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Home My WebLink AboutAGENDA REPORT 2018 1205 CCSA REG ITEM 09ECITY OF MOORPARK, CALIFORNIA City Council Meeting of December 5, 2018 ACTION Approved staff recommendation BY M. Benson E. Consider Scheduling Mandatory Ethics Training and Sexual Harassment Prevention Training for City of Moorpark Local Agency Officials and Management Staff. Staff Recommendation: Direct staff to schedule the Ethics Training for Wednesday, February 20, 2019 from 6:30-8:45 p.m. and schedule Harassment Prevention Training for Wednesday, February 27, 2019 with the option to attend either an afternoon session from 2:00- 4:30 p.m. or an evening session from 6:00-8:30 p.m. Item: 9.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Maureen Benson, City Clerk DATE: 12/05/2018 Regular Meeting SUBJECT: Consider Scheduling Mandatory Ethics Training and Harassment Prevention Training for City of Moorpark Local Agency Officials and Management Staff BACKGROUND AND DISCUSSION Staff is requesting the City Council approve the scheduling of Ethics Training in 2019, pursuant to Government Code Sections 53234 – 53235.2, and as defined in Policy 2.4 of the City Council Policies Resolution: Policy 2.4: Ethics Training “All City Councilmembers, Planning Commissioners, Parks and Recreation Commissioners, Arts Commissioners, Library Board Members, and any other member of the legislative body (as defined by Government Code Section 54952) that receives any type of compensation, salary, or stipend or reimbursement of expenses, shall attend Ethics training within twelve (12) months of assuming office and receive no less than two (2) hours of said training within two (2) years of assuming office and every two (2) years thereafter, as required by Government Code Section 53235 et seq. All City management staff shall be required to either attend Ethics training scheduled by the City Clerk, or complete authorized internet training, and obtain a certification of completion once every odd numbered calendar year. In addition to City management staff, the City Manager may designate other City employees and/or contract staff that will also be required to attend Ethics training. In January of every year, the City Clerk shall provide the City Council, Planning Commission, Parks and Recreation Commission, Arts Commission, and Library Board with information on training available to meet the requirements of this policy and applicable state law. Within the first three months of each odd numbered year, the City Clerk shall schedule group Ethics training and will invite the members of the City Council, all Commissioners, all Board Members, all City Management staff, and all other City Manager designated employees and contract staff to attend. Any member of the City Council, Commissioner, Board Member, management employee, designated employee, or designated contract staff unable to attend the scheduled group Ethics training shall be required to complete other Ethics training that complies with requirements of Government Code Section 53235 et seq. The City Clerk shall maintain a record of completion on the required Ethics training, for each person, consistent with applicable state law.” Item: 9.E. 200 Honorable City Council 12/05/2018 Regular Meeting Page 2 Staff is also requesting the City Council approve the scheduling of Harassment Prevention Training as required by Government Code Section 53237.1 and City Council Policy No. 2.6: Policy 2.6: Sexual Harassment Prevention Training for Local Agency Officials “1) Consistent with Government Code Section 53237.1, if a local agency provides any type of compensation, salary, or stipend to a local agency official of that agency, then all local agency officials of that agency shall receive sexual harassment prevention training and education pursuant to the requirements of Section 53237 et seq. For the City of Moorpark, this sexual harassment prevention training requirement applies to the City Council, Planning Commission, Parks and Recreation Commission, Arts Commission, Library Board, and any local agency official receiving any type of compensation, salary, or stipend from the City of Moorpark. 2) Each local agency official shall receive at least two (2) hours of sexual harassment prevention training and education within the first six months of taking office or from the date of appointment, as applicable, and every two (2) years thereafter. Training may be scheduled more frequently than required by Government Code Section 53237 et seq., as may be approved by the City Council to facilitate group training arrangements. The training curricula shall satisfy the requirements of Government Code Section 53237.1.” Two years ago, staff scheduled both Ethics and Harassment Prevention Training on the same evening totaling almost six hours including breaks. Staff recognizes that it was difficult to sit through that many hours of training in one evening; therefore, two separate training dates are proposed to achieve our 2019 required training. As discussed in a separate agenda report for the December 5 regular meeting, the regular February 20, 2019 City Council meeting is recommended to be cancelled. The required Ethics training is proposed to be conducted at the February 20, 2019 regular meeting time period by the City Attorney’s Office from 6:30-8:45 p.m. (which includes a break period). The required minimum training time is two hours. The Fiscal Year 2018/2019 budget includes funding for the Ethics Training that will be provided by the City Attorney’s office. The City currently is a member of the California Joint Powers Insurance Authority (CJPIA), which offers free training to members, including Harassment Prevention Training for Public Officials and Supervisors. The CJPIA’s Harassment Prevention trainer is available to provide the required training at no cost to the City of Moorpark on Wednesday, February 27, 2019, for both an afternoon session from 2:00-4:30 p.m. and an evening session from 6:00-8:30 p.m. City Management staff and City public officials will have the option to attend either of the scheduled trainings. The afternoon training will also be opened for enrollment for other CJPIA member agencies to the extent that seating is available after the City of Moorpark has confirmed its enrollments. 201 Honorable City Council 12/05/2018 Regular Meeting Page 3 The Harassment Prevention Training for the Mayor and two Councilmembers who will begin their new term on December 5, 2018, and for the new appointees to the Arts, Planning, and Parks and Recreation Commissions must be accomplished within the first six months of taking office or appointment and every two years thereafter. Appointments to the Arts, Planning, and Parks and Recreation Commissions are expected to be completed no later than February 6, 2019. Scheduling the group Ethics Training on February 20 and Harassment Prevention Training on February 27, 2019, will achieve compliance for the newly elected and appointed local agency officials receiving compensation. Although the Library Board members have different terms of appointment, they will also be asked to attend any scheduled onsite training to bring all or a majority of the local agency officials who receive compensation into the same compliance time period for tracking purposes. If the Council approves the group training as proposed, all City Council members, Commissioners/Board Members, and City Management staff will be notified in writing and requested to attend. Because the Harassment Prevention Training options may be very limited (versus the Ethics training, for which a certified online training is available), appointed Commissioners/Board members will be notified that the February 27 training is mandatory. FISCAL IMPACT As summarized in the agenda report, the Harassment Prevention training is provided free of charge by the CJPIA. The Ethics Training was fully budgeted for Fiscal Year 2018/2019. STAFF RECOMMENDATION Direct staff to schedule one Ethics Training on Wednesday, February 20, 2019, from 6:30- 8:45 p.m., and to schedule two Harassment Prevention Trainings on Wednesday, February 27, 2019, with the first training from 2:00-4:30 p.m. and an evening session from 6:00-8:30 p.m. 202