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039 of 2019 - City Council Policy Manual Update - C.6; C.12 R 19-1 T 19-5 RESOLUTION No. 39 of 2019 (Updating section C.6 of City Council policy manual relating to Council Role in Open Government: Meeting agenda development: paperwork and scheduling and Council Meeting Outline, eliminating section C.12 relating to work session agendas and paperwork) WHEREAS, the Salt Lake City Council maintains a Policy Manual that includes agreed upon expectations and standards of practice; and WHEREAS, the Policy Manual serves as a resource for Council Members, Council staff, and Administration staff on daily practices and routine procedures, including agenda paperwork and scheduling, recurring internal procedures related to processing norms for community events, and travel for conferences; and WHEREAS, providing the Policy Manual to the public furthers the values of transparency and open government, and can assist the public in understanding the Council's practices. NOW THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, that changes to the Policy Manual will be approved by resolution and the updated sections will guide Council procedures and will be shared as a resource; and BE IT FURTHER RESOLVED that Section C.6 (relating to open government practices, meeting agenda development: paperwork and scheduling and the Council Meeting outline) of the Policy Manual is hereby updated in substantially the form attached to this resolution, and that Section C.12 (relating to work session agendas and paperwork) is hereby removed from the Policy Manual. Passed by the City Council of Salt Lake City, Utah, on December 3 , 2019. gyp XF Cr Salt Lake City Council A T: n �v City Recorder Salt Lake City Attorney's Office Approved as to Form By: Boyd Fergus din, Senior C64 Attorney Date: C.6 COUNCIL ROLE IN OPEN GOVERNMENT MEETING AGENDA DEVELOPMENT: PAPERWORK and SCHEDULING AND COUNCIL MEETING OUTLINE(12/19) a. Council Process for Open Government and Transparency. The Council shall set policy,adopt ordinances including an annual budget,provide oversight of the City Administration, maintain a clear and accurate public record of Council process and decisions, and encourage public engagement. Engaging the public in tile.,c proccsscti creaicti a citi namic, coilahoraliti e W211U cratic pi-ocess and further upholds the Open Government and Transparency efforts of S6+alt Lake City Government offices. For the public to proactively participate in City issues,transparency efforts are intentional and necessary to be at the forefront and throughout all processes.The public must be able to find and easily access complete proposals,understand budget and program recommendations, and be given an opportunity to engage in the process early and often. b. Council Meeting Agenda Development: Council Meeting agendas are developed from a variety of sources,including but not limited to Council interest,individual Council Member interest, Council office work with outside resources and administrative transmittals.Any requirement listed in City code section 2.06.035 may be waived by the Council chair or a majority of the council when either determines the�,\�aivcr would be in the best interest of the City. This policy is concurrent in practices outlined in Cite Code 2.06.035- 1. Individual Council Members may ask to have an item placed on a Council meeting agenda. Council Members may request time on the agenda in writing to the executive director to ensure all necessary information is available for scheduling in accordance with the Utah Open Meetings Act and to facilitate discussion. 2. During the agenda development process, Council staff shall endeavor to: A. Confirm that proper notice has been sent to affected parties, including the petitioner, and knoNvii members of the public who may be interested in the topic. B. On major issues,public outreach may include identifying an appropriate scope for the item and coordinating with the Council Communication team. Outreach may include open houses, community council meeting attendance, social media communication, emails,and other communication resources further upholding the Open Government Standard practices. C. Attempt to gain an understanding of concerns raised by affected parties. D. Identify long term impacts on City finances and policy opportunities E. Rexzew for cost savings and collaboration with other governmental entities F. Identify potential precedent setting and equity for potential similar situations G. Ensure the currently proposed Legislative document(ordinance or resolution) has been approved as to form by the City-Attorney's office; H. Ensure supporting documentation is clear and consistent, and provides all known facts, including proper review by other relevant City departments. I. Conduct research necessary to prepare a factual, accurate staff report for the Council Members. 1 J. Prepare staff reports in a standard format. This format will be reviewed periodically and approved by the City Council. K. Ensure that the city attorney and finance department have a working knowledge of the issue and that legal and financial issues are clearly disclosed. c. Administration Transmittals: 1. The City Administration shall forward transmittals to the Council as they are completed. "i'i is �_ouncil and staff have deadlines and processes to most efficiently use the time between receiving recommendations and publishing agenda material.The transmittals shall be forwarded no later than noon two weeks before the Council meeting for which the item is suggested to be scheduled. This allowance of time enhances the opportunity for scheduling consideration and will allow time for community engagement,focused analysis, and opportunities for inclusive discussion.There is no guarantee that a transmittal will be scheduled at the suggested or desired time. 2. City Administration transmittals must articulate the mayor's formal recommendation to the Council.Transmittals may also include potential options for the Council's consideration. In cases when the City Administration is forwarding a recommendation of another person or entity(such as the planning commission,a state agency,or an outside consultant commissioned by the City) and the mayor wishes to provide a different recommendation,the mayor may articulate the City Administration's position in a letter included in the transmittal. 3. The City Administration shall submit paperwork for Council consideration and agenda placement in a single transmittal format from the mayor's office.Any exceptions to the noon,two-week timeline must be prearranged in writing with the Council executive director who shall seek the consent of the Council chair for any unusual or controversial situations. 4. All items submitted for Council consideration on any Council meeting agenda must include complete and relevant information.The transmittal must contain a level of detail sufficient to provide the public and the Council with adequate information to understand the issue,the requested actions,policy and budget impact, and long-term consequences of non-action or action. 5. A transmittal to the Council office is the mayor's formal and official recommendation to the Council.The Council considers the signatures included in the transmittal cover sheet as a confirmation that the signatory has vetted the material before forwarding the content to the Council. 6. Concurrently with the transmittal process,the City Administration shall submit paper copies noted"approved as to form"for any proposed ordinances or resolutions to the city recorder's office as part of the formal public record. 7. Transmittals must include the following: A. The date the transmittal was sent to the Council; B. The signature of a member of the mayor's office staff; C. The signature of the relevant department director or designee; D. The subject of the transmittal; 2 E. The name of the City Administration's contact person with whom Council staff may correspond; F. The type of document being transmitted; G. The mayor's recommendation about the document being transmitted; H. If applicable,the planning commission's recommendation about the document being transmitted; I. The budget impact; J. Background and discussion information, including timeline considerations; (see description in subsection c.4) K. Any exhibits to the transmittal,including documentation describing the public notice and engagement process undertaken by the City Administration,including any objections received from persons affected by the proposal or the general public. 8. Upon receipt of the transmittal, Council staff shall promptly share the information with Council members and place it in a queue for staff to schedule for analysis.The public and Council Members have access to the official communication from the Administration once it is received in the Council office. Council Members can reference the material for answers to basic questions from constitnents and develol) their own questions. 9. Council staff shall review transmittal paperwork and may ask clarifying questions to the City Administration in advance of the scheduling process. Council staff shall review-transmittal paperwork in context with Council priorities, related Council policy positions, Council's fiduciary oversight role and appropriate delineation of pertinent facts, in addition to potential public engagement opportunities. Council staff are assigned to review and prepare possible alternatjve4 and a reeommendation for Council action. 1o. If Council staff identifies incomplete, inconsistent, or inaccurate information in the transmittal, it shall communicate any revisions or corrections to the City Administration and its review until the City Administration provides accurate or updated information, even if the suspension would delay the schedule and the public process. 11. If the City Administration makes any official changes to the transmittal material, the transmittal shall be amended or updated by the mayor's office through the Council agenda software, iNith an email alert to Council staff of the updated material. The integrity of the,kdmiriislratfon's lransnifllal is preser<-ed if only the II;,,., Office can amend the documents. 12. If the transmittal involves a matter that has a deadline for action,the City Administration shall provide to the Council office documentation and complete information about the nature and reason for the deadline. 13. Council staff shall wait for complete and correct information to be verified if Council staff finds that initially provided information is inaccurate. Council staff is also accountable to ensure a complete, public record is available for each item transmitted for action.As time allows and to verifi7 accuracy of Council staffs understanding, Council staff may elect to share draft reports with the Administration before finalizing the report for Council agenda packets. 14. The City Administration shall endeavor to provide clear,concise, complete,and accurate information in transmittals.The level of detail included in the 3 tl'1I11tiI1littllls 1)1t1ut pl1ovlde the 1)llhhe Llll(_I tlll' Cot llll'II 1\1t11 �IdCC1tI;1tC' 111 I It1011 to 1111(io st�llid Hie lsslle, the rc(Itic'sted 'lctlolls, poll('v ltild IItI(11get 11111)l10, mlld Iml -tcrlll coll,Scqueliccs of troll-mctloll or achon. d. Agenda Scheduling —Administrative Items: 1. For items the City Administration suggests scheduling for a particular Council meeting, the City Administration shall: A. Make advance arrangements in writing Nvith Council staff B. Ensure the paperwork is reN iewed in detail by the relevant department director, deputy director(s), and the mayor's office in advance; C. Respond promptly and thoroughly in writing to a Council member's or Council staff member's questions or requests for clarification; and D. Ensure the city attorney and finance department have a Nvorking knowledge of the issue, have been consulted and their feedback is reflected in the transmittal. Any legal and financial issues shall be clearly disclosed and addressed in the transmittal. If the issues raised by either department are not address in the complete transmittal, the omission shall also be disclosed. e. Informal Updates: The City Administration may provide to the Council informal informational updates, particularly on large or significant items. Those updates may be completed as often as needed in a letter, memorandum, or email format. The Council may elect to schedule a briefing on any of the provided informal updates. Nevertheless, informal updates are not a substitute for a complete, fully-vetted transmittal. f. Closed Meeting Material: Information provided for closed Council meetings must be provided to the Council by the mayor's office after being vetted by the city attorney. Closed meeting material shall be provided no later than noon on the Thursday immediately before the scheduled closed meeting. The City Administration may seek feedback from Council members in closed meetings. Y\ccess to full and corill)lete inforulmtioll vv ill aid the Council in their mhility to pro',icle fec(il)aelc. Collkdentialit\ is ln'otectcd tinder Utall lair mnd Inily not he uscd as a rcas()n not to provide written materials. l( enda authoritV 01 Council Chair: 1'1e Council chair shall determine the Council meeting loclidas. Council staff Inmy pro's id(, a draft Council mectitlg agenda tor the chairs cmisideration. "The Cotilicil's eaccuti�c director vy ill discuss cllntrcn crsial or politically scnsitive items with the Council (hair before telltati ely listing thelll oil t1w Council agenda. _After the Council meeting agenda is fitlalized, a copy is sent to the city recorder for noticing. 1. 'HIC COtlticll has estal;lishcd excel)tiolls to the Chairs indi�ideal atithorit\ vv itli the agenda. A. Agenda itcnls mre gencralh slot dclavcd due to the ahscuce of a Council N1cnll cl; h(mev er, the Chair mud full Council truly consider an tsccption upoll I.Cquest. i. I,11110 111olls on the Chairs authority lv-,Irditlg agenda scheduling: (a) If a majority- of the Council menlhers hays agreed followiui, discussion III 11 l\"Orly Session or I01.111a1 IlleetlIlg to a scllcdule for handling a 1'lartic'ular i.5sue, its decision is 4 binding.Any change shall be considered by the Council in a work session or formal meeting. (b) The Chair may expedite issues other than issues that have not: (i)been through the full Council or City Administration process; or(ii)been provided to Council staff by noon at least 14 days before the Council meeting to ensure that a factual, informative Council staff report can be prepared. If items(i) and (ii) cannot be accomplished, the Council chair may direct Council staff to list an urgent item on a tentative basis,along with a motion to suspend the normal rules and consider the item without the usual City Administration process and/or Council staff review. h. Council Meeting Outline: Council meetings may involve separate agendas for the work session and the formal meeting. 1. The Work Session meeting affords Council Members an opportunity to ensure a uniform receipt of information and to discuss items as a group,providing a more effective use of the Council Members'time. The work session meeting agenda may include: A. Updating or briefing Council members on agenda requests and City Administration transmittals before the Council for consideration; B. Providing opportunities for Council members to discuss public policy and budget initiatives and policies; C. The Council's executive director updating Council members about announcement items, agenda items, and other items of mutual interest and concern; D. City Administration updates to the Council, for example,legislative briefings during the annual state legislative session; E. Council members interviews of audit firms, potential appointed City employees, and potential appointees to City boards and commissions; and F. Receiving information about issues not directly related to City government,but that have a fiscal or policy link to the City. Groups invited may include the Housing authority, Downtown Alliance, Health Department, County Officials, etc. Outside organizations may not use work sessions to lobby for City funds. 2. Council staff shall send the agenda to the mayor's office at least 48 hours in advance of the meeting to enable the mayor's office to notify and confirm City Administration attendance and presentation at the scheduled meeting.The mayor's office shall provide to Council members a list of City Administration staff authorized to present on each topic as part of the transmittal at least 24 hours before the scheduled Council meeting. The Formal meeting gives the Council an opportunity to take action on proposals, to enhance community,awareness, and to provide participation opportunities within the City democratic process while supporting Open Government efforts. 3. The Formal meeting agenda may include: A. Opening Ceremony: L Pledge of Allegiance ii. Approval of minutes iii. Resolutions 5 iv. Special recognitions B. Scheduled Public Hearings: Public hearings about matters for which the Council would like to receive public input, including hearings requiring legal advertisement under state law.Typically, the Council delays action until a later meeting; C. Potential Action Items:To emphasize the importance of public hearings, decisions on issues involving public hearings are commonly made one week after the public hearing under the"Potential Action" section of the agenda. Delaying a decision by one week provides additional opportunity for the public to submit written comment and allows the Council more time to consider all comments before taking action. D. Comments: i. Questions to the Mayor ii. Public comments to the Council. Persons who desire to address the City Council concerning an issue not scheduled for public hearing, must fill out a comment card, complete the steps for public comment(two-minute comment period) and follow the Council's standards of conduct. E. New Business: Includes matters that appear for the first time on a Council agenda even if a briefing takes places on the same date. New business items not designated as urgent or requiring immediate action, may be referred by motion or without objection to a future council agenda for further action. If the Council chooses to act on a matter of new business, it may suspend its rules and take action. Council Member's may request deferral of an item in the New Business section. F. Unfinished Business: Matters that have received an introduction or briefing in a work session or formal meeting on the same date or on a previous date.All items under unfinished business are subject to further discussion. G. Consent: Consent agenda matters are scheduled for action at the soonest possible date and typically do not require reports by the Council office staff because those matters are generally ongoing in nature or related to housekeeping items. Generally, the Administration's completed, accurate paper,\-ork can provide sufficient detail and information. Routine Consent agenda items include appointments and reappointments to City boards and commissions; confirming dates for public hearings; authorizing the signature of interlocal agreements; amending special assessment areas; and authorizing telecommunication agreements. i. Mayor Attendance at Council Meetings Utah Code section 10-3b-202(i)(d)(vii) states that the Mayor may"attend each Council meeting, take part in Council meeting discussions, and freely give advice to the Council."A member of the Mayor's senior staff may attend a Council meeting in place of the Mayor. If the senior staff member provides comments or advice,they must clearly state whether they are exercising authority on behalf of the Mayor and whether they have been authorized to speak for the Mayor.The Mayor or official designee will be recognized by the presiding officer of the meeting in the same manner that Council members are recognized for discussion. j. Council Agenda Addenda Matters Addenda will be added to the Council agenda for unforeseen, emergency matters, or to 6 correct clerical errors. Such matters must be approved by the Council chair in consultation with the Council's executive director, and may satisfy one or more of the folloNving criteria: a. The matter requires action that, if postponed to the next regularly scheduled Council meeting, would adversely affect: A. the safety and welfare of the residents of Salt Lake City; B. the finances of the City, an organization, a private person or a governmental entity; C. the relationship between the City and Salt Lake County, the State of Utah, or the federal government. b. The above criteria noWithstan ding, the Council may consider only those matters that meet the general criteria of being complete and in proper form. 7