REPORT TO COUNCIL
SUBJECT
Title
Action on the Amendments to Council Policy 007 (“Constituent Requests Addressed to City Council”) as Recommended by the Governance and Ethics Committee
Report
BACKGROUND
At the December 4, 2023 Governance and Ethics Committee meeting, staff brought forth proposed amendments for Policy and Procedure 007 (“Citizen Complaints Addressed to Council”). As background, Policy and Procedure 007 (“Citizen Complaints Addressed to the City Council”) (Attachment 1) was last revised in April 1992 and provided a procedure on handling citizen complaints addressed to the City Council.
The Committee reviewed and discussed proposed amendments presented by staff to update the policy to Council Policy 007 (“Constituent Complaints Addressed to City Council”). Additionally, the City Manager referenced a copy of a memorandum from the City Manager on City Council Inquiries and Requests to Staff which was provided to the City Council offering guidance on the process to submit requests and constituent inquiries to City staff (Attachment 2). As noted in the document, the memorandum will be periodically reissued when staff members or assignments change.
During the discussion, the Committee members provided feedback which included the request for a follow-up summary on outcomes for constituent inquiries and encouraged constituents to utilize the City’s customer service request platform MySantaClara
The Governance and Ethics Committee approved the proposed amended policy to Council Policy 007 (“Constituent Complaints Addressed to City Council”) (Attachment 3).
DISCUSSION
In the effort to align the policy with the City Charter that provides for the City Manager to guide and direct staff, revisions to the Policy provide general guidance on the process for addressing: (1) Constituent Requests for Service, (2) Constituent Operational and Policy Interpretation Questions, and (3) Constituent Legal Inquiries.
To streamline communication protocols in place, Council Policy 007 provides a general framework on the handling of constituent requests. The primary goal of this policy is to provide exceptional service to constituents and provide support to the City Council on issues that may arise in Councilmembers’ interactions with the public.
The Governance and Ethics Committee approved the following amendments to Council Policy 007 which included:
a) The Mayor and Council may receive requests or complaints from constituents directly by phone, in person, by email, or in writing.
b) This policy is also intended to cover requests and inquiries from City labor unions and entities (for profit and nonprofit) that conduct or seek to conduct business with the City and entities that receive/seek support from the City in the form of grants or other contributions. Under this policy, requests and inquiries from these entities shall be considered constituent matters.
c) Constituent Requests for Service:
a. Councilmembers should strive to refer constituents to the City’s official service request system, where they can submit their City service requests directly.
b. Councilmembers may also refer constituent inquiries and requests to the City Manager or other staff as designated by the City Manager.
d) Constituent Operational and Policy Interpretation Questions:
a. Councilmembers shall refer operational and policy interpretation questions on specific matters to the City Manager or the appropriate staff member as designated by the City Manager.
b. Councilmembers shall refrain from interpreting City policy and suggesting solutions to operational matters to constituents or City staff (with the exception of the City Manager, City Attorney, or other City elected officials).
c. Councilmembers should not attempt to serve as a proxy for policy or operational matters raised by a constituent. This includes requesting generic information from City staff and/or conducting research independent of City staff and attempting to answer or resolve operational or policy matters raised by constituents.
e) Constituent Legal Inquiries
a. Councilmembers shall refer legal matters received from constituents to the City Attorney, or the appropriate staff member as designated by the City Attorney.
b. Councilmembers should refrain from interpreting legal matters.
As recommended by the Governance and Ethics Committee, staff has brought forth the amended Council Policy 007 (Attachment 3) and Resolution (Attachment 4) to the full City Council for their consideration and approval.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact other than administrative staff time.
COORDINATION
This report was coordinated by the City Manager’s and Mayor and Council offices.
PUBLIC CONTACT
Public contact was made by posting the City Council 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
Adopt a resolution amending Council Policy 007 (“Constituent Complaints Addressed to Council”) in the form presented.
Staff
Reviewed by: Maria Le, Assistant to the City Manager, City Manager’s Office
Approved by: Jovan D. Grogan, City Manager, City Manager’s Office
ATTACHMENTS
1. Policy and Procedure 007 (“Citizen Complaints Addressed to the City Council”)
2. Memorandum from City Manager - City Council Inquiries and Requests to Staff
3. Council Policy 007 (Proposed)
4. Resolution