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HomeMy WebLinkAbout2020-03-10; City Council; ; Discuss Ground Rules for City Council Ad Hoc Committees@ CITY COUNCIL · Staff Report Meeting Date: To: From: Staff Contact: Subject: March 10, 2020 Mayor and City Council Scott Chadwick, City Manager Sheila Cobian, City Clerk Services Manager Sheila.cobian@carlsbadca.gov or 760-434-2808 Discuss Ground Rules for City Council Ad Hoc Committees Recommended Action Discuss ground rules for City Council Ad Hoc Committees. Executive Summary CAReview _l!,,,/2_ Due to the complexity and number of topics that City Council Members consider on a regular basis, Ad Hoc Committees can be useful in providing additional time and research into certain topics. There are currently three active City Council Ad Hoc Committees: 1. Sober Living 2. Carlsbad Municipal Code and City Council Policies Update 3. Homelessness On Nov. 12, 2019, the City Council voted to prepare ground rules for City Council subcommittees. Discussion This item is being presented to the City Council so that they may discuss the proposed Ad Hoc Committee ground rules and provide direction to staff. All boards, commissions, and committees advise the City Council concerning policies and programs. Ad hoc or ,;temporary" committees are treated differently under the Brown Act. Ad hoc committees are not subject to the notice and posting requirements of the Brown Act so long as the committee: 1. Consists of less than the number of members which would constitute a quorum 2. Has a defined purpose and a time frame to accomplish that purpose 3. Is advisory, i.e., the committee has not been delegated any decision-making power and will be returning to the full City Council on its recommendation. (See, Cal. Gov. Code, §54952, subd. (b); Joiner v. City of Sepastopo/ (1981) 125 Cal App. 3d 799) March 10, 2020 Item #6 Page 1 of 7 Proposed Ad Hoc Committee Ground Rules 1. The purpose of Ad Hoc Committees is to promote discussion on a specified topic which results in the two appointed City Council members presenting their recommendations to the full City Council for discussion. 2. Ad Hoc Committees will consist of two City Council members and a staff liaison only, or two Council members, a staff liaison and other subject matter expert city staff. 3. All member of the Ad Hoc Committee shall adhere to Respectful Workplace & Non- Discrimination Policy. 4. The City Manager retains the authority to select the staff liaison and subject matter expert city staff member assisting an Ad Hoc Committee. 5. Meetings will be held during regular business hours, M-F, 8-5, unless otherwise directed by the Ad Hoc Committee City Council members. 6. Ad Hoc Committees will have a distinct start and end date, unless otherwise determined by the full City Council. 7. Ad Hoc Committees shall meet as needed depending on the topic, applicable deadlines, previous City Council actions, and availability of City Council members and staff. 8. Each Ad Hoc Committee will have a staff liaison, regardless of format. The staff liaison's role is to schedule meetings, prepare agendas, write meeting summary notes, and prepare staff reports for City Council report out discussions. 9. If the Ad Hoc Committee involves staff other than the staff liaison, their role may include research, compiling data and materials in preparation for meetings, gathering best practices from other organizations, and data analysis as appropriate. 10. When the Ad Hoc Committee has agreed on recommendations, these will be reviewed by the City Manager and City Attorney, and then the Ad Hoc Committee City Council members will present their recommendations to the full City Council at a regularly scheduled City Council meeting. 11. Any subsequent actions will be made by the full City Council. Fiscal Analysis This agenda item is for discussion only, therefore there are no fiscal impacts at this time. Next Steps Depending on City Council direction, staff will return at a future date with final ground rules and a resolution for consideration. · Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and, therefore, does not require environmental review. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing at least 72 hours prior to the scheduled meeting date. Exhibits 1. Administrative Order No. 45-Respectful Workplace & Non-Discrimination Policy March 10, 2020 Item #6 Page 2 of 7 ADMINISTRATIVE ORDER NO 45 (REVISED) This order supercedes Administrative Orders 45 and 56 TO: FROM: ALL DEPARTMENTS CITY MANAGER RESPECTFUL WORKPLACE & NON-DISCRIMINATION POLICY PURPOSE Exhibit 1 In harmony with the City's mission to provide top-quality service that enhances the quality of life for all who live, work, and play in Carlsbad, the City is committed to maintaining a workplace that respects all individuals and is fr_ee from discrimination and harassment in any form. This policy outlines: 1) the behaviors, practices and activities that are expected in the workplace, 2) the responsibilities of employees, managers/supervisors and the Human Resources Department, and 3) the actions that wiIJ be taken to ensure this policy is affirmed. POLICY: • The City values a diverse workforce and is committed to providing equal employment opportunity to all applicants and employees regardless of race, sex, religious creed, color, national origin or ancestry, physic_al or mental disability, medical condition, marital status, v.eteran's status, age or sexual orientation. This commitment applies to all personnel actions, including but not limited to compensation, benefits, terms and conditions of employment, opportunities for promotion, training and development, transfer, and other privileges of employment. • The City also values respectfulness, collaboration, and teamwork in the workplace and prohibits any form of discrimination and harassment that would otherwise conflict with these values. Any applicant, official or contractor found in violation of this policy will be subject to appropriate sanctions. Any employee or officer found in violation of this policy will be subject to disciplinary action up to and including · termination. • To ensure that the City's respectful workplace is preserved, a timely complaint procedure to report violations of this policy is available to all individuals. Human Resources is responsible for administering this complaint procedure, including authorizing and/or conducting an investigation and, in consultation with the affected department, recommending disciplinary action commensurate with the severity of the offense and other appropriate remedial action. 1 March 10, 2020 Item #6 Page 3 of 7 RESPONSIBILITIES All City Employees: • Model behavior that respects aJJ individuals in the workplace and that complies with the principles and spirit of this policy. • Report any act that he/she believes in good faith constitutes harassment or discrimination, as defined here, to management or to the Human Resources Department. • Maintain confidentiality in any investigation that the City conducts by not disclosing the substance of any investigatory interview. except as directed by the Department Head or Human Resources. • Cooperate fully with the City's investigatiop. into alleged violations of this policy by responding fully and truthfully to all questions posed during the investigation. Management and Supervisory Employees (including Officers .and Officials): • Be knowledgeable about this policy and model behavior that respects all individuals in the workplace and complies with the principles and spirit of this policy. • Inform and communicate this policy to your employees, answer any questions and provide guidance to employees regarding appropriate behavior in the workplace. • Be proactive in monitoring your work environment and take immediate appropriate action to stop potential violations, such as removing inappropriate pictures and correcting inappropriate language. • Take complaints of discrimination and harassment seriously by immediately dealing with the situation, listening to the complaint, assuring the victim of protection against reprisals or retaliation, and immediately reporting the complaint to your Department Head and Human Resources for further action. • Implement appropriate discipline and remedial action after the investigation. Human Resources Department: • Ensure that all employment decisions and practices comply with this Administrative Order. • Communicate the policy of respectful workplace, non-discrimination and equal opportunity employment through internal and external postings on official bulletin boards, in employee orientations, in training, and through other employment documents. • Provide guidance and training to managers and supervisors regarding their responsibilities as outlined in this Administrative Order .. • Admini~ter the complaint procedure, inc1uding authorizing and/or conducting investigations and in consultation with departments, recommending disciplinary action commensurate with the severity of the offense and other remedial action. 2 March 10, 2020 Item #6 Page 4 of 7 DEFINITIONS: Below are definitions of words or phrases that will help you to understand this policy. Many of these definitions occur in the law and are spelled out in detail to ensure that specific behaviors that have legal consequences are clearly understood. Respectful Workplace means a work environment in which all individuals treat one another in a courteous, honorable and esteemed manner. Behaviors that promote the core competencies of effective teamwork, collaboration, leadership and quality customer service will be the standards by which all employees will be evaluated. Protected Classifications identified in the law include: 1) ~ individual's sex, race, religious creed, color, national origin or ancestry, physical or mental disability, medical condition, marital status, veteran's status, age or sexual orientation (heterosexual, homosexual or bisexual); 2) an individual who is perceived to have a protected classification; and 3) an individual who associates with a person who has or is perceived to have a protected classification. Discrimination: The result of an action(s) that negatively and unfairly impacts an individual or group of individuals based.on their protected classification. · Harassment: is a form of discrimination. Depending on the circumstances, a single act of harassment or a series of acts, as defmed below, can violate this Administrative Order. Verbal Harassment includes epithets, jokes, comments, or slurs that identify a person on the basis of his/her protected classification, intimate or.other nicknames, comments on appearance--including dress or physical features--or stories that tend to disparage those within a protected classification ... Visual Forms. of Harassment include gestures, posters, notices, bulletins, cartoons, pictures or drawings that tend to disparage those within a protected classification. Physical Harassment includes assault, impeding or blocking movement, physically interfering with normal work or movement, pinching, grabbing, patting, propositioning, leering, making express or implied job threats or promises in return for submission of physical acts, mimicking, stalking or taunting. Sexual Harassment includes unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature directed at an employee which is presented as a condition of an employment benefit, unreasonably interferes with an individual's work performance or creates a hostile, intimidating or offensive work environment. 3 March 10, 2020 Item #6 Page 5 of 7 Guidelines for Identifying Harassment: 1. Behavior is unwelcome and which is taken because of a recipient's protected classification. 2. The behavior is measured from the totality of circumstances, including the nature and severity of the conduct, .frequency of the offensive behavior, interference with· work performance, effect on the complaining employee and the context in which the conduct occurred. 3 . An objective standard is applied; e.g., would a ''reasonable person of comparable circumstances and status" find the behavior hostile or abusive? 4. Harassment can occur even if a recipient appears to voluntarily "consent" to the conduct at issue (for fear of being insubordinate or retaliated against or to avoid being ostracized) or even if the intent of the behavior is not meant to be offensive. 5 .. If you are in doubt as to whether any particular conduct may violate this Administrative Order, seek guidance from your supervisor or Human Resources. Retaliation is any adverse conduct taken because an individual has reported harassment or has participated in the investigation of a discrimination or harassment complaint. Adverse conduct means taking sides because an individual has reported harassment, spreading rumors about a complainant, ostracizing an individual who reports harassment or threatening to prevent an individual from reporting harassment. Confidentiality in the investigative process means that those interviewed are prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor, manager or Human Resources. Complete confidentiality cannot occur because the City must disclose the substance of a complaint in order to fully investigate and take effective remedial action. The City will not disclose a completed investigation report except, as it deems necessary to support a disciplinary action, to take remedial action, to defend itseJf in adversarial proceedings, or to comply with the law or a court order. · COMPLAINT PROCEDURE: Any in~vidual who feels he/she has been discriminated, harassed or retaliated against in violation of this Administrative Order should report the conduct immediately so that the complaint can be resolved quickly and fairly. The City strongly encourages any individual who feels that he/sh.e has been discriminated or harassed in violation of this policy to let the offending person know immediately and firmly that the conduct at issue is unwelcome, offensive and inappropriate and must stop. 1. If an individual who has been discriminated or harassed prefers not to confront the offending person, the individual is encouraged to immediately report the conduct to their supervisor, department head, any member of management or to Human March 10, 2020 Item #6 Page 6 of 7 City Clerk Services Manager Sheila Cobian March 10, 2020 Discuss Ground Rules for City Council Ad Hoc Committees Current Ad Hoc Committees •Sober Living (Dissolve after one year) •Carlsbad Municipal Code & City Council Policies Update (Dissolve upon completion of project) •Homelessness (Dissolve by May 17, 2020) Ad Hoc Committees •Consist of less than the number of members which would constitute a quorum •Has a defined purpose & time frame to accomplish purpose •Is advisory in nature and returns to full City Council with recommendations Proposed Ad Hoc Committee Ground Rules 1.The purpose of Ad Hoc Committees is to promote discussion on a specified topic which results in the two appointed City Council members presenting their recommendations to the full City Council for discussion. 2.Ad Hoc Committees will consist of two City Council members and a staff liaison only, or two Council members, a staff liaison and other subject matter expert city staff. 3.All members of the Ad Hoc Committee shall adhere to Respectful Workplace & Non-Discrimination Policy. Proposed Ad Hoc Committee Ground Rules 4.The City Manager retains the authority to select the staff liaison and subject matter expert city staff member assisting an Ad Hoc Committee. 5.Meetings will be held during regular business hours, M-F, 8-5, unless otherwise directed by the Ad Hoc Committee City Council members. 6.Ad Hoc Committees will have a distinct start and end date, unless otherwise determined by the full City Council. Proposed Ad Hoc Committee Ground Rules 7.Ad Hoc Committees shall meet as needed depending on the topic, deadlines, previous City Council actions, and availability of City Council members and staff. 8.Each Ad Hoc Committee will have a staff liaison, regardless of format. The staff liaison’s role is to schedule meetings, prepare agendas, write meeting summary notes, and prepare staff reports for City Council report out discussions. Proposed Ad Hoc Committee Ground Rules 9.If the Ad Hoc Committee involves staff other than the staff liaison, their role may include research, compiling data and materials in preparation for meetings. 10.When the Ad Hoc Committee has agreed on recommendations, these will be reviewed by the City Manager and City Attorney, and then the Ad Hoc Committee City Council members will present their recommendations to the full City Council at a regularly scheduled City Council meeting. 11.Any subsequent actions will be made by the full City Council. Questions?