City staff, and the Santa Clara County Library staff. AGENDA PLANNER The holds regular meetings on the 4th Tuesday of even-numbered months at 7:00 p.m. at the Saratoga Library and may schedule special meetings or cancel meetings as needed. MEETING AGENDA ITEMS REPORTS February 25, 2020 • Minutes • Selection of Chair and Vice Chair • Commission Handbook • Finalize 2020 Work Plan • 2020 Regular Meeting Schedule • New Library District Website • Community News & Trends • Summarize Action Items • Library District • Saratoga Library • Friends of the Saratoga Libraries • Teen Advisory Board • Commission Chair • City March 9, 2020 6:00 p.m. Commission Work Plan Study Session Saratoga Senior Center, 19655 Allendale Avenue April 28, 2020 • Minutes • Community News & Trends • Library District • Saratoga Library • Summarize Action Items • Friends of the Saratoga Libraries • Teen Advisory Board • Commission Chair • City April 29, 2020 6:00 p.m. Commission Recognition Dinner Saratoga Senior Center, 19655 Allendale Avenue June 23, 2020 • Minutes • Community News & Trends • Summarize Action Items • Library District • Saratoga Library • Friends of the Saratoga Libraries • Teen Advisory Board • Commission Chair • City August 25, 2020 • Minutes • Community News & Trends • Summarize Action Items • Library District • Saratoga Library • Friends of the Saratoga Libraries • Teen Advisory Board • Commission Chair • City October 27, 2020 • Minutes • Selection of Chair and Vice Chair • Commission Handbook • Consider 2020 Work Plan • Community News & Trends • Summarize Action Items • Library District • Saratoga Library • Friends of the Saratoga Libraries • Teen Advisory Board • Commission Chair • City December 22, 2020 • Minutes • Finalize 2020 Work Plan • Community News & Trends • Summarize Action Items • Library District • Saratoga Library • Friends of the Saratoga Libraries • Teen Advisory Board • Commission Chair • City 2019 COMMISSION WORK PLAN KEY POINTS OF WORK PLAN 1. Support library events and programs 2. Promote library events and programs; engage in information sharing with library and public 3. Identify continuing opportunities to partner with West Valley College 4. Help increase the number of residents with library cards TOPICS IN DETAIL 1. Support library events and programs a) Attend library events as Commissioners and/or participants (eg, Silicon Valley Reads programs, trivia events, etc.) b) Volunteer to assist library staff at library events (for example, Junior Achievement) c) Volunteer at outreach programs (eg, Saturday Farmers Market, Movie Nights, Blossom Festival) to increase number of card holders to 85% of Saratoga and Monte Sereno residents d) Invite the City Council to and share information about library and Library Commission programs, events, and activities with the City Council 2. Promote library events and programs; engage in Information sharing with the library and the public a) Brainstorm with Diane Roche (County marketing person) on ways to promote Library events and programs b) Spread awareness via our networks of library events and offerings and encourage attendance (for example, post in Nextdoor Saratoga, post on Facebook page, tell our Book Clubs, etc.) c) Update Saratoga News of upcoming library events d) Write an article for Saratoga Source (monthly e-newsletter) or Saratoga Newspaper to feature library program(s) e) Provide recommendations to library staff at Commission meetings. This would include ideas for programs that our community is interested in (eg, 3D printing); new trends, and upcoming community events where outreach might occur f) Attend annual Friends and Commissioner forum g) Visit other County Library Commission and JPA meetings h) Work with Friends of the Saratoga Libraries to promote and cross promote events and activities 3. Identify continuing opportunities to partner with West Valley College a) Work on 2018 – 2019 Coral Reef Crochet Project (schedule viewing of Chasing Coral at Library, encourage crochet circles, attend seminars, help with displays), with West Valley College taking the lead on this effort 4. Help increase the number of residents with library cards a) Volunteer at outreach programs b) Target Monte Sereno residents CITY OF SARATOGA Memorandum To: Library Commission From: Crystal Bothelio, Assistant City Manager Date: February 25, 2020 Subject: Commission Handbook The City of Saratoga Commission Handbook was recently updated. City Clerk Debbie Bretschneider will be attending the Library Commission Meeting to provide an overview of the handbook, which provides information about the functions and responsibilities of a Commissioner. A copy of the handbook is attached. COMMISSION HANDBOOK CITYO F S ARAT OGAC ALIF O R N IA1956 Office of the City Clerk 13777 Fruitvale Avenue • Saratoga, CA • 95070 Phone: (408) 868-1294 • Fax: (408) 868-1294 Revised 2019 City of Saratoga Commissioner Handbook – Page 1 Table of Contents The City of Saratoga Welcomes You ....................................................................................................................... 3 About Saratoga’s Commissions ................................................................................................................................. 4 Heritage Preservation Commission ................................................................................................................. 4 Library Commission ............................................................................................................................................... 4 Parks and Recreation Commission .................................................................................................................. 4 Planning Commission ........................................................................................................................................... 5 Traffic Safety Commission .................................................................................................................................. 5 Youth Commission ................................................................................................................................................ 5 Commission Administration & City Policies ......................................................................................................... 6 Eligibility .................................................................................................................................................................... 6 Application and Selection Process .................................................................................................................. 6 Terms .......................................................................................................................................................................... 7 Oath of Office .......................................................................................................................................................... 7 Form 700 Statement of Economic Interests ................................................................................................. 7 Saratoga Code of Ethics and Values ............................................................................................................... 7 Attendance Requirements .................................................................................................................................. 7 Resignation ............................................................................................................................................................... 8 Removal ..................................................................................................................................................................... 8 Use of Title or City Resources for Non-City Business ............................................................................... 8 Participation in Political Activities .................................................................................................................... 8 Expression of Opinions by Commissioners .................................................................................................. 9 Compensation ......................................................................................................................................................... 9 Commission Budget .............................................................................................................................................. 9 Reimbursement ...................................................................................................................................................... 9 E-Communications ............................................................................................................................................ 10 Regular Meetings ................................................................................................................................................ 10 Special Meetings ................................................................................................................................................. 10 Agenda .................................................................................................................................................................... 10 Agenda Packets ................................................................................................................................................... 10 Quorum................................................................................................................................................................... 11 Minutes ................................................................................................................................................................... 11 City of Saratoga Commissioner Handbook – Page 2 Saratoga Rules of Parliamentary Procedure ............................................................................................. 11 Public Hearings .................................................................................................................................................... 11 Public Comment .................................................................................................................................................. 12 Length of Meetings ............................................................................................................................................ 12 Meeting Decorum ............................................................................................................................................... 12 Effective Meetings .............................................................................................................................................. 14 Role of the Chair.................................................................................................................................................. 14 Working Relationships ............................................................................................................................................... 16 Working with Other Commission Members ............................................................................................. 16 Working with City Staff ..................................................................................................................................... 16 Working with the City Council ....................................................................................................................... 16 Commission Work Plans ................................................................................................................................... 17 Working with the Public ................................................................................................................................... 17 Effective Conflict Management ..................................................................................................................... 17 Ethics, Public Records, and Open Meeting Laws .............................................................................................. 19 Political Reform Act and Conflicts of Interest .......................................................................................... 19 California Public Records Act ......................................................................................................................... 21 The Brown Act ...................................................................................................................................................... 21 Government in Saratoga ........................................................................................................................................... 23 Role of the City Council .................................................................................................................................... 23 Council-Manager Form of Government ..................................................................................................... 23 Appendix ......................................................................................................................................................................... 27 City of Saratoga Commissioner 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 can 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. Service to the City 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. City of Saratoga Commissioner Handbook – Page 4 About Saratoga’s Commissions The City Council is assisted by six Commissions: Heritage Preservation Commission, Library Commission, Parks 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 to make recommendations to the Council. The City’s Commissions play 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. However, the Planning and Heritage Preservation Commissions are authorized to make decisions on certain types of development applications. These decisions may be appealed to the City Council. Most of the City’s Commissions are comprised of five or seven members. The Library, Heritage Preservation, and Parks Commissions have five members. The Planning Commission and Traffic Safety Commission have seven members. The Youth Commission has a total of eleven members, who are Saratoga residents in school grades seven through twelve. Heritage Preservation Commission The Heritage Preservation 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, lanes, district designations, and heritage trees to the City Council. Library Commission The Library Commission serves as an advisory body on library policies, budgets, plans, and procedures to the City Council, City staff, and the Santa Clara County Library staff. The Library Commission has no administrative authority over the library’s operations but may 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. 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. City of Saratoga Commissioner Handbook – Page 5 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, major design reviews, and other planning approvals. 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. Youth Commission The Youth Commission works to enhance the wellbeing of local youth, offer positive influences on 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. City of Saratoga Commissioner Handbook – Page 6 Commission Administration & City Policies This section of the handbook describes the process of being selected for a Commission and includes information on a range of issues that typically arise while serving on a Commission. Eligibility All applicants must be registered voters in the City of Saratoga. However, there are several exceptions to this requirement. One member of the Library Commission must be a Monte Sereno resident nominated by the Monte Sereno City Council; and Youth Commissioners are not required to be registered voters. For the Heritage Preservation Commission, one member is nominated by the Saratoga Historical Foundation and a minimum of two members shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology, or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. All members must be registered voters in Saratoga. Youth Commissioners must be residents of Saratoga in grades 7 through 12. To be considered for appointment, applicants must be eligible to serve a full 2-year term. Consequently, Saratoga residents that will be in the 12th grade during their first year on the Commission are not eligible to apply. Elected officials and City employees may not serve on any City Commission. Membership on City Commissions is also limited to service on one Commission at any one time. Prior to their interview with the City Council, applicants must first attend a meeting of the Commission for which they are applying. Application and Selection Process When a vacancy occurs on a Commission, information about the recruitment is posted on the City’s website to solicit applications. Applicants are required to complete the application and supplemental questionnaire and submit both forms to the City Clerk’s Office by the given 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 Linda Callon Conference room prior to the 7:00 p.m. Council Meeting. The Mayor or City Clerk will notify the applicants of the results the day after the interviews. City of Saratoga Commissioner Handbook – Page 7 Terms The regular term length of most of the Commissions is 4 years. Members of the Youth Commission are appointed to 2-year terms. Additionally, Youth Commissioners may not serve consecutive terms. All other Commissioners may serve two consecutive four-year terms and may only be appointed again to that Commission after at least one year following the expiration of his or her term. A partial term served because 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. Staggering of terms does not apply to the Youth Commission. 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 duties. 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. Commissioners can also take the Oath of Office with the City Clerk during regular office hours. Form 700 Statement of Economic Interests All Commissioners, except members of the Youth Commission, must file the Fair Political Practices Commission’s (FPPC) Form 700 Statement of Economic Interests within 30 days of taking the oath of office. Additionally, all Commissioners are required to file the Form 700 annually (usually due the first week of April) and within 30 days of leaving office. The City Clerk provides each new Commissioner with a user name and password to file the Form 700 electronically. Additional information about the Form 700 is provided later in the 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 in the appendix. Attendance Requirements If a Commissioner is absent without permission of the Chair (or in the case of the Chair, permission from the Mayor) from three regular Commission meetings within a 12-month period, the Commissioner’s position becomes vacant and is filled as any other vacancy. A Commissioner City of Saratoga Commissioner Handbook – Page 8 removed from his or her position in this manner may request that the vacancy be excused by filing a letter with the City Clerk within 30 days of the effective date of the vacancy. It should be noted in the minutes if a Commissioner’s absence is excused. Any Youth Commissioner who misses more than 3 regular meetings during a single academic school year will be automatically removed from the Commission. If this occurs, a member of the Youth Commission may appeal the removal to the City Council. Resignation Members wishing to resign from their Commission prior to the expiration of their term should submit a letter to the City Council stating their intention and the effective date of the resignation. 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 Council Members, 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 or refrain from specific action. (Government Code 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 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 3205.5) Accept, solicit, or direct a campaign contribution of more than $250 from any applicant or others with a financial interest participating in a proceeding on a license, permit, or other entitlement before the Commission while the proceeding is under consideration or within 3 months following the date of the final decision. If a Commissioner receives a contribution of more than $250 from City of Saratoga Commissioner Handbook – Page 9 an applicant or others with a financial interest in a proceeding on a license, permit, or other entitlement in the 12 months before the proceeding, then the candidate must disclose the contribution and cannot participate or in any way influence the decision on the proceeding. (Government Code 84308) Expression of Opinions by Commissioners In accordance with the City Council Norms of Operation, 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. Individual members of Commissions may not represent their personal opinions or recommendations as 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 should clearly state that their opinions are being expressed as their personal views. The Chair is welcome to attend Council meetings and may make a report about the Commission but should note that the report is being made in his or her personal capacity and not as a Commission member unless the Commission has specifically authorized the report. 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 Commission operational expenses and revenues (including donations) 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. City staff oversees the Commission’s budget. A copy of the City’s Donation Policy is included in the appendix. Reimbursement In March 2015, the City Council adopted the Council and Commission Expense Policy. This policy describes how City funds can be used by Commissioners for training and travel purposes. A copy of the policy is included in the appendix. Commissioners who receive stipends or reimbursements are required to participate in Assembly Bill (AB) 1234 ethics training described in the following section on ethics, public records, and open meeting laws. Commissioners should work with their staff liaison to process reimbursements. City of Saratoga Commissioner Handbook – Page 10 E-Communications All Commissioners use their personal email for City business and must include their staff liaison on all City business emails. For the public to get in touch with Commissioners, there is a web page link for the public to use. State law prohibits discussion or exchange of facts among Commissioners about Commission issues via e-communications. This may include email, online forums, social media, or blogs. This ensures that the public and all Commissioners have an equal opportunity to express and hear all views. Additionally, use of e-communications (for example, use of a phone, sending emails, or text messaging) is prohibited during meetings. This does not include telephone calls or other messages sent in the event of an urgent family matter. 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 brief 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. Agenda Commission meetings are governed by an agenda. The agenda for the meetings is prepared by the Chair and the staff person supporting the Commission. Commissioners may propose additions to a future agenda at the end of a Commission meeting. A second Commissioner must concur with the request. A Commissioner may also request an item be placed on a future agenda by speaking with the Chair. 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. Agenda Packets Agenda 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 regular meeting. Commissioners should review these packets prior to each meeting and contact staff with questions. City of Saratoga Commissioner Handbook – Page 11 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 may not take any action. The City Code requires most actions to be approved by the majority of the total Commission to pass (as opposed to majority of members present), even if not all members of the Commission are present. Minutes Action minutes of all Commission meetings are prepared by City staff. Minutes are presented at a subsequent Commission meeting for approval by the Commissioners. A Commissioner’s absence from the meeting for which the minutes are being approved does not prevent the member from participating in their correction or approval. 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. Saratoga Rules of Parliamentary Procedure The City Council and Commissions follow the Saratoga Rules of Parliamentary Procedure. The City’s rules are based on Rosenberg’s Rules of Order, a simplified version of rules of parliamentary procedure. The rules were adopted as part of the City Council Norms of Operation. A copy of the rules of order is included at the end of the Norms (which is included in the appendix). 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 that typically hold 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: 1. Staff provides an overview of the proposal and responds to any questions raised by the Commission 2. Commissioners ask questions of staff and note any relevant facts not included in the staff report or other written materials provided to the Commission 3. The Chair opens the Public Hearing City of Saratoga Commissioner Handbook – Page 12 4. If the matter is an appeal, the appellant and/or representative gives opening remarks for up to 10 minutes; if the appellant is not the applicant then the applicant and/or representative gives opening remarks for up to 10 minutes 5. Members of the public are each allowed up to 3 minutes to express their opinions If the matter is an appeal, the appellant and/or representative gives closing remarks for up to 5 minutes (if the appellant is not the applicant, the applicant and/or representative gives closing remarks before the appellant’s closing remarks). 6. The Chair closes the Public Hearing, if the Commission has additional questions for the appellant or applicant after closing the public hearing then the other party must be given the opportunity to respond 7. Commissioners discuss and deliberate on item 8. Commission takes action Public Comment Any member of the public may comment on any item on the agenda. At every regular meeting, members of the public may address the Commission regarding items within the Commission’s jurisdiction that are not 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. If the Commission wishes to discuss an item raised during public comment, the topic should be agendized for a future meeting. Length of Meetings In 2013, the City Council adopted a resolution (included in the appendix) establishing guidelines for the length of City Council and Commission meetings. The goal of the guidelines is to prevent meetings from extending beyond midnight. If a meeting runs till 10:00 p.m., the presiding officer should determine if the meeting will continue past midnight if all items on the agenda are heard. If the presiding officer believes that the meeting will not adjourn by midnight then the presiding officer should request a motion to continue a sufficient number of agenda items to the next regular meeting to allow the meeting to conclude by midnight. Meeting Decorum The City Council Norms of Operation (included in the appendix) provide some standards for meeting decorum that minimize disruptions and maintain a respectful environment. A summary of some of the meeting decorum standards is below: City of Saratoga Commissioner Handbook – Page 13 • Persons in the audience shall be respectful of others and will refrain from behavior which will disrupt the public meeting. This includes refraining from: o Using electronic devices except in connection with the meeting; o Making loud noises, clapping, shouting, booing, hissing during public testimony and Council consideration of policy matters; o Engaging in any activity in a manner that disturbs, disrupts or impedes the orderly conduct of the meeting; and o Creating, provoking or participating in any type of disturbance involving unwelcome physical contact. • Interactions between the public and the Commission shall be courteous and respectful. o The public may not make any belligerent, personal, impertinent, irrelevant, redundant, slanderous, loud, threatening, abusive or disparaging remark, statement or commentary toward the Commission, staff or other individuals in a manner which disrupts, disturbs or otherwise impedes the orderly conduct of the meeting. o Any violation of this rule shall be grounds for terminating the person’s comment period. If a member of the public fails to follow these rules after being warned once, the Commission may bar that individual from further testimony for the evening or remove the person from the meeting. o The Commission shall not be belligerent or make disparaging commentary toward any speaker. o Nothing in this section shall prohibit or discourage orderly criticism of any City decision or policy within the limits of these rules. • During meetings, Commissioners should limit their use of computers or electronic devices 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). Commissioners should not base decisions on information acquired through the internet during a meeting unless the information and its source is shared with the entire Commission and the public as part of the meeting before the decision is made. • All materials presented to the Commission, including written materials are public records subject to inspection in accordance with applicable laws. City of Saratoga Commissioner Handbook – Page 14 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 will help ensure meetings are constructive: • Review the meeting agenda and informational packet prior to each meeting • Commissioners may speak with staff in advance of the meeting to request additional information or seek clarification • Prepare to handle sensitive matters in a positive way • Stick to the agenda • 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 or Vice Chair of the same Commission more than once during a single term on the Commission. 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 announce 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 City of Saratoga Commissioner Handbook – Page 15 • Execute documents that have been approved by the Commission • Represent the Commission at meetings when authorized by a majority of the Commission (or when requested by the City Council as long as the Chair notes that the views expressed are personal) • Work with staff assigned to the Commission to create meeting agendas • Determine whether Commissioner absences are excused or unexcused The Chair and staff should be in contact prior to each regularly scheduled meeting to review and discuss the agenda. If 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. City of Saratoga Commissioner Handbook – Page 16 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, just as Commissions serve the Council. Staff members are selected based on 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. 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 on 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. If a conflict or concern with the staff assigned to the Commission develops, Commissioners may speak with the staff member’s department director and/or the City Manager. Working with the City Council The primary goal of all City Commissions is to serve the City Council in an advisory capacity on specific topics or functions. The Council possesses the ultimate political and legal responsibility for the conduct of local government and the overall welfare of the community. Given the advisory nature of the City’s Commissions, Commissions may not take positions on legislation, measures, or political matters. However, for matters within a Commission’s jurisdiction and to the extent consistent with the Commission’s work plan, a Commission may make a recommendation to the City Council by majority vote on a formal agenda item at a properly noticed meeting. The City Council Norms of Operation provide that 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. There are times when the City Council may not choose to accept 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 City of Saratoga Commissioner Handbook – Page 17 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. Commission Work Plans Generally, the City Council will review and provide authorization for Commission work plans once a year. The City’s Commissioners serve under the direction of the City Council and therefore must be authorized by the City Council to initiate new efforts or assignments outside of Commission’s assigned role and responsibilities. Working with the Public Commissions, as well as individual Commission members, serve as liaisons between the City and the 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. Creating a non-threatening atmosphere where members of the public are free to express their views without fear of ridicule or belittlement can help make Commission meetings a place where residents feel comfortable sharing their thoughts. Additionally, Commission members that demonstrates fairness and professionalism to the public, staff, and their colleagues contribute to an open exchange of thoughts. 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 in a manner that disrupts the orderly conduct of the meeting may be barred from further attendance at the meeting by the Commission or by the Chair. An individual that has been barred may not return for the remainder of the meeting unless permission is granted by a majority vote of the Commission. Effective Conflict Management Commission meetings are sometimes difficult to manage. On occasion, meeting attendees may be highly emotional, have a strong interest in an item or issue, or may be nervous. There may be residents with strongly differing views. As a Commissioner, 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 • Administer the meeting rules fairly, set the rules early, and make sure everyone abides by those rules without exception • Explain the purpose of the meeting City of Saratoga Commissioner Handbook – Page 18 • 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 facilitates follow-up by staff or Commissioners) • Set an acceptable time limit for testimony (generally 3 minutes per speaker, though this may be reduced by a vote of the Commission if there is a large 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, 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 decide on the issue • Once testimony has ended, invite Commissioners to discuss their views City of Saratoga Commissioner Handbook – Page 19 Ethics, Public Records, and Open Meeting Laws Once appointed, there are several State laws that Commissioners must comply with. Some of the most significant State laws include the Political Reform Act, Public Records Act, and the Brown Act. The following is a summary of their key requirements. Additional information is included in the appendix. Political Reform Act and Conflicts of Interest The Political Reform Act is intended to prevent potential economic conflicts of interest. The law requires that most state and local government officials disclose their personal income and assets, as well as disqualify themselves from participating in decisions that may impact their personal economic interests. The law requires that local elected officials, key staff, and Commissioners (except Youth Commissioners) in Saratoga must annually disclose their economic interests through the Form 700 – Statement of Economic Interests. Using the Form 700, public officials 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. The Form 700 is public record. Any member of the public is permitted to inspect and copy any statement during normal business hours. Commissioners must return a completed Form 700 - Statement of Economic Interests to the City Clerk at the following times: • Assuming office statements must be filed within 30 days after assuming office. • Annual statements must be filed no later than 5:00 p.m. typically due the first week of April 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. 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 City of Saratoga Commissioner Handbook – Page 20 • The effect of the decision on the official’s financial interest will be distinguishable from its effect on the public generally. In some circumstances, a conflict may arise from an economic interest that was not required to be listed on the official’s Form 700. Commissioners should consider all their economic interests in deciding whether a decision presents a conflict of interest. This is a summary of a 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 exist 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 generally must leave the room in which the meeting is being held. The minutes will reflect the Commissioner’s stated conflict and recusal. 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 generally may not discuss the matter creating the conflict with a member of the City staff, other Commissioners involved in the decision, 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. Additionally, State law also requires members of local legislative bodies that receive any type of compensation, salary, stipend, or reimbursement for expenses from the local agency, to participate in a minimum of 2 hours of ethics training every two years. Because Planning Commissioners receive a stipend, they are required to participate in ethics training every two years. Commissioners who wish to receive reimbursement for reimbursable expenses must also complete the training. The City Clerk is responsible for maintaining ethics training records and notifying individuals subject to ethics training when their certification expires. City of Saratoga Commissioner Handbook – Page 21 California Public Records Act The California Public Records Act was adopted in 1968 and allows any member of the public to inspect local government records. While there are a few exceptions to the law, the public may generally request any public record. Government Code Section 6252 defines public records as “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, emails, 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. 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 in the appendix. The Brown Act Passed in the 1950s, the Brown Act guarantees the public’s right to attend and participate in the meetings of local legislative bodies. The State law requires that: • Meetings of a legislative body, including City Commissions, are properly noticed and open to the public; • Members of the public can comment on all agenda items and at all regular meetings on items not on the agenda; and • The legislative body conducts votes (except those permitted to take place in closed session) in a public meeting. Essentially, the Brown Act requires that 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 Brown Act also requires that Commission meetings be held in a facility that is accessible to handicapped individuals. 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 email) 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 Commission business is not discussed as part of the meeting or in breaks): (1) meetings or conferences on general issues that are not City City of Saratoga Commissioner Handbook – Page 22 specific; (2) meetings organized by others to address topic(s) of local community concern; and (3) social or ceremonial functions. Regular agendas must include opportunities for public input. A public comment period is allowed at the beginning portion of each regular meeting when members of the public may speak to any relevant topic that is not on the agenda for that meeting. 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. Additionally, 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. 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. 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/. City of Saratoga Commissioner Handbook – Page 23 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. Role of the City Council 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 special powers or authority; 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 oversees the general operations of the City. In addition to supporting the City Council and Commissions, the City Manager’s Department manages the contracts for law enforcement and legal services. This department is also responsible for coordinating intergovernmental relations, various community engagement efforts, and communications. City Clerk: The City Clerk is part of the City Manager’s Office. The Clerk creates the City Council agendas, minutes, and attests to the Resolutions and ordinances. The Clerk is also the election official for the City of Saratoga. The Clerk oversees the Commission recruitments. City of Saratoga Commissioner Handbook – Page 24 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 Finance & Administrative Services Department: The Finance and 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; administers payroll and accounts receivable; provides human resources services to the City; and oversees information technology responsibilities. 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 consists of the Planning Division, Building Division, and Code Compliance. 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 Division is responsible for issuing building permits and conducting construction inspections, as well as overseeing enforcement of the City Code and processing business licenses. The Facilities Division manages City owned facilities including: the Civic Theater, the Community Center, the Senior Center, the Warner Hutton House, and Saratoga Prospect Center. The Facilities Maintenance Division also provides custodial service and maintenance to all City owned buildings. 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 and maintains City streets, parks, storm drains, medians, sidewalks, traffic control systems, and equipment. City of Saratoga Commissioner Handbook – Page 25 Other Local Services: Many of the City’s services are provided through other local agencies and special districts and agencies. For example, there are 2 fire protection districts in the City of Saratoga that are responsible for fire protection services. Santa Clara County Fire Department oversees implementation of these services. Law enforcement services are provided by contract by the Santa Clara County Sheriff’s Office. The City has contracted out law enforcement services to the Sheriff’s Office since the City’s incorporation. Below is a list of some of the service providers in Saratoga. • State of California • County of Santa Clara • PG&E • San Jose Water Company • West Valley Solid Waste Management Authority • West Valley Clean Water Program Authority • Valley Transit Authority • Silicon Valley Clean Energy Authority • Fire Districts (Santa Clara County and Saratoga Fire Protection) • Santa Clara County Library District • Sanitation Districts (West Valley and Cupertino) • School Districts • Santa Clara Valley Water District • Madronia Cemetery District • Midpeninsula Open Space District City of Saratoga Commissioner Handbook – Page 26 City Organization: Below is a visualization of the City of Saratoga’s structure. Electorate City Council City Commissions City Manager City Manager's Department Finance & Administrative Services Community Development Public Works Law Enforcement City Attorney City of Saratoga Commissioner Handbook – Page 27 Appendix Council Norms of Operation (includes Saratoga Rules of Order) Meeting Length Guidelines Action Minutes City of Saratoga Conflict of Interest Code City of Saratoga Code of Ethics and Values Council and Commission Expense Policy Donation Policy Recognizing Conflicts of Interest: A Guide to the Conflict of Interest Rules of the Political Reform Act The People’s Business: A Guide to the California Public Records Act Open & Public V: A Guide to the Ralph M. Brown Act 1103458.1 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. 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. 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. 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 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. 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 • 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. • 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 • 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. 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. 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. 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.” 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 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 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. 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. 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 Recognizing Conflicts of Interest A Guide to the Conflict of Interest Rules of the Political Reform Act Fair Political Practices Commission August 2015 Conflicts of Interest 1 This guide is provided by the Fair Political Practices Commission (FPPC) as a general overview of a public official’s obligations under the conflict of interest rules provided for in the Political Reform Act (the Act).1 It is intended to help the user spot situations and issues that may give rise to a conflict. The guide will provide answers to some of the more common questions:  What is a conflict of interest under the Act?  Who must be vigilant about conflicts of interest?  What precautions can be taken to prevent conflicts?  A conflict of interest exists, what now?  Where to go for help? A word of caution - officials should not rely solely on this guide to ensure compliance with the Act, but should also consult the statutes of the Act, the FPPC’s regulations, and if necessary, seek legal advice. What is a conflict of interest under the Act? In 1974, the voters enacted the Political Reform Act.2 In adopting the Act, the voters recognized that conflicts of interest in governmental decision-making by public officials posed a significant danger. “The people find and declare ... a) State and local government should serve the needs and respond to the wishes of all citizens equally, without regard to their wealth; b) Public officials, whether elected or appointed, should perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them....”3 Under the Act, a public official will have a statutory conflict of interest with regard to a particular government decision if it is foreseeable that the outcome of the decision will have a financial impact on the official’s personal finances or other financial interests.4 In such cases, there is a risk of biased decision-making that could sacrifice the public’s interest in favor of the official’s private financial interests. In fact, preventing conflicts of interest was of such vital importance to the voters that the Act not only prohibits actual bias in decision-making but also “seeks to forestall ... the appearance of possible improprieties.”5 Conflicts of Interest 2 Who must be vigilant about conflicts of interest? Public Officials: The reach of the Act’s conflict of interest rules is commonly misunderstood or understated. The Act applies to all “public officials,” which is defined as “every member, officer, employee or consultant of a state or local government agency.”6 It is universally recognized that certain elected public officials, such as city councilmembers, city managers and city attorneys, must refrain from decision-making where a conflict of interest exists. These persons hold high-level positions of trust in government. However, the Act’s conflict of interest prohibition reaches much further than high-level state and local officials. The Act’s conflict of interest disclosure and disqualification rules apply to thousands of local and state public employees and officials working throughout California. The Public: The Act relies on individual citizens to monitor the decision-making of their elected and appointed representatives to identify whether they have a conflict of interest with respect to a specific decision. Much of the enforcement of the Act’s conflict of interest provisions is based on citizen complaints.7 What precautions can be taken to prevent conflicts of interest? In order to prevent a conflict of interest, a public official should: 1) identify and fully disclose the financial interests that may cause a conflict; 2) understand the different types of financial interests that may be the basis for a conflict; and 3) consider whether the decision’s effect on the official’s financial interest is reasonably foreseeable and material. Each step is discussed in greater detail below. 1. Identify and fully disclose the financial interests that may cause a conflict. Public Officials: The most important thing an official can do to comply with this law is to recognize the types of interests from which a conflict of interest can arise. By learning to recognize these interests, an official will be able to spot potential problems and seek help from the agency’s legal counsel or from the FPPC. In fact, officials can take steps to protect themselves and the public from conflict of interest decisions well in advance of making a specific governmental decision. The Act requires that public officials annually disclose their financial interests on a Form 700 (Statement of Economic Interests). This is a requirement because the voters who enacted the law recognized that an important purpose of the Act was to ensure adequate disclosure: Conflicts of Interest 3 “Assets and income of public officials which may be materially affected by their official actions should be disclosed and in appropriate circumstances the officials should be disqualified from acting in order that conflicts of interest may be avoided.”8 The financial interests disclosed include many of the interests that form the basis for a conflict and require disqualification under the Act. No one has a conflict of interest under the Act on general principles or because of personal bias regarding a person or subject – conflicts under the Act are based on financial interests. By thoroughly completing the Form 700, the official is on notice of the type of financial interests he or she holds that may cause a conflict of interest. If the official has no interests that governmental decisions can financially affect, the official will not have a conflict of interest. The Public: Requiring officials to publicly disclose their financial interests allows the general public to monitor an official’s conduct. In other words, any individual citizen can obtain a copy of the Form 700 filed by their local or state official to determine whether the official has a conflict of interest with respect to a specific decision. This serves as an important enforcement mechanism for the Act’s disqualification requirements. 2. Understand the different types of financial interests that may be the basis for a conflict. There are five types of interests9 that may result in disqualification:  Business Investment, Employment or Management. An official has a financial interest in a business entity in which the official, or the official’s spouse, registered domestic partner, or dependent children or an agent has invested $2,000 or more.10 An official also has a financial interest in a business entity for which the official is a director, officer, partner, trustee, employee, or holds any position of management.  Real Property. An official has a financial interest in real property in which the official, or the official’s spouse, registered domestic partner, or dependent children, or an agent has invested $2,000 or more, and also in certain leasehold interests of terms of more than a month (excluding a month-to-month lease and leases for terms of less than a month).11  Sources of Income. An official has a financial interest in anyone, whether an individual or an organization, from whom the official has received (or from whom the official has been promised) $500 or more in income within 12 months prior to the decision. A “source of income” includes a community property interest in the spouse’s or registered domestic partner’s income. Therefore, a person from Conflicts of Interest 4 whom the official’s spouse or registered domestic partner receives income of $1,000 or more, such that the official’s community property share is $500 or more, may also be a source of a conflict of interest.12 In addition, if the spouse, registered domestic partner or dependent children own 10 percent of more of a business, the official is considered to be receiving “pass-through income” from the business’s clients. In other words, under such circumstances, the business’s clients may be considered sources of income to the official as well.  Gifts. An official has a financial interest in anyone, whether an individual or an organization, who has given gifts to the official that total $460 or more13 within 12 months prior to the decision.  Personal Finances. An official has a financial interest in decisions that affect the official’s personal expenses, income, assets, or liabilities, as well as those of the official’s immediate family. This is known as the “personal financial effects” rule. 3. Consider whether the decision’s effect on the official’s financial interest is reasonably foreseeable and material. The next steps all focus on the specific governmental decision in question. At the heart of deciding whether an official has a conflict of interest in a specific decision is determining whether an effect on the financial interest is reasonably foreseeable (might realistically happen or is too remote a possibility) and is material (financially important enough). Determining whether a decision’s effects are foreseeable and material will depend on the nature of the specific decision and the relationship of the official’s interest to the effects of the governmental decisions. Quick Tip: Not all of the financial interests that may cause a conflict of interest are disclosed on a Form 700. A good example is an official’s home. It is common for financial effects on an official’s home to trigger a conflict of interest. Officials are not, however, required to disclose their home on the Form 700.1 Conflicts of Interest 5 IS IT REASONABLY FORESEEABLE?14 Is it a realistic possibility that the decision will actually affect the official’s financial interest or is it too remote or theoretical? Two alternative tests answer this question depending on whether an interest is explicitly involved in a decision. An Interest is Explicitly Involved in a Decision If: 1) The interest is a named party in or the subject of a governmental decision, or 2) The decision involves the issuance, renewal, approval, denial or revocation of any license, permit, or other entitlement to, or contract with, the interest, or 3) The decision affects the real property of the official as described in Regulation 18702.2(a)(1)-(6). Then It is reasonably foreseeable that the decision will have a material financial effect on the interest. If Not Explicitly Involved in the Decision All other decisions, other than those above, are considered not explicitly involved in the decision. Then If an interest is not explicitly involved in a decision, the financial effect on the interest is reasonably foreseeable only if the effect can be recognized as a realistic possibility and more than hypothetical or theoretical. A financial effect need not be likely to be considered reasonably foreseeable. However, if the financial result cannot be expected absent extraordinary circumstances not subject to the public official’s control, it is not reasonably foreseeable. Conflicts of Interest 6 IS IT MATERIAL? The FPPC has adopted various rules (general and specific) for deciding what kinds of financial effects are important enough to trigger a conflict of interest. Generally, for each of the five interests set forth above, a separate materiality standard exists. The following charts reflect the materiality standards that apply to each type of interest. Interests in Business Entities15 (Including investments in, employment or positions with, or income from business entities) If Business Explicitly Involved = Financial Effect Assumed to be Material A material financial effect is assumed if the business: 1) Initiates the proceeding by filing an application, claim, appeal, or request for other government action; 2) Offers to make a sale of a service or a product to the official’s agency; 3) Bids on or enters into a written contract with the official’s agency; 4) Is the named manufacturer in a purchase order of any product purchased by the official’s agency or the sales provider of any products to the official’s agency that aggregates to $1,000 or more in any 12-month period; 5) Applies for a permit, license, grant, tax credit, exception, variance, or other entitlement that the official’s agency is authorized to issue; 6) Is the subject of any inspection, action, or proceeding subject to the regulatory authority of the official’s agency; or 7) Is otherwise subject to an action the official’s agency takes, the effect of which is directed solely at the business entity in which the official has an interest. NOTE: In all other circumstances, the business is considered not explicitly involved in the decision and the financial effect is not assumed to be material. Not Assumed Material if Business Not Explicitly Involved In all other cases, a financial effect is material if a prudent person with sufficient information would find it is reasonably foreseeable that the decision’s financial effect would contribute to a change in the price of the entity’s publicly traded stock, or the value of a privately-held business entity. Quick Tip: For purposes of being vigilant to avoid conflict of interest decisions, keep the general rule in mind – if the financial effect can be recognized as a realistic possibility and more than hypothetical or theoretical, it is reasonably foreseeable. Conflicts of Interest 7 Interests in Real Property16 NOTE: There are different materiality standards depending on whether it is an ownership or leasehold interest. Ownership Interests in Real Property A material financial effect is assumed if… The decision: 1) Involves adopting or amending a general or specific plan, that includes the official’s property; 2) Determines the property’s zoning or rezoning, annexation or de-annexation, or inclusion in or exclusion from any city, county, district, or other local government subdivision, or other boundaries (other than a zoning decision applicable to all properties designated in that category); 3) Imposes, repeals, or modifies any taxes, fees, or assessments that apply to the property; 4) Authorizes the sale, purchase, or lease of the property; 5) Involves the issuance, denial or revocation of a license, permit or other land use entitlement authorizing a specific use of or improvement to the property or any variance that changes the permitted use of, or restrictions placed on it; NOTE: For a financial effect resulting from a governmental decision regarding permits or licenses issued to the official’s business entity when operating on the official’s real property, the materiality standards under Regulation 18702.1 applicable to business entities would apply instead. 6) Involves construction of, or improvements to, streets, water, sewer, storm drainage or similar facilities, and the property in which the official has an interest will receive new or improved services that are distinguishable from improvements and services that are provided to or received by other similarly situated properties in the official’s jurisdiction or the official will otherwise receive a disproportionate benefit or detriment by the decision. Conflicts of Interest 8 Unless it is nominal, inconsequential or insignificant, a material financial effect is also assumed if… The decision: 1) Changes the development potential of the real property; 2) Changes the income-producing potential of the real property; NOTE: If the real property contains a business entity, including rental property, and the nature of the business entity remains unchanged, the materiality standards under Regulation 18702.1 applicable to business entities would apply instead. 3) Changes the highest and best use of the parcel of real property in which the official has a financial interest; 4) Changes the character of the parcel of real property by substantially altering traffic levels or intensity of use, including parking, of property surrounding the official’s real property parcel, the view, privacy, noise levels, or air quality, including odors, or any other factors that would affect the market value of the real property parcel in which the official has a financial interest; 5) Affects real property value located within 500 feet of the official’s property line. However, if the real property is commercial property and contains a business entity, the materiality standards under Regulation 18702.1 applicable to business entities would apply instead;17 6) Causes a reasonably prudent person, using due care and consideration under the circumstances, to believe that the governmental decision was of such a nature that its reasonably foreseeable effect would influence the market value of the official's property. Leasehold Interests in Real Property 18 A material financial effect is assumed if… The decision: 1) Changes the termination date of the lease; 2) Increases or decreases the potential rental value of the property; 3) Increases or decreases the rental value of the property, and official has right to sublease it; 4) Changes the official’s actual or legally allowable use of the real property; or 5) Impacts the official’s use and enjoyment of the real property. Conflicts of Interest 9 Sources of Income NOTE: There are different standards depending if income is for goods and services or the sale of personal or real property. Income Received for Goods and Services Provided in the Ordinary Course of Business, including a Salary 19 A material financial effect is assumed if... The source of income is: 1) A claimant, applicant, respondent, contracting party, or is otherwise named or identified as the subject of the proceeding; 2) An individual and the individual will be financially affected under the standards applied to an official in Regulation 18702.5, or the official knows or has reason to know that the individual has an interest in a business entity or real property that will be financially affected under the standards applied to those financial interests in Regulation 18702.1 or 18702.2, respectively; 3) A nonprofit that will receive a measurable financial benefit or loss, or the official knows or has reason to know that the nonprofit has an interest in real property that will be financially affected under the standards applied to a real property interest in Regulation 18702.2; or 4) A business entity and the business will be financially affected under the standards applied to a business interest in Regulation 18702.1. Income from the Sale of Personal or Real Property of the Official or the Official’s Spouse if Community Property 20 A material financial effect is assumed if… The official knows or has reason to know that the source of income: 1) Is a claimant, applicant, respondent, contracting party, or is otherwise named or identified as the subject of the proceeding; 2) Has an interest in a business entity that will be financially affected under the standards applied to a financial interest in Regulation 18702.1; or 3) Has an interest in real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.2. Conflicts of Interest 10 Sources of Gifts21 (Including Gifts from Individuals, Nonprofits, and Business Entities) A material financial effect can be assumed if... The source is: 1) A claimant, applicant, respondent, contracting party, or is otherwise named or identified as the subject of the proceeding; 2) An individual who will be financially affected under the standards applied to an official in Regulation 18702.5, or the official knows or has reason to know that the individual has an interest in a business entity or real property that will be financially affected under the standards applied to those interests in Regulation 18702.1 or 18702.2, respectively; 3) An nonprofit that will receive a measurable financial benefit or loss, or the official knows or has reason to know that the nonprofit has an interest in real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.5; or 4) A business entity will be financially affected under the standards in Regulation 18702.1. Interests in Personal Finances22 (Including the Personal Finances of Immediate Family Members) The financial effect is material if… The official or the official’s immediate family member will receive a measurable financial benefit or loss from the decision unless it is nominal, inconsequential, or insignificant. Quick Tip: There are many rules and many exceptions (so numerous we can’t discuss them all here). At a big picture level, remember:  In most cases, if the financial interest is directly or explicitly involved in the decision, the materiality standard is met. This is because an interest that is directly or explicitly involved in a governmental decision presents a more obvious conflict.  On the other hand, if the financial interest is not directly or explicitly involved, the materiality standard is generally based on a reasonable person standard. Conflicts of Interest 11 4. Consider whether an exception applies. Once an official has determined that he or she has a conflict of interest in a particular decision, the official can examine if an exception permits the official’s participation despite the conflict. Not all conflicts of interest prevent the official from lawfully taking part in the government decision.  The Public Generally Exception:23 Even if an official otherwise has a conflict of interest, the official is not disqualified from the participating in the decision if the “public generally” exception applies. This public generally exception applies when the financial effect on a public official or the official’s interests is indistinguishable from its effect on the public generally. NOTE: The “public generally” exception must be considered with care. An official may not just assume that it applies. There are rules for identifying the specific segments of the general population with which the official must compare the official’s financial interest, and specific rules for deciding whether the financial impact will uniquely affect the public official as compared to the public generally. Again, officials should contact their agency counsel or the FPPC concerning these specific rules.  Legally Required to Participate:24 Even if an official has a disqualifying conflict of interest, is the participation legally required? In certain rare circumstances, an official may be called upon to take part in a decision despite the fact that the official has a disqualifying conflict of interest. This “legally required participation” rule applies only in certain very specific circumstances in which the government agency would be paralyzed or unable to act. The FPPC or the agency’s counsel must generally make this determination and will instruct the official on how to proceed. A conflict of interest exists, what now? Once an official determines that they have a conflict of interest and that an exception does not apply, the official must disqualify from all of the following:25  Making the governmental decision. A public official makes a governmental decision if the official authorizes or directs any action, votes, appoints a person, obligates or commits his or her agency to any course of action, or enters into any contractual agreement on behalf of his or her agency. Conflicts of Interest 12  Participating in making the governmental decision. A public official participates in a governmental decision if the official provides information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review.  Influencing the governmental decision. A public official uses his or her official position to influence a governmental decision if he or she: contacts or appears before (1) any official in his or her agency or in an agency subject to the authority or budgetary control of his or her agency for the purpose of affecting a decision; or (2) any official in any other government agency for the purpose of affecting a decision, and the public official acts or purports to act within his or her authority or on behalf of his or her agency in making the contact. Certain officials (including city council members, planning commissioners, and members of the boards of supervisors) have a mandated manner in which they must disqualify from a decision.26 They must publicly identify in detail the interest that creates the conflict, step down from the dais, and must then leave the room. The official must identify the interest following the announcement of the agenda item to be discussed or voted upon, but before either the discussion or vote commences. If the decision is to take place during a closed session, the identification of the financial interest must be made during the public meeting prior to the closed session but is limited to a declaration that the official has a conflict of interest. The financial interest that is the basis for the conflict need not be disclosed. The official may not be present during consideration of the closed session item and may not obtain or review any nonpublic information regarding the decision. There are limited exceptions that allow a public official to participate even when a conflict is present, such as participating as a member of the general public, speaking to the press, or discussing one’s own governmental employment. The exceptions are limited and fact-specific, and may require advice from the agency’s counsel or the FPPC. Final thoughts Generally speaking, here are the keys for public officials to meet their obligations under the Act’s conflict of interest laws:  Know the purpose of the law, which is to prevent biases, actual and apparent, that result from the financial interests of the decision-makers.  Learn to spot potential trouble early. Understand which financial interests could give rise to a conflict of interest. Conflicts of Interest 13  Understand the “big picture” of the rules. For example, know why the rules distinguish between explicitly involved interests, and why the public generally exception exists.  Realize the importance of the facts. Deciding whether an official has a disqualifying conflict of interest depends just as much - if not more - on the facts of the particular situation as it does on the law.  Don’t try to memorize all of the specific conflict of interest rules. The rules are detailed, and the penalties for violating them are significant. Rather, look the rules up or ask about the particular rules applicable to a given case.  Ask for advice. It is available from the agency’s legal counsel and from the FPPC. Where to go for help? Email Advice (informal) advice@fppc.ca.gov Written Advice (formal and informal) Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 Conflicts of Interest 14 1 The Political Reform Act is contained in Government Code §§ 81000 - 91014, and all statutory references are to this code. The FPPC regulations are contained in §§ 18110 - 18997 of Title 2 of the California Code of Regulations, and all regulatory references are to this source. 2 Enacted through Proposition 9 at the June 4, 1974 Primary Election. 3 § 81001. 4 § 87100. 5 Witt v. Morrow (1977) 70 Cal. App. 3d 817 at 822–823: “Morrow asserts it is unconstitutional to automatically disqualify a public official from participating in decisions which may affect the investments of an entity which pays him .... However, the whole purpose of the Political Reform Act of 1974 is to preclude a government official from participating in decisions where it appears he may not be totally objective because the outcome will likely benefit a corporation or individual by whom he is also employed.” 6 § 82048. 7 § 83115. 8 § 81002(c). 9 § 87103. 10 Under § 87103, an official has an "indirect interest" in real property owned by a business entity or trust in which the official, the official's immediate family, or their agents own directly, indirectly, or beneficially a 10-percent interest or greater. 11 § 82033. 12 § 82030. 13 The Commission adjusts the gift threshold on January 1 of each odd-numbered year to reflect changes in the Consumer Price Index. 14 Regulation 18701. 15 Regulation 18702.1 16 Regulation 18702.2(a). 17 Particular facts can rebut this presumption depending on advice given by the FPPC. 18 Regulation 18702.2(b). 19 Regulation 18702.3(a). 20 Regulation 18702.3(b). 21 Regulation 18702.4. 22 Regulation 18702.5. 23 Regulation 18703. 24 § 87101 and Regulation 18705. 25 Regulation 18704. 26 § 87105 and Regulation 18707 applicable to persons holding positions specified in § 87200. CITY OF SARATOGA Memorandum To: Library Commission From: Crystal Bothelio, Assistant City Manager Date: February 25, 2020 Subject: 2020 Library Commission Work Plan Every year, the City Council considers and authorizes Commission work plans. Commission work plans will be presented to the City Council for consideration at the Commission Work Plan Study Session on Monday, March 9, 2020 at 6:00 p.m. at the Saratoga Senior Center (19655 Allendale Avenue). The meeting will begin at 6:00 p.m. with dinner and the Library Commission is scheduled to discuss its work plan at 6:15 p.m. (time subject to change). In addition to proposing the work plan for the year, most Commissions also share a progress report on Commission work efforts when presenting proposed work plans. The 2019 Library Commission work plan is attached. 2019 COMMISSION WORK PLAN KEY POINTS OF WORK PLAN 1. Support library events and programs 2. Promote library events and programs; engage in information sharing with library and public 3. Identify continuing opportunities to partner with West Valley College 4. Help increase the number of residents with library cards TOPICS IN DETAIL 1. Support library events and programs a) Attend library events as Commissioners and/or participants (eg, Silicon Valley Reads programs, trivia events, etc.) b) Volunteer to assist library staff at library events (for example, Junior Achievement) c) Volunteer at outreach programs (eg, Saturday Farmers Market, Movie Nights, Blossom Festival) to increase number of card holders to 85% of Saratoga and Monte Sereno residents d) Invite the City Council to and share information about library and Library Commission programs, events, and activities with the City Council 2. Promote library events and programs; engage in Information sharing with the library and the public a) Brainstorm with Diane Roche (County marketing person) on ways to promote Library events and programs b) Spread awareness via our networks of library events and offerings and encourage attendance (for example, post in Nextdoor Saratoga, post on Facebook page, tell our Book Clubs, etc.) c) Update Saratoga News of upcoming library events d) Write an article for Saratoga Source (monthly e-newsletter) or Saratoga Newspaper to feature library program(s) e) Provide recommendations to library staff at Commission meetings. This would include ideas for programs that our community is interested in (eg, 3D printing); new trends, and upcoming community events where outreach might occur f) Attend annual Friends and Commissioner forum g) Visit other County Library Commission and JPA meetings h) Work with Friends of the Saratoga Libraries to promote and cross promote events and activities 3. Identify continuing opportunities to partner with West Valley College a) Work on 2018 – 2019 Coral Reef Crochet Project (schedule viewing of Chasing Coral at Library, encourage crochet circles, attend seminars, help with displays), with West Valley College taking the lead on this effort 4. Help increase the number of residents with library cards a) Volunteer at outreach programs b) Target Monte Sereno residents CITY OF SARATOGA Memorandum To: Library Commission From: Crystal Bothelio, Assistant City Manager Date: February 25, 2020 Subject: 2020 Library Commission Regular Meeting Schedule Below is the list of the Library Commission’s 2020 Regular Meetings, as well as other key events and meetings. Per City Council Resolution, Regular Meetings are on the 4th Tuesday of even-numbered months at 7:00 p.m. at the Saratoga Library and may schedule special meetings or cancel meetings as needed. REGULAR MEETINGS • February 25, 2020 • April 28, 2020 • June 23, 2020 • August 25, 2020 • October 27, 2020 • December 22, 2020 OTHER MEETINGS/EVENTS • Commission Work Plan Study Session March 9, 2020 @ 6:00 p.m. Saratoga Senior Center, 19655 Allendale Avenue • Commission Recognition Dinner April 29, 2020 @ 6:00 p.m. Saratoga Senior Center, 19655 Allendale Avenue Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga November 2019 Commission Report Nancy Howe, County Librarian Santa Clara County Library District Receives Two Prestigious Awards The Santa Clara County Library District (SCCLD) has received a pair of major honors for innovative programs and services. The accolades come from the Urban Libraries Council (ULC), which represents 150 North American libraries, and the California State Association of Counties (CSAC). The ULC award, which was announced Thursday, October 17 during the organization’s 2019 Innovations Celebration in Salt Lake City, is for “Lending Mindfulness: A Mental Health App Pilot”. SCCLD was selected from among 260 submissions as the winner in the Wellness, Safety & Sustainability category for show casing out-of-the-box thinking and creative applications of library resources. Award winners were recognized for their level of creativity, ability for other libraries to adapt their work and the outcomes achieved. We are the first public library in the nation to offer the mindfulness app, Headspace, to patrons for daily meditation. The president of ULC plans to personally present an award proclamation to SCCLD’s Joint Powers Authority at its meeting of January 23, 2020. The second recognition is from the California State Association of Counties for Rise Up, a partnership between the Gilroy Library and various County agencies, including the District Attorney’s office and the Department of Child and Family Services . SCCLD was selected as the urban library winner for the Challenge Award in Administration of Justice & Public Safety. Working closely with the South County Youth Task Force and County partner agencies, Rise Up was created as a multi-pronged intervention program designed to educate and support at-risk youth and their families to improve their lives and outcomes. CSAC will present their award in person at the Board of Supervisors Meeting on December 9. Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga Holiday Food Drive The holidays are nearly upon us, a time for family, friends and giving thanks. SCCLD will offer a Holiday Food Drive from Nov 4, 2019- Jan 10, 2020 at all locations including the Services and Support Center. All food donations go to Second Harvest of Silicon Valley, whose mission is to provide meals to those in our communities who are food insecure. Last year, we collected 6,705 pounds of food items, enough to provide 5,588 nutritious meals. Please bring non-perishable canned and boxed items you can spare to any one of our libraries, including the Bookmobile, to help those less fortunate enjoy the holiday season. A list of the most needed items is available at http://bit.ly/2JmWltH/. With of our libraries now open 7 days per week, together, we can make someone else’s holidays brighter. Distinguished Author Update With two of our three planned Distinguished Author Series events completed, the community response has been overwhelmingly positive and appreciative : SONIA NAZARIO: Enrique’s Journey Morgan Hill- Morgan Hill Playhouse Theater Sonia was a fantastic speaker and it was so exciting to see local teachers and teens in attendance. While a crowd of 58 was perhaps less than we would have liked, it is not often that local teens have the opportunity hear directly from an author whose book they are studying! It was a really impactful program for them and the community. Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga JOHN CARREYROU: Bad Blood: Secrets and Lies in a Silicon Valley Startup Cupertino- De Anza Visual & Performing Arts Center John filled the hour with so many interesting facts and insights from his investigative reporting around Bad Blood, the hour flew by. All participants were captivated with his talk and story. The theater was filled to capacity with 400 guests, and he autographed every book for participants wanting to receive a signed copy. John was a fascinating speaker and a high caliber author with a timely story to share in the Silicon Valley. FINAL EVENT: SUSAN ORLEAN: The Library Book Campbell- Campbell Heritage Theater December 11 @ 7:30pm STEAM in November Our libraries are cranking up the STEAM (science, technology, engineering, arts, math) in the month of November. From documentaries to robotics to 3D printing to Lego Clubs, our libraries are bringing a variety of fun and learning to each of our communities. Here are a few of the highlights: Campbell: Kids STEAM Book Club (4th-6th grade) LEGO/Duplo Club (age 2+) Wed, Nov 20 @ 4pm-5pm Wed, Nov 27 @ 3:30pm-4:30pm Cupertino: Teen Python Coding Workshop-Part 1 Teen Math and Python Coding-Part 2 Sat, Nov 2 @ 10am-1pm Sat, Nov 16 @ 10am-1pm Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga LEGO Club (K-8th grade) Thur, Nov 21 @ 4pm-5pm Gilroy: Chess Fun for Kids (ages 7-12) LEGO Club (ages 5-12) Every Sun, Nov 3, 10, 17, 24 @ 3pm -4pm Mon, Nov 18 @ 4pm-5pm Film: Inventing Tomorrow Mon, Nov 18 @ 6pm-8pm Los Altos/Woodland: Robot Invasion! (ages 6+) 3D Printing Classes (ages 13+) Sat, Nov 2 & 9 @ 11am-5pm Sun, Nov 3, 10, 17 @ 11am-12pm Woodland Library Los Altos Library DIY Kidz: Art bots with LED eyes (3rd grade +) Thur, Nov 7 @ 4pm-5pm Milpitas: Dash & Dot Robot Coding (4th-6th grade) Dash & Dot Robot Coding (1st-3rd grade) Tue, Nov 5 @ 3:30pm-5:00pm Tue, Nov 19 @ 3:30pm-5:00pm LEGO Club (ages 5-12) Fri, Nov 22 @ 4pm-5pm Morgan Hill: Chess Club (ages 8-18 & their caregivers) Film: Inventing Tomorrow Fri, Nov 1 @ 4pm-5pm Sat, Nov 2 @ 3pm-5pm LEGO Club (ages 2+) Coding for Kids: Python, Chatbots & AI Mon, Nov 4, 18, 25 @ 4pm-5pm Fri, Nov 8 @ 4:30pm-5:30pm Saratoga: Intermediate Arduino (ages 10+) LEGO Club (ages 2+) Sat, Nov 2 @ 3pm-5pm Mon, Nov 4, 18 @ 4pm-5pm The Science Behind Catapults (3rd-7th grade only) Sat, Nov 9 @ 3pm-4pm Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga Welcome to the Library With more than 3,349,000 visitors annually, seating in our libraries is in high demand. In order to provide a welcoming space for our visitors, the Cupertino and Milpitas Libraries have recently expanded their available seating with much appreciation from our patrons. Attached are photos of the new seating areas. Next on the list, Saratoga Library: Milpitas: Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga Cupertino: Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga December 2019 Commission Report Nancy Howe, County Librarian Get a Sneak Peek at the Brand New Library Website SCCLD will be launching a brand new, completely redesigned website on January 6, 2020. As a Library Commissioner, we invite you to be one of the first to preview the new site before our full public launch. Discover upcoming library events, learn about exciting library services, browse new books and movies for all ages, enjoy booklists and blog posts, and take the latest poll (then see how others voted). Main areas of the website include:  Feature Titles: Discover great books, music, and movies based on your interests.  Online Library 24/7: Access eBooks & Audiobooks, eMagazines & News, eMovies & Music, and Online Research Services.  Learn 24/7: Get help with your studies from a free tutor (in-person and online) as well as online classes and tutorials on a vast number of subjects (hobbies, scholarly, and professional).  Events: Fill your calendar with our libraries’ exciting free programs for all ages.  Kids & Families: One-stop shopping for your family library needs including books, online services, events, early learning services, homework help, online tutors, and more. Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga  Teens: Offers a variety of materials, services and activities for ages 13-18, including homework help, book recommendations, contests, polls, college and career, and more.  Services: Access your library account information, computer services, book-a-meeting- room, passport services, and resources on a variety of subjects: adult literacy, smart investing, English as a Second Language, genealogy, and more.  Connect: Contact us, make a suggestion, check out our newsroom and blog posts, volunteer, apply for a job, or following us on social media. Want a brief tour of the homepage? Watch this video showing highlights from the homepage. Our web team has worked hard to deliver an improved online user experience. We’re still adding more information and content before the official public launch on January 6, 2020, but we hope that you enjoy this sneak peek of our new website. We welcome your feedback at webmaster@sccl.org. Distinguished Author: Susan Orlean Don’t miss our final Distinguished Author event featuring Susan Orlean. Journalist and best-selling author SUSAN ORLEAN has an eye for the moving, the hilarious, and the surprising. The Library Book explores the history, power, and future of libraries, while delving into the mysterious fire that nearly destroyed the Los Angeles Public Library in 1986. An ever-engaging and unforgettable speaker, Orlean delivers lectures all over the country. FINAL EVENT: SUSAN ORLEAN: The Library Book Campbell Heritage Theater December 11 @ 7:30pm Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga Discover & Go offers free passes for local events Did you know that your Library card also allows you to take advantage of local museum passes? Discover & Go is a virtual museum pass program for Santa Clara County Library District cardholders that offers library users the ability to reserve admission passes to more than 50 museums and cultural attractions throughout the greater Bay Area. In addition to the Tech Museum, California Academy of Sciences, Children’s Discovery Museum, Asian Art Museum and more, recently added are discounted tickets to Cirque du Soleil San Francisco- AMALUNA: Drift away to a mysterious island where a thrilling adventure of love, energetic sound, and acrobatic splendor unfolds. See Cirque du Soleil AMALUNA Under the Big Top at Oracle Park in San Francisco, November 3 -January 12. Holiday Food Drive The holidays are nearly upon us, a time for family, friends and giving thanks. SCCLD continues our Holiday Food Drive through Jan 10, 2020 at all locations including the Services and Support Center. All food donations go to Second Harvest of Silicon Valley, whose mission is to provide meals to those in our communities who are food insecure. Last year, we collected 6,705 pounds of food items, enough to provide 5,588 nutritious meals. Please bring non-perishable canned and boxed items you can spare to any one of our libraries, including the Bookmobile, to help those less fortunate enjoy the holiday season. A list of the most needed items is available at http://bit.ly/2JmWltH/. With of our libraries now open 7 days per week, together, we can make someone else’s holidays brighter. Santa Clara County Library District FY2018-19 Year End Service Report The service report provides the highlights from the previous year showcasing our continued mission to promote knowledge, ideas and cultural enrichment. SEE ATTACHED Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga January 2020 Commission Report Nancy Howe, County Librarian The New Website Goes LIVE on Jan 6 On January 6, SCCLD will officially launch the brand new, completely redesigned website to kick off 2020. We are also taking this opportunity to update our URL to sccld.org to align with Santa Clara County Library District (SCCLD). You will automatically be redirected to our new website from sccl.org as of Jan 6. In addition to the completely new design, we’ve added brand new features including our online digital library card registration. Library District residents can register online and immediately receive a library eCard account to access the entire online library. We’ve custom designed this platform to allow all household members to be able to receive their own eCard accounts in a single registration transaction. To our knowledge, we are the only public library to offer this unique and convenient feature. The new top navigation will encourage visitors to the website to discover the many resources and services the library has to offer including:  Feature Titles: Discover great books, music, movies, world collections, magazines and games based on your interests.  Online Library 24/7: Access eBooks & Audiobooks, eMagazines & News, eMovies & Music, and Online Research Services.  Learn 24/7: Get help with your studies from a free tutor as well as classes and tutorials on a vast number of subjects (hobbies, scholarly, and professional).  Events: Fill your calendar with our libraries’ exciting free programs for all ages. Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga  Kids & Families: One-stop shopping for your family library needs including books, online services, events, early learning services, homework help, online tutors, and more.  Teens: Offers a variety of materials, services and activities for ages 13-18, including homework help, book recommendations, contests, polls, college and career, and more.  Services: Access your library account information, computer services, book-a-meeting-room, passport services, and resources on a variety of subjects: adult literacy, smart investing, English as a Second Language, genealogy, and more.  Connect: Contact us, make a suggestion, check out our newsroom and blog posts, volunteer, apply for a job, or follow us on social media. Want a brief tour of the homepage or learn about some of the key new features? We’ve created a series of short video tutorials, complete with closed captioning for you to explore! The January newsletter will be sent on January 6 to coincide with the new website launch. If you are not currently receiving our monthly newsletter, you can register to receive it on our new website through the CONNECT tab under Newsroom. Be sure to visit the official website at sccld.org on January 6 and we welcome all feedback at webmaster@sccl.org. Silicon Valley Reads 2020 Kicks Off on January 23 Silicon Valley Reads is a premier annual literary event that engages residents of all ages to read, discuss and engage around a theme relevant to the Bay Area. This year’s theme is Women: Making it Happen, marking the centennial anniversary of women’s suffrage in the United States. From the tenacious individuals who worked hard to get women the right to vote, to the women and girls in the 21st Century breaking gender barriers to excel in all areas of life, this year’s featured titles include remarkable stories from Julian Guthrie, author of Alpha Girls, and Catherine Chung, author of The Tenth Muse. A special event kickoff is scheduled for Thursday, January 23 at 7:30pm at De Anza College’s Visual & Performing Arts Center in Cupertino. Author Julian Guthrie and the four women featured in Alpha Girls – Mary Jane Elmore, Theresia Gouw, Sonja Perkins and Magdalena Yesil, will participate in a panel discussion moderated by Mercury News columnist Sal Pizarro. Alpha Girls is the untold story of pioneering women in Silicon Valley venture capital. Described as "Hidden Figures" meets "The Social Network," Alpha Girls is the story of the real unicorns of Silicon Valley -- the women who bucked the system and found ways to survive and thrive in this high-stakes, male-dominated world. The book explores the rise of such companies as Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga Facebook, Tesla, Oracle, Trulia, Imperva, F5 Networks, Acme Packet, ForeScout, Salesforce and more – all through the eyes of trailblazing "alpha girls" of Silicon Valley who helped build these companies. The book is being adapted for a television series by Academy Award-winning producer Cathy Schulman and TriStar. Doors open at 6:45 pm. No tickets or reservations are required for this free event, and seating is on a first come, first served basis. There is free parking in Lot A starting at 5 pm. The campus bookstore will sell copies of the book before and after the program, with Guthrie and the “Alphas” available for autographs afterwards. The adjacent Euphrat Museum of Art will be open 6:30-7:30 p.m. and during the book signing for free viewing of the exhibit “Women Pathmakers.” “Women Pathmakers” honors women whose courage and creativity helped change the world. Those featured include pioneer mathematicians, the first computer programmer, Nobel Prize winning scientists, civil rights activists, artists and musicians. Other artworks are inspired by the movement for women’s voting rights, displaced immigrant populations and the impacts on women and girls, and the invisible labor of women of color. Learn more about the Silicon Valley Reads events at sccld.org/svr/. Two Concert Series for Patrons of All Ages- Asheba and Black Cedar Trio Santa Clara County Library District will introduce two concert series in January and February to entertain and delight our patrons. For our children and families, Caribbean style storyteller, Asheba, is the featured musician for the Family Concert Series. He specializes in Calypso, the musical and folkloric oral tradition of his native Trinidad. The focus of his music is hope and happiness, which you can hear in his original works as well as his covers of classics such as “Itsy Bitsy Spider” and “You Are My Sunshine.” MORGAN HILL LIBRARY MILPITAS LIBRARY SARATOGA LIBRARY Thurs., Jan. 30 at 10:30 am Tue., Feb. 4 at 10:30 am Sat., Feb. 1 at 11:30 am Program Room Community Room Community Room Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga CAMPBELL LIBRARY GILROY LIBRARY LOS ALTOS LIBRARY Wed., Feb. 5 at 10:30 am Sat., Feb. 1 at 3 pm Tue., Feb. 11 at 10:15 & 11 am Lower Level Community Room Community Room Orchard Room CUPERTINO LIBRARY CHANDLER TRIPP SCHOOL (BOOKMOBILE) Mon., Feb. 3 at 10:30 am Wed., Feb. 12 at 10:30 am Community Hall 780 Thornton Way, San Jose Black Cedar Trio is a three-piece ensemble dedicated to music for flute, cello and guitar. They recreate classic and commissioned compositions that work for this unique combination. Their performances have been described as “deeply personal” with “perfect synchronization of subtle rhythms and phrases.” SARATOGA LIBRARY LOS ALTOS LIBRARY MORGAN HILL LIBRARY Sat., Feb. 8 at 3 pm Wed., Feb. 26 at 6:30 pm Mon., Feb. 24 at 7 pm Community Room Orchard Room Program Room Helping Homebound Library Users New policy provides greater access for seniors, people with limited mobility The Santa Clara County Library District (SCCLD) is making it easier for homebound County library district residents to receive items they want from the Library. Those who find themselves confined at home for three or more months, for whatever reason, can now designate a person to pick up items for them at their local library or the SCCLD Bookmobile. This new policy provides convenience and ensures that our patrons can obtain books, movies and other items with more ease and potentially, greater frequency as the designated borrower can pick up Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga and deliver materials for the homebound patron. Currently, library staff delivers items requested by registered homebound patrons approximately once a month and will continue to deliver items to those registered homebound patrons without a designated borrower. While a small program with just under 100 participants currently, homebound services are important to the non-ambulatory seniors, persons with disabilities, and otherwise incapacitated individuals who rely on them. Homebound persons can specify a Designated Borrower by filling out an application on SCCLD’s new website. “These great measures will help people whose lack of mobility would otherwise limit their access to library materials,” said County Supervisor and Library Joint Powers Authority Board Chairman Mike Wasserman. “Once again, SCCLD is working hard to make library services more convenient and accessible for all patrons.” Upcoming JPA Finance Committee and JPA Board Meetings JPA Finance Committee: When: Wed., Jan 8 @ 2:00pm Where: Santa Clara County Library District Services and Support Center 1370 Dell Ave, Campbell, CA 95008 JPA Board Meeting: When: Thur., Jan 23 @ 12:00pm Where: Santa Clara County Library District Services and Support Center 1370 Dell Ave, Campbell, CA 95008 Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga Multiple Library Upgrades Coming in 2020 Looking ahead in 2020, we have Library upgrades on the horizon for three of our libraries including Cupertino, Campbell and Morgan Hill. Cupertino: The City of Cupertino approved adding a two-floor addition to the Cupertino Library providing a dedicated Program Room on the second floor and expanding the children’s area and story room on the first floor. Campbell: The City of Campbell is moving forward with their planning for voter approved Measure O to build a new Campbell Police Station and fully renovated Campbell Library. The next meeting to discuss Measure O is on Jan 21, 7:30pm at the Campbell City Council Meeting. Morgan Hill: The Morgan Hill Library expansion is already underway with a 2,500 square foot addition that will expand the children’s area and add a second community room to the library. The projected completion date is Summer 2020 Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga 17th Annual Friends, Foundations, Endowment & Commissioners Forum We hope you will join us for the 17th Annual Friends, Foundations, Endowment & Commissioners Forum! If you have not RSVP’d to the invitation, please respond by January 24. This annual event is a great way to learn more about the Library District and an opportunity to meet other library supporters throughout the district. Our featured keynote: LISTENING TO OUR PATRONS Special Guest Presenter Theo Leenman, PhD | Research Consultant HARDER+COMPANY COMMUNITY RESEARCH In Summer 2019, Santa Clara County Library District conducted an extensive Patron Satisfaction Survey to hear directly from our patrons what they like, don’t like and would change about the library. This survey is conducted every three years and past survey results have led to changes in open hours, improvements in services and more. Learn about the latest study and findings, essential knowledge for future priorities and planning strategies. We hope that you will be able to join us for this annual event where we share our updates from the library, bring in a thoughtful keynote speaker and celebrate what makes the Library so special—you. Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga Distinguished Author Series was a Success! In 2019, we piloted our Distinguished Author Series with three prominent, award- winning authors. With close to 1,000 attendees, overwhelming positive feedback and requests from our patrons to continue the series, the Distinguished Author Series was a proven success. In case you missed some of the authors, you can view a 5 minute video clip from each of the author talks at https://bit.ly/35ivxTr Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga February 2020 Commission Report Nancy Howe, County Librarian Reflections by Nancy Howe, County Librarian It has been my privilege and honor to serve as County Librarian since 2012, and to work for the Santa Clara County Library District for over 25 years. There is a quote attributed to Confucius, “Do what you love and you'll never work a day in your life”. That has been true for me as the past 25 years have flown by and it comes with mixed emotions to announce that I will be retiring on March 27, 2020 and my last day in the Library will be February 28th. When I first started as County Librarian in 2012, there were several major crises brewing. The special tax which accounted for approximately 20% of our revenue was set to expire and we had implemented an unpopular and confusing non-resident card fee. Working together, we are now in a much better place. The special tax has been renewed until 2033, we are fiscally sound with reserves for economic uncertainty, and our library services are free to all. SCCLD is busier than ever, open 7 days/week, welcomes new patrons every day, launched a brand new website, and is an essential part of our diverse community. Our strategic vision during these years can be summarized simply: acquire resident patrons, retain satisfied patrons. A great library balances both. We have succeeded in raising the percent of residents with active library cards from 50% to 72% and a whopping 97% of visitors find our staff friendly and welcoming. It has been a sustained commitment and has taken intentional decisions and actions on the part of every single staff member with the support of our Library Commissioners to make this happen. It is a success that we create and share together. For over 100 years, the County Library District has strived to eliminate barriers for every resident and patron, especially our children and vulnerable populations. I am proud and grateful to have been a part of that journey. Thank you for your ongoing support, guidance and dedication to the Library. Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga Listening to our Patrons In 2019, SCCLD conducted its triennial Patron Satisfaction Survey. The results are in incorporating input from nearly 7,000 patrons about their experiences with many different aspects of library operations. We are happy to report that the large majority of those questioned (97%) responded that Account and Reference staff were friendly and approachable. A significant majority (85%) went on to say that they would be highly likely to recommend the Library to their friends and family. The survey results have been broken down for all eight of our libraries and the Bookmobile, and we will use the results, feedback, and recommendations to help us further improve our patron experience. Chris Brown, Deputy County Librarian, will be visiting each of the Commissions in February or March to share with you the highlights from the survey. In addition, each Community Librarian has received a databook with the detailed results and open-ended comments related to their individual library. Discovering the New SCCLD Website The new website is live and the patron response has been very positive. This is an entirely new platform, navigation and includes brand new features. Allison Lew, Library Service Manager for Virtual Library, Public Technology and Cataloging, will be visiting each Library Commission in the months of February and March to share the highlights and give you a personalized tour of the website. She and Chris Brown will alternate at each Commission meeting so you are able to receive an update on the Patron Satisfaction Survey one month and an introduction to the new website the alternate month. Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga SCCLD is Helping Patrons Get Ready for Tax Season SCCLD is teaming up with VITA and AARP to assist patrons prepare their returns. Three of our libraries are offering free assistance for low and moderate-income individuals. This service is made possible thanks to the generous volunteers from the AARP and the Volunteer Income Tax Assistance program (VITA), who are certified by the IRS to advise about tax matters. Below is a list of locations offering free tax help sessions. Campbell  Services provided by AARPvolunteers on three Saturdays (2/22, 3/7, and 4/4), with three separate sessions (10 am, 1 pm, and 3 pm). Online registration AND completion of intake booklet is required. Cupertino  VITA volunteers will be available every Sunday from 3/1 to 3/29 from 1:30 – 5 pm. Drop-in only. Milpitas  VITA volunteers will be available Saturdays from 2/8 to 4/11 from 10:30 am - 1:30 pm. Sign-up sheets will be posted at 9 am each day. Informed Voting in 2020 Milpitas Library will serve as a polling site with all SCCLD libraries providing ballot information to help you vote. With the March 3 California Presidential Primary around the corner, the Library is partnering with the County Registrar of Voters (ROV) to make it easier for patrons to be prepared and vote. The League of Women Voters of California’s Easy Voter Guides (available in multiple languages) and voter registration forms are available in our libraries and on the voting resources available page on our website. This year, the County is moving away from precinct-based elections, but will still offer a limited number of polling locations for those who wish to vote in person. Milpitas Library is one such official voting site. ROV will be mailing out vote by mail ballots starting on February 3. Voters can either fill out and mail back their ballots, no postage needed, or carry them in to official voting or drop-off sites. All SCCLD libraries will be designated as 24-hour ballot drop-off sites. Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga SILICON VALLEY READS Silicon Valley Reads is in full swing in February. Below is a list of some of the highlight events at each of our libraries. Please visit SiliconValleyReads.org or our website at sccld.org/svr for a complete list of scheduled events. CAMPBELL LIBRARY Lumos: Magical Circuit Wants – STEM for Mothers and Daughters Sun, Feb 2 @ 2-4pm Catherine Chung, Author of The Tenth Muse Sun, Feb 23 @ 2pm Life and Times of Rosie the Riveter-Film Wed, Mar 4 @ 7pm CUPERTINO LIBRARY Paving the Way: Women’s Struggles for Political Equity in California Wed, Feb 19 @ 7pm Catherine Chung, Author of The Tenth Muse Thur, Feb 27 @ 7pm Learning from the Lemonade Stand- Children grades 3 and up Sat, Mar 7 @ 3pm GILROY LIBRARY The Life of Georgia O’Keeffe Sat, Feb 15 @ 11am Lumos: Magical Circuit Wants – STEM for Mothers and Daughters Sun, Feb 16 @ 2-4pm Catherine Chung, Author of The Tenth Muse Sun, Mar 1 @ 2pm LOS ALTOS LIBRARY Forgotten Women of Science Tue, Feb 11 @ 1:30pm Wherever There’s a Fight Thur, Feb 20 @ 7pm Julian Guthrie, Author of Alpha Girls in Conversation with Abe Kleinfeld Fri, Feb 28 @ 7:30pm Serving the unincorporated areas of Santa Clara County and the cities of Campbell | Cupertino | Gilroy | Los Altos | Los Altos Hills | Milpitas | Monte Sereno | Morgan Hill | Saratoga MILPITAS LIBRARY Iron Jawed Angels- Film Sat, Feb 8 @ 2pm Hidden Figures- Film Sat, Mar 7 @ 2pm Learning from the Lemonade Stand- Children grades 3 and up Sun, Mar 8 @ 4pm MORGAN HILL LIBRARY Book Discussion: Alpha Girls Tue, Mar 3 @ 7:30pm Learning from the Lemonade Stand- Children grades 3 and up Wed, Mar 4 @ 4pm Lumos: Magical Circuit Wants – STEM for Mothers and Daughters Sun, Mar 8 @ 2-4pm SARATOGA LIBRARY Hidden Figures- Film Mon, Feb 24 @ 7pm Catherine Chung, Author of The Tenth Muse Sat, Feb 29 @ 10:30am Learning from the Lemonade Stand- Children grades 3 and up Sat, Feb 29 @ 2pm SARATOGA LIBRARY REPORT January 2019 Annapurna Dandu, Acting Community Librarian On November 26th staff had the pleasure of witnessing a patron propose marriage to his girlfriend. They both regularly studied together in the Group Study Room and that is where they fell in love, staff was told. The young man (Mert) created a short library treasure hunt for his sweetheart (Asli), which she discovered and followed, leading her eventually to the patio where the proposal took place and was happily accepted. It was a sweet and charming event to observe, before and after which both repeatedly professed their appreciation for Saratoga Library. STATISTICS November 2018 November 2019 December 2018 December 2019 Total Circulation 93,503 87,486 98,181 100,585 Adult/Teen Circulation 48,327 39,900 53,399 52,755 Children’s Circulation 45,176 47,586 44,782 47,830 Use of OverDrive E-Books 4,189 6,097 4,835 6900 Use of OverDrive Downloadable Audiobooks 2,196 2,097 2,330 3786 Total Number of Programs 70 75 62 113 Programs Total Attendance 2,263 2317 1,680 2348 New Library Cards Issued 197 2,580 204 202 Door Count 31,050 31,970 31,690 33,025 Outreach Events 2 3 1 3 Outreach Total Attendance 191 47 118 311 Volunteer Hours 1285 1464 1186 1376 OUTREACH In December, Saratoga Library staff attended the West Valley College Farmer’s Market, Saratoga High School, and Blue Hills Elementary to share Best Sellers and other popular materials. JANUARY PROGRAMS Children Lego Club March 2 & 16 at 4:00 pm Love LEGOs? Kids of all ages are invited to drop in and create all sorts of fun. The library provides the LEGOs, you provide the creativity! Family Fun with Blue Blocks March 6, 13, 20 and 27 at 4:00 Kindergarteners and older - drop in and use your creativity to build with our BIG BLUE BLOCKS! San Francisco Bay Bird Conservation March 14 at 2:00 pm Learn about local birds and their populations in this program presented by the San Francisco Bay Bird Observatory. During this program children and their families will get a chance to do a variety of hands-on activities while learning the importance of avian science. Recommended for children 6-12 and their families. STEAM: Catch a Leprechaun March 17 at 4:00 pm Have you ever tried to catch a leprechaun? Come and design and build a leprechaun trap to see if you can catch one! Bilingual (Mandarin) Story-time March 24 at 11:30 am Enjoy storyteller Jean’s fun stories, songs, and fingerplays for infants, toddlers , and preschoolers. Paws to Read March 24 at 4:00 pm K-5th graders, improve your pronunciation skills and gain confidence by reading to a patient and quiet therapy animal. No registration required; first-come, first-served drop-in. Cereal Rangoli Craft March 25 at 4:00 pm All ages are welcome, just bring your imagination. Mix a little glue and dry cereal to fashion a rangoli or any other design that you choose. Who said sugar cereal wasn’t good for you? Teen Instagram Workshop March 6 at 4:00 pm Teens come learn to make your pictures look great on Instagram. Get tips on how to edit photos, apply filters, and learn about the golden rule. Teens ages 12-18 only. Introduction to Photoshop March 14 at 10 am Here's how to make your photos look great! In this workshop you will learn the basics of selecting and cutting images out, then arranging them in n ew places using principles of depth and design. This workshop is for teens ages 13-18 only. CoderDojo Coding Club March 15 at 1:30 pm CoderDojo Coding Club is an open learning environment featuring a different coding language at each table. Collaborate with others interested in the coding language you are interested in. Bring a project or start something new. Help each other with projects. Adult mentors are available for assistance. • Events are open to students from 11 - 17 years of age. • Bring your own laptop or borrow one from the library. • Seating is limited, so please register. Walk-ins only permitted if there is space available. Sign up for CoderDojo event notifications: http://bit.ly/cdsvsaratoga Adults Paint Party March 6 at 10:30 am Come paint your own master piece at our paint party for adults. Professional painter Paul Loughridge will guide you through the process - no experience necessary. All supplies provided. SVR Movie: The Life and Times of Rosie the Riveter March 9 at 7:00 pm Five women, who worked in the shipyards and defense plants during World War II, recount their experiences at work and offer comments on society's expectations of them during the war effort and after the war. Count Me In – Census 2020 March 12 at 12:15 pm Learn why it is so important to participate in the 2020 Census and what questions to expect. The speaker will be from the Santa Clara County Office of the Census. Craft Programs at the Saratoga Library Fall Craft Gingerbread House Making FSL President's Report for Library Commission February 2020 - At the Book-Go-Round, we went live with the Square Register in late November. It has been a big hit with both customers and volunteers. - Our Bylaws committee continues to meet. We are considering changes to terms and term limits, addition of members-at-large, and a distinction between officers (President, Vice President, Secretary, and Treasurer) and other board members. - We held another successful Friends Sharing Books event at the Book-Go-Round in February 6. - After years of dedicated service, Wayne Innamorato resigned as eBay Sales Manager. In the last few months, he has helped enormously in the transition to a team approach. - Due to health concerns, Glenda Smith resigned from the FSL. Her position as Vice President has been filled by Jennifer Van Dalsen and her position as category manager for Art books has been filled by Dorsey Braunstein. Respectfully submitted, Alice Patrick President, Friends of the Saratoga Libraries CITY OF SARATOGA Memorandum To: Library Commission From: Crystal Bothelio, Assistant City Manager Date: February 25, 2020 Subject: Commission Report Emergency Preparedness When disaster strikes, it may be days before emergency services arrive in your neighborhood. Will you be ready? Sign up for one of the emergency preparedness classes below and register for emergency notifications through AlertSCC by texting your zip code to 888777. Personal Emergency Preparedness: a free three-hour class taught by Santa Clara County Fire Department that teaches individuals and families how to prepare and be self-sufficient for several days after a major disaster. Classes take place every month throughout the West Valley, including a class on March 12 in Cupertino at 6:00 p.m. For more information, visit www.sccfd.org Community Emergency Response Team (CERT): Sign up an upcoming CERT Academy to learn how to prepare yourself and work with fellow CERT members to provide essential services to your community during and after a disaster. Academies are offered throughout the year in the West Valley area. The next Saratoga academy starts in May. For more information, visit www.sccfd.org Paint the City – Vote for your Favorite Artwork! Saratoga residents have until February 26 to vote for their favorite designs for 5 utility box locations throughout the City. The City received 67 stunning submittals from Saratoga artists, and the Public Art Committee narrowed the choices to 3 options for each location. Artwork that receives the most votes will be presented to the City Council on March 4 for final approval. To cast your vote, visit www.saratoga.ca.us/paintthecity You Can Now Text 9-1-1 Call if you can, text if you can’t! Text to 9-1-1 is now available in Saratoga. Anyone experiencing a life-threatening emergency who is hearing/speech impaired, and anyone who feels unsafe to speak on the phone, can now send a text message to 9-1-1. For more information, visit www.sccgov.org/textto911