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Home My WebLink About2023-82 CC Resolution RESOLUTION NO. 2023-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING FIVE CITY COUNCIL POLICIES GOVERNING THE OPERATIONS OF THE CITY COUNCIL FOR INCLUSION IN THE CITY COUNCIL PROTOCOL MANUAL THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On July 14, 2020, the City Council approved the creation of a City Council Protocol Manual as a part of its multi-phased, multi-year Race, Equity, Diversity and Inclusion (REDI) Initiative. Section 2. On July 13, 2021, the City Council approved the general policy content of the City Council Protocol Manual. Section 3. The City Council adopted its first five policies on September 28, 2021 and a revised policy on March 23, 2023. Section 4. On January 10, 2023, the City Council approved a Public Recognitions Policy and appointed an ad hoc City Council Protocol Manual subcommittee to guide staff in the preparation of additional policies for adoption in a completed manual. Section 5. On March 12, 2023 the City Council adopted a revised policy related to agenda placement. Section 6.On May 23,2023,the City Council adopted four policies related to General Law City, Council-Manager Form of Government, Role of Mayor, Mayor Pro Tempore and Council and Selection of Mayor and Mayor Pro Tempore. Section 7. The City Council hereby adopts the following policies for inclusion in the City Council Protocol Manual: A. Use of City Letterhead and Seal (Exhibit A) B. Complimentary Ticket Use and Reporting (Exhibit B) C. Use of Systems, Electronic Communications and Technology Resources(Exhibit C) D. State Mandated Training (Exhibit D) E. Conflict of Interest Laws (Exhibit E) Section 5. All prior resolutions in conflict with and superseded by this resolution are hereby rescinded. Section 6. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of October, 2023. 2-4.1 See( Zak Schwank, Mayor ATT Randi Johl, City Clerk [SEAL] 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No.2023-82 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of October, 2023, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Brown, Kalfus, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 3 i CITY OF TEMECULA CITY COUNCIL POLICY The Heart of Southern California Wine Country Title: Use of City Letterhead and Seal Policy No. TBD Approved: October 24, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth clear guidelines for the use of City letterhead and seal for official City business. The use of City letterhead and seal for any other purpose is prohibited. POLICY: The policy of the City Council with respect to the matter listed in the above-referenced title is as follows: City Letterhead City letterhead shall be used to convey official City business. Council Member correspondence written on City letterhead may reflect a majority position of the Council and/or an individual Council Member's position. For example, City letterhead may be used to convey a collective position of the City Council on legislation, signed by the Mayor on behalf of the City Council. In addition, an individual Council Member, under their individual signature, may use City letterhead to support and/or oppose legislation.Any use of City letterhead shall clearly reference whether the correspondence is being sent on behalf of the members collectively or an individual member. All Council Member correspondence using City resources shall be copied to the full Council. City Seal Pursuant to Government Code Section 40811 the City Clerk is the custodian of the City Seal. Temecula Municipal Code Section 1.12.020 states "The city clerk shall have custody and charge of the City Seal and such other insignia that may from time to time be adopted pursuant to this code. Except as provided by this code, any seal, insignia or other symbol officially adopted for use by the City shall not be affixed to any instrument without the special warrant of the City Clerk therefore." Use of the City Seal is limited to official City business (i.e., official documents) and representation of the City as a whole. Individual use of the City Seal is prohibited. r► CITY OF TEMECULA CITY COUNCIL POLICY The Heart of Southern California Wine Country Title: Complimentary Ticket Use and Reporting Policy No. TBD Approved: October 24, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth the use and reporting requirements affiliated with a complimentary ticket policy. The Political Reform Act, codified in the California Government Code, requires City officials and those employees designated in the City' s conflict of interest code to report gifts valued at$50 or more on their Statement of Economic Interests (Form 700).The regulating agency is the Fair Political Practices Commission (FPPC). FPPC Regulation 18944.1 provides that a ticket or pass provided to such persons by the City and distributed and used in accordance with an adopted written policy that meets the requirements of Regulation 18944.1 is not a gift under the Political Reform Act. The City adopted a Complimentary Ticket Policy in January 2009 and amended it in January 2016 and December 2019. POLICY: The policy of the City Council with respect to the matter listed in the above-referenced title is attached as Exhibit A. Aft CITY OF TEMECULA CITY COUNCIL POLICY The Heart of Southern California Wine Country Title: Use of Systems, Electronic Communications and Technology Resources Policy No. TBD Approved: October 24, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth certain expectations for the use of City systems, electronic communications and/or technology resources, regardless of whether the electronic communications and/or technology resources are owned or maintained by the City, to conduct City business. In utilizing systems, electronic communications and/or technology resources, all users are expected to share the obligation of safeguarding and maintaining the City's information and adhering to the relevant policy. POLICY: The policy of the City Council with respect to the matter listed in the above-referenced title is attached as Exhibit A. fral CITY OF TEMECULA CITY COUNCIL POLICY The Heart of Southern California Wine Country Title: State Mandated Training Policy No. TBD Approved: October 24, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to outline the specific requirements of state mandated training for Council Members, specifically as it relates to AB 1234 and AB 1661. POLICY: The policy of the City Council with respect to the matter listed in the above-referenced title is as follows: AB 1234 Mandatory Ethics Training Government Code Sections 53235 and 53235.1 state that, if a local agency provides compensation, salary, or a stipend to a member of a legislative body or reimbursement for expenses incurred by a member of a legislative body in the performance of official duties, then said local agency officials shall receive two- hour training in ethics. Training opportunities are available online and in-person through a variety of sources including the Attorney General, Fair Political Practices Commission, League of California Cities, Institute for Local Government and other agencies and municipal law firms. In the City of Temecula, ethics training is mandated for the City Council, boards and commissions and executive staff. The City Clerk's office oversees the completion of said training and maintains relevant records pursuant to law. AB 1661 Sexual Harassment Prevention Training and Education Government Code Sections 53237-53237.5 requires local agency officials, including Council Members, to receive two hours of sexual harassment prevention training and education within the first six months of taking office and every two years thereafter if the agency provides any type of compensation, salary, or stipend to those officials. Training opportunities are available online and in-person through a variety of sources including the Attorney General, Fair Political Practices Commission, League of California Cities, Institute for Local Government and other agencies and municipal law firms. In the City of Temecula, ethics training is mandated for the City Council, boards and commissions and executive staff. The City Clerk's office oversees the completion of said training and maintains relevant records pursuant to law. CITY OF TEMECULA CITY COUNCIL POLICY The Heart of Southern California Wine Country Title: Conflict of Interest Laws Policy No. TBD Approved: October 24, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to provide general guidance and raise awareness of potential conflicts of interest that may arise periodically in the course of public service by Council Members. Council Members are encouraged to seek legal advice from the City Attorney for specific issues that may arise. POLICY: The policy of the City Council with respect to the matter listed in the above-referenced title is as follows: Conflict of Interest Laws The Political Reform Act, set forth in Government Code Sections 81000 to 91014, regulates conflicts of interest through (1)disclosure and (2) prohibition of participation in the decision-making process.The Act requires Council Members to annually disclose all financial interests that may be affected by decisions made in their official capacity. This includes investments, real property, and income. Council Members must also disqualify themselves from making and/or participating in making any governmental decision that will have a foreseeable material financial affect on any financial interest of the Council Member or certain family members. When Council Members must disqualify themselves due to a financial interest, they are prohibited not only from "making" a decision but also from "participating" in the decision. Generally, an official makes a decision when the Council Member votes on a matter, appoints a person, obligates or commits the City to any course of action, or enters into any contract on behalf of the City.An official participates in making a decision when the official negotiates on behalf of the City, or advises or makes recommendations to the decision maker, either directly or without significant intervening substantive review. The City Attorney prepares an annual Summary of the Conflict of Interest Laws Manual that is attached as Appendix 3 in the City Council Protocol Manual. Conflict of Interest Code. The Political Reform Act requires state and local government agencies to review and adopt conflict of interest codes biannually. The City of Temecula adopts its Conflict of Interest Code in even-numbered years. The City's Conflict of Interest Code adopts the State Political Reform Act and designates certain City officials other than the Council who are subject the conflict of interest laws. The Code is attached as Exhibit A. Statements of Economic Interest A financial disclosure form (Statement of Economic Interest- Form 700) must be filed with the City Clerk no later than April 1 of each year for financial interests pertaining to the preceding calendar year. The April 1 deadline may be adjusted by the Fair Political Practices Commission (FPPC) for holidays and/or weekends. Council Members must also file a statement within 30 days of assuming office or leaving office. Filers shall file said statement electronically through NetFile, the City's certified electronic filing system. Advice Regarding Conflicts of Interest A Council Member who is uncertain as to whether they have a conflict of interest is encouraged to seek clarification from the City Attorney prior to the Council Meeting at which the matter will be discussed. The City Attorney or the official may also request a formal opinion from the FPPC. Attachments Exhibit A- Conflict of Interest Code