Title
Recommendation to Consider Adoption of a City Council Code of Conduct and Councilmember Handbook, and Code of Conduct, Providing Guidelines for Councilmembers to Follow in Conducting City Business and Fulfilling Their Responsibilities as City Elected Officials. (City Manager/City Attorney)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The City Council, agreeing with recommendations from the Alameda Civil Grand Jury, directed staff to return with a draft Councilmember Code of Conduct/Handbook in order to provide additional guidance for Councilmembers in the conduct of the City’s business and fulling the duties of their public office. Staff now presents a proposed Handbook/Code of Conduct for Council consideration. Staff anticipates that the City Council will consider making both additions and deletions to the draft code of conduct/handbook.
BACKGROUND
The City of Alameda (City) has had longstanding commitment regarding transparency, open government, and high functioning local governance. Consistent with these commitments, the City has adopted numerous policies that provide guidance for Councilmembers in the conduct of their public office. Examples of such policies include, the Sunshine Ordinance, the Council Rules, the Policy Prohibiting Harassment, Discrimination & Retaliation, and the Conflict of Interest Code. However, these policies were never consolidated into a master document for ease of access.
On June 11, 2019, the Alameda County Grand Jury recommended that the City more formally establish a Councilmember Code of Conduct/Handbook. On July 16, 2019, the Council agreed with this recommendation and directed staff to return with such a Code of Conduct/Handbook.
DISCUSSION
Following the Council’s direction on July 16, staff from the City Manager’s Office and the City Attorney’s Office have been consolidating existing City policies and reviewing best practices from other jurisdictions in order to create a Code of Conduct/Handbook (Handbook) that best suits Alameda.
The proposed Handbook consolidates and references information from existing City polices, and incorporates additional recommended policies, such as a Social Media Policy, based upon best practices from other jurisdictions and analysis of existing City practices. The principal areas addressed by the proposed Handbook include:
• City governance;
• Council meetings;
• Agenda setting;
• Staff attendance and participation at Council meetings;
• Public participation at Council meetings;
• Meeting minutes;
• Council communications with staff and with the public; and
• Use of social media.
The proposed Handbook further outlines a process for Council censure of members who violate the policies set forth in the Handbook.
While most proposed policy provisions generally reflect existing practices, the attached Social Media Policy would represent a change in practice. Accordingly, it is presented to the Council as an alternative for consideration, further direction or adoption as appropriate. Currently, Councilmembers, from time-to-time, post comments on social media sites such as Facebook. Of course, a quorum of Councilmembers posting on a particular conversation could violate both the Brown Act and the Sunshine Ordinance. Current City practice leaves Councilmembers to self-regulate (e.g. after two Councilmembers post, no additional Councilmembers may do so). This leaves much room for inadvertent error (e.g. a third Councilmember may not see that two others have already responded, especially when facing a long thread/conversation). Accordingly, staff recommends Councilmembers refrain from posting or responding on any form of social media for any matter within the Council’s subject matter jurisdiction. The Policy leaves one exception which permits Councilmembers to post on any site or page on which an individual Councilmember or two Councilmembers has/have exclusive custody or control, (e.g. a Councilmember would be allowed to post on his or her own Facebook page.) Even in on a site or page controlled by one or two Councilmembers, statements and content should be considered in the context of the Councilmember(s) capacity as an elected official.
ALTERNATIVES
Alternatives include:
• Adopt the proposed City Councilmember Handbook, and Code of Conduct as drafted.
• Adopt the alternatively proposed Social Media Policy as drafted
• Decline to make any, some or all of the matters proposed in the Handbook.
• With respect to the censure process, the City Council could choose to utilize a less punitive initial step especially for first time or what would be considered minor violations. There are various ways to create a more informal first step if City Council wishes to consider. There is proposed language regarding social media. This is based on other seen practices of entities attempting to address social media use within the Brown Act laws. This is still an evolving issue.
It should also be noted that staff has not brought forward at this time a draft policy concerning campaign contributions as the City Council as a whole has not provided direction for staff to do so. If City Council is interested in considering such a policy or ordinance, City Council should provide that direction.
FINANCIAL IMPACT
There is no financial impact from the proposed action.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment. This action is not a project under Public Resources Code section 21065 and CEQA Guidelines section 15378.
CLIMATE IMPACTS
There is no climate impact associated with this action.
RECOMMENDATION
Consider the proposed City Councilmember Handbook, and Code of Conduct, and either adopt or continue the item with possible changes. We anticipate there will be deletions and or additions made.
Respectfully submitted,
Eric Levitt, City Manager
Yibin Shen, City Attorney
By,
Michael Roush, Chief Assistant City Attorney
City Manager’s office
Exhibits:
1. City Council Handbook
2. Social Media Policy
3. Existing Policies