REPORT TO GOVERNANCE AND ETHICS COMMITTEE
SUBJECT
Title
Review and Discussion of Mayoral Certificates of Recognition and Possible Recommendations to bring forth to the City Council for Consideration
Report
BACKGROUND
As background, Council Policy 020 (“Proclamations, Commendations and Certificates of Recognition”) provides guidelines to identify the authority, criteria, and procedure for the recognition of individuals, groups, organizations, businesses, special periods of observance, or special occasions through the issuance of proclamations, commendations, or certificates of recognition.
At the March 4, 2024 Governance and Ethics Committee meeting, staff presented information and background on Council Policy 020 for review and discussion as requested by the Committee. At the June 3, 2024 Governance and Ethics Committee meeting, staff returned with proposed revisions to Council Policy 020 based on Committee input from the March meeting. After a discussion of the options presented, the Committee approved the staff’s recommendations for amendments for Council Policy 020 and directed staff to forward to the City Council for consideration. The Committee also directed staff to return to a future Committee meeting to continue discussions on amending “Mayoral Certificates of Recognition.” The request was to consider the addition of the District Councilmember’s signature, in addition to the Mayor’s signature, on Mayoral Certificates of Recognition.
Consequently, at the September 10, 2024 City Council meeting, the City Council approved amendments to Council Policy 020 (“Proclamations, Commendations and Certificates of Recognition”) (Attachment 1) which included the addition of District Certificates of Recognition and the addition of full City Council signatures on Proclamations and Commendations.
As directed by the Committee, this item will be brought forth at the October 4, 2024 Governance and Ethics Committee to further discuss Mayoral Certificates of Recognition.
DISCUSSION
The recently amended Council Policy 020 now allows individual City Councilmembers to request for issuance of District Certificates of Recognition to recognize members of the community. This allows the Councilmembers to recognize individuals or groups within their districts. The District Certificates of Recognition include the signatures of both the Mayor and the respective City Councilmember.
The Mayoral Certificates of Recognition provides a ceremonial item in which the Mayor may present to commend or recognize individual or group achievements at a Citywide level. Under Council Policy 020, Mayoral Certificates of Recognition bear only the signature of the Mayor.
Both by written policy (under the existing terms of the 020 P&P), and as a matter of pattern and practice, over the years Mayoral Certificates appear to have been issued by the Mayor without the approval or City Council, and without City Council signatures, in the Mayor’s discretion with input and support from staff. To require Mayoral Certificates to bear other Councilmember signatures would change this practice and raise questions regarding encroachment upon the Mayor’s authority under the City Charter.
The City Charter states the following:
Section 704 Presiding Officer - Mayor:
The Mayor shall be the presiding officer. The Mayor shall have a voice and vote in all its proceedings. He/she shall be the official head of the City for all ceremonial purposes. He/she shall perform such other duties as may be prescribed by this Charter or as may be imposed by the City Council consistent with his/her office.
Section 704.3 Mayor - Powers and duties.
(d) The Mayor shall exercise such other powers and perform such other duties as may be prescribed by the City Council, provided that the same are not inconsistent with this Charter…
Charters are like constitutions and are subject to interpretation. The standard for interpretation is to first look at the actual language of the provision being reviewed, and then to consider the meaning and intent of that language in the overall context of other relevant Charter provisions. To the extent the language being reviewed is ambiguous, one can look outside the Charter itself to see if the intent of the parties drafting and approving that language (at time of adoption), and the pattern in practice of the City since adoption in implementing that provision. Applying these standards, a reviewing court will give deference to the legislative body to interpret their own rules, including Charters. However, such interpretations are subject to challenge by interested parties, including voters.
In this case, based on the language of the Charter, and pattern and practice with respect to Mayoral Certificates, an argument could be made that requiring the Mayor to get Council approval of, or to place Council Member signatures on, Mayoral certificates encroaches upon the Mayor’s authority as the ceremonial head of the City. The matter is not clear, however, as the Charter does not speak directly to the issuance of Mayor Certificates, and also provides for the City Council to “impose” duties on the Mayor. Since the Council has already developed a parallel process for City Councilmember district certificates, this potential encroachment into the Mayor’s prerogative should be considered both as a matter of Mayoral deference and Charter authority.
The Governance and Ethics Committee is scheduled to discuss this item and provide further direction to staff.
ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.
FISCAL IMPACT
There is no fiscal impact to the City other than staff time.
COORDINATION
This report was coordinated with the City Manager’s Office and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Committee agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Discuss and provide direction regarding Mayoral Certificates of Recognition
Staff
Reviewed by: Maria Le, Assistant to the City Manager
Approved by: Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Council Policy 020 “Proclamations, Commendations and Certificates of Recognition”