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HomeMy WebLinkAboutItem 8.1 - 1392 Commissioner Absenteeism Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: April 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Current Policies on Commissioner Absenteeism and Best Practices from Surrounding Communities Prepared by: Hazel L. Wetherford, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will receive information on the City’s policy regarding Commissioner absenteeism and best practices from surrounding communities. STAFF RECOMMENDATION: Receive the report, and if desired, provide policy direction. FINANCIAL IMPACT: There is no financial impact to receiving this information. DESCRIPTION: At the January 10, 2017 City Council meeting, the City Council re quested information on the City’s policy regarding Commissioner absenteeism and best practices from surrounding communities. The City of Dublin has Commissions and Committees that serve as advisory bodies to the City Council. Those bodies are listed below:  Heritage and Cultural Arts Commission (HCAC)  Human Services Commission (HSC)  Parks and Community Services Commission (PCSC)  Planning Commission (PC)  Senior Citizen Advisory Committee (SCAC)  Youth Advisory Committee (YAC) Section 36506 of the California Government Code states that appoin ted officers, including City Commissioners, hold office at the pleasure of the City Council. Page 2 of 4 Dublin’s Current Policy related to Commission/Committee Absenteeism Five of the six advisory bodies to the City Council (HCAC, HSC, PCSC, SCAC & YAC) have their own set of Bylaws and Rules of Procedure (Appendices 4-8 of Attachment 1) that are not codified in the Municipal Code, but are approved by the City Council. These advisory bodies all include a general policy for absenteeism and removal (in bold below) with the exception of the YAC. HCAC, HSC, PCSC & SCAC Bylaws and Rules of Procedure - Commission members must attend 75% of all regular and special meetings in any 12-month period. - Any member of the Commission may be removed from office with the approval of a majority of the City Council. - The Secretary to the Commission shall notify the Mayor if a Commission member is absent from three (3) consecutive meetings. - The Commission member shall also be notified that they may be removed from the Commission. - The Secretary to the Commission shall provide the Mayor with monthly or quarterly attendance reports and an annual overview of attendance by Commission members. The sixth advisory body to the City Council, the Planning Commission, has their absenteeism policy codified in the Municipal Code in Chapter 2.12 (Appendix 2 of Attachment 1). Their policy is also general and is similar to the other advisory bodies. Planning Commission (PC) - Commissioners must attend at least 75% percent of regular and special meetings in any 12-month period. - Any Commissioner who is absent from 25% or more meetings within a 12-month period or is absent from three (3) consecutive meetings may be removed at any time during the Commissioner’s term of office by a majority of the City Council. - Removal and appointment of PC members shall be made only at a regularly scheduled meeting of the City Council. The absenteeism policy for all advisory bodies is general in nature and does not include an actual procedure for automatic removal or resignation a s seen in other communities. Best Practices from Surrounding Communities At the City Council’s direction, Staff looked into best practices from our surrounding communities, which includes the Town of Danville and the cities of Fremont, Livermore, Pleasanton, San Ramon, and Walnut Creek. To briefly summarize the findings, Danville and Fremont have language in their municipal codes for automatic vacancy/disqualification; Livermore allows for the Commission to make a request to the City Council for removal of a commissioner; Pleasanton has a procedure where the Secretary reports absences every six months to the City Manager and the Commissioner is asked to submit a response in writing to the City Council for review; San Ramon has a Policy Committee of the Ci ty Council that reviews absenteeism; and, Walnut Creek does not address it in their municipal code or their commission rules and procedures document. Page 3 of 4 The following is a brief description of each policy: Town of Danville  Absences are codified in the Municipal Code.  If a Planning Commission member is absent without cause from three (3) successive regular meetings of the Commission, the office becomes vacant automatically. City of Fremont  Absences for all advisory bodies are codified in one section of the Fremont Municipal Code (it is lumped together in one section for all advisory bodies).  Consecutive Unexcused Absences. If a Member is absent with three (3) consecutive unexcused absences, he or she shall be ineligible to continue. The secretary reviews the attendance record after each meeting, and if a member becomes ineligible, the secretary will notify the Chairman and the City Clerk in writing. The City Clerk will notify the City Council.  Unexcused Absences During Six-Month Period. If a Member is absent with four (4) unexcused absences during the first or last six months of a calendar year, he or she shall be automatically disqualified from continuing membership. City of Livermore  Absences for all advisory bodies are codified in one section of the Munici pal code. Attendance is described in general terms and directs you to each respective advisory body Rules of Procedure.  Planning Commission members may miss six (6) meetings per calendar year. A member who misses more than six meetings per year may be sub ject to removal from the Commission. The Commission may request that the City Council remove from the Commission any members who miss more than six meetings per year. The member may appeal the request for the removal to the City Council. The final decision to remove a member from the Commission rests solely with the City Council. City of Pleasanton  Absences for all advisory bodies are codified in one section of the Municipal code, and it includes a list of procedures.  If a Commissioner is absent from one-third of the regular meetings within a six-month period, the following procedures shall apply to termination of office as a result of absences from commission meetings: 1. At the end of each six-month period, the secretary of the commission shall report the attendance record of each member of the commission to the City Manager, who shall transmit the record to the City council. 2. The City Manager shall notify, in writing, any commissioner who has been absent from one-third or more of the regular meetings during the course of a six-month period and request that the commissioner submit, in writing, to the City Council the reasons for the absences. Page 4 of 4 3. The City Council shall determine if the commissioner’s reasons for the absences were justified. If the City Council determines that the reasons for the failure of the member to attend the meetings in question were not justified, the City Council shall terminate the term of office of the commissioner and declare the office vacant. 4. If the City Council declares such office vacant, the City Clerk shall notify the commissioner that the commissioner’s term has been officially terminated. City of San Ramon  Attendance is not codified in the Municipal Code. It is included in the commission bylaws.  Three (3) consecutive or any five (5) regular unexcused absences in any twelve-month (12) period shall constitute a review of the commissioner’s continued appointment by the Policy Committee of the City Council. If the Policy Committee recommends the resignation of a commissioner due to absence, the resigned position will be announced publicly and filled under the appointment process. Former members may re-apply. Attendance records will be maintained by staff. City of Walnut Creek  Attendance is not codified in the Municipal Code. It is part of the commission Rules and Procedures.  The Rules and Procedure does not mention a procedure for absenteeism.  The City Council Handbook does, however, mention that the City Council receives an attendance report for all commissioners and may remove a commissioner for excessive absences. Commission members who are unable to continue their service, for whatever reason, should submit a formal letter of resignation to the City Council. A commission member may be removed from office at any time by majority vote of the City Council. In conclusion, a review of Dublin’s neighboring communities shows a variety of methods to address the issue of Commissioner absenteeism. Following the City Council’s discussion of this matter, if the City Council wanted to codify conditions for absenteeism, Staff would return at a future City Council meeting with amendments the City’s Municipal Code and modifications to the bylaws of each Commission. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The Staff Report was provided to members of the Heritage & Cultural Arts Commission, Human Services Commission, Parks and Community Services Commission, Planning Commission, and Senior Center Advisory Committee. ATTACHMENTS: 1. Commissioner Resource Handbook Revised April 2017 Commissioner Resource Handbook Commissioner Resource Handbook April 2017 TABLE OF CONTENTS Introduction…………………………………………………………………………...…. 1 Mission, Vision and Values………………………………………………………………. 2 Historical Background……………………………………………………………………. 3 City Government……………………………………………………………………….... 4 City Council…………………………………………………………………………….... 5 City Administration……………………………………………………………………… 6 Dublin Municipal Code…………………………………………………..………………. 11 General Plan…………………………………………………………………...…………. 11 City Commissions/Committees…………………………………………………...……… 12 Appointment to City Commissions………………………………………………………. 14 Compensation and Expenses……………………………………………………..………. 14 Meeting Attendance………………………………………………………………...……. 15 Open Meeting Requirements……………………………………………………………... 15 Meeting Procedures……………………………………………………………………… 17 Public Hearings……………………………………………………………………...…… 18 Rules of Debate………………………………………………………………………….. 20 Code of Conduct………………………………………………………………………… 23 Responsibilities of Commissioners……………………………………………………….. 24 Appendix (Appendices 1 – 11) Commissioner Resource Handbook April 2017 Appendix 1. Organizational Chart 2. Chapter 2.12 of the Dublin Municipal Code (Planning Commission Rules of Procedure) 3. Resolution No. 16-08 of the Planning Commission 4. Parks & Community Services Commission Bylaws and Rules of Procedure 5. Heritage & Cultural Arts Commission Bylaws and Rules of Procedure 6. Human Services Commission Bylaws and Rules of Procedure 7. Senior Center Advisory Committee Bylaws and Rules of Procedure 8. Youth Advisory Committee Bylaws and Rules of Procedure 9. Brown Act (Open Meetings Law)/ Political Reform Act (PRA) Outline 10. Administrative Policies – Drug Free Work Place 11. Administrative Policies – Harassment Prevention Policy 12. Administrative Policies – Travel Policy and Travel Expense Report 13. Robert’s Rules of Order – Motions Chart Commissioner Resource Handbook 1 April 2017 INTRODUCTION Welcome! Thank you for volunteering your time and effort toward furthering the development and improvement of our community. Service as a Commissioner/Committee Member (herein called “Commissioner”) is a highly responsible position that provides an opportunity for genuine public service. As a Commissioner, you will find that your role requires time, effort and some lengthy evening meetings. However, it also provides an opportunity for you to help shape the future of the City of Dublin. Commissioners play an important role by being visible in the community and bringing a broad representation of ideas into the process. As a Commissioner, you are essential in the development of policies and services which reflect the needs and values of our community. In carrying out your responsibilities, you will work closely with your fellow Commissioners, the City Council and City Staff. In addition to Commissions/Committees created by Resolution or City Ordinance, the City Council regularly establishes ad hoc committees, task forces and boards, which are designated to address specific issues and/or programs. This handbook is intended to provide you with background information on the City of Dublin and its government and introduce you to your role as a Commissioner. This handbook reviews the history, government and administrative organization (see Attachment 1, Organizational Chart) of the City and provides general operating guidelines for all Commissioners. A detailed description of each Commission an d Advisory Committee, as established by the City Council and general information relative to meeting procedures and conduct are also included. Commissioner Resource Handbook 2 April 2017 MISSION, VISION & VALUES In April 2004, the City Council adopted Dublin’s Mission, Vision and Values S tatements as part of the City’s 10-Year Strategic Plan. The Plan was updated in 2013-2014. These statements are intended to serve as guidance for the City Council and Commissions/Committees in their deliberations on various proposals presented to them to ensure that our developing community is happy, healthy and well-balanced. Ten-Year Strategic Plan Adopted Fiscal Year 2013-204 Mission The City of Dublin promotes and supports a high quality of life which ensures a safe and secure environment that fosters new opportunities. Vision Dublin is a vibrant city committed to its citizens, natural resources and cultural heritage. As Dublin grows, it will balance history with progress, to sustain an enlightened, economically balanced and diverse community. Dublin is unified in its belief that an engaged and educated community encourages innovation in all aspects of City life, including programs to strengthen our economic vitality, and support environmental stewardship and sustainability through the preservation of our natural surroundings. Dublin is dedicated to promoting an active and healthy lifestyle through the creation of first-class recreational opportunities, facilities, and programs. Values Our Values in Building Community  Promote locations and events that bring people of all ages together.  Provide more venues for family-based activities.  Foster heritage and cultural development. Our Values in Ensuring a Safe Community  Provide high quality police and fire services to insure the safety of the citizens living in the community.  Provide education and training to residents and businesses that would promote public safety. Our Values in Guiding Development  Assure that development contributes positively to the City’s fiscal health.  Support pedestrian-friendly development, transit-oriented development, green building and environmental responsiveness.  Promote high quality design and architectural standards in private development and in all public facilities. Commissioner Resource Handbook 3 April 2017  Develop transportation systems that facilitate ease of movement throughout the City. Our Values in Governing  Commit to openness and responsiveness to the public and community.  Operate at all times with honesty and integrity.  Exercise fairness in consideration of issues.  Provide a high level of customer service and responsiveness from City staff to citizens.  Embrace technology to improve effectiveness and efficiency.  Strive to build an informed community through communication. Our Values in Relating to Other Communities and Entities  Encourage collaboration and communication with other communities on issues of mutual concern.  Encourage public and private partnerships of mutual benefit. STRATEGIES 1. Pursue economic development initiatives that attract new businesses while strengthening existing businesses. 2. Continue to strengthen the identity and aesthetic appeal of the downtown. 3. Create a community that supports environmental sustainability and provides an open space network that ensures environmental protection and provides public access where appropriate. 4. Develop dynamic and unique community recreational and cultural opportunities in the region. 5. Identify new and/or enhanced opportunities for community promotion, marketing, engagement, and outreach. HISTORICAL BACKGROUND Dublin has long been known as the "crossroads" of the Bay Area. Dublin sits at the crossroads of two major freeways: I-580 and I-680. However, the significance of the "crossroads" dates back over two hundred years when Dublin served as the crossroads of two important stage routes - one from the Bay Area to Stockton and the other from Martinez to San Jose. The Alamilla Spring, located in the Dublin area, provided a place for travelers to change horses and freshen up before continuing their journey. Dublin has a rich history dating back to 1772 when Pedro Fages led an expedition of 16 mounted men on a journey in search of a land route to Drake's Bay which at that time was called San Francisco Bay. Their return journey brought them through the Amador Valley. It was not until approximately 1822 when building began in the area. Jose Maria Amador had been paid in land for his years of service as a Mexican soldier and as administrator of Mission San Jose. He received a land grant of 16,517 acres in the Amador-Livermore Valley. He built several adobe homes and many small buildings that were used as shops Commissioner Resource Handbook 4 April 2017 where his Indian workers made soap, blankets, shoes, farm tools, etc., for use on his rancho. In 1852 Michael Murray and Jeremiah Fallon came to this area from Ireland. They purchased 1,000 acres of land from Jose Amador and built homes for their families. The area began to grow as many settled in the area. In 1853 Alameda County was created from parts of Contra Costa and Santa Clara counties. Both Murray and Fallon served on the Alameda County Board of Supervisors. Townships were established the next year and Murray's name was chosen for this area. By 1877 the first schoolhouse in the Amador-Livermore Valley, along with a church, two hotels, Green's Store, a wagon and blacksmith shop, and a shoemaker’s shop were constructed in Dublin. The Murray Schoolhouse, Green's Store, St. Raymond's Church and the old pioneer cemetery (where members of the Donner Party Expedition are buried) have been preserved and are now located on Donlon Way. Mail was deli vered to the Dougherty Station Hotel. Thus, the area became known as Dougherty's Station. Subsequently, the area became known as Dublin and in 1982 the City incorporated. Since incorporation, the rapidly expanding Tri-Valley area has become renowned as a place of prosperity, a center for internationally acclaimed business parks and home to some of the world's largest corporations. The City of Dublin, located at the crossroads of the Tri-Valley, has contributed to the planned growth and forward thinking of the area. The City continues to look ahead to expand and enhance the quality of life for members of the community. CITY GOVERNMENT The City of Dublin is a General Law City operating under a City Council–Manager form of local government, which combines the political leadership of an elected Mayor and City Council, with the strong professional experience of an appointed City Manager. City Council elections are nonpartisan. The Mayor and City Council, as a collegial body, are responsible for setting po licy, setting/prioritizing goals and objectives, and approving the budget. The Mayor, with confirmation by the City Council, makes recommendations for appointment to the City's Advisory Commissions and Committees. The majority of California cities, including Dublin, operate under the City Council– Manager form of government. The City Council appoints the City Manager, who is responsible for the day-to-day administrative operation of the City, including preparation of the budget, delivery of services, hiring of personnel, enforcement of laws, and implementation of capital projects. Commissioner Resource Handbook 5 April 2017 CITY COUNCIL The City Council acts as the governing body of the City with all the regulatory and corporate powers of a municipal corporation provided under California State Law . In general, the City Council supervises the operations of the City government by establishing policies and programs and appropriating funds for each service function. The City Council is the policy-making body of the City and is held responsible for implementation of all programs and services provided by the City. The City Council adopts all ordinances and resolutions, and approves contracts, reviews proposals for community needs, initiates actions for new programs and determines the level of funding for City services and facilities. Each year the City Council approves an Annual Operating Budget and a Five-Year Capital Improvement Program (CIP), which establishes program expenditures and revenues on a yearly basis. The final adoption of the budget occurs after the holding of a public hearing for the purpose of receiving public comment on City programs and expenditures. Elections General Municipal Elections are held in November of even numbered years. The City Council consists of four elected City Councilmembers and one elected Mayor. Members of the City Council are elected “at large” to serve the entire community rather than by district. The Mayor is directly elected to a two-year term and the four City Councilmembers are elected to four-year staggered terms. In November of 1996, voters in Dublin established term limits, which state generally that no one may serve more than eight consecutive years in any combination of positions on the City Council. Anyone who is 18 years of age, and who is a resident and registered voter in Dublin, may run for a seat on the City Council. City Council Meetings The Dublin City Council conducts public meetings on matters of public interest on the first and third Tuesday of each month. City Council meetings are held in the Council Chamber located at 100 Civic Plaza. The meetings begin at 7:00 p.m., and public participation is welcomed. Special meetings or study sessions may also be called from time-to-time, and generally deal with specific topics. All meetings are open to the public, and residents are encouraged to attend and provide input to their elected officials. Regular meetings are video cast live on Community Television (Channel 28) or can be viewed on the City’s website, www.dublin.ca.gov, by using the Video On Demand feature. Agendas are generally available on the Thursday prior to a Tuesday meeting and list all items of business to be presented to, and acted upon, by the City Council. Agendas are Commissioner Resource Handbook 6 April 2017 posted in the kiosk in front of the Civic Center (100 Civic Plaza), at the Dublin Public Library (200 Civic Plaza), at the Dublin Senior Center (7600 Amador Valley Boulevard), and on the City’s website www.dublin.ca.gov. Anyone may come to the City Clerk's Office (100 Civic Plaza, 2nd Floor) and pick up a free copy of the agenda, or request to be placed on a free email notification list. Packets containing backup documentation and Staff Reports related to each agenda item are available for review prior to a meeting in the City Clerk's Office, at the Dublin Public Library, and on the City’s website. A Citizen's Information Binder is also available at each City Council meeting. Minutes of City Council meetings are generally presented to the City Council for approval at a subsequent meeting. Once approved by the City Council, they are available for distribution upon request for a minimal copy charge or they may be viewed on the City’s website. The City Clerk maintains a historical index of all legislative actions taken by the City Council. CITY ADMINISTRATION The City of Dublin is continually striving to enhance the services provided to our customers. The City organization is committed to creating a challenging and rewarding environment in which all employees representing the City are motivated to respond to the needs of the City's customers. City Administration is divided into eight departments which provide service to the entire community. A summary of each department follows: City Manager’s Office Appointed by the City Council, the City Manager is responsible for supervising and coordinating the work of Department Heads and other employees, who help ensure the smooth and efficient delivery of services. The City Manager is responsible for the day- to-day operations of the City, as well as:  Works with elected officials as they develop policies.  Ensures that laws and policies approved by elected officials are equitably enforced throughout the City.  Seeks feedback from residents and members of the business community to address and solve problems. Contact Information Mayor & City Council (925) 833-6650 City Manager (925) 833-6650 City Clerk (925) 833-6650 General Information (925) 833-6600 Website www.dublin.ca.gov Commissioner Resource Handbook 7 April 2017  Prepares the annual budget and 5-Year Capital Improvement Program, submits it to elected officials for approval, and implements it once approved.  Oversees and implements the annual Strategic Plan, which includes a joint City Council/Commission Workshop regarding the Plan.  Oversees all City contracts.  Investigates citizen complaints and problems within the administrative organization and recommends changes to elected officials.  Liaisons with other government agencies and special districts to ensure smooth coordination of regional services.  Responsible for appointment of all City personnel. City Clerk’s Division: The City Clerk prepares agendas for public meetings of the City Council, attends the City Council meetings, records in the minutes all actions taken by the City Council, and ensures that meetings are conducted in accordance with the Brown Act, also known as the Open Meeting Law. The City Clerk acts as a liaison between the community and its elected officials, and is responsible for maintaining the official records of the City. This position also administers local elections, maintains conflict of interest and financial disclosure records submitted by public officials, advertises and coordinates appointments to the City's Commissions and Committees, maintains custody of and affixes the City Seal to legal documents, and administers the Oath of Office to newly elected City Councilmembers and appointed Commissioners. Central Services/Human Resources/Risk Management Division: City Human Resources & Risk Management is a Division within the City Manager’s Office. The City’s Human Resources Director manages the following internal service program areas: City Human Resources (City Health & Welfare Benefits, Workers’ Compensation, Recruitment, & Employee Training), City Labor Relations, City Safety Program, City Risk Management (City Claims & Insurance) and other special projects. Economic Development Division: The Economic Development Division implements the economic development goals of the City. Services include: business retention and expansion assistance, business recruitment, site selection assistance, and access to labor force data. The goal of these efforts is to market the City’s many economic advantages in order to enhance the competitiveness of our local economy and to maintain a strong and diverse revenue and job base. Public Information activities include the issuance of City press releases, management of the City website content and information, as well as social media outreach. City Attorney’s Office The City Attorney is appointed by the City Council, and provides legal counsel to the City Council, Commissions and various departments. The City Attorney is retained by contract. Commission members work with the City Attorney through their Staff Liaison or the City Manager. The City of Dublin has contracted with Meyers, Nave, Riback, Silver and Wilson, Professional Law Corporation, since Dublin’s incorporation in 1982. Commissioner Resource Handbook 8 April 2017 Administrative Services The Administrative Services Department consists of two operating divisions which provide support to the entire organization. Finance Division: The Finance Division performs all finance related functions including: accounts payable, accounts receivable, treasury, payroll, purchasing, management of the collection of development related fees, and maintenance of other related City financial records. This Division also provides support to the City Manager on various administrative projects including the development and preparation of the City’s Operating and Capital Improvement Program budgets. Information Services Division: The Information Services Division oversees the operation and maintenance of the City's computer equipment as well as network systems. This includes the provision of both data and telephone networks at the Civic Center as well as other City facilities. The division assists operating departments with technical expertise related to specialized department software. Support is provided by this division for the development of maps and operation of the Geographic Information System. Community Development Department The Community Development Department is made up of three divisions: Building & Safety, Housing, and Planning Services. Building & Safety Division: This Division is primarily responsible for ensuring that private and City-owned buildings are properly constructed and safe for occupancy. Headed by the Chief Building Official, this Division is staffed with licensed and certified professionals who work in cooperation with the Public Works and Fire Departments. The Chief Building Official also serves as the City of Dublin Flood Plain Administrator in cooperation with FEMA. Housing Division: This Division is responsible for implementing the Below Market Rate Housing Program, Inclusionary Zoning Ordinance, and the creation of new affordable housing. These efforts ensure that housing choices are available for all Dublin residents and public services are in reach for those in need. The Division is headed by the Community Development Director with an experienced program professional and staff support. Planning Services Division: The Assistant Community Development Director manages the Planning Services Division, which is responsible for land planning, zoning and development review, and code enforcement. The Division is responsible for implementing the Dublin General Plan and is lead Staff to the Planning Commission. The Division includes experienced city planners and program professionals, code enforcement officers, and support personnel. Commissioner Resource Handbook 9 April 2017 Public Works Department The Public Works Department performs and/or oversees Engineering, Capital Project Construction, Public and Private Project Plan Checking and Inspection, and Maintenance activities for the City. The Department consists of four divisions: Engineering, Parks & Facilities Development, Maintenance and Environmental Services. Engineering Division: The Engineering Division is responsible for the design and construction of Capital Improvement Projects. These projects may be street-related such as road widening or paving. The Engineering Division also provides plan checking and inspection services for private development projects such as residential subdivisions or commercial developments. Traffic engineering services include the design and implementation of traffic control devices on major streets and in neighborhoods, review of traffic impacts created by new development, and roadway planning. Parks and Facilities Development Division: The Parks and Facilities Development Division is responsible for the planning, design and construction of new City parks and community facilities. Additionally the Division manages a variety of improvement projects for the City’s existing parks and buildings. Maintenance Division: The Maintenance Division is responsible for maintenance of City streets, parks and public buildings. Environmental Services Division: The City’s Environmental Services Division develops, implements and monitors programs to manage natural resources and hazardous materials. The Environmental Services Division also promotes conservation efforts, including energy conservation and water conservation. Additionally, the Environmental Services Division administers and enforces many environmental regulations and programs, including the Clean Water Program and Solid Waste program for the City. Parks and Community Services Department The Parks and Community Services Department is made up of three divisions: Business Services, Parks and Recreation and Heritage and Cultural Arts. Business Services Division: The Business Services Division is responsible for Communications, marketing, budget, human resources for part-time employees, contract administration, technology, and provides administrative support to the Department. In addition, the Division operates department administration of the registration and facility reservation system, and publication of the seasonal Activity Guides for the community. The division also provides support to Human Services function for social service related activities and provides staff support to the Human Services Commission. Parks and Recreation Division: The Parks and Recreation Division is responsible for planning and implementing a comprehensive program of recreational opportunities Commissioner Resource Handbook 10 April 2017 for all ages. Programming includes family services, preschool programs, recreational and leisure activities, teen programs, senior programs, sports and aquatics, community facility operations and special events. The Division is responsible for the management of the Shannon Community Center, the Dublin Senior Center, and the Dublin Swim Center. Additionally, the Division schedules the use of the Dublin Heritage Park and Museums, Dublin Sports Grounds, Emerald Glen Park, Ted Fairfield Park, Fallon Sports Park and the Frank Stager Community Gymnasium. Heritage and Cultural Arts Division: The Heritage and Cultural Arts Division coordinate programs, projects and facilities relating to historical preservation, art and culture within the community. The Heritage and Cultural Arts Division encourages programs and methods that support creative activities to the highest standards, as well as increase public understanding, appreciation and enjoyment of a variety of art forms. The Heritage and Cultural Arts Division also strives to preserve Dublin’s History through our museums, artifacts, historical programs and to educate our youth through tours and living history programs. Additionally, the Division ensures the historical preservation of the Dublin Heritage Park and Museums. Police Services Police Services for the City of Dublin are performed under contract with the Alameda County Sheriff’s Office. Patrol, traffic enforcement, criminal investigation, crime prevention and business office functions are performed at the Civic Center location. Dispatch and some data processing functions are handled at the Sheriff's Office facilities in Oakland and San Leandro. In addition to Sheriff's Office personnel, several full-time City employees assist with administrative functions. Fire Services Fire Services in the City of Dublin are comprised of four divisions: Fire Opera tions, Fire Prevention, Fire Station Maintenance, and Dougherty Regional Fire Authority (DRFA). Fire operation services are provided under a contract with the Alameda County Fire Department (ACFD). The department personnel provide fire suppression, advance life support emergency medical response, special operations response, hazardous materials responses and fire prevention services to the City of Dublin. Suppression and prevention personnel are assigned to provide service from one of the three fire stations and/or the fire prevention office located in Dublin. One engine company is located at Dublin Fire Station No. 16 (7494 Donohue Drive), one engine company and one truck company is located at Fire Station No. 17 (6200 Madigan Road), and one engine company is located at Fire Station 18 (4800 Fallon Road). The Fire Prevention Bureau reviews plans to ensure they comply with applicable codes and regulations. Additionally, fire prevention staff conducts periodic inspections of facilities to ensure that business operations are conducted in a safe manner and are consistent with fire conditions of approval. Commissioner Resource Handbook 11 April 2017 DUBLIN MUNICIPAL CODE The Dublin Municipal Code sets forth the regulatory, penal and administrative laws of general application to the City pursuant to the authority granted in the California State Government Code for general law cities. Amendments to the Dublin Municipal Code can only be made through the adoption of an Ordinance by the City Council. The Dublin Municipal Code is generally updated several times a year, as necessary. The entire Municipal Code is available on the City’s website (www.dublin.ca.gov). GENERAL PLAN The Dublin General Plan (provided under separate cover to Planning Commissioners and available upon request to other Commissioners) is the official document used by decision makers and citizens to guide and interpret the City’s long-range plans for development of land and conservation of resources. Each city and county in California is required by State law to adopt a General Plan documenting its intentions for future development and conservation. The General Plan must contain a land use map, adopted policies and supporting information adequate to make informed decisions concerning future change in the community. The General Plan is broad and flexible enough to allow for future change, but specific enough to inform citizens and decision makers of the City’s policy regarding the future use of individual properties. The General Plan identifies methods for improving public facilities and services to meet community needs and establishes a framework within which zoning, subdivision and other government regulations are implemented. The General Plan provides a long-term perspective including projections for accommodating growth based on the most current available information. The General Plan is written in a manner which guides local decision-making and is available to all those concerned with the future of the community. The Dublin General Plan meets all requirements for general plans stipulated by State laws including the seven mandatory elements: land use, circulation, housing, public safety, conservation, open space and noise. The General Plan also includes optional public facilities, air quality, economic development and community design and sustainability elements. The General Plan is structured to facilitate access to information concerning the community. It documents existing conditions and projects future trends. It explains City policy and offers specific programs to alleviate potential problems. It serves as a reference document to help locate information from diverse sources. Finally, it provides a concise guide to making decisions about the future of Dublin. Commissioner Resource Handbook 12 April 2017 CITY COMMISSIONS/COMMITTEES Planning Commission The Planning Commission is an advisory body to the City Council. The Commission conducts public meetings at 7:00 p.m. on the second and fourth Tuesday of each month in the City Council Chamber located at 100 Civic Plaza. Occasionally, meetings are canceled, or special meetings called, as necessary. The Commission is made up of five members of the community who serve four-year staggered terms. The duties and powers of the Planning Commission are spelled out in Chapter 2.12 of the Dublin Municipal Code and Rules for Conducting Planning Commission Meetings Resolution 16- 08 (Attachment 2) and include the responsibility:  To recommend for adoption by the City Council a comprehensive long-term General Plan for the physical development of the City, and of any land outside its boundaries which, in the Planning Commission’s judgment, bears relations to its planning;  To recommend for adoption by the City Council specific plans based on the General Plan and drafts of such regulation, programs and legislation as may, in its judgment, be required for the systematic execution of the General Plan;  To annually review the Capital Improvement Program of the City for its conformity with the General Plan;  To recommend for adoption by the City Council a Zoning Ordinance and amendments thereto, and to perform such other duties in reference to planning and zoning and land use matters as may be required by the Council; and  To approve planning permits such as conditional use permits, variances and site development review applications as required by, and consistent with the General Plan and the City Zoning Ordinance. Parks and Community Services Commission The Parks and Community Services Commission acts in an advisory capacity to the City Council with regard to City facilities, parks, and recreational activities and programs. The duties and powers of the Parks and Community Services Commission are spelled out in its adopted Bylaws (Attachment 3). The Commission conducts public meetings on the third Monday evening of each month at 7:00 p.m. in the City Council Chamber located at 100 Civic Plaza. This Commission is made up of five members of the community who serve four-year staggered terms and one student representative who serves a one-year term. Commissioner Resource Handbook 13 April 2017 Heritage and Cultural Arts Commission The Heritage and Cultural Arts Commission acts in an advisory capacity to the City Council with regard to historical, cultural and artistic matters by generating public input concerning the arts; and reviewing art proposals. The Heritage and Cultural Arts Commission may also review and make recommendations on arts programs, facilities, and the Heritage and Cultural Arts long range plan for the community. The duties and powers of the Heritage and Cultural Arts Commission are spelled out in its adopted Bylaws (Attachment 4). The Commission conducts public meetings on the second Thursday evening of each month at 7:00 p.m. in the City Council Chamber located at 100 Civic Plaza. This Commission is made up of seven members of the community who serve four-year staggered terms. Human Services Commission The Human Services Commission acts in an advisory capacity to the City Council with regard to outreach, education, and collaboration with others to address the community’s human service needs. The Commission meets the fourth Thursday of January, April, July, and October, at 7:00 p.m. in the City Council Chamber located at 100 Civic Plaza. This Commission is made up of five members of the community who serve four-year staggered terms. The duties of the Commission are outlined in their adopted by-laws (Attachment 5). Senior Center Advisory Committee The Senior Center Advisory Committee consists of five members who serve four-year staggered terms. This Committee makes recommendations related to the operation and maintenance of an effective and efficient Senior Center for the citizens of Dublin. The duties and powers of this Committee are spelled out in its adopted Bylaws (Attachment 6). Meetings are held on the first Thursday of each month at 9:30 a.m. at the Dublin Senior Center located at 7600 Amador Valley Boulevard. Youth Advisory Committee The Youth Advisory Committee is charged with the purpose of providing input on youth services, assisting with implementation and promotion of youth activities and addressing issues that affect youth in the Community. The duties and powers of this Committee are spelled out in its adopted Bylaws (Attachment 7). This Committee is composed of a minimum of nine and a maximum of 13 youth members and three alternates. Additionally, there are four non-voting adult members representing Dublin Police Services, Dublin Unified School District, Dublin Chamber of Commerce and the At-Large Community. The term of office is one year, commencing June 1st and terminating on the following May 31st (or until their successors are appointed). Meetings are held on the fourth Wednesday evening of each month at 7:30 p.m. at the Dublin Senior Center located at 7600 Amador Valley Boulevard. Commissioner Resource Handbook 14 April 2017 APPOINTMENT TO CITY COMMISSIONS The Mayor recommends all appointments to City Commissions, Committees and Task Forces, subject to confirmation by a majority vote of the City Council. Commission/Committee members are eligible to serve a maximum of eight (8) consecutive years with two (2) four-year terms. Exceptions to this rule would be the Student Representative on the Parks and Community Services Commission (one-year term) and Youth Advisory Committee members (may be reappointed annually with no term limit). A staggered term arrangement is set up so that following Dublin’s General Municipal Elections (which are held in November of even numbered years) terms expire on each of the Commissions. This allows new members to join an already functioning Commission, which provides for continuity. If a vacancy occurs, other than by expiration of a term, it shall be filled for the unexpired portion of the term by Mayoral recommendation with City Council confirmation. COMPENSATION AND EXPENSES Planning Commission members are paid $50 for each meeting attended, to a maximum of three meetings in a calendar month. Planning Commissioners are also entitled to reimbursement of expenses, as the City Council may approve. Parks and Community Service Commission members, Heritage and Cultural Arts Commission members, and Human Services Commission members are paid $50 for each meeting attended to a maximum of two meetings in a calendar month. These Commissioners are also entitled to reimbursement of expenses, as the City Council may approve. No Commission member is considered to be a City employee by virtue of payment of meeting attendance stipends. In order to efficiently handle the payment of stipends, Commission members are encouraged to complete a form which will allow direct deposit of these payments. Payments are made on the second pay period of the month for all compensable meetings attended in the previous month. Those on Direct Deposit receive an electronic e-mail Notice of the amount deposited. Senior Center Advisory Committee members and Youth Advisory Committee members receive no monetary compensation for their service to the community, although they are entitled to reimbursement of expenses, as the City Council may approve. Commissioner Resource Handbook 15 April 2017 MEETING ATTENDANCE Every member of a Commission or Advisory Committee is required to regularly attend the scheduled meetings of their particular Commission or Committee. The meeting attendance and maintenance of membership guidelines are set forth in various sections of the Dublin Municipal Code or individual Commission Bylaws, which are included as attachments in this handbook. In general, the Municipal Code and/or Commission/Committee Bylaws for the Planning Commission, Parks and Community Services Commission, Heritage and Cultural Arts Commission, Human Services Commission, Senior Center Advisory Committee, and Youth Advisory Committee state that:  No person shall serve on a Commission/Committee for more than two consecutive four-year terms. A person shall be considered to have served a “term” of office if such person has served for two years plus one day.  A Commission/Committee member must attend 75% of Regular and Special meetings in a 12-month period. In addition, they could be notified that the possibility of removal exists after three consecutive absences, from regular and special meetings.  A Commission/Committee member may be removed from office by the Mayor, with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. OPEN MEETING REQUIREMENTS Purpose: Open meeting laws represent the State Legislature’s determination of how the balance should be struck between public access to the activities of a public body and the need for candid discussion, debate, and information gathering not open to the public. The balance has been struck in favor of public access and limitations on this access have been construed narrowly. The Ralph M. Brown Act, also known as the Open Meeting Law, was first enacted in 1953. In a nutshell, it requires local government business to be conducted in open and public meetings. The Brown Act is based upon state policy that the people must be informed so they can keep control over their government. Who is Covered: “Legislative bodies” are the basic local governmental unit subject to the Brown Act. A “legislative body” includes a commission or committee, whether the commission or committee is decision-making or advisory. Even subcommittees which are less than a quorum of the commission are subject to the Brown Act if the Commissioner Resource Handbook 16 April 2017 subcommittee is a “standing” committee, i.e., one which has continuing subject matter jurisdiction. Public Meetings: The Brown Act (Attachment 7) requires that most meetings shall be open to the public. A meeting, generally, occurs when a majority of the legislative body gathers at the same time and in the same place to hear, discuss or deliberate upon anything that is within the subject matter jurisdiction of the legislative body or city. In order to be lawful, a meeting must be noticed, have an agenda, and other procedural rules must be followed. Commissions/Committees must be careful about “serial meetings.” These are meetings by which a majority of the legislative body uses any direct communication or technological device, such as telephone, fax, email, cellular phone, text, etc., to develop collective concurrence on actions to be taken. These types of meetings are by definition unlawful because there is no way to notice such meetings or to provide for public participation. A majority of the legislative body, however, may attend a purely social gathering or attend conferences or seminars without running afoul of the Brown Act, as long as a majority does not discuss among themselves City business of a specific nature. Finally, a legislative body can meet in closed session for certain express purposes such as litigation, labor or property negotiations. Those exceptions, however, will rarely apply to commissions or committees. Private Meetings: Persons with development applications or other matters pending before a Commission may approach individual Commissioners. Whether to meet privately with such persons is always a difficult decision for a Commissioner to make. To help make that decision, Commission members should remember the following points:  The public’s business should be discussed in public whenever possible.  City Staff can advise you regarding the legality and/or propriety of private meetings.  The Commission will make better decisions when all members have access to the same information.  You should inform the full Commission at the public meeting when you have held a private meeting. Penalties: There are civil remedies and criminal misdemeanor penalties for Brown Act violations. The civic remedies include injunctions against further violations, orders nullifying any unlawful action, and orders determining the validity of any rule to penalize or discourage the expression of a member of the legislative body. Criminal penalties will result if a person is found guilty of a wrongful intent to deprive the public of information to which it is entitled under the Brown Act. Commissioner Resource Handbook 17 April 2017 Certainly the best way to avoid these types of penalties is to conduct the Commission’s meetings in public, keep to matters on the agenda, and check with the City Clerk if you have any questions or doubts about whether an act may run afoul of the Brown Act. MEETING PROCEDURES Call to Order: The chairperson or vice chairperson shall call the meeting to order at the hour appointed. In the absence of both, the meeting shall be called to order by a Commissioner and those Commission members present shall proceed to elect a temporary presiding officer. Preservation of Order: The presiding officer shall preserve order and decorum, shall prevent verbal attacks on Commission members, staff and/or citizens, and shall confine debate to the item under discussion. The Commission, however, shall not prohibit public criticism of the policies, procedures, programs, or services of the age ncy, or of the acts or omissions of the Commission. Commission members shall not delay or interrupt the proceedings nor disturb another Commission member while speaking. Disorderly Conduct: Any person whose conduct disrupts a meeting or its orderly consideration of the public’s business may be barred from the meeting by the presiding officer, unless permission to continue is granted by a majority vote of the Commission. Point of Order: The purpose of a point of order is to correct a breach in the rules when the presiding officer does not correct it, or when the presiding officer makes a breach of the rules. It does not need a second, can interrupt a speaker, and is ruled upon by the Chair. If a member does not agree with the Chair’s ruling, the mem ber can appeal from the decision of the Chair. Motion to be Stated: The presiding officer shall state all motions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member. Actions Limited to Posted Agenda Items/Matters too Late for the Agenda: No action shall be taken on any item not appearing on the posted agenda unless: 1) the Commission determines by majority vote that an emergency situation exists, as defined in GC Section 54956.5; 2) the Commission determines by a two-thirds vote (i.e., 4/5 vote for a five-member Commission or 5/7 vote for a seven-member Commission), or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted; or 3) the item was included in a posted agenda for a prior meeting held within five (5) calendar days and was continued to the meeting at which action is being taken. Public Comment: Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the Commission on any item of interest to the public, before or during the Commission’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that there be no Commissioner Resource Handbook 18 April 2017 discussion nor action taken on any item not appearing on the agenda unless the action is otherwise authorized by CG Section 54954.2(b). Citizens desiring to speak on an item not scheduled on the agenda may do so under Oral Communications at the beginning of the meeting. PUBLIC HEARINGS Commencement: Noticed public hearings shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until completed, unless continued to another meeting date. Any public hearing may be continued to a subsequent meeting by majority vote of the Commission. Hearing Procedures: The presiding officer shall announce the subject of the public hearing and declare the public hearing open. If necessary to assure completion of the public hearing, the presiding officer may establish time limits for the presentations by individual speakers. To assure due process to all interested parties, the public hearing shall be conducted as follows: 1. Review of Written Material/Oral Presentations a. Generally, this includes review and filing of staff reports and other written material included in the agenda packet. Members of the public are encouraged to provide any written material to the Commission in advance of the Commission meeting. b. An oral report may be presented by a City Staff member. c. Staff responds to Commission member questions. 2. Open Hearing for Public Comment a. The purpose of the public comment portion of the hearing is to provide an opportunity for concerned members of the audience to testify in support or opposition to the matter being heard. In general, speaker order should be: 1) Summary presentation by Staff 2) Questions by Commission 3) Comments by Applicant 4) Comments by others in favor 5) Comments by those in opposition 6) Rebuttal by Applicant, if necessary 7) Additional comment by Staff, as appropriate b. No person may speak without first being recognized by the presiding officer. The presiding officer shall instruct speakers: Commissioner Resource Handbook 19 April 2017 1) to complete a speaker card with the speaker’s name and address (optional); 2) to speak from the podium; 3) to give their name and address (optional) before starting their presentation, and to spell out their last name; 4) to keep comments within specified time limits, if any; and 5) to avoid repetition. c. An effort will be made to answer questions from speakers at the end of the public comment period, prior to Commission deliberation. d. Members of the Commission may ask questions of speakers, or each other, during the public comment portion to obtain information, without expressing personal opinion or debating the merits of the item under consideration. 3. Deliberation a. After determining that no other member of the audience wishes to speak, the presiding officer shall declare the public hearing and comment opportunity closed, and the matter returned to Commissioners for deliberation. Thereafter, no additional testimony shall be received by the Commission except as provided in 3b. or upon reopening the public hearing. b. While specific questions should be asked of the public prior to the close of the public hearing, it is appropriate for a Commissioner to direct questions to Staff, the applicant, or other members of the public before taking action. 4. Commission Action a. The Commission may at this time: 1) Continue the public hearing. This should be done if any additional information is requested (e.g. a staff report). After opening a public hearing, continuing it to a specific date does not require additional notice; 2) Close the public hearing, but continue debate and action to a later time. Continuing to a specific date does not require additional notice; 3) Discuss/debate the issue and continue the item for action at a later time; and 4) Close the public hearing, discuss/debate the issue, make a motion and take action. 5. Permitting Public Comment After a Motion a. After a motion has been made and seconded, the presiding officer may permit further comment on the motion, provided no Commission member objects. The purpose of this opportunity shall be to address matters specific Commissioner Resource Handbook 20 April 2017 to the motion, and not to restate prior testimony. To do so, the presiding officer must first reopen the public hearing. b. After all such comment is heard, the presiding officer shall re-close the public comment opportunity. RULES OF DEBATE 1. General Prior to the making of a motion, it is acceptable for Commission members to state their opinions on the item in question and to ask questions of staff, the public, and other Commission members. Once all members have had such an opportunity, the presiding officer shall request a motion. 2. Commission Members/Presiding Officer Right To Debate Any Commission member, including the presiding officer, may make, second and debate motions. The presiding officer shall not be deprived of any rights and privileges of a Commission member. 2. Qualification to Vote Every Commission member and the Chairperson shall have the opportunity to vote on any issue, except that a Commission member who has a conflict of interest regarding a matter being considered by the Commission shall declare the conflict and recuse him/herself from participating in any deliberations and decision regarding that matter. A Commission member so recusing him/herself shall not be allowed to vote on such matter. An official has a conflict of interest when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family, or on any of their economic interests (Attachment 7, Political Reform Act section, for further information). 4. Types of Motions Motions shall be made and amended in accordance with Robert’s Rules of Order (Attachment 9). Generally, once a motion has been made and seconded, the Commission may consider additional motions to amend, substitute, postpone, and table the original motion. 5. Debate of Motions a. Getting the Floor Every member desiring to speak on a seconded motion shall address the presiding officer, and, upon recognition, shall confine him/herself to the Commissioner Resource Handbook 21 April 2017 question under debate, avoiding personalities and indecorous language. Once recognized, the Commission member shall not be interrupted unless to call him/her to order, or as herein otherwise provided. b. Privilege of Closing Debate Generally, after reasonable debate has been conducted, the presiding officer will call for the question that will begin the voting procedure. The right to call for the question, provided that reasonable debate has been conducted, is retained by the Commission member who made the motion for approval or denial of the item. 6. Voting Procedures a. Presence for Vote Any member of the Commission, once having answered the call of the roll or having been noted as being present at a meeting, shall advise the presiding officer prior to leaving the meeting for the remainder of a meeting. A Commission member, once having answered the call of the roll or having been noted as being present at a meeting, and not excused as herein provided, has an obligation to vote on each and every matter considered by the Commission even though he/she may temporarily be absent from the Commission. The vote on any matter being considered by the Commission may be delayed by the presiding officer until all members of the Commission who are present for a meeting and not excused as herein provided are present at the Commission table. Not withstanding other provisions of these policies, no Commission member can be forced to vote. A majority of the members present is required to take action. b. Silence During a collective vote (ayes & nays), silence of any member denotes an affirmative vote. 7. Tie Votes a. A tie vote on a motion shall be considered no action. Commissioner Resource Handbook 22 April 2017 b. With respect to any matter on which the Commission is considering the matter on an appeal, a tie vote on a motion shall be deemed no action and the decision which was appealed shall stand. Any person whose application is denied as a result of this policy may reapply in accordance with the provisions of the Dublin Municipal Code. Nothing contained in this policy shall prohibit a Commission member from participating in a decision involving a resubmitted application if the Commission member is no longer required to abstain. 8. Continuance of an Item The following procedures are acceptable for continuing an item: a. Continuance by a Commission Member Any Commissioner may request to continue an item (not subject to a legally or City-imposed deadline) to the next Commission meeting or to another date agreeable to a majority of the Commission. An agenda item may be continued only once using this procedure. b. Continuance Requested by Someone Not a Commission Member Anyone may request a continuance of an item and the Commission, by a majority vote, may grant one continuance, provided however, that a request for a further continuance may be granted by a 4/5 vote of the Commission only if it finds that: 1) the need for the continuance was beyond the control of the person requesting it, and 2) the need for the continuance arose after (a) the date of the notice of public hearing was published if the item is subject to a public hearing, or (b) the time the Commission agenda was posted for items not subject to a public hearing. 9. Protests Any Commission member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority. 10. Motion to Reconsider Any member who voted with the majority may move for reconsideration of any action at the same meeting or at the next regular meeting, providing no legal rights have intervened to create an estoppel. A majority of the Commission present must approve the motion to reconsider. After a motion for Commissioner Resource Handbook 23 April 2017 reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent. CODE OF CONDUCT Commissioners have an obligation to represent the community in an open and honest manner. In doing so, individuals must avoid placing themselves in a position which tends in any way to bring their private interests into conflict with their official duties. Commissioners should conduct themselves in a dignified and courteous manner. It is important that each member work to establish a good working relationship with other members of the group, and make every attempt to respect the other person’s viewpoint. In order to minimize conflict of interest exposure and to maintain a high level of trust with the community, a Code of Ethics is established as follows: The Political Reform Act of 1974 (PRA), as amended, establishes conflict of interest guidelines for elected officials and certain appointed officials (including Planning Commissioners). In addition, the City Council has adopted a Conflict of Interest Code for designated City employees and certain consultants. The following guidelines are established to highlight and augment the PRA and the adopted Conflict of Interest Code. 1. No elected or appointed official (including Commission and Advisory Committee Members) or employees of the City of Dublin shall engage in any business or transaction or shall have financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his/her official duties or which would tend to impair his/her independence or judgment or action in the performance of such duties. Examples of such activities include, but are not necessarily limited to, the following: a. Using the prestige or influence of the City office for private gain or advantage of him/herself or another, unless so specified by contract. b. Using time, facilities, equipment or supplies of the City of Dublin for private gain or advantage of him/herself. c. Using official information not available to the general public for his/her private gain or advantage or that of another. d. Receiving or accepting money or other personal consideration from anyone other than the City of Dublin for the performance of work done or actions taken in the regular course of duties for the City of Dublin. e. Receiving or accepting, directly or indirectly, any gift or favor from anyone doing business with the City of Dublin under circumstances from which it could reasonably be inferred that such was intended to influence him/her in his/her official duties, or as a reward for official action. Commissioner Resource Handbook 24 April 2017 f. Engaging in or accepting private employment or rendering services for private interests that may inhibit the proper discharge of his/her official duties. 2. Elected and appointed officials shall comply with the Ralph M. Brown Act and all applicable open meeting laws. 3. Every elected official, officer, appointee, consultant or contract personnel of the City of Dublin shall disclose completely the nature and extent of any interest, direct or indirect, which conflicts with his/her responsibility or duty. In addition to the above, the PRA requires State and local agencies to adopt and promulgate conflict of interest codes. The City’s conflict of interest code is included in Section 2.24 of the Dublin Municipal Code. In general, the code requires certain City officials and employees to file statements of economic interests with the City Clerk. Once completed, the City Clerk will forward appropriate statements to the State Fair Political Practices Commission (FPPC). The Planning Commission is the only Commission required by State law to file a statement of economic interest. The City Clerk will provide the necessary forms and any information required to complete this documentation. Pursuant to Assembly Bill 1234, if the City provides compensation, salary, stipend or reimbursement for actual and necessary expenses to a member of a legislative body, then all “local agency officials” must receive ethics training in compliance with AB 1234. Therefore, all Commission and Committee members will receive at least two hours of training in general ethics principals or ethics law relevant to his or her public service every two years. City Officials, as well as City Staff, are also expected to adhere to certain standards and protocol as defined in the City’s Administrative Policies (see Attachment 8) related to Drug Free Workplace Policy, Harassment Policy/Complaint Procedures, and Official Travel and Other Business and Reimbursement of Expenses Policy. Questions regarding these policies should be directed to your Staff liaison or the City Manager. RESPONSIBILITIES OF COMMISSIONERS To be selected as an active member of a Commission provides an opportunity for genuine public service. Although the duties of each Commission vary widely, there are certain responsibilities that are common to all Commission members. The following is a summary of the important responsibilities of Commission members: Understand the Role and Responsibilities of the Commission: One of the first responsibilities of a new member is to understand the Commission’s scope of responsibility and operating procedures. This information may be obtained by referring to your Commission Bylaws (attached herein). The Planning Commission should also be Commissioner Resource Handbook 25 April 2017 familiar with the General Plan and the Zoning Ordinance. City Staff will provide copies of this information to Planning Commissioners upon your appointment to that Commission. Other Commissions may receive this information upon request. The City Staff responsible for the programs within each Commission’s scope of interest are available to assist new members in becoming familiar with their roles and their duties and will provide information about City policies, minutes of past meetings, and other helpful data. Be Careful to Represent the Entire Commission: Individual members should refrain from representing their views or recommendations as those of the Commission unless the Commission has officially voted to approve the recommendation. Commission members making recommendations or expressing views not approved by the majority of the Commission should indicate that they are representing only themselves as individuals. When making statements to the press, members should indicate which actions are only recommendations and indicate when final action will be taken by the City Council or the Commission. Represent the Whole City: Although Commission members may be selected, in part, because they represent clearly defined groups, once selected, each Commission member should represent the entire public interest of the City and not just his/her respective group or interest. The question, “What is best for the entire community?” should take precedence over “What is best for my interest group?” Keep the Lines of Communication Open: As an influential member of the community, a Commissioner is in the unique position of serving as a liaison between the City and the general public in helping to reconcile contradictory viewpoints and building a consensus around common goals and objectives. A Commissioner must serve as a link between the community, Staff, and City by presenting City programs and recommendations and also providing a channel for citizen expression. A primary role of the Commission is to determine the attitudes of the citizens concerning City programs. Do Your Homework and Be Thorough in Your Recommendations: Commission members, in connection with their role, often spend many hours in research on a particular problem. Commissioners should be familiar with the portions of the General Plan, Municipal Code, and Zoning Ordinance applicable to their area of responsibility and should thoroughly review staff reports, plans, and material submitted by the applicant in advance of meetings. You may contact the Staff person assigned to your Commission to request this information. Be Conscious of Your Relationship to the City Council, Other Commissions and City Staff: It is important to remember that City Staff works for the City Manager, and through him, for the City Council and the community at large. Staff does not work for Commission members. It is, therefore, not appropriate for Commissioners to direct Staff or to become involved in the administrative or operational concerns of the City departments. While Staff can provide routine Commissioner Resource Handbook 26 April 2017 information on ongoing projects, a formal request to the City Council must be made for Staff involvement in major projects. If Commissioners have questions or are concerned with Staff services provided to the Commission, the City Manager should be contacted immediately to review the matter. City Staff is required by the City Council to make professional recommendations which may, or may not, agree with those of the Commission. Staff is required to present fairly the Commission’s recommendations and explain them, but will not defend them if in disagreement. When appropriate, the Commission Chair or delegated representatives should be present at the City Council meeting to report on the Commission’s recommendations. Your Commission is not a substitute for regularly constituted government. The responsibility for allocating scarce public resources rests with the community’s elected representatives, the City Council, and cannot be designated to an outside group, however capable and interested it might be. Commissions should review City policies related to programs under their scope of interest and make recommendations for changes to the City Council. However, Commissions must adhere to the policies approved by the City Council as expressed in the General Plan, Municipal Code, and other official documents. Establish a Good Working Relationship with Other Commission Members: On many occasions, the success or failure of the efforts of a Commission member is largely dependent on the degree of cooperation among the individual members of the Commission. To help build a consensus around common goals and objectives, Commission members will often have to reconcile contradictory viewpoints. Each Commission member should do his/her part to ensure that meetings proceed in an orderly and constructive manner. The Chair is primarily responsible for seein g that consideration of items on the agenda move along without delay, but with reasonable time allocated to each item. Each Commission member can assist the Chair by becoming familiar with the basic rules of parliamentary procedure and by adequately preparing any presentations he/she makes to the Commission. Political Participation: No restriction is placed on Commissioners’ participation in political activities at all levels of the government, whether local, state or federal. If Commissioners use the title of their appointed office when participating in these activities, they must make it clear that they are not representing or speaking for the Commission, but rather using the title for identification. THANK YOU FOR YOUR SERVICE TO THE COMMUNITY! FY 2016-2017 City of Dublin Organization Chart City Manager Disaster Preparedness, Waste Management, Community Cable TV, Animal Control Heritage & Cultural Arts Commission Planning Commission Human Services Commission Parks & Community Service Commission Senior Center Advisory Committe e Youth Advisory Committee City Council Residents of Dublin Assistant City Manager Economic Development /Public Information City Clerk Elections, Records Community Development Building, Planning, Housing Public Works Engineering, Maintenance, & Enviro. Programs Human Resources Risk Mgmt., Insurance, Personnel Administrative Services Finance, Information Systems, Budget Fire Services Fire Prevention, Fire Operations Parks & Community Services Recreation/ Community Services, Library Services, Heritage & Cultural Arts, Parks & Facility Management City Attorney Police Services Crime Prevention, Traffic Enforcement Ap p e n d i x 1 Chapter 2.12 PLANNING COMMISSION S ections: 2.12.010    Planning Agency established. 2.12.020    M embership—Appoint ment—Term—Removal. 2.12.030    Expenses and compensation. 2.12.040    Chairman—Rules—Records—Meetings. 2.12.050    Powers and dut ies—Generally. 2.12.060    Term lim its. 2.12.010 P lanning Agency established. P ursuant to Government  Code S ection 65000 et seq., there is est ablished a Planning A gency consist ing of  a P lanning Commission. (Ord. 17­09 § 2 (part ): Ord. 5 § 1, 1982) 2.12.020 Member ship—Appointment—Term—Removal. A .    The Planning Commission shall consist of five (5) members. They shall be appointed for a term of  f our (4) years. Terms shall begin in January following even­numbered election years and end in December of even­ numbered years (or unt il successors are appoint ed). If a vacancy occurs ot herwise than by expirat ion of  term, it shall be filled by appointment for t he unexpired portion of  t he term. B .    Members shall be appointed to the P lanning Commission by t he Mayor, subject t o the approval of the City Council. A Planning Commissioner can be removed at any time during t he Commissioner’s t erm of office by a majorit y of the Cit y Council. Removal and appointm ent  of  Planning Commission members shall be made only at a regularly scheduled meeting of the Cit y Council. Members of the P lanning Commission shall be residents of the city. C.    Planning Commissioners must  at tend at  least  seventy­f ive (75) percent of regular and special Planning Commission m eet ings in any t welve (12) mont h period. Any P lanning Comm issioner who is absent  f rom t wenty­ five (25) percent or more meetings within a twelve (12) m ont h period or is absent  f rom t hree (3) consecutive P lanning Commission meet ings may be removed f rom t he Planning Commission pursuant  t o subsect ion B  of  t his sect ion. (Ord. 3­16 § 1 (part): Ord. 17­09 § 2 (part): Ord. 20­02 § 2 (A , B );  Ord. 16­92 § 1: Ord. 12­84 § 1: Ord. 5 §§ 2, 3, 1982) 2.12.030 E xpenses and compensation. P lanning Commission members shall be entit led to reimbursement  f or expenses as t he City Council may approve. In addition, Planning Commission members shall be paid fift y dollars ($50) for each meeting att ended, to a maximum of three (3) meetings in a calendar month;  provided, that Commission members shall not be deemed t o be city employees by virtue of  such payment . (Ord. 17­09 § 2 (part ): Ord. 24­99 § 2 (part ): Ord. 11­89 § 1: Ord. 5 § 4, 1982) 2.12.040 Chairman—Rules—Records—Meetings. A .    The Planning Commission shall elect  a Chairperson and Vice Chairperson from its membership by simple majorit y vote at the f irst meeting of the year. The Commission shall, unless no Commissioners meet the crit eria, elect Commissioners t o t he posit ions t hat have not  previously served in t he position and that have not declined the appoint ment , wit h t he int ent that no one should serve in t he position f or two (2) consecut ive years. I n the absence or disabilit y of eit her the Chairperson or Vice Chairperson, the Commission may designat e a temporary Chairperson. B .    Unless there is no business to be t ransacted, the Comm ission shall hold at least one (1) regular meet ing each month and such other m eet ings as may be necessary. C.    The Commission shall adopt rules f or the t ransaction of it s business. D.    No official act ion shall be transacted by less t han t he affirmat ive vot e of a majority of the quorum present. In the event of a t ie vot e, the motion f ails;  another motion may be entertained to break the tie. E .    Not  less than three (3) affirmative votes shall be required to recommend mat ters t o the Cit y Council f or adopt ion. The Cit y Manager or Cit y Manager’s designee shall serve as the S ecretary t o the P lanning Commission. (Ord. 3­16 § 1 (part ): Ord. 17­09 § 2 (part): Ord. 10­09 § 1: Ord. 16­92 § 2: Ord. 5 § 5, 1982) 2.12.050 P owers and duties—Generally. The Planning Commission shall have t he power and it shall be it s duty: A .    To serve the city and t he resident s of the city of Dublin with professionalism and respect ; B .    To recomm end for adoption by t he City Council a comprehensive long­term general plan for the physical development of the city and of any land outside it s boundaries which in t he City Council’s judgment  bears relat ion to its planning; C.    To recomm end for adoption by t he City Council specif ic plans based on the general plan and drafts of  such regulat ions, programs and legislation as may in it s judgment  be required f or the system atic execution of  t he general plan; D.    To periodically review the capit al improvement program of  t he cit y; E .    To recomm end for adoption by t he City Council a zoning ordinance and to perf orm such other dut ies in reference to planning, zoning, land use and design review matt ers as may be required by t he City Council. (Ord. 3­16 § 1 (part): Ord. 17­09 § 2 (part ): Ord. 10­9 § 2: Ord. 5 § 6, 1982) 2.12.060 Term limits. No person shall serve as a P lanning Commissioner for more t han two (2) consecut ive four (4) year terms. As used herein, a person shall be considered to have served a t erm of  office as a P lanning Commissioner if such person has served as a Planning Commissioner for two (2) years plus one (1) day. (Ord. 17­09 § 2 (part): Ord. 20­02 § 2(C)) The Dublin Municipal Code is current through Ordinance 11­ 16, passed November 15, 2016. Disclaimer: The City Clerk's Office has the official version of the Dublin Municipal Code. Users sho uld contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Parks and Community Services Commission February 2, 2016 ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Parks and Community Services Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Parks and Community Services Commission shall be composed of six (6) members, one of whom is a high school student residing in the City of Dublin. Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 3. Commission members may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered election years and ending in December of an even numbered election year. At the end of a Commissioner member’s term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. Section 2. The term of the student member shall be for one (1) year, commencing July 1st and terminating on the following June 30th. Section 3. Any member of the Commission may be removed from the office with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. CITY OF DUBLIN PARKS AND COMMUNITY SERVICES COMMISSION BYLAWS AND RULES OF PROCEDURE ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Parks and Community Services Commission February 2, 2016 Section 4. Commission members must attend 75% of all regular meetings in a 12- month period. The Secretary to the Commission shall provide the Mayor with monthly attendance reports and a quarterly review of attendance by Commission members. The Secretary to the Commission shall notify the Mayor if a Commission member is absent from three consecutive meetings. The Commission member shall also be notified that they may be removed from the Commission. Section 5. If a Commissioner member ceases to reside in the City of Dublin, said Commissioner’s office shall be declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Commission shall elect a Chairperson at the first meeting in January of each year, or if a quorum is not present, at the next meeting at which a quorum is present. The Chairperson and Vice Chairperson shall serve until their successors are elected, or until their terms as members of the Commission expire, whichever is first. The Commission shall, unless no Commissioners meet criteria, elect Commissioners to the positions that have not previously served in the position and have not declined the appointment, with the intent that no one should serve in the position for no more than two consecutive years. Section 2. The Secretary to the Commission will be the City Manager or his/her designee. Section 3. Vacancies. In case of any vacancy in the Office of the Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 4. Duties of Officers. The Chairperson performs the following duties: (a) Presides at all meeting of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Parks and Community Services Commission February 2, 2016 In the event of the absence of the Chairperson or his/her ability to act, the Vice Chairperson presides in the place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and Vice Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. Section 5. The Committees. The Commission or Chairperson, upon direction of the Commission, May appoint several of its members, but fewer than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commissions may appoint non-members to the Committee. Committees make recommendations directly to the Commission. ARTICLE VI MEETINGS Section 1. The Commission shall hold at regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations as it deems necessary to the City Council and to City Staff in all matters pertaining to the operation and maintenance of an effective, efficient, and adequate program of parks, recreation and community services for the citizens of Dublin. Such recommendations would include, but are not limited to the following: (a) recommendations for the development, improvement and/or modification of recreation of community services and facilities; (b) future recreation and community service needs; (c) conduct of persons using park and recreation facilities by the public; and (d) annual review of the Parks and Community Services Strategic Plan. Section 2. The Commission shall also accept and consider recommendations from the Senior Center Advisory Committee and the Youth Advisory Committee, and forward the recommendations to the City Council, as appropriate. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Parks and Community Services Commission February 2, 2016 ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. It is intended that the Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdiction. Each Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2579990.2 ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Heritage and Cultural Arts Commission June 7, 2016 CITY OF DUBLIN HERITAGE AND CULTURAL ARTS COMMISSION BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Heritage and Cultural Arts Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Heritage and Cultural Arts Commission shall be composed of seven (7) members. Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. When making appointments to the Commission, consideration shall be given to members of the Dublin Fine Arts Foundation and Dublin Historical Preservation Association (or similar groups) and to persons who are specifically qualified by reason of training, experience, interest or involvement in arts and/or heritage, particularly as related to artistic and cultural activities in the City. Section 3. All members shall be residents of the City and shall be committed to furthering public art, and historical and cultural life in the community. Section 4. Commission members may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered years and ending in December of an even numbered year. At the end of a Commissioner member's term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Heritage and Cultural Arts Commission June 7, 2016 Section 2. Any member of the Commission may be removed from office with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. Section 3. Commission members must attend 75% of all regular and special meetings in a 12 month period. The Secretary to the Commission shall provide the Mayor with monthly attendance reports and a quarterly overview of attendance by Commission members. The Secretary to the Commission shall notify the Mayor if a Commission member is absent from three consecutive meetings. The Commission member shall also be notified that they may be removed from the Commission. Section 4. If a Commission member ceases to reside in the City of Dublin, said Commissioner’s office shall be declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Commission for a 1-year term and hold office until their successors are elected, or until their terms as members of the Commission expire. The officers are elected at the first meeting of the Commission in January of each year. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Commission members are present. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no on should serve in the position for two consecutive years. The secretary to the Commission will be the City Manager or his/her designee. Section 2. Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairman performs the following duties. (a) Presides at all meetings of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Heritage and Cultural Arts Commission June 7, 2016 (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her inability to act, the Vice- Chairperson presides in place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. Section 4. The Committees. The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but less than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commission may appoint non-members to the Committee. Committees make recommendations directly to the Commission. A Committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. ARTICLE VI MEETINGS Section 1. The Commission shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations, as it deems necessary to the City Council in all matters pertaining to: (a) The promotion and support of history throughout the community. This includes restoration, maintenance and operation of the Heritage Park & Museums and any other similar City-sponsored locations promoting and supporting history. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and/or modification of history facilities or programs; recommendations for policies on heritage preservation, artifact acquisition, conduct of persons using history facilities; and rules for the use of the Heritage Park & Museums and any other City-sponsored history facilities by the public. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Heritage and Cultural Arts Commission June 7, 2016 (b) The promotion and support of the arts within the community. Such recommendations would include, but are not limited to the following: recommendations on art in public places including City facilities and new developments within the City; exhibits at the Civic Center, Heritage Park & Museums and Public Art Venue; and recommendations for policies on art, cultural activities and facilities. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. The Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2579982.3 ___________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Human Services Commission February 2, 2016 CITY OF DUBLIN HUMAN SERVICES COMMISSION BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Human Services Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Human Services Commission shall be composed of five (5) members. Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 3. Commission members may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered election years and ending in December of an even numbered election year. At the end of a Commissioner member's term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. Section 2. Any member of the Commission may be removed from office with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. Section 3. Commission members must attend 75% of all regular and special meetings in a 12 month period. The Secretary to the Commission shall provide the Mayor with quarterly attendance reports and a annual overview of attendance by Commission members. The Secretary to the Commission shall notify the Mayor if a Commission member is absent from two ___________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Human Services Commission February 2, 2016 consecutive meetings. The Commission member shall also be notified that they may be removed from the Commission. Section 4. If a Commission member ceases to reside in the City of Dublin, said Commissioner’s office shall be declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Commission shall elect a Chairperson and Vice Chairperson at the first meeting in January of each year or, if a quorum is not present, at the next meeting at which a quorum is present. The Chairperson and Vice Chairperson shall serve until their successors are elected, or until their terms as members of the Commission expire, whichever is first. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for no more than two consecutive years. Section 2. The secretary to the Commission will be the City Manager or his/her designee. Section 3. Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 4. Duties of Officers. The Chairman performs the following duties: (a) Presides at all meetings of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. Section 5. The Committees. The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but fewer than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public ___________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Human Services Commission February 2, 2016 representation is desirable, the Commission may appoint non-members to the Committee. Committees make recommendations directly to the Commission. A Committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. ARTICLE VI MEETINGS Section 1. The Commission shall hold regular meetings at least once per quarter at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations as it deems necessary to the City Council and to City Staff in all matters pertaining to human service needs in the Tri-Valley. Such recommendations would include, but are not limited to the Community Grants Program, the Tri-Valley Needs Assessment, and the federal Community Development Block Grant Program. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. It is intended that the Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. ___________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Human Services Commission February 2, 2016 ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2584189.2 ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Senior Center Advisory Committee February 2, 2016 CITY OF DUBLIN SENIOR CENTER ADVISORY COMMITTEE BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Dublin Senior Center Advisory Committee of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Advisory Committee. ARTICLE II COMMITTEE COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Advisory Committee shall be composed of five (5) members. The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 2. Committee members may resign at any time by giving written notice to the Mayor, City Clerk, and Senior Center Staff. Section 3. One member of the Parks and Community Services Commission shall serve as a liaison to the Advisory Committee. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Committee members shall be appointed for terms which run four (4) years beginning in December of even numbered election years and ending in December of even numbered election years. At the end of a Committee member's term, the Committee member may be reappointed to the Committee in the same manner as the initial appointment. Committee members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. Section 2. Any member of the Advisory Committee may be removed from office with the approval of a majority of the City Council. Removal and appointment of Senior Center Advisory Committee Members shall be made only at a regularly scheduled meeting of the City Council. Section 3. Members must attend 75% of all regular and special meetings in a 12 month period. The Secretary to the Advisory Committee shall provide the Mayor with monthly attendance reports and a quarterly overview of attendance by Committee members. The Secretary to the Advisory Committee shall notify the Mayor if a Committee member is absent ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Senior Center Advisory Committee February 2, 2016 from three (3) consecutive meetings. The Committee member shall also be notified that they may be removed from the Committee. Section 4. If a Committee member ceases to reside in the City of Dublin, said Committee member’s office shall be declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Advisory Committee occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Advisory Committee for a 1-year term and hold office until their successors are elected, or until their terms as members of the Advisory Committee expire. The officers are elected at the first meeting of the Advisory Committee in January of each year. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Advisory Committee members are present. The Advisory Committee shall, unless no Committee Members meet the criteria, elect Committee Members to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for more than two consecutive years. The secretary to the Advisory Committee will be the City Manager or his/her designee. Section 2. Vacancies. In case of any vacancy in the office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairman performs the following duties: (a) Presides at all meetings of the Advisory Committee. (b) Appoints sub-committees and chairpersons of sub-committees as necessary. (c) Signs correspondence on behalf of the Advisory Committee. (d) Represents the Advisory Committee before the Parks and Services Commission and City Council, or designates a representative. (e) Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her inability to act, the Vice-Chairperson presides in place of the Chairperson. In the event of the absence of or the inability ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Senior Center Advisory Committee February 2, 2016 to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. Section 4. The Sub-Committees. The Advisory Committee or the Chairperson, upon direction of the Advisory Committee, may appoint several of its members, but less than a quorum, to serve as a Sub-Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Advisory Committee may appoint non- members to the Sub-Committee. Sub-Committees make recommendations directly to the Advisory Committee. A Sub-Committee may not represent the Advisory Committee before the Parks and Community Services Commission and the City Council or other bodies unless it has first received the authorization of the Advisory Committee to do so. ARTICLE VI MEETINGS Section 1. The Advisory Committee shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Advisory Committee and entered upon its minutes. All meetings of the Advisory Committee shall be open to the public. Special meetings of the Advisory Committee may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Advisory Committee shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Advisory Committee, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMITTEE Section 1. The Commission shall consider and make recommendations, as it deems necessary to the City Parks and Services Commission, City Council, and City Staff in all matters pertaining to the operation and maintenance of an effective, efficient, and adequate Senior Center for Dublin citizens. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and/or modification of senior services and facilities; future senior needs; conduct of persons using the Senior Center; and rules for the use of the Senior Center by the public. ARTICLE VIII DUTIES OF COMMITTEE TO BE ADVISORY ONLY Section 1. It is intended that the Advisory Committee shall be an advisory body to the Parks and Community Services Commission and City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Senior Center Advisory Committee February 2, 2016 are under their respective jurisdictions. Each Committee Member is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Advisory Committee with such information and Staff assistance as the Advisory Committee may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2584737.2 ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Youth Advisory Committee February 2, 2016 CITY OF DUBLIN YOUTH ADVISORY COMMITTEE BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Youth Advisory Committee of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Advisory Committee. ARTICLE II COMMITTEE COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Youth Advisory Committee shall be composed of a minimum of nine (9) and a maximum of thirteen (13) youth members and three (3) alternates. At least three (3) of the Committee Members must be from middle school and six (6) from high school. Additionally, there shall be four (4) non-voting adult members representing Dublin Police Services, Dublin Unified School District, Dublin Chamber of Commerce, and At-large Community. Section 2. Committee members may resign at any time by giving written notice to the Mayor, City Clerk, and Parks and Community Services Director or his/her designee. Section 3. One member of the Parks and Community Services Commission shall serve as a non-voting member to the Advisory Committee. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Youth Advisory Committee Members shall serve a one (1) year term, commencing June 1 and terminating on the following May 31 (or until their successors are appointed). During the months of June through August, meetings will be held as necessary. At the end of a Committee member's term, the Committee member may be reappointed to the Advisory Committee in the same manner as the initial appointment. There shall be no limit to the number of terms a Committee member may serve. Section 2. Advisory Committee members may be removed from office with the approval of a majority of the City Council. Removal and appointment of Committee Members shall be made only at a regularly scheduled meeting of the City Council. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Youth Advisory Committee February 2, 2016 Section 3. If a member of the Advisory Committee is absent from two (2) consecutive meetings or three (3) meetings during the term without permission from said Advisory Committee, or if a Committee member ceases to reside in the City of Dublin or, in the case of youth members, ceases to be enrolled in school, said Committee member’s office shall be declared vacant. Additionally, if a Committee member is late by more than twenty (20) minutes to two meetings without permission from said Advisory Committee, this shall constitute one absence. ARTICLE IV VACANCIES Section 1. Vacancies on the Youth Advisory Committee occurring other than by expiration of term shall be filled for the unexpired portion of the term by the alternates. In the event that there are more than two vacancies on the Advisory Committee, vacancies shall be filled in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Youth Advisory Committee for a one-year term and hold office until their successors are elected, or until their terms as members of the Advisory Committee expire. The officers are elected each year at the June meeting of the Advisory Committee. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Advisory Committee members are present. The Advisory Committee shall, unless no Committee members meet the criteria, elect Committee members to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for more than two (2) consecutive years. The secretary to the Advisory Committee will be the City Manager or his/her designee. Section 2. Vacancies. In case of any vacancy in the office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairman performs the following duties: (a) Presides at all meetings of the Advisory Committee. (b) Appoints sub-committees and chairpersons of sub-committees as necessary. (c) Signs correspondence on behalf of the Advisory Committee. (d) Performs other duties necessary or customary to the office. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Youth Advisory Committee February 2, 2016 (e) Serves the City Council and the residents of the City of Dublin with professionalism and respect. In the event of the absence of the Chairperson or his/her inability to act, the Vice-Chairperson presides in place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. ARTICLE VI SUB-COMMITTEES Section 1. The Advisory Committee or the Chairperson, upon direction of the Advisory Committee, may appoint several of its members, but fewer than a quorum, to serve as a Sub-Committee. The Advisory Committee may appoint non-members to the Sub-Committee in an effort to obtain additional public involvement as needed. Sub-Committees make recommendations directly to the Advisory Committee. Section 2. A Sub-Committee may not represent the Advisory Committee before the Commission or Council or other bodies unless it has first received the authorization of the Advisory Committee to do so. ARTICLE VII MEETINGS Section 1. The Youth Advisory Committee shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Advisory Committee and entered upon its minutes. All meetings of the Advisory Committee shall be open to the public. Special meetings of the Advisory Committee may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Advisory Committee shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Advisory Committee, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. ARTICLE VIII GENERAL RESPONSIBILITIES OF THE COMMITTEE Section 1. Provide input on youth services and programming to the Parks and Community Services Commission, City Council and to City Staff. Section 2. Address issues that affect youth in the community. Section 3. Assist with the promotion and implementation of youth activities. ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Youth Advisory Committee February 2, 2016 Section 4. Generate an annual report on the progress of the Youth Advisory Committee. Additionally, Committee members are expected to attend all regular meeting and subcommittee meetings as assigned; attend the activities planned and sponsored by the Advisory Committee; and promote youth activities and provide support for successful implementation of youth activities and programs. ARTICLE IX DUTIES OF COMMITTEE TO BE ADVISORY ONLY Section 1. It is intended that the Youth Advisory Committee shall be an advisory body to the Parks and Community Services Commission and City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Committee Member is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE X STAFF ASSISTANCE Section 1. The City Manager shall provide the Youth Advisory Committee with such information and Staff assistance as the Advisory Committee may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE XI AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2585294.2 Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Approved By: CLF Revision #: 1 Effective: 5/1/2015 Supersedes: AP 05-1997 Revised: 4/2015 Page 1 of 8 I. BACKGROUND The issue of substance abuse, the misuse of both Legal and Illegal Drugs, has been identified as a major social problem. It is well documented that substance abuse in the workplace can negatively impact employee performance, worker safety and the safety of the general public. In particular, the City of Dublin has a responsibility to ensure the safe and efficient delivery of municipal services to the public. The City is therefore committed to maintaining a workplace that is free of drugs and alcohol and to discourage drug and alcohol abuse by its employees. City of Dublin employees have a right to work in a drug and alcohol free environment; therefore, alcohol and drug use/abuse in the workplace will not be tolerated. The City has a vital interest in maintaining safe and efficient working conditions for its employees. Substance abuse is incompatible with health, safety, efficiency, and success at the City. Employees who are under the influence of alcohol or who have any Illegal Drugs in their system, or who abuse Legal Drugs while conducting or performing City business compromise the City’s interests, endanger their own health and safety and the health and safety of others, and can cause a number of other work-related problems, including absenteeism and tardiness, substandard job performance, increased workloads for coworkers, behavior that disrupts other employees, delays in the completion of work, inferior quality in service and disruption of resident relations. It is important for employees to understand that this Policy governs not only the abuse of alcohol and Illegal drugs, but also the use and abuse of Legal Drugs in the workplace. Employees who find the need to use Legal Drugs, including prescription and over-the counter drugs, should consult with and must comply with those provisions set forth in this Policy that address such use. To further its interest in avoiding accidents, to promote and maintain safe and efficient working conditions for its employees, to protect its business, property, equipment and operations, and to comply with all federal and state requirements, the City has established this Policy concerning employee use of alcohol and drugs. As a condition of continued employment with the City, each employee must abide by this Policy. II. DEFINITIONS For purposes of the Drug Free Workplace Policy: A. City: City means the City of Dublin Municipal Corporation. B. Illegal Drugs or Other Controlled Substances: Illegal drugs or other controlled substances mean any drug or substance that (i) is not legally obtainable; or (ii) is legally obtainable but has not been legally obtained; or (iii) has been legally obtained but is being sold or distributed unlawfully. C. Impair, Impaired, or Impairment: Impair, impaired, or impairment shall be considered an employee’s use of alcohol and/or all substances, drugs, or medication, legal or illegal, which impairs an employee’s ability, physically and/or mentally to perform safely and effectively the functions and duties of his or her position. D. Legal Drugs: Legal drugs means any drug, including prescription drugs and over the-counter drugs, that has been legally obtained and that is not unlawfully sold or distributed. E. Abuse of Any Legal Drug: Abuse of any legal drug means the use of any legal drug (i) for any purpose other than the purpose for which it was prescribed or manufactured; or (ii) in a quantity, frequency, or manner that is contrary to the instructions or recommendations of the prescribing physician or manufacturer. Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Effective: 5/1/2015 Supersedes: AP 05-1997 Page 2 of 8 F. Reasonable Suspicion: Reasonable suspicion means a suspicion that is based on (i) specific personal observations such as an employee's manner, disposition, muscular movement, appearance, behavior, speech or breath odor; or (ii) information provided to management by an employee, by law enforcement officials, by a security service, or by other persons believed to be reliable; or (iii) a suspicion that is based on other surrounding circumstances. G. Policy: Policy means the City of Dublin Drug Free Work Place Policy. H. Possession: Possession means that an employee has the substance on his or her person or otherwise under his or her control. III. COMPLIANCE WITH FEDERAL LAW In 1988, Congress enacted the Drug Free Workplace Act. The Drug-Free Workplace Act applies to employers with any federal grant or with a federal contract worth more than $25,000. This regulation applies to the City of Dublin. The law requires that any employees convicted of any drug or alcohol related workplace crimes to notify the employer within five days of the conviction. The City must then notify the granting or contracting federal agency within 10 days of receiving a conviction notice from the employee. The City must then impose sanctions (up to and including employment termination) against convicted employees within 30 days, or require them to participate in a drug abuse assistance or rehabilitation program approved by an appropriate law enforcement or health agency. As a recipient of federal grants, the City of Dublin and its employees must comply with these requirements. It is the a violation of this Policy, and therefore prohibited, to manufacture, distribute, dispense, possess, use, consume, or be under the influence of Illegal Drugs or Other Controlled Substances while on duty or while in or on City property, vehicles, or equipment. This Policy shall apply to all Covered Employees, including but not limited to employees, volunteers, or contractors performing work for the City of Dublin. IV. PURPOSE The City of Dublin has a responsibility to ensure the safe and efficient delivery of municipal services to the public. In addition, the City has a responsibility and is committed to protecting the safety, health and well-being of all employees and other individuals in our workplace. Therefore, the intent of this Policy is to eliminate and prevent the abuse of Illegal and Legal Drugs and their effects in the workplace. While the City of Dublin has no intention of intruding into the private lives of its employees, involvement with drugs and alcohol off the job can take its toll on job performance and employee safety. The City’s goal is that employees be in a condition to perform their duties safely and effectively, in the interests of their fellow workers and the public as well as themselves. The presence and influence of drugs and alcohol on the job, and the influence of these substances on employees during working hours, are inconsistent with this objective and a violation of the City’s Personnel System Rules, Section 23 Drug and Alcohol Free Workplace. This Policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of City management and employees. To that end, the City will act to prevent and/or eliminate any substance abuse (alcohol, Illegal Drugs, Legal Drugs or any other substance which Impairs an employee’s ability to safely and effectively perform the functions of the particular job) which increases the potential for accidents, absenteeism, substandard performance, poor employee morale or damage to the City’s reputation. All employees covered by this Policy should be aware that violations of this Policy may result in discipline, up to and including termination. Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Effective: 5/1/2015 Supersedes: AP 05-1997 Page 3 of 8 It is important for employees to understand that this Policy governs not only the abuse of alcohol and Illegal Drugs, but also the use and abuse of Legal Drugs in the workplace. Employees who find the need to use Legal Drugs, including prescription and over-the counter drugs, should consult with and must comply with those provisions set forth in this Policy that address such use. Employees who think they may have an alcohol or drug usage problem are urged to seek, on their own volition, confidential assistance from the City’s employee assistance program. V. COVERED EMPLOYEES Any individual who conducts business for the City, is applying for a position or is conducting business on the City's property is covered by this Policy. The City’s Policy includes, but is not limited to, full-time employees, part-time employees, contractors, volunteers, interns and applicants for employment or volunteer appointment, such individuals are defined as “Covered Employees” within this Policy. VI. APPLICABILITY This drug-free workplace Policy is intended to apply whenever anyone is representing or conducting business for the City. Therefore, this Policy applies during all working hours, whenever conducting business or representing the City, while on or in City property and at City-sponsored events. This Policy also applies during meal periods or other breaks if an individual is expected to return to work after the meal period or break. The alcohol restrictions in this Policy are not intended to apply to social gatherings, conferences, and after-hours’ employee or community events where employees are not working and are not expected to return to work. VII. LEGAL AND ILLEGAL DRUG USAGE It is a violation of the City of Dublin Drug-free Workplace Policy to use, manufacture, distribute, dispense, possess, consume, be under the influence of, sell, trade, and/or offer for sale any and all Illegal Drugs or other controlled substances, alcohol, or intoxicants while on duty, while on City property, or while in or on City vehicles or equipment. Legal Drugs, such as prescription and over-the-counter drugs, are not prohibited when taken in standard dosage and/or according to a physician's prescription. Any employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with safe performance of his/her job. If the use of a Legal Drug could compromise the safety of the employee, fellow employees or the public, it is the employee's responsibility to use appropriate personnel procedures (e.g., call in sick, use leave, request change of duty, notify supervisor) to avoid unsafe workplace practices. The illegal or unauthorized use of Legal Drugs is prohibited. It is a violation of this Policy to intentionally misuse and/or abuse Legal Drugs, such as prescription medications. Upon Reasonable Suspicion, the City may require employees to show a valid prescription from a licensed doctor or pharmacist for use of Legal Drugs while on duty. The City may take disciplinary action, up to and including termination, against an employee who has engaged in improper use of Legal Drugs while on duty. VIII. PROHIBITED CONDUCT A. Scope: The Prohibited Behaviors within this Policy apply whenever the interests of the City may be affected, including any time the employee is: Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Effective: 5/1/2015 Supersedes: AP 05-1997 Page 4 of 8 1. On City premises; 2. Conducting or performing City business, regardless of location; 3. Operating or responsible for the operation, custody, or care of City equipment or other property; or 4. Responsible in any way for the safety of other individuals associated with City, including, but not limited to, co-employees, volunteers, management, contractors, visitors, residents and vendors. B. Alcohol: The following acts are prohibited and subject an employee to discharge: 1. The unauthorized use, possession, purchase, sale, manufacture, distribution, transportation or dispensation of alcohol; or 2. Being under the influence of alcohol as defined by applicable state law. C. Illegal Drugs: The following acts are prohibited and subject an employee to discharge: 1. The use, possession, purchase, sale, manufacture, distribution, transportation, or dispensation of any Illegal Drug or other controlled substance; 2. Having any Illegal Drug or Other Controlled Substance in your system; or 3. Working while Impaired by the use of any Illegal Drug or Other Controlled Substance. D. Legal Drugs: The following acts are prohibited and subject an employee to discharge: 1. The Abuse of Any Legal Drug; or 2. The purchase, sale, manufacture, distribution, transportation, dispensation, or possession of any Legal Drug, including prescriptions or over-the counter drugs, in a manner inconsistent with law; or 3. Working while Impaired by the use of a Legal Drug; or 4. Working without obtaining the required consent in violation of Section IX & XIV; or 5. Failure to make proper disclosure in violation of Section X & XIV. IX. EMPLOYER RESPONSIBILITIES A. To provide each employee a copy of this Policy. B. To enforce the provisions of this Policy. C. To inform employees of the dangers of drug use in the workplace. To increase awareness of the dangers of drugs in the workplace, the City will distribute appropriate literature for the review of all City employees as part of the ongoing drug awareness efforts. D. Through various programs available through the City’s health plans, to encourage employees suffering from drug abuse, to seek voluntary counseling or treatment. E. Upon notification from an employee that a drug conviction has occurred within the workplace, the City will take appropriate action within 30 days of notification. Federal contracting agencies will be notified when appropriate. F. Observe employee performance. G. Investigate reports of dangerous practices. H. Consent Required: Upon notification from an employee that he or she is or will be taking medications that may Impair his or her ability to perform various work functions, the City will evaluate the situation and provide an employee with consent to perform his or her work under normal conditions, perform regular duties with limitations, such as not operating vehicles or equipment, or withhold consent and provide the employee with alternative direction, such as staying home until the need for the medication has passed. X. EMPLOYEE RESPONSIBILITIES A. To acquaint themselves with and abide by the provisions of this Policy. Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Effective: 5/1/2015 Supersedes: AP 05-1997 Page 5 of 8 B. To notify their Department Head or Personnel Officer in writing of any criminal drug statute conviction for a violation occurring in the City workplace. Said notification shall be made no later than five (5) days after such conviction. C. Employees shall not report to work or be subject to duty while their ability to perform job duties is Impaired due to on- or off-duty use of alcohol or other drugs. D. Be concerned about working in a safe environment. E. Use the employee assistance program. F. Report dangerous behavior to their Supervisor or Human Resources without the fear of retaliation G. Disclosure Required: Employees must notify their Supervisor or Human Resources before beginning work, when taking any medications or drugs (prescription or nonprescription), which may interfere with the safe and effective performance of duties or operation of City vehicles or equipment. XI. POLICY VIOLATION A. As defined within this Policy, Covered Employees who violate the provisions of this Policy will be subject to progressive disciplinary action up to and including termination; or, at the discretion of the City, as a condition of continued employment be required to participate in and successfully complete a drug free abuse or assistance program approved by the City. An employee required to enter such programs and fails to successfully complete it and/or repeatedly violates the Policy shall be terminated from employment in accordance with the City’s Personnel System Rules. Nothing in this Policy prohibits the employee from being disciplined or discharged for other violations and/or performance problems. B. Effect of Criminal Conviction: An employee who is convicted under a criminal drug statute for a violation occurring in the workplace, while conducting or performing City business regardless of location, or during any City-related activity or event will be deemed to have violated this Policy. C. Refusal of Substance Screening or Test: A refusal to test shall be treated as a positive test result for the purposes of administration of this Policy and any resulting disciplinary action. Refusal to test includes circumstances or behaviors such as: 1. Failure to appear at the collection site in the time allotted; 2. Leaving the collection site before the testing process is completed; 3. Failure to provide a urine, breath, or saliva specimen as required by CFR, Part 40; 4. Failure to permit the observation or monitoring of specimen collection when it is required; 5. Failure to provide a sufficient amount of urine or breath specimen without a valid medical explanation; 6. Failure or refusal to take a second test when required; 7. Failure to undergo a medical evaluation when required; 8. Failure to cooperate with any part of the testing process. (Example: refusal to sign the testing form when required); 9. Leaving the scene of an accident without just cause prior to submitting to a test; or, 10. If the Medical Review Officer (MRO) reports a verified adulterated or substituted test result. D. Disciplinary Actions: 1. First Violation: Covered Employees who violate this Policy shall be subject to progressive discipline up to and including termination. An employee who is not terminated for a first violation of this Policy will receive a final written warning. The City reserves the right to suspend the employee without pay for a period of up to five (5) business days. 2. Second Violation: A second violation of this Policy at any time will result in termination XII. SEARCHES Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Effective: 5/1/2015 Supersedes: AP 05-1997 Page 6 of 8 The City reserves the right to search all areas and property over which the City maintains full or joint control with the employee for the purpose of detecting alcohol or Illegal Drugs. The search will be conducted only with the approval of the Department Head, City Manager or Human Resources representative and in accordance with applicable Government Code provisions and other legal requirements. The City will make a reasonable effort to contact the employee to have them present while searching the property in question. Areas in which the City maintains full control include, but are not limited to, all City owned properties and buildings and City owned vehicles and equipment. Areas jointly controlled by the City and the employee include, but are not limited to, desks, lockers, file cabinets, office cabinets and bookshelves. The City may notify the appropriate law enforcement agency if it believes any person on or in City property may have Illegal Drugs in his or her possession. XIII. SUBSTANCE SCREENING OR TESTING To ensure the accuracy and fairness of the City’s testing program, all testing will be conducted according to Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines where applicable and will include a screening test; a confirmation test; the opportunity for a split sample; review by a Medical Review Officer, including the opportunity for employees who test positive to provide a legitimate medical explanation, such as a physician's prescription, for the positive result; and a documented chain of custody. A. Job Applicants: Job applicants may be required to undergo drug and alcohol testing as a condition of employment with the City. B. Employees: Current employees will be subject to testing if they: 1. Report to work or, while conducting or performing City business regardless of location, are suspected of being intoxicated or exhibiting abnormal behavior or performance difficulties associated with substance abuse; 2. Are involved in a work-related accident and exhibit indicators of substance abuse; 3. Are subject to federal or state regulatory requirements for random drug or alcohol testing; or 4. Are in safety-sensitive positions or other positions in which Impaired performance could have an adverse effect on the health or safety of the employee, his or her co-employees, other individuals or the City. C. Testing: The City may utilize each or all of the following testing methods: 1. Pre-employment testing; 2. Random testing for employees in safety-sensitive positions; 3. Reasonable Suspicion testing; 4. Post-accident testing (where the employee exhibits indicators of substance abuse); and 5. Testing authorized or required by federal or state regulations, including Department of Transportation regulations. XIV. CONFIDENTIALITY All information received by the City under this Policy is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies. Any and all drug testing information obtained under this Policy shall be maintained and stored in separated confidential files within Human Resources. XV. PROMULGATION OF POLICY Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Effective: 5/1/2015 Supersedes: AP 05-1997 Page 7 of 8 Continued communication of the City’s Policy to both Supervisors and Covered Employees is critical to the City’s success. To ensure that Covered Employees are aware of their role in supporting our Policy, the following shall apply: • All Covered Employees will receive a copy of this Policy. • The Policy will be reviewed in orientation sessions with new employees. • Periodic updates and reminders of this Policy shall be sent by Human Resources. XVI. THE CITY’S CONSENT FOR USE OF LEGAL DRUGS A. Use of Legal Drugs: The City recognizes that it may be necessary for employees to use Legal Drugs from time to time. The City also recognizes that an employee who is using Legal Drugs might become Impaired by the drug such that the employee's ability to adequately or safely perform is compromised. In order to accommodate employees who might be required to use Legal Drugs, and to help assure that no serious adverse consequences in the workplace result from such drug use, employees are required to obtain the City’s consent and comply with certain disclosure and work-restriction requirements under the following circumstances. B. When Consent Is Required: Employees who know or should know that their use of Legal Drugs might endanger their own safety or the safety of another person, or might pose a risk of significant damage to the City’s property, or might substantially interfere with their job performance or the efficient operation of the City’s business, are obligated to report such drug use to the Supervisor, Department Head, Personnel Officer or the City Manager, and to obtain the City’s consent to continue working. The City reserves the right to have either a City physician or the employee's own physician determine whether it is advisable for the employee to continue working while taking such drugs. C. Duty to Disclose: Employees who operate or who are responsible in any way for the operation, custody or care of the City’s property, or for the safety of other employees or other persons, have a duty to disclose the nature of their job duties to any prescribing physician or pharmacist and/or to a City physician or pharmacist and to inquire of the physician(s) or pharmacist whether their use of the drugs prescribed might result in the dangers, risks or Impairment that this Policy is intended to prevent. D. Restrictions on Work: The City reserves the right to restrict the work activities of any employee who is using Legal Drugs or prohibit any employee from working entirely while he or she is using Legal Drugs. E. Duty to Refrain from Working: Each employee using Legal Drugs has a duty to not report for work while impaired by the drug if such Impairment might result in serious harm or damage or might interfere with his or her job performance. Accordingly, even if an employee has obtained the City’s consent to continue working while taking Legal Drugs, the employee will not be authorized to work while impaired by the use of such drug if the employee knows or has reason to know that working while impaired might endanger the safety of the employee or some other person, pose a risk of significant damage to the City’s property, or substantially interfere with the employee's job performance or the efficient operation of the City’s business. XVII. CRIMINAL CONVICTIONS Employees are required by this Policy to notify the City of any conviction under a criminal drug statute for a violation occurring in the workplace, while conducting or performing City business regardless of location, or during any City-related activity or event, not later than five (5) days after any such conviction. When required by applicable law, the City will notify agencies under contract of any employee who has been convicted under a criminal drug statute for a violation occurring while conducting or performing City business, regardless of location. Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Effective: 5/1/2015 Supersedes: AP 05-1997 Page 8 of 8 XVIII. UNREGULATED OR AUTHORIZED CONDUCT A. Customary Use of Over-the-Counter Drugs: Nothing in this Policy is intended to prohibit the customary and ordinary purchase, sale, use, possession, or dispensation of over-the-counter drugs, so long as such activity does not violate any law or result in an employee being impaired by the use of such drugs in violation of this Policy. B. Off-the-Job Conduct: Nothing in this Policy is intended to regulate off-the-job conduct, so long as the employee's off-the-job use of alcohol or Legal Drugs does not result in the employee being under the influence of or Impaired by the use of alcohol or drugs in violation of this Policy. C. Use of Alcohol or Legal Drugs: The Personnel Officer will maintain a list of circumstances in which the use or possession of certain Legal Drugs or alcohol is authorized (such as certain medicine or drugs maintained in company first-aid cabinets or alcoholic beverages served during or after business meetings or social functions) and will communicate the authorization as appropriate. Changes to the authorization require the prior written approval of the City Manager. Except as otherwise provided in this Policy, no employee may assume that his or her possession, use, purchase, sale, manufacture, distribution, transportation, or dispensation of alcohol or drugs is authorized unless the employee has been notified in writing by the City Manager. XIX. ASSISTANCE The City recognizes that alcohol, drug abuse and addiction are treatable illnesses. The City also realizes that early intervention and support improve the success of rehabilitation. Therefore, this Policy: • Encourages individuals to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem. • Encourages individuals to utilize the services of qualified professionals to assess the seriousness of suspected drug or alcohol problems and identify appropriate sources of help. • Offers all fully benefitted employees, and their eligible family members, assistance with alcohol and drug problems through the employee assistance program. Treatment for alcoholism and/or other drug use disorders may be covered by an eligible employee’s medical benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to the individual. XX. QUALIFIED DISABLED EMPLOYEES A. Commitment to Employ Disabled Individuals: Nothing in this Policy is intended to diminish the City’s commitment to employ qualified disabled individuals or to provide reasonable accommodation to such individuals consistent with all federal, state and local laws. As noted above, however, employees are required, under certain limited circumstances, to obtain the City’s consent to continue working while using Legal Drugs. B. Reasonable Accommodation: If an employee's use of a Legal Drug is related to a disability and the employee voluntarily self-identifies as a disabled individual to the City in connection with an effort to determine whether it is advisable to continue working despite the use of the drug, and if it is determined that the employee should not continue to work in his or her regular job while using the Legal Drug, an effort will be made to reasonably accommodate that employee. ADMINISTRATIVE POLICIES NUMBER AP 01-2004 Page 1 of 4 REVISION #1 SUPERSEDES AP-01-1991 SUBJECT HARASSMENT PREVENTION POLICY AND COMPLAINT PROCEDURES APPROVED BY Richard C. Ambrose EFFECTIVE DATE March 15, 2004 I. PURPOSE The purpose of this policy is to establish the City of Dublin’s strong commitment to providing a work environment free from unlawful and improper harassment; to define harassment; to inform all employees, officers and officials of the City of Dublin that harassment is illegal; to ensure that unprofessional behavior that creates a hostile work environment is not be tolerated; and to set forth a procedure for investigating and resolving internal complaints of harassment. II. POLICY It is the City’s policy to provide a workplace free from unlawful and improper harassment. This policy protects all:  Applicants,  Employees, and  Persons providing services pursuant to a contract with the City. Harassment on any basis, including, but not limited to, on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, citizenship status, military service status, sex (including pregnancy, childbirth or related medical conditions), gender, sexual orientation, age (40 or over) or other basis protected by law will not be tolerated. The City will take all reasonable steps necessary to prevent harassment. When aware of harassment, the City will take immediate and appropriate corrective action, including all steps necessary to end the harassment, whether or not a complaint has been filed. The City will take appropriate disciplinary action, up to and including termination, for violations of its policy against harassment. If the City becomes aware of sexual harassment, including gender harassment and harassment based on pregnancy, childbirth, or related medical conditions, inflicted by a non-employee on any of the above protected parties, the City will take immediate and appropriate corrective action. Any retaliation against a person for filing a harassment charge or making a harassment complaint with the City, or with any municipal, state or federal equal employment opportunity agency, or because he or she has participated in an investigation of a charge of harassment is prohibited. III. DEFINITION A. “Harassment” refers to behavior that is not welcome, that is personally offensive, that debilitates morale, and that, therefore, interferes with work effectiveness. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Harassment includes, but is not limited to: CITY OF DUBLIN ADMINISTRATIVE POLICIES NUMBER AP 01-2004 Page 2 of 4 1. Verbal Harassment – For example, epithets, derogatory comments or slurs on the basis of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. This might include inappropriate sex oriented comments on appearance, including dress or physical features or race oriented stories. 2. Physical Harassment – For example, assault, impeding or blocking movement, or any physical interference with normal work or movement when directed at the individual on the basis of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. This could be conduct in the form of pinching, grabbing, patting, propositioning, leering or making explicit or implied job threats or promises in return for submission to physical acts. 3. Visual Forms of Harassment – For example, derogatory posters, notices, bulletins, cartoons, or drawings on the basis of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. 4. Sexual Favors – Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual natures which is conditioned upon an employment benefit, unreasonably interferes with an individual’s work performance or creates an offensive work environment. Harassment on the basis of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age is a violation of Title VII of the Civil Rights Act of 1964, the California Government Code and Regulatory Guidelines of the Equal Employment Opportunity Commission and the California Fair Employment and Housing Commission. B. “Sexual Harassment” is defined by the Federal Equal Employment Opportunity Commission’s Guidelines as: “Unwelcome sexual advances, requests for sexual favors, and other verbal and/or physical conduct of a sexual nature constitute sexual harassment when – 1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, 2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such an individual, or 3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.” Sexual harassment also includes the threat or insinuation that lack of sexual submission will adversely affect an employee’s employment, wages, advancement, assigned duties or shifts, or other conditions that affect an employee’s livelihood. Sexual harassment can be inflicted by both men and women, and can be inflicted upon those of the opposite sex or the same sex. CITY OF DUBLIN ADMINISTRATIVE POLICIES NUMBER AP 01-2004 Page 3 of 4 IV. RESPONSIBILITIES Each employee is responsible to ensure that his/her conduct or actions do not violate the law or this policy, and that he/she does not actively or passively condone any form of harassment. Each employee, applicant, or person providing services to the City under a contract is encouraged to bring to the attention of any appropriate party, including a manager, supervisor, department head, or the Personnel Officer, any incident of harassment that requires immediate attention or further investigation, and to do so before harassment becomes severe or pervasive. If a protected party’s direct supervisor or other direct authority is the source of harassment, the party is encouraged to seek assistance outside of the chain of command. Though the City recognizes it may not always be possible, it is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. V. COMPLAINT PROCEDURE The City takes all concerns regarding harassment seriously. All parties protected by this policy should feel confident in taking bringing to the City’s attention incidents of harassment, so that they can be addressed in a timely and appropriate fashion. A. Filing: An employee or job applicant who believes he or she has been harassed should make a complaint orally or in writing with any of the following: 1. Immediate supervisor 2. Any supervisor or manager within or outside the department 3. Department head 4. Personnel Officer Any supervisor, manager or department head who receives a harassment complaint should notify the Personnel Officer immediately. B. Upon notification of a harassment complaint, the Personnel Officer shall: 1. Authorize and/or supervise investigation of the complaint promptly and thoroughly in as confidential a manner as is consistent with a full, fair and proper investigation and due process requirements. The investigation will include interviews with: a) the complainant; 2) the accused harasser; and c) any other persons the Personnel Officer has reason to believe have relevant knowledge concerning the complaint. 2. Review factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment; giving consideration to all factual information, the totality of the circumstances, including the nature of the verbal, physical, visual or sexual conduct and the context in which the alleged incident occurred. CITY OF DUBLIN ADMINISTRATIVE POLICIES NUMBER AP 01-2004 Page 4 of 4 3. Report the results of the investigation and the determination as to whether harassment occurred to appropriate persons including the complainant, the alleged harasser, the supervisor and the department head. 4. If harassment occurred, take and/or recommend to the appointing authority prompt and effective remedial action against the harasser. The action will be commensurate with the severity of the offense. 5. Take reasonable steps to protect the victim and other potential victims from further harassment. 6. Take reasonable steps to protect the victim from any retaliation as a result of communicating the complaint. 7. If appropriate, take action to remedy the victim’s loss, if any, which resulted from the harassment. VI. DISSEMINATION OF POLICY All employees, officers and officials shall be sent copies of this Policy. G:\PERSNEL\CITYPERS\DOCUMNTS\Harrassment policy-new 2004 version.doc ADMINISTRATIVE POLICIES NUMBER AP 18-2006 PAGE 1 OF 5 REVISION SUPERSEDES SUBJECT OFFICIAL TRAVEL AND OTHER BUSINESS AND REIMBURSEMENT OF EXPENSES POLICY APPROVED BY Richard C. Ambrose EFFECTIVE DATE January 03, 2006 A. PURPOSE The purpose of this policy is to ensure that the reimbursement of members of legislative bodies for expenses incurred in the performance of official duties complies with the California Government Code, including the recently enacted legislation, which adds Sections 53232.2 et seq. to the Government Code; to establish a reimbursement policy applicable to City employees and legislative bodies; and to establish other requirements related to travel expenses paid by the City. B. DEFINITION The following definition shall apply to this policy: “Legislative body” means the City Council, Planning Commission, Parks & Community Services Commission, Heritage & Cultural Arts Commission, Senior Advisory Committee, and Youth Advisory Committee. C. POLICY Members of a legislative body and City employees may be reimbursed for actual and necessary expenses incurred in the performance of official duties only as provided in this Policy. 1. Types of Occurrences that Qualify for Reimbursement. Members of a legislative body and City employees may be reimbursed for actual and necessary expenses incurred in the performance of official duties, including (a) attending conferences, (b) attending organized educational activities, (c) meeting with local, state, and federal legislators and officials regarding official city business, (d) meeting with staff and officials of surrounding communities regarding matters of mutual concern, (e) attending City events, (f) participating in regional, state, and national organizations whose activities affect the City’s interests, and (g) implementing a City-approved strategy for attracting and retaining businesses to the City, which will typically involve at least one staff member. 2. Government Rates. Airlines, hotels, and rental car companies may offer special rates available to state, federal, and local governments. These rates are presumed to be the most economical and reasonable rates for the purposes of this Policy. Those booking travel should consult available resources to determine the if applicable government rates are available. 3. Transportation a. Cost Comparison to Determine Mode of Transportation. When contemplating travel arrangements, members of a legislative body and City employees should choose the least expensive mode of travel. For example, in some cases, it may be less expensive for the City to reimburse an employee or members of a legislative body for mileage associated with vehicle transportation than to pay for air travel. Prior to making travel arrangements, the employee or CITY OF DUBLIN ADMINISTRATIVE POLICIES NUMBER AP 18-2006 PAGE 2 OF 5 member of the legislative body shall compare the cost of traveling by the various modes of travel available and determine the most cost effective mode given the employee or official’s scheduling needs. City employees and members of legislative bodies shall also consider cost-saving strategies such as car-pooling in the cost comparison. b. Air Travel. When possible, members of a legislative body and City employees should arrange for air travel to be paid for by the City, pursuant to Administrative Policy 09-2005 relating to credit card usage. The designated individual in each Department responsible for making travel arrangements, pursuant to Administrative Policy 09-2005, shall book the most economical and reasonable mode and class of transportation available that is consistent with the employee or official’s scheduling needs. c. Personal Vehicle Travel. Members of a legislative body and City employees may be reimbursed for expenses incurred in traveling by personal vehicle on official business at the Internal Revenue Service Mileage Rate, in effect at the time of the travel. Members of a legislative body and City employees requesting such reimbursement shall indicate reimbursable mileage on the Travel Expense Report, which shall satisfy the Documentation Requirements provided in Section 15 of this Reimbursement Policy. d. Car Rental Arrangement. Prior to requesting a rental car, employees and officials traveling on official business shall consider whether a rental car is the least expensive means of transportation at the destination. When possible, members of a legislative body and City employees should arrange for car rentals to be paid for in advance by the City, pursuant to Administrative Policy 09- 2005 relating to credit card usage. The designated individual in each Department responsible for travel arrangements, pursuant to Administrative Policy 09-2005, shall book the most economical and reasonable rental rate that is available. e. Lack of Advance Arrangements. If advance arrangements for transportation cannot be made due to lack of advance warning or other extenuating circumstances as approved by the City Manager or his or her designee before the expenses are incurred, members of a legislative body and City employees may be reimbursed for the expense of air fare or car rental, so long as the claimant obtained three quotations, including government and group rates when available, and the amount of reimbursement sought does not exceed the least expensive air fare or car rental rate. 4. Meals. a. Meals in Conjunction with Travel. Members of a legislative body and City employees may be reimbursed for expenses incurred for meals consumed in conjunction with travel on official business. For travel within California, a member of a legislative body or City employee may be reimbursed for meals in amounts that do not exceed the following, which include tax and gratuity: Breakfast: $12 Lunch: $18 Dinner: $31 Other Incidentals $ 3 Total Per Diem $64 For travel outside of California, a member of a legislative body or City employee may be reimbursed for meals in amounts that do not exceed the above amounts or the per-meal amounts for the particular locale as published by the U.S. General Services Administration in the document entitled “Per Diem Rates,” available at www.gsa.gov, whichever is higher. CITY OF DUBLIN ADMINISTRATIVE POLICIES NUMBER AP 18-2006 PAGE 3 OF 5 Notwithstanding the per-meal amounts set forth above and those published by the U.S. General Services Administration, the member or employee may be reimbursed for meals in an amount that does not exceed the aggregate amount of meal allowances in a particular day for which the member or employee is eligible. b. If a meal is provided by a conference or organized educational activity, or otherwise included in the payment of registration fees, City employees and members of legislative bodies may not be reimbursed for meals purchased in lieu of, or in addition to, the provided meal. (For example, if lunch is provided one day at a conference, the total daily maximum for meals of $64 would be reduced by the lunch maximum of $18 to arrive at a new maximum aggregate amount of $46). c. Reimbursement for Other Meals. Where authorized by Section 4 of this Policy, members of a legislative body and City employees may be reimbursed for their meals associated with the performance of official duties at rates not to exceed the amounts set forth in this Policy. Meals for spouses, family members, and other third parties shall not be reimbursed. 5. Lodging. a. The City will pay for or reimburse for lodging expenses when travel on official city business reasonably requires an overnight stay. b. When possible, members of a legislative body and City employees should arrange for lodging expenses to be paid by the City, pursuant to Administrative Policy 09-2005 relating to credit card usage. The designated individual in each Department responsible for making travel arrangements, pursuant to Administrative Policy 09-2005, shall book lodging at the most economical and reasonable rates for lodging that is in a location that is reasonable and convenient in relation to the employee or official’s scheduling and official business needs. For lodging in connection with a conference or organized educational activity, such lodging costs shall generally not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the City employee or member of a legislative body at the time of booking. c. If advance arrangements for lodging cannot be made due to lack of advance warning, or other extenuating circumstances as approved by the City Manager or his or her designee, a City employee or member of the legislative body may be reimbursed for lodging expenses, so long as the amount of the reimbursement does not exceed the government or group rates offered by a provider of lodging in a location that is reasonable and convenient in relation to the employee or official’s official business needs or the maximum group rate published by the event or activity sponsor, whichever is higher. The extenuating circumstances shall be subject to review and approval in advance by the City Manager. 6. Incidental Expense Reimbursement. Members of a legislative body and City employees may be reimbursed for actual and necessary incidental expenses incurred in connection with a conference, organized educational activity, or other performance of official duties. Incidental expenses include gratuities for hotel employees, parking fees, tips for cab drivers, public transportation costs, tolls, telephone calls relating to the performance of official duties, and other such incidental expenses. Reimbursement for expenses incurred in placing telephone calls of a personal nature shall be limited to $10 per day for travel within California, and $20 per day for travel outside of California. CITY OF DUBLIN ADMINISTRATIVE POLICIES NUMBER 18-2006 Page 4 of 5 7. Conference Registration Fee Reimbursement. When possible, members of a legislative body and City employees should arrange for conference and organized educational activity registration fees to be paid in advance of the conference by the City, pursuant to Administrative Policy 09-2005 relating to credit card usage. If such advance arrangements cannot be made due to lack of advance warning or other extenuating circumstances, members of a legislative body and City employees may be reimbursed for the expense of a conference or organized educational activity registration fee. 8. Other Expenses. All other actual and necessary expenses incurred in the performance of official duties that are not described in this Reimbursement Policy shall not be reimbursed unless approved by the City Council before the expense is incurred. 9. Expenses to Accommodate Disabilities. This policy shall not be construed to limit the City’s ability to reimburse members of a legislative body and City employees for necessary expenses in excess of that which is otherwise permitted under this policy where such additional expenses are necessary to accommodate for a disability. 10. Prohibited Expense Reimbursements. Officials and City employees shall not be reimbursed for expenses such as alcoholic beverages, spouse or family meals, entertainment expenses such as movie rental fees, theater tickets or sporting event fees, and fines for parking citations. Meals for spouses, family members, and other third parties shall not be reimbursed. D. EFFECT OF VIOLATION OF THE POLICY A violation of this Reimbursement Policy may result in the following penalties, including, but not limited to: 1) loss of reimbursement privileges; 2) restitution to the City; 3) civil penalties for the misuse of public resources pursuant to Section 424 of the California Penal Code; and 4) prosecution for misuse of public resources pursuant to Section 424 of the California Penal Code. E. REPORTING AND OTHER REQUIREMENTS 1. Brief Report to Legislative Body. Members of the legislative bodies shall provide brief reports on meetings attended at the expense of the City at the next regular meeting of the legislative body immediately following the event for which reimbursement is sought. If more than one member of a legislative body attends the event, a report from one of the members that mentions the other’s presence is sufficient. 2. Reimbursement Requirements. Employee or member of the legislative body is required to submit a Travel Expense Report form for reimbursement of expenses incurred in performance of official duties. The single report will be used to account for both Employee / Legislative Body – personal reimbursements as well as City Credit Card expenditures. Members of a legislative body and City employees must file Travel Expense Report form within 14 days from the last day of business related travel. Submission of expenses on the City Credit Card are strongly encouraged to be filed within 5 days due to timing requirements for the payment of the City credit card bill. 3. Documentation Requirements. The Travel Expense Report forms shall be accompanied by itemized receipts documenting each expense. If receipts are not available the Administrative Services Director shall be notified and will require certification and supplemental details related to the expenditure. The Travel Expense Report form shall be used to document that the expenses for which reimbursement are sought are proper under this Policy. Supporting information should be retained and attached to the report when applicable including but not limited to: Conference Agenda / Registration – indicating meals included in registration; Group Lodging rates; information on transportation options; etc. All documents related to reimbursable expenditures are considered public records subject to California Public Records Act. CITY OF DUBLIN ADMINISTRATIVE POLICIES NUMBER 18-2006 Page 5 of 5 4. Each Department is encouraged to designate one or more Travel Coordinator(s) who will coordinate the preparation and submission of the documentation required. The primary responsibility to assure that all paperwork is submitted remains with the person who incurred the expense. The Department Head or Designee of the claimant’s department is responsible for reviewing the travel expense report for accuracy and determine if they are all eligible expenses. 5. The Claimant is responsible for reimbursing the City for any ineligible expenses charged to the City’s Credit Card as part of the reconcilement of travel expenses. Funds owed by the Claimant may be deducted from the amounts owed by the City as reimbursement and the Travel Expense Report Form will accommodate this adjustment. If no funds are owed by the City to the Claimant, a personal check for the reimbursement of the ineligible expenses shall accompany the Travel Expense Report. 6. Finance is responsible for updating the per-diem rates published by the U. S. General Services Administration annually on October 1. Adjustment of the maximum aggregate for meal expenses within California shall be based on changes in the GSA Meal & Incidental Allowance for San Francisco. Finance shall also update the IRS allowed mileage reimbursement rate on January 1st of each year or as any changes are implemented by the IRS. CITY OF DUBLIN TRAVEL EXPENSE REPORT FORM For expenses not prepaid by City check or credit card EMPLOYEE NAME:ACCT NO.: EVENT: LOCATION OF EVENT: TOTALS -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Less Over Limit (City Credit Card) TRAVEL DATES (FILL IN EACH DAY): MEALS: ENTER IN EACH CELL Eligible amount per meal per day. Maximum Allowable-$74 per diem-Breakdown shown below IF MEAL IS INCLUDED WITH EVENT, ENTER "INCL" IN CELL) (Rate as of 10/1/16-gsa.gov for San Francisco per AP18-2006) Lunch (City Credit Card) Dinner (City Credit Card) Less Over Limit (Employee Paid) Breakfast (Employee Paid) TOTAL ELIGIBLE PER DIEM Net to be Considered Net Adjustments Breakfast per day ($17) Lunch per day ($18) Dinner per day ($34) Incidentals per day ($5) Less: Employee Ineligible (enter as minus) Sub-Total MEALS: Actual Expenditures Breakfast (City Credit Card) Incidentals (City Credit Card) Lunch (Employee Paid) Dinner (Employee Paid) Incidentals (Employee Paid) Less: City Ineligible (enter as minus) Total Employee Paid Meals Lesser of Auth. Or Net Total Personal Calls Max. Allowance ($10/day CA; $20/day out CA) Total City Credit Card charged Meals Adj. for Exceeding Max. Authorized MILEAGE Enter Miles (to/from Dublin) IRS Rate ($0.54 as of 1/1/16) TELEPHONE CALLS Personal (City Credit Card) Personal (Employee Paid) Business (City Credit Card) Business (Employee Paid) Total Business Calls CLAIM DATE: Effective 10/1/2016 CITY OF DUBLIN TRAVEL EXPENSE REPORT FORM For expenses not prepaid by City check or credit card EMPLOYEE NAME:ACCT NO.: EVENT: LOCATION OF EVENT: TOTALSTRAVEL DATES (FILL IN EACH DAY): CLAIM DATE: -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Meals Mileage Personal Calls Business Calls Lodging Transport.Other TOTALS -$ --$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ Employee Signature Date Department Head Signature Date **ATTACH EVENT INFORMATION & ALL RECEIPTS TO THIS EXPENSE REPORT CLAIM** Gas (City Credit Card) LODGING Paid by City Credit Card Employee Paid Baggage Fee (City Credit Card) Description (City Credit Card) GRAND TOTALS Description (Employee Paid) Description (Employee Paid) Total Other SUMMARY City Credit Card Employee Paid LESS Ineligible Charges (Employee to reimburse City for credit card charges) TOTAL EMPLOYEE REIMBURSEMENT Taxi, Bus, etc. (Employee Paid) City Ineligible (Reimbursed by Employee) Total Transportation OTHER: Incidentals - Internet, Baggage Fees, etc. *Please Describe Below* Parking, Toll, etc. (City Credit Card) Taxi, Bus, etc. (City Credit Card) Airfare (Employee Paid) Rental Car (Employee Paid) Gas (Employee Paid) Parking, Toll, etc. (Employee Paid) City Ineligible (Reimbursed by Employee) Total Lodging TRANSPORTATION: Airfare, Rental Car, Public Transportation, Taxi, etc. Airfare (City Credit Card) Rental Car (City Credit Card) By my signature, I hereby certify that the statements herein are true and correct, that the reimbursement for travel expenses claimed was necessary and incurred during the performance of my official duties, and that all reimbursements requested adhere to the City's adopted travel and expense and credit card policies adopted pursuant to Government Code Section 53232.2 for the expenditure of public resources. Effective 10/1/2016 Robert's Rules of Order Motions Chart Based on Robert's Rules of Order Newly Revised (10th Edition) Part 1, Main Motions. These motions are listed in order of precedence. A motion can be introduced if it is higher on the chart than the pending motion. § indicates the section from Robert's Rules. § PURPOSE: YOU SAY: INTERRUPT? 2ND? DEBATE? AMEND? VOTE? §21 Close meeting I move to adjourn No Yes No No Majority §20 Take break I move to recess for ... No Yes No Yes Majority §19 Register complaint I rise to a question of privilege Yes No No No None §18 Make follow agenda I call for the orders of the day Yes No No No None §17 Lay aside temporarily I move to lay the question on the table No Yes No No Majority §16 Close debate I move the previous question No Yes No No 2/3 §15 Limit or extend debate I move that debate be limited to ... No Yes No Yes 2/3 §14 Postpone to a certain time I move to postpone the motion to ... No Yes Yes Yes Majority §13 Refer to committee I move to refer the motion to ... No Yes Yes Yes Majority §12 Modify wording of motion I move to amend the motion by ... No Yes Yes Yes Majority §11 Kill main motion I move that the motion be postponed indefinitely No Yes Yes No Majority §10 Bring business before assembly (a main motion) I move that [or "to"] ... No Yes Yes Yes Majority Part 2, Incidental Motions. No order of precedence. These motions arise incidentally and are decided immediately. § PURPOSE: YOU SAY: INTERRUPT? 2ND? DEBATE? AMEND? VOTE? §23 Enforce rules Point of Order Yes No No No None §24 Submit matter to assembly I appeal from the decision of the chair Yes Yes Varies No Majority §25 Suspend rules I move to suspend the rules No Yes No No 2/3 §26 Avoid main motion altogether I object to the consideration of the question Yes No No No 2/3 §27 Divide motion I move to divide the question No Yes No Yes Majority §29 Demand a rising vote I move for a rising vote Yes No No No None §33 Parliamentary law question Parliamentary inquiry Yes No No No None §33 Request for information Point of information Yes No No No None Part 3, Motions That Bring a Question Again Before the Assembly. No order of precedence. Introduce only when nothing else is pending. § PURPOSE: YOU SAY: INTERRUPT? 2ND? DEBATE? AMEND? VOTE? §34 Take matter from table I move to take from the table ... No Yes No No Majority §35 Cancel previous action I move to rescind ... No Yes Yes Yes 2/3 or Majority with notice §37 Reconsider motion I move to reconsider ... No Yes Varies No Majority