HomeMy WebLinkAboutAGENDA REPORT 2014 1119 CCSA REG ITEM 09A ITEM 9.A.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCILS //-/9-, 0
AGENDA REPORT ACTION �, %
. .
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Deputy City Manager D T
DATE: November 13, 2014 (CC Regular Meeting of 11/19/14)
SUBJECT: Consider Ordinance Imposing Restrictions on City Employment of
Specified Current and Former City Officials and Amending Chapters
2.04, 2.08, 2.12, 2.16, 2.20, 2.32, 2.36, 2.38, and 2.70 of Title 2,
Administration and Personnel, of the Moorpark Municipal Code
BACKGROUND AND DISCUSSION
Government Code Section 87406.3 prohibits local elected officials and city managers
from becoming paid agents, attorneys, or otherwise representing for compensation third
parties before the local government agency for which they were formerly affiliated for a
period of one year after leaving that office or employment. Subsection 87406.3(c),
generally states that a local government agency is not precluded from adopting a more
restrictive ordinance or policy that restricts the appearance of a former local official
before that local government agency.
The City Council has previously taken action to adopt Municipal Code Section
2.04.070.B, restricting a member of the city council from membership on any city
commission, and Section 2.12.020, prohibiting a member of the city council from being
eligible for appointment as city manager until one year has elapsed after such
councilmember has ceased to be a member of the city council. The language in
Section 2.12.020 has been a continuing part of the model City Manager ordinance
promoted by the League of California Cities. The City Council has also adopted
qualifications language in the Municipal Code restricting Commissioners and Library
Board members from receiving any contractor compensation from the City or otherwise
having any interest in any City contract while a seated member. Additionally, the City
Council adopted Policy 2.18, prohibiting City employment of family members of a
current member of the city council or appointed commission or board.
The current ethics focused City Municipal Code and City Council policy restrictions, as
summarized above, demonstrate the Council's long standing practice of transparency,
anti-nepotism and avoidance of appearance of favoritism or conflicts of interest or
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City Council Regular Meeting of 11 /19/14
Page 2
undue influence. To further the avoidance of a conflict of interest or appearance of
undue influence, staff is recommending additional Municipal Code language for the City
Council, Commissions (Parks and Recreation, Planning, and Arts), and the Library
Board. The attached draft ordinance includes proposed new Municipal Code sections
to add employment and compensation restrictions for the City Council, the
Commissions, and the Library Board. The suggested employment and compensation
restrictions language does not restrict election to the City Council and does not restrict a
former member of the City Council or a former Commissioner or Library Board member
from being appointed on an interim basis as a councilmember. The suggested
language does not restrict volunteer work.
In addition to the employment and compensation restrictions previously discussed, the
attached draft ordinance includes various other edits to Title 2, Administration and
Personnel, for the purpose of updating, correcting, and improving language consistency,
as summarized below:
• New Sections 2.04.075, 2.32.120, 2.36.120, 2.38.120, and 2. 70.110 are
proposed to add employment and compensation restrictions for City Council,
Parks and Recreation Commission, Planning Commission, Arts Commission, and
Library Board.
• New Section 2.04.045 is proposed to be added to Chapter 2.04, City Council, to
add reference to the terms of office for elected Mayor and Councilmember.
Measure D was adopted by the voters in November 1988 and established the
two-year term for the elected Mayor; however, Measure D was not previously
incorporated into the City's Municipal Code.
• Chapter 2.08, Municipal Elections, is proposed to be replaced in entirety with
new revised language, because the language in the current chapter is out of
date, including incorrect references to State Elections Code and Government
Code.
• Section 2.12.020, Eligibility, of Chapter 2.12, City Manager, is proposed to be
deleted, because it is replaced by new Section 2.03.075, Employment and
compensation restrictions, of Chapter 2.04, City Council. Additionally, language
in Section 2.12.110, Agreements with council, of Chapter 2.12, City Manager, is
proposed to be amended to require four affirmative votes of the City Council to
approve a new or amended employment agreement for the City Manager within
sixty (60) days prior to and following a regular or special election for which a
member of the City Council is to be elected.
• Editorial corrections are included for Sections 2.16.010 and 2.20.030 to correct
out-of-date Government Code references, and to Chapter 2.38, Arts
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Commission, to achieve more consistency with municipal code language for
other established commissions.
The ordinance currently as written would go into effect 30 days after adoption, and there
is language included in Section 13 of the ordinance to have the employment and
compensation restrictions apply to any new appointee to the Parks and Recreation
Commission, Planning Commission, Arts Commission and Library Board after the
effective date of the ordinance. Since all Commissions will be reappointed on or after
the first meeting in January 2015, and the Library Board appointments typically occur in
June for a term beginning in July, all new appointments will follow the effective date of
the ordinance, and those persons accepting new appointments to the Commissions and
the Library Board will be aware of the restrictions before accepting appointment. The
employment and compensation restrictions language will not apply to a current
appointee, unless they are reappointed after the effective date of the ordinance. The
language as written will apply to a current member of the City Council upon the effective
date of the ordinance.
If the City Council wants the new employment and compensation restrictions to go into
effect for current Library Board members with staggered 3-year terms, additional
language would have to be added to the draft ordinance. Additionally, if the City
Council wanted to consider not having the employment and compensation restrictions
language in effect for the new Commission appointments tentatively scheduled to occur
on or after the first regular City Council meeting in January 2015, additional language
would have to be added to the draft ordinance.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Introduce Ordinance No. __ for first reading, waive full reading, and place this
ordinance on the agenda for the December 3, 2014 regular meeting, for the purposes of
providing second reading and adoption of the ordinance.
Attachment: Draft Ordinance
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
IMPOSING RESTRICTIONS ON CITY EMPLOYMENT OF SPECIFIED
CURRENT AND FORMER CITY OFFICIALS, AND AMENDING
CHAPTER 2.04, CITY COUNCIL; CHAPTER 2.08, MUNICIPAL
ELECTIONS; CHAPTER 2.12, CITY MANAGER; CHAPTER 2.16, CITY
CLERK; CHAPTER 2.20, CITY TREASURER; CHAPTER 2.32, PARKS
AND RECREATION COMMISSION; CHAPTER 2.36, PLANNING
COMMISSION; CHAPTER 2.38, MOORPARK ARTS COMMISSION; AND
CHAPTER 2. 70, MOORPARK CITY LIBRARY, OF TITLE 2,
ADMINISTRATION AND PERSONNEL, OF THE MOORPARK
MUNICIPAL CODE
WHEREAS, consistent with the intent of Government Code Section 87406.3,
which prohibits local elected officials and city managers from becoming paid agents,
attorneys, or otherwise representing for compensation third parties before the local
government agency for which they were formerly affiliated for a period of one year after
leaving that office or employment; and
WHEREAS, consistent with subsection 87406.3(c), which generally states that a
local government agency is not precluded from adopting a more restrictive ordinance or
policy that restricts the appearance of a former local official before that local
government agency, the City Council has determined to add employment and
compensation restrictions for City Council, Parks and Recreation Commission, Planning
Commission, Arts Commission, and Library Board, by adopting an ordinance adding
new Sections 2.04.075, 2.32.120, 2.36.120, 2.38.120, and 2. 70.11 O; and
WHEREAS, the City Council has determined that it is appropriate to amend
Chapter 2.04, City Council, to add reference to the terms of office for Mayor and
Councilmember pursuant to Measure D, adopted by the voters in November 1988, and
to amend Chapter 2.08, Municipal Elections, because the language in this chapter is out
of date, and the references to state Elections Code and Government Code sections are
incorrect; and
WHEREAS, the City Council has determined that it is appropriate to delete
Section 2.12.020, Eligibility, of Chapter 2.12, City Manager, because it is replaced by
new Section 2.03.075, Employment and compensation restrictions, of Chapter 2.04,
City Council, and to amend language in Section 2.12.110, Agreements with council, of
Chapter 2.12, City Manager, to require four affirmative votes of the City Council to
approve a new or amended employment agreement for the City Manager within sixty
(60) days prior to and following a regular or special election for which a member of the
City Council is to be elected; and
WHEREAS, editorial corrections are required to Sections 2.16.01 O and 2.20.030
to correct Government Code references, and to· Chapter 2.38, Arts Commission, to
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Ordinance No.
Page 2
achieve more consistency with municipal code language for other established
commissions; and
WHEREAS, at the regular meeting of November 19, 2014, the City Council
introduced for first reading an ordinance adding new Sections 2.04.045, 2.04.075,
2.32.120, 2.36.120, 2.38.120, and 2. 70.11 O; amending and replacing Chapter 2.08;
deleting Section 2.12.020; amending Sections 2.12.110, 2.16.010, 2.20.030 and
Chapter 2.38; and following second reading of the ordinance at the regular meeting of
December_, 2014, the Council reached its decision to adopt the ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. That Moorpark Municipal Code Section 2.04.045 is added to
Chapter 2.04, City Council, to read as follows:
"2.04.045 Term of office of elected mayor and councilmember.
Pursuant to Measure D, approved by the voters on November 8,
1988, the electors of the city shall elect a mayor and four councilmembers,
and the mayoral term of office shall be two years and the councilmember
term of office shall be four years."
SECTION 2. That Moorpark Municipal Code Section 2.04.075 is added to
Chapter 2.04, City Council, to read as follows:
"2.04.075 Employment and compensation restrictions.
No member of the council shall be eligible for employment by the
City or to perform contractual work for the City, during his or her term of
elected office as a member of the city council and for one year after
leaving that elected office, with the exception of the compensation
received for the elected office of mayor or as an elected or appointed
councilmember."
SECTION 3. That Moorpark Municipal Code Chapter 2.08, Municipal Elections,
is replaced in its entirety as follows:
"2.08.010 Procedure for holding elections.
All City municipal elections shall be held in accordance with the
election laws of the State of California, as the same now exists or
hereafter may be amended, for the holding of municipal elections."
SECTION 4. That Moorpark Municipal Code Section 2.12.020, Eligibility, of
Chapter 2.12, City Manager, is hereby deleted in its entirety, because it has been
replaced by new Section 2.04.075, Employment and compensation restrictions, of
Chapter 2.04, City Council.
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Ordinance No.
Page 3
SECTION 5. That Moorpark Municipal Code Section 2.12.110 of Chapter 2.12,
City Manager, is revised to read as follows:
"2.12.110 Agreements with city council.
Nothing in this chapter shall be construed as a limitation on the
power or authority of the city council to enter into any supplemental
agreement with the city manager delineating additional terms and
conditions of employment not inconsistent with any provisions of this
chapter.,., except that a new or revised employment agreement with the city
manager shall not be entered into within sixty (60) days prior to and sixty
(60) days after any regularly scheduled or special election for which a
member of the city council is to be elected, unless that agreement is
approved by no less than four affirmative votes of the city council."
SECTION 6. That Moorpark Municipal Code Section 2.16.010 of Chapter 2.16,
City Clerk, is revised to read as follows:
"2.16.010 Statutory authority.
The office of the city clerk is established pursuant to Section
3a6501 of the Government Code of the state."
SECTION 7. That Moorpark Municipal Code Section 2.20.030 of Chapter 2.20,
City Treasurer, is revised to read as follows:
"2.20.030 Powers and duties.
The city treasurer shall perform such duties as are prescribed by
Section 41 OOG1 through 41007 of the Government Code of the state and
by any other provisions of law applicable to deposit and investment and
safekeeping of public funds of the city."
SECTION 8. That Moorpark Municipal Code Section 2.32.120 is hereby added
to Chapter 2.32, Parks and Recreation Commission, to read as follows:
"2.32.120 Employment and compensation restrictions.
No member of the parks and recreation commission shall be
eligible for employment by the City or to perform contractual work for
compensation by the city during his or her appointment term and for a
period of one year after leaving that appointed office, with the exception of
the compensation received for the elected office of mayor or as an elected
or appointed councilmember, after leaving the commission."
SECTION 9. That Moorpark Municipal Code Section 2.36.120 is hereby added
to Chapter 2.36, Planning Commission, to read as follows:
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Ordinance No.
Page 4
"2.36.120 Employment and compensation restrictions.
No member of the planning commission shall be eligible for
employment by the City or to perform contractual work for compensation
by the city during his or her appointment term and for a period of one year
after leaving that appointed office, with the exception of the compensation
received for the elected office of mayor or as an elected or appointed
councilmember, after leaving the commission."
SECTION 10. That Moorpark Municipal Code Chapter 2.38, Moorpark Arts
Commission, is amended to revise the chapter title, revise sections 2.38.010, 2.38.070,
and 2.38.080, and add new Section 2.38.120 to read as follows (all Chapter 2.38
sections not shown as revised, below, are retained without alteration):
"MOORPARK ARTS COMMISSION"
"2.38.010 Created.
A.o. Moorpark arts comm1ss1on for the city is established with
membership and duties as provided in this chapter."
"2.38.070 Organization.
A. At the first (1st) regular meeting in January of each year, the
arts commission shall elect its chair from among the appointed members
for the term of one (1) year; and, subject to other provisions of law, may
create and fill such other offices as it may determine.
B. The commission shall hold regular quarterly meetings as
determined by the commission at its first (1st) regular meeting in January
of each year, such determination to include the dates, time and place of
such meetings.
C. The commission may hold such additional adjourned or
special meetings as may be called in accordance with the provisions of
the Government Code.
D. If any regular meeting falls on a holiday, it shall be held on
the next scheduled business day and all meetings otherwise scheduled or
noticed to be held on a regular meeting day falling on a holiday shall be
held at the meeting of the next business day without the necessity of any
other or further notice."
"2.38.080 Duties and responsibilities.
The duties and responsibilities of the arts commission are as
follows:
A. When requested from time to time by the city council, A9_ct in
an advisory capacity to the city council in all matters pertaining to the High
Street Arts Center's programming activities, administration and
development of the annual theatrical season, promotion of the arts
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Ordinance No.
Page 5
center's programs and services to stimulate interest therein, and review of
a long-range capital improvement plan.
B. In accordance with Chapter 17.50 of this code, act in an
advisory capacity and review the conceptual design and placement of
artwork, solicit public comment, and provide a recommendation to the city
council on the design and location.
C. Perform such other duties as may be requested from time to
time by the city council."
"2.38.120 Employment and compensation restrictions.
No member of the arts commission shall be eligible for employment
by the City or to perform contractual work for compensation by the city
during his or her appointment term and for a period of one year after
leaving that appointed office, with the exception of the compensation
received for the elected office of mayor or as an elected or appointed
councilmember, after leaving the commission."
SECTION 11. That Moorpark Municipal Code Section 2. 70.110 is hereby added
to Chapter 2. 70, Moorpark City Library, to read as follows:
"2. 70.110 Employment and compensation restrictions.
No member of the library board shall be eligible for employment by
the City or to perform contractual work for compensation by the city during
his or her appointment term and for a period of one year after leaving that
appointed office, with the exception of the compensation received for the
elected office of mayor or as an elected or appointed councilmember, after
leaving the library board."
SECTION 12. If any section, subsection, sentence, clause, phrase, part or portion
of this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of
the fact that any one or more section, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 13. This ordinance shall become effective thirty (30) days after its
passage and adoption. The employment and compensation restrictions in Sections
2.32.120, 2.36.120, 2.38.120, and 2.70.11 will first apply to any new appointee to the
Parks and Recreation Commission, Planning Commission, Arts Commission, and
Library Board after the effective date of this ordinance.
SECTION 14. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
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Ordinance No.
Page 6
Council at which the same is passed and adopted; and shall publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this_ day of ____ , 2014.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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