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Home My WebLink AboutItem 8.2 Ethics Training CITY CLERK File # D~~fOJ-ffi5J ""'-, c::- ",., .-". f'J"'., ~,~. r:) /,e.\.., .,. ~.. AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 19,2006 SUBJECT: Determine Date/Time of AB 1234 Ethics Training for Newly Elected! Appointed Officials and Determine Date/Time of Councilmember Disaster Preparedness Training Report Prepared by: Fawn Holman, City Clerk and Roger Bradley, Administrative Analyst ATTACHMENTS: 1) 2) February - March, 2007 Council/Commission Calendar Staff Report dated February 7, 2006 regarding Proposal for Compliance with the Ethics Training Requirements Set Forth in AB 1234 RECOMMENDATION: A 1~ Determine date/ time for Ethics Training for newly elected and 1\ v- appointed Officials; and determine date/time for Disaster Training for City Councilmembers FINANCIAL STATEMENT: None DESCRIPTION: Ethics Training: -for newly elected and appointed City Officials At its February 7, 2006 meeting, the City Council received a report regarding AB 1234, the Local Government Sunshine Bill, as it pertained to mandatory 2-hour ethics training for local agency officials on a bi-annual basis. Under AB 1234, if the City provides compensation, salary, stipend or reimbursement for actual and necessary expenses to a member of a legislative body, then those "local agency officials" must receive ethics training in compliance with AB 1234. AB 1234 defines "local agency official": as 1) any member of a local legislative body or elected official; and 2) any employee designated by a local legislative body to receive the training. As such, all members of the City Council, Planning Commission, Parks & Community Services Commission, Heritage & Cultural Arts Commission, Senior Advisory Committee and Youth Advisory Committee are mandated to receive ethics training. Additionally, City Staff determined by the Council to receive mandatory ethics training include the City Manager, City Attorney, City Treasurer and those designated under the City's Conflict of Interest Code (DMC 2.24.020), excluding consultants. AB 1234 required all local officials who were in service as of January 1, 2006 receive ethics training before January 1,2007. ------------------------------------------------------------------------------------------------------------- COpy TO: ITEM NO. 8.'l Page 1 of2 G:\CC-MTGS\2006 cc mtgs\2006-qtr4\12-Dec\1 2-1 9-06\as-ethics tmg & disaster tmg dates.doc G At its February 2006 meeting, the City Council determined that the current legislative bodies, City Manager, City Attorney, and designated Staff (excluding consultants and those ending service by January 1, 2007) would receive training in October 2006. Any new Councilmembers and Commission/Committee members seated and!or appointed in December would receive ethics training in February 2007. After reviewing the February 2007 Council/Commission Calendar (attached as Attachment 2), and reviewing facility availability in February, Staff recommends that the Ethics Training be scheduled on Monday, February 12,2007, from 5:30-7:30 p.m. in the Council Chamber. Disaster Preoaredness Traininl! - for Councilmembers only As part of the 2006/2007 Goals & Objectives program, Council has included a high priority item to complete disaster preparedness training, which was to be accomplished after the November elections of the new City Councilmembers. This training is being scheduled to maintain compliance with the National Incident Management System (NIMS) training requirements for political or governmental leaders. The NIMS-related training is one of the important requirements that state, territorial, tribal, and local entities must accomplish as a condition of receiving federal preparedness grants in the future. As such, Council will be discussing an appropriate date and time to accomplish this training. It is proposed that Council receive this training on Tuesday, March 20,2007 at 5:00 p.m., prior to the regular Council meeting. Overall, the training will last approximately 2 hours. During this training, the City Council can expect to learn about NIMS, which was developed so responders from different jurisdictions and disciplines can work together to better respond to natural disasters and emergencies, including acts of terrorism. The benefits ofNIMS include a unified approach to incident/emergency management, a standard command and management structure, and an emphasis on preparedness, mutual aid and resource management. Council will also learn about the National Response Plan (NRP), which takes a comprehensive all-hazards approach in managing domestic incidents. It forms the basis of how the federal government coordinates with state, local, and tribal governments and the private sector during incidents. Finally, Council will also be instructed on the Standardized Emergency Management System (SEMS) and is the State of California's Emergency Management System. At this time, Staff is requesting that the City Council confirm the date of February 12, 2007 at 5:30 p.m. for the AB 1234 Ethics Training session; confirm the date of March 20, 2007 at 5:00 p.m. for Disaster Preparedness Training; or provide Staff with alternate direction. 20f2 Ethics Training & Disaster Training Scheduling Options ! 0/} tp February 2007 February 2007 March 2007 M T W T F S S M T W T F S S 1 2 3 4 1 2 3 4 5 6 7 8 91011 5 6 7 8 9 10 11 12 13 14 15 16 17 18 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 20 21 22 23 24 25 26 27 28 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Saturday Januarv 29 30 31 Februarv 1 2 ., .; 9:00am SrCenterAdvC 6:00pm 25th Anniversary Gala 5 6 7 8 9 1e 4:00pm LAVTA 6:00pm Dublin 7:30pm AlaCo Library 7:00pm H&CA Comm 12:30pm Altamont 9:00pm CounciljComr (JL/TO) Housing Adv (KS) Mtg Landfill Open G&O Wksp Auth Mtg Space Comm 7:00pm City Council Mtg 12 13 14 15 16 17 5:30pm Proposed 7:00pm Ping Comm 8:00am A1aCoHousin~ 6:30pm EBD/League Ethics f::1t9_ (JL) (TS) Training 6:30pm AlaCo 7:00pm Leadership (Council Mayors'Conf Academy Chamber) (JL) 19 20 21 22 23 2'<: IcITY OFFICES CLOSED-~ 7:00pm City Council 3:30pm CMA (JL) 6:00pm Volunteer Mtg 6:30pm Tri-Valley Recog Council Mtg Dinner 26 27 28 March 1 2 7:00pm P&CS Comm 7:00pm Ping Comm I 5:00pm AICoWasteM~ 9:00am SrCenterAdvC Mtg_ _ Mt9__ _ (JL) 7:00pm Leadership 5:00pm Chamber Academy Business (Graduation) Expo (2 hrs) /2 -Iq-{)~ i> . 2---- Fawn Holman 1 ATrACIDIENT 1. Ethics Training & Disaster Training Scheduling Options ~t1J& March 2007 March 2007 April 2007 M TW T F S S M TW T F S S 1 2 3 4 1 5 6 7 8 91011 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 Monday Tuesday Wednesday Thursday Friday Saturday Februarv 26 27 28 March 1 2 7:00pm f&CS Comm 7:00pm Ping Comm 5:00pm A1CoWasteM~ 9:00am SrCenterAdvC Mtg -- ~g__--1 (JL) 7:00pm Leadership 5:00pm Chamber Academy Business (Graduation) Expo (2 hrs) 5 6 7 8 9 1e 4:00pm LAVTA 6:00pm Dublin 5:00pm Bingo Night 7:00pm H&CA Comm 12:30pm Altamont (JL/TO) Housing (Sr Ctr) Mtg Landfill Open Auth Mtg Space Mtg 7:00pm City Council Mtg 12 13 14 15 16 17 7:00pm ping Comm i 8:00am AlaCoHousin~ 6:30pm EBD/League 6:30pm Green & St. Pat's Festival Mtg I (JL) (TS) White Gala 11:30am Chamber St. Pats Luncheon 6:30pm AlaCo Mayors'Conf (JL) 19 20 21 22 23 2<: 7:00pm P&CS Comm 5:00pm Proposed 3:30pm CMA (JL) Mtg__ __ Disaster Prep Trng (Chamber) 7:00pm pty Council Mtg 26 27 28 29 30 31 7:00pm Ping Comm : 5:00pm AICoWasteM~ ~g- _--.: (JL) 6:00pm G&O/Budget Study Session Fawn Holman 1 12/13/20063:30 PM CITY CLERK File # D~ffilQ]-[9][5] 37J& AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 7, 2006 Proposal for Compliance with the Ethics Training Requirement Set Forth in AB 1234 Report Prepared by Elizabeth H. Silver, City Attorney and Joni Pattillo, Assistant City Manager SUBJECT: ATTACHMENTS: None. RECOMMENDATION: ('! 1) 2) FINANCIAL STATEMENT: None. DESCRIPTION: 3) Receive staff presentation. Approve ethics training set forth in AB 1234 for the City Council in December 2006 or provide staffwith additional direction. Approve the inclusion of the Planning Commission, Parks & Community Services Commission, Heritage & Cultural Arts Commission, Senior Center Advisory Committee, Youth Advisory Committee and any other City Commissions in the ethics training along with City Council in December 2006 or provide staff with additional direction. City Council to designate City Manager, City Attorney and the designated positions that are listed in the Dublin Municipal Code, Chapter 2.24, Section 2.24.020 to receive the ethics training along with City Council in December 2006 or provide staff with additional direction. 4) The Local Government Sunshine Bill, Assembly Bill 1234 (AB 1234), became effective January 1,2006. At the December 20,2005 City Council meeting, the Council adopted Resolution 231-05 complying with the reimbursement requirements of AB 1234. COpy TO: --~-----------------------------------------------------------~------------------------------------------~-- 80 1341.1 Page 1 of 4 IT1'lCDIT k In addition to its provisions regarding compensation and reimbursement of legislative body members, AB 1234 also imposes a new ethics training requirement for local officials. This staff report discusses the City's obligations with respect to the ethics training requirement, and recommends a proposal for compliance with the requirement. Ethics Training Reauirement tf1J(P AB 1234 requires that each local agency official must receive at least two hours every two years of training in general ethics principles or ethics laws relevant to his or her public service. (Gov. Code ~ 53235(b).) AB 1234 defines Uethics laws" as the laws pertaining to conflicts of interest, the Brown Act, gift and travel restrictions, mass mailing restrictions, due process requirements, etc. (Gov. Code ~ 53234(d).) The City must provide information on the ethics training and make sessions available to its local officials at least once each year. (Gov. Code ~ 53235(f).) Who Must Fulfill the Ethics Training Reauirement Under AB 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. (Gov. Code ~ 53235(a).) AB 1234 defines "local agency official" as 1) any member of a local legislative body or elected official, and 2) any employee designated by a local legislative body to receive the training. (Gov. Code ~ 53234(c).) "Legislative body" has the same definition as "legislative body" in the Brown Act, Government Code Section 54952. Thus, AB 1234 covers the City Council, as well as commissions, boards, or other bodies of a city that are created by charter, ordinance, resolution, or formal action of a legislative body. (Gov. Code ~ 54952 (a) and (b).) Currently, the City compensates and reimburses members of the City Council, Planning Commission, Parks & Community Services Commission, and Heritage & Cultural Arts Commission. (Municipal Code ~~ 2.08.020, 2.16.010, 2.18.010). Additionally, the City reimburses members of the Senior Advisory Committee and Youth Advisory Committee for expenses incurred in performance of official duties (Ord. 01-06). Since the members of these six legislative bodies all receive compensation and/or reimbursement, all such members must receive ethics training compliant with AB 1234. In addition, the City Councilor other legislative body may designate any City employee to receive ethics training, at its discretion. Staff is proposing, for City Council consideration, that training be extended to the City Manager, City Attorney and the designated positions under the Dublin Municipal Code that is in compliance with the Political Reform Act of 1974. Those designated positions excluding consultants (legal counsel opined that consultants could be excluded from this training) that are listed in the Dublin Municipal Code, Chapter 2.24, Section 2.24.020 are as follows: Administrative Services Director Assistant City Attorney Assistant City Manager Building Official City Engineer Community Development Director Economic Development Director Parks and Community Services Director Planning Manager Public Works Director 2~L\ Although not a requirement of AB1234, it is City Staffs intent to incorporate Ethics Traini~~a& baseline-training requirement for all City employees beginning in Fiscal 2006-2007. Deadlines for Compliance with the Ethics Training Requirement AB 1234 requires all local officials who were in service as of January 1, 2006 receive ethics training before January 1, 2007. (Gov. Code ~ 53235.1(a).) This requirement does not apply to local officials whose term in office ends prior to January 1, 2007. (Ibid.) Additionally, local officials who commence service in 2006 have one year from their first day of service to comply with the ethics training requirement. (Gov. Code g 53235.1(b).) In other words, City Council members currently serving on the Council and continuing service into 2007 must receive the training before January 1, 2007, whereas City Council members elected in November 2006 have until November 2007 to satisfy the requirement. Council members whose terms end in November 2006 do not need to receive the training. Proposal for Compliance with the Ethics Training Requirement Staff recommends that the City Attorney or her designee provide an ethics training course in single or multiple sessions, at the Council's discretion. The ethics training course will comply with the curriculum- certification requirements set forth in AB 1234. (Gov. Code 9 53235(c).) Due to the timing constraints of AB 1234, the most opportune time to provide the course would be in December 2006, after the new Council members and Mayor are sworn into office. Thus, if the swearing- in occurs at the first meeting of December, the training could occur at this first meeting or the second December meeting. Of course, the schedule for the training session(s) is at Council discretion, so long as the training complies with AB 1234. Finally, members of the Planning Commission, Parks & Community Services Commission, Heritage & Cultural Arts Commission, Senior Advisory Committee, and Youth Advisory Committee could attend these same ethics training sessions to fulfill the AB 1234 requirement. Alternatively, these local officials may receive training in a separate session. Documentation ReQuirements The City must maintain records regarding the ethics training, including: 1) the dates that local officials received the ethics training, and 2) the name of the entity that provided the training. (Gov. Code 9 53235(a).) The City must maintain these records for at least five years after the local official has received the training, and the records are considered public records subject to disclosure under the California Public Records Act. (Gov. Code ~ 53235.2(b).) The City Clerk will maintain these records. The City Attorney or her designee will provide ethics training participants with proof of participation upon completion of the training course, and a copy of such certification will be forwarded to the City Clerk. 3,an~ RECOMMENDATION LPUfJI;; Staff recommends that the City Council: 1) receive staff presentation, 2) approve ethics training set forth in AB 1234 for the City Council in December 2006 or provide staff with additional direction, and 3) approve the inclusion of the Planning Commission, Parks & Community Services Commission, Heritage & Cultural Arts Commission, Senior Advisory Committee, and Youth Advisory Committee and any other City Commissions in the training along with City Council in December 2006 or provide staff with additional direction, and 4) City Council to designate City Manager, City Attorney and the designated positions that are listed in the Dublin Municipal Code, Chapter 2.24, Section 2.24.020 to receive the ethics training in December 2006 or provide staff with additional direction. 40'k-,4