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HomeMy WebLinkAbout1979-02-20; City Council; 5762; Review of Council Policy No. 8CITY OF CARLSBAD AGENDA BILL NO. DATE: DEPARTMENT: vJ ^£ »? February 20, 1979 Mayor Initial: Dept.Hd. C. C. Atty. Mgr. T)~s Subject: REVIEW OF COUNCIL POLICY NO. 8 Direction from City Council to City Manager and City Attorney i Statement of the Matter Mayor Packard has requested that Council Policy No. 8 be placed on the Council agenda for consideration and discussion by the City Council. Council Policy No. 8 provides that any direction given by any member of the City Council to the City Manager or the City Attorney will be deemed a request by the Council as a whole, unless specifically objected to by a member of the City Council. Exhibit Council Policy No. 8 Recommendation Advise City Manager to retain in the City Council Policy Book, remove from the Policy Book, or modify as directed by the . City Council. Council Action: 2-20-79 Council directed that this Policy be deleted. CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: ADMINISTRATION Specific Subject: COUNCILMANIC REQUESTS Policy No. 8 Date Issued July 6. 1971 Effective Date July 6. 19 Cancellation Date Supersedes No. Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To establish a policy regarding directions from the Council to the City Manager or the City Attorney. STATEMENT OF POLICY: A request by the Mayor or any other Councilman at a City Council meeting directed to the City Manager or the City Attorney, unless objected thereto by any member of the Council, shall be deemed a request of the Council as a whole. Such request shall be acted upon promptly, and the'action thereon shall be reported back to the Council at the earliest practicable date. If not implemented by the succeeding Council meeting, or other date as set by the Council, a report on the status will be forthcoming at th.e next succeeding Council meeting. DATE: FEBRUARY 13, 1979 TO: CITY COUNCIL FROM: City Manager SUBJECT: COUNCIL POLICY NO. 8 Council Directions to City Manager and City Attorney The current discussion of this policy probably originated when I was discussing the disposition of the Magee Barn with Councilman Anear. At that time I pointed to Councilman Anear that the staff could have, and maybe should have, had the barn burnt as a fire training exercise as he suggested at a Council meeting since Council Policy No. 8 indicates that type of direction is to be considered as direction from the entire Council. I further pointed out that it was possible all Council members did not recall that particular policy and may not have understood the staff's destruction of the barn without further Council discussion. It is extremely difficult both for the staff and, I'm sure, for the City Council to sometimes differentiate between general comments made by Council members as part of a general discussion which is not intended as directions to the staff, and specific direction to the staff with which the rest of the Council concur but do not necessarily vote on. In discussing this matter with a number of you, it was not my intention that the policy should necessarily be removed. I'm certain the intent of the policy was to see that the staff did respond to the Council in an expeditious manner. When it is not clear to the City Attorney or me as to whether or not we have been given directions, it is an easy matter for us to request clarification that it is the intent of the majority of the Council that we move ahead as suggested on a given matter. If the Council, itself, is not satisfied with the policy, a modification or elimination of the policy would be in order. PAUL D. BUSSEY City Manager PDB:ldg MEMORANDUM Date: February 22, 1979 To: All Department Heads From: City Clerk RE: COUNCIL POLICY NO. 8 This is to notify you that at the meeting of February 20, 1979, Council directed that Council Policy No. 8 be deleted. Remove Council Policy No. 8 from your manuals and replace it with this memorandum in that the number will not be reused. J? /_ / V\a^M^^^^r "LEE RAUTENKRANZ /- City Clerk LR:ar