REPORT TO GOVERNANCE AND ETHICS COMMITTEE
SUBJECT
Title
Review and Provide Direction to Staff on an Updated Process for Mayor and Council calling a Special Meeting
Report
BACKGROUND
At the Governance and Ethics Committee meeting on March 13, 2023, as part of the 2023 Workplan discussion, the Committee expressed interest to review the process for calling a Special Meeting by the Mayor and City Council.
DISCUSSION
Section 708 of the Charter of the City of Santa Clara (“City Charter”) provides that “special meetings may be called at any time by the Mayor or by four members of the City Council in accordance with the Ralph M. Brown Act, specifically Government Code Section 54956.”
Government Code Section 54956 outlines the process for making sure the public has adequate notice of a special meeting called by the Mayor or the City Council. It does not, however, dictate a process for how cities administer the request for and scheduling of a special meeting. This is left to the cities themselves.
The City of Santa Clara currently uses a Request to Call and Notice a Special Meeting form, which is submitted to the City Manager and Assistant City Clerk to request a Special Meeting (Attachment 1). While not legally required, the form was created to assist in the administration of scheduling special meetings when proposed by four members of the City Council.
After reviewing the current form and process, the City Manager and City Attorney expressed some potential improvements in the process including upfront consultations with executive staff to determine the necessity and best timing for any proposed special meeting. In addition, although discussing only the scheduling of a special meeting is not out of compliance with the Brown Act, having four councilmember signatures on a form may be perceived as four councilmembers consulting on the special meeting topic in the preparation of the request. This may present potential Brown Act compliance issues. To address these and other coordination issues, staff is proposing revisions to the current process for requesting a special meeting, including an updated form.
Proposed Process for Calling a Special Meeting
The proposed process provides for better Council-Executive staff coordination and scheduling, with the updated form (Attachment 2) including provisions for prior consultations with the City Manager/City Attorney. This process is meant to streamline and not create additional barriers to set a special meeting.
City Councilmember
1. Prior to requesting a special meeting, the Councilmember proposing such meeting will first consult with the City Manager and City Attorney to review the proposed subject and timing of the meeting.
2. If the Councilmember desires to proceed with their request, they will complete and submits the special meeting request form to City Manager and City Attorney. (See updated form, Attachment 2)
3. City Manager, or his designee, will poll the rest of the City Council to determine if there is interest and availability for the proposed special meeting.
4. If three or more additional councilmembers indicate their approval to schedule the meeting, the City Manager will direct staff to schedule and publicly notice the special meeting in accordance with Government Code Section 54956.
Mayor
1. Prior to requesting a special meeting, the Mayor will first consult the City Manager and City Attorney to review the proposed subject and timing of the meeting.
2. If the Mayor desires to proceed with their request, they will complete and submit the special meeting request form to City Manager and/or City Attorney.
3. City Manager will direct staff to schedule and publicly notice the special meeting.
The proposed updated form includes admonitions for Councilmembers not to discuss the subject matter of any proposed special meeting among themselves in violation of the Brown Act.
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 Attorney and City Manager’s Offices.
PUBLIC CONTACT
Public contact was made by posting the 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
Provide staff direction on the proposed process and updated form for calling a special meeting.
Staff
Reviewed by: Elizabeth Klotz, Assistant City Attorney
Approved by: Glen Googins, City Attorney
ATTACHMENTS
1. Request to Call and Notice a Special Meeting Form (Existing)
2. Request to Call and Notice a Special Meeting Form (Proposed)