Western City December 2015 by Western City Magazine

DECEMBER 2015 |

The Monthly Magazine of the League of California Cities速

速

Making Campaign Finance & Government More Transparent p.9 Factfinding Under AB 646: Impacts & Lessons Learned p.7 Transparency, Ethics and Doing the Right Thing p.3

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PROTECTING

PUBLIC FUNDS

THROUGH RECIPROCAL DEPOSITS

cross the United States, local and state governmental organizations use reciprocal deposit services to access multi-million-dollar FDIC insurance through a single bank relationship. In this way, they are able to safeguard taxpayer money, keep funds local, and eliminate the burden of ongoing collateral tracking. Here are a few facts about how public funds are using Insured Cash Sweep® and CDARS®, services provided by Promontory Interfinancial Network, the nation’s leading provider of reciprocal deposit placement services.

AN ACTIVE COMMUNITY OF DEPOSITORS

3600+ $13 Billion

public fund customers across the nation used Promontory services to place reciprocal deposits in excess of

As of 3/31/15.

AMERICAN AS...

39% of all reciprocal deposits placed using Promontory’s services are placed by public organizations.

Based on average principal balance as of 3/31/15.

FROM SEA TO SHINING SEA states have laws that allow public entities to protect deposits through the use of reciprocal deposits.

To find a bank that offers ICS and CDARS visit

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Placement of customer funds through the ICS and CDARS services is subject to the terms, conditions, and disclosures set forth in the agreements that a participating institution’s customer enters into with that institution, including the applicable deposit placement agreement. Limits apply and customer eligibility criteria may apply. Program withdrawals are limited to six per month when using the ICS savings option. If a depositor is subject to restrictions on the placement of funds in depository institutions, it is the depositor’s responsibility to determine whether the placement of funds through ICS or CDARS, or a particular ICS or CDARS transaction, satisfies these restrictions. Insured Cash Sweep, ICS, and CDARS are registered service marks of Promontory Interfinancial Network, LLC.

CONTENTS 2 Calendar of League Events 3 President’s Message

Transparency, Ethics and Doing the Right Thing

By Jodi Remke

he State of California houses a T treasure trove of extremely valuable information; the problem is extracting and presenting it in a way that is meaningful and readily accessible. The Fair Political Practices Commission is working to improve public access to electionrelated and other data.

By L. Dennis Michael

It takes only one scandal to give the public the impression that all local elected officials are not to be trusted, and public perception can be very slow to change. How can we build our community’s trust in city government?

6 City Forum

California Cities Prepare for Implementation of Medical Marijuana Legislation

By Tim Cromartie and Eva Spiegel

alifornia finally has a strong reguC latory framework that upholds local control, protects public safety and enhances patient safety. League staff and legal counsel are participating in informational briefings to help cities prepare for the new law.

7 Legal Notes

Factfinding Under AB 646: Impacts and Lessons Learned

By Bruce A. Barsook and Joshua A. Goodman

hen a city and a recognized W employee organization are unable to reach agreement on matters within the scope of bargaining, an impasse occurs. In addition to any other resolution process the parties may utilize, such as mediation, AB 646 authorizes the employee organization to request that the parties undergo factfinding.

Making Campaign Finance and Government More Transparent

Job Opportunities 11

On the Record

City officials share the best advice they’ve received on serving in public office.

Professional Services 19 Directory

Cover Image: photo, Peeradach Rattanakoses/Shutterstock.com; money, 9george/Shutterstock.com

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President L. Dennis Michael Mayor Rancho Cucamonga

1400 K Street Sacramento, CA 95814 (916) 658-8200 Fax (916) 658-8240

First Vice President JoAnne Mounce Council Member Lodi

Second Vice President James Goodhart Mayor Palos Verdes Estates

Immediate Past President Stephany Aguilar Council Member Scotts Valley

Executive Director Chris McKenzie

For a complete list of the League board of directors, visit www.cacities.org/board.

leaguevents

Magazine Staff Editor in Chief Jude Hudson, Hudson + Associates (916) 658-8234 email: editor@westerncity.com

DECEMBER

Managing Editor Eva Spiegel (916) 658-8228 email: espiegel@cacities.org

2–3

Municipal Finance Institute, La Jolla This conference provides essential information for city officials and staff involved in fiscal planning for municipalities.

Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256 email: maxwellp@cacities.org

2–4

Administrative Assistant Kimberly Brady (916) 658-8223 email: kbrady@cacities.org

City Clerks’ New Law & Elections Seminar, La Jolla The seminar covers laws affecting elections as well as many aspects of the clerk’s responsibilities.

Contributors Melissa Kuehne Corrie Manning Koreen Kelleher Patrick Whitnell

January 2016 20–22

Associate Editors Carol Malinowski Carolyn Walker

New Mayors and Council Members’ Academy, Sacramento This vitally important training prepares newly elected officials for the demands of office and introduces them to the legal constraints on city councils.

Design Taber Creative Group

21–22

Policy Committee Meetings, Sacramento The League’s policy committees review issues of interest to cities statewide and make recommendations to the League board of directors.

Advertising Design ImagePoint Design For photo credits, see page 12. Western City (ISSN 0279-5337) is published monthly by the League of California Cities, 1400 K St., Sacramento, CA 95814. Subscriptions: $39.00/1 year; $63.00/2 years; student: $26.50; foreign: $52.00; single copies: $4.00, including sales tax. Entered as periodical mail January 30, 1930, at the Post Office, Los Angeles, CA 90013, under the Act of April 13, 1879. Periodical postage paid at Sacramento, Calif. Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2015 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume XCI, No. 12.

Legal Advocacy Committee Meeting, Sacramento The committee reviews and recommends friend-of-the-court efforts on cases of significant statewide interest to California cities.

February 3–5

City Managers’ Department Meeting, Indian Wells Geared to the unique needs of city managers, this conference covers issues affecting cities throughout California.

ED US IN G

Event and registration information is available at www.cacities.org/events. NT RI

IND EN

For the latest information on League conferences and events, follow us on Twitter @CaCitiesLearn. For legislative and policy updates and more, follow @CaCities. Follow Western City @WesternCityMag.

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President’s Message by L. Dennis Michael

Transparency, Ethics and Doing the Right Thing Few things are as disappointing as reading a news report that reveals allegations of corruption and wrongdoing in city government. It takes only one scandal to give the public the impression that all local elected officials are not to be trusted, and public perception can be very slow to change.

How can we, as local officials, build our community’s trust in city government? First, we can revisit some key ethics principles and then examine our own behavior in the context of these principles. It’s vitally important to bear in mind that the law creates a floor for ethical conduct, not a ceiling, and doing the right thing generally requires going above and beyond the minimum requirements of the law. Second, we must look at how we can help our city cultivate a culture of good governance that comprises ethical practices. Third, we can work with our municipal staff to give them tools that help them represent their city well to residents and the public at large, including the media. The League and its nonprofit research affiliate, the Institute for Local Government (ILG), offer an excellent resource for efforts in this area through the “Everyday Ethics for Local Officials” articles that are archived on the Western City website

www.westerncity.com

(www.westerncity.com) and ILG website (www.ca-ilg.org). This column presents some highlights of the series.

Key Principles for Elected Officials Local elected officials are busy people. When pressed for time and confronted with a situation where the ethical course of action may not seem readily apparent, local elected officials can use the simple litmus test presented in “The ‘Front Page’ Test: An Easy Ethics Standard.” Ask yourself: How would I feel if the course of action I am considering were reported on the front page of the local newspaper or blog? If you would be at all uncomfortable, the best course of action is not to do it. Another key point to remember: Consulting your agency counsel when dealing with an ethical issue is always a good practice. The law is in a continual state

of flux. After reviewing an ethics article, check with an attorney for a more specific analysis of how the current rules apply to a given situation. The “Everyday Ethics” series includes articles on these topics: • A Leader’s Dilemma: Ethics Versus Expediency; • Closed Session Leaks: Discretion Is the Better Part of Valor — and Ethics; • Making Politically Unpopular Decisions (available at www.ca-ilg.org); • Taking the Bite Out of Blogs: Ethics in Cyberspace; • The Ethics of Speaking One’s Mind; and • Let’s Not Make a Deal: Vote-Trading and Similar Practices Raise Legal and Ethical Issues.

continued

Western City, December 2015

Transparency, Ethics and Doing the Right Thing, continued

“Get Your Public Meetings Back on Track” examines the challenges of disruptive council members and meetings that run long. It offers tips and resources for dealing with disruptive behavior, setting agendas that take into account the amount of time allocated for the meeting, techniques that a presiding official can use to keep the conversation focused and moving toward resolution, and other strategies to make meetings more productive. Although many of the situations explored in the “Everyday Ethics” articles involve complex or difficult choices, issues are presented in clear language that is easy to understand. A two-part “Everyday Ethics” article titled “Deciding When to Step Aside From the Decision-Making Process: Abstentions and Disqualifications” provides helpful information for local elected officials on the distinction between abstaining and being disqualified from the decisionmaking process and includes examples that illustrate these situations. By thoughtfully considering the ethical aspects of their roles as public servants — and acting accordingly — mayors and council members can help to “set the tone at the top” for all of their city’s operations and staff.

Fostering a Culture of Good Governance and Ethical Practices Transparency plays a key role in the public’s perception of your city. “Everyday Ethics” includes a number of resources that can be used as the basis for discussion with city staff and as tools for building public confidence in city hall. “Local Agency Opportunities for Website Transparency” addresses the kinds of information that might be included on a city’s website and how that information should be presented. “Website Content for Local Agencies to Consider: A Checklist” offers a detailed, comprehensive list of information that can help build public trust and enhance transparency. “Blind Spots: Money, Public Service and the Ethical Hazards of Self-Interest” looks at people’s tendency to overestimate their commitment to ethical decision-making. This article discusses examples from the public sector and some of the ways that people rationalize unethical behavior. Good governance depends on officials and staff knowing and understanding the duties and responsibilities of their agency — and their position within the agency — as well as the relevant laws and requirements that govern it.

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“Promoting Good Governance Within Your Agency” answers the question, “How can my agency determine whether it is engaging in good governance practices and identify areas where improvements can be made?” It includes a link to “The Good Governance Checklist: Good and Better Practices,” which outlines policies and practices that local agencies can put in place to promote and build public confidence. “The Ethics of Public Language” looks at the pros and cons of using technical language in public documents and offers resources for reducing complexity as part of the effort to help make the local governance process in California more accessible and understandable to its participants.

Tools to Help City Staff In addition, “Everyday Ethics” offers articles and resources to help support municipal employees in serving the public. “Promoting a Culture of Ethics at City Hall” opens by observing: Organizations send messages in various ways to their employees about what’s important. For example, one way people can get into trouble is if the prevailing culture of the organization is to value a “just get it done” or “do whatever it takes” approach to job tasks and responsibilities. It’s an issue of the ends versus the means. Are the ends all-important or is the process by which ends are achieved also an important concern? Ethics, of course, is about the means by which ends are achieved. If your organization emphasizes and rewards only outcomes, you may be inadvertently signaling that the means or processes by which people go about doing their jobs doesn’t matter to the organization or — even worse — that the organization views the ends as justifying any means. The article goes on to examine the role of ethics codes, including values in a mission statement, hiring for ethics and screening

www.cacities.org

for character, and including ethics in new employee orientations and performance reviews. It also touches on the importance of leading by example and seeking feedback. Similarly, “Getting Public Employees Off to a Good Start” presents strategies for sensitizing the workforce to the special obligations of being a public agency staff member and includes a sample orientation pamphlet. “Telling the Truth When It Hurts” looks at the temptation to “fudge” numbers and the problems associated with instances where expediency and self-interest override the truth. The article (available at www.ca-ilg.org) states: … if an agency’s leadership is asking the staff to place a high value on ethics and truthfulness, its leaders need to walk the talk. This means avoiding the temptation to shoot the messenger who delivers bad news. It also means modeling the behavior that leaders would like to see from their staff. “The Ethics of Public Language,” mentioned earlier, also provides some useful information for city staff who are working with the public.

And “The ‘Front Page’ Test: An Easy Ethics Standard” gives staff as well as elected officials a simple way to determine the right thing to do.

Setting a Course for Your City Good governance and excellent public service require hard work, patience, a commitment to transparency and, in many cases, sacrificing one’s personal interests for the public’s interests. Fostering a culture of ethics presents many challenges. I encourage you to tap into the resources presented here as part of your

Ask yourself: How would I feel if the course of action I am considering were reported on the front page of the local newspaper or blog?

“Career-Saving Tips on Mass Mailings” explains the Political Reform Act’s mass mailing prohibition, which is one of those laws that can sneak up on you. It includes a handy flow chart to help determine whether a planned mailing may violate the law.

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“Freebies: Friend or Foe?” looks at the issues associated with perks and accepting special treatment for officials and staff. “Agency Romances: Looking for Love in All the Wrong Places” provides an overview of the potential problems associated with relationships between staff and elected officials.

For more information about our Health Care Reform Consulting Services, please contact Steve Gedestad, sgedestad@keenan.com.

Find More Information Online Read the online version of this article at www.westerncity.com for links to the articles described here and additional resources.

www.westerncity.com

city’s ongoing effort to incorporate ethics into everyday practices and build public trust in local government. I also urge you to periodically revisit these resources and refresh the discussion of ethics issues among your staff and elected officials. The League and ILG offer numerous tools to support your city’s work in this area. Together, we can build stronger communities and help improve the quality of life for all Californians. ■

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California Cities Prepare for Implementation of

Medical Marijuana Legislation by Tim Cromartie and Eva Spiegel Almost two decades after voters enacted Proposition 215 to give patients access to medical marijuana, California finally has a strong regulatory framework that upholds local control, protects public safety and enhances patient safety. Governor Jerry Brown’s signature on the Medical Marijuana Regulation and Safety Act on Oct. 9 culminated an effort led by a broad coalition that included the League, the California Police Chiefs Association, labor groups, patient advocates and portions of the cannabis industry. Licensing will begin in 2018 at the earliest. Three bills comprise the Medical Marijuana Regulation and Safety Act: • AB 266 (Bonta, Cooley, Jones-Sawyer, Lackey and Wood) contains the critical local control provisions and most of the core provisions of the regulatory structure, headed by the Department of Consumer Affairs; • AB 243 (Wood) regulates marijuana cultivation and provides a regulatory structure specifically to address environmental impacts; and • SB 643 (McGuire) contains critical provisions on criteria for state licensing, including disqualifying felonies. It also regulates physicians making medical marijuana recommendations and requires a digital seed-to-sale or track-and-trace program for marijuana, similar to that employed for agricultural products. The Medical Marijuana Regulation and Safety Act is significant for California cities because it: • Protects local control by requiring that all marijuana businesses have a local permit or license — in addition to a state license — to operate in California; • Protects public safety by providing mandatory minimum statewide security requirements and specifying criteria for state licensing, including disqualifying felonies; • Protects public health with mandatory minimum statewide health and safety standards, backed up by mandatory product testing; and • Ensures patient safety with quality assurance protocols requiring random sample testing by certified laboratories for all medical marijuana sold in California.

A summary of the act is available at www.cacities.org/ MarijuanaLegislation. The League’s strong advocacy efforts and collaboration with legislators ensured that the legislation protects local control unconditionally. Jurisdictions with a ban in place will be able to retain their ban, and jurisdictions that currently ban deliveries or mobile dispensaries — or those considering such a ban — must have an ordinance in place that explicitly prohibits this activity. Cities should also take note of a provision in one of the bills that requires jurisdictions to have a cultivation ordinance in place by March 1, 2016, to avoid state pre-emption in the area of cultivation.

Informational Briefings To help cities prepare for the new law, this fall the League began hosting a series of informational briefings throughout California for city officials. These briefings cover: • An overview of the three bills; • An explanation of local control provisions; • Details on deadlines and ordinances; • Areas that require cleanup legislation; • Local taxation issues; and • What cities need to know to prepare for this change in the law. League staff and legal counsel are participating in informational briefings, which may also feature legislative authors depending on the location and their availability. The informational briefings are tentatively scheduled for: • Jan. 13, Sacramento; • Jan. 20, San Luis Obispo; • Jan. 25, Fresno; • Jan. 27, Pasadena; • Jan. 28, Riverside; and • Feb. 9, San Diego. For more information, visit www.cacities.org/medicalmarijuana; to register for a briefing, visit www.cacities.org/events. ■

Tim Cromartie is a legislative representative for the League and can be reached at tcromartie@cacities.org. Eva Spiegel is communications director for the League and can be reached at espiegel@cacities.org.

League of California Cities

www.cacities.org

Factfinding Under AB 646:

Impacts and Lessons Learned by Bruce A. Barsook and Joshua A. Goodman In late 2011, Governor Jerry Brown signed AB 646 into law. This legislation authorizes the use of factfinding when local government agency labor negotiations under the Meyers-Milias-Brown Act (MMBA) have reached an impasse. The bill was intended to: • Increase the effectiveness of collective bargaining between local public agency employers and “recognized employee organizations” (unions); and • Assist with the resolution of impasses by providing parties a mechanism to receive objective input regarding how bargaining issues could be resolved. This article provides an overview of factfinding under AB 646, its impact on the collective bargaining process and negotiations in cities, and lessons learned since the bill became law.

Overview of Factfinding

When a city and a recognized employee organization are unable to reach agreement on matters within the scope of bargaining, an impasse occurs. In addition to any other resolution process the parties may utilize, such as mediation, AB 646 authorizes the employee organization to request that the parties undergo factfinding. The factfinding process involves a three-person panel, consisting of one member selected by each party and one neutral member selected by both parties

or the Public Employment Relations Board (PERB) if the parties cannot agree on the third selection. The panel makes inquiries as it deems appropriate and ultimately issues findings of fact and advisory recommendations to promote settlement. Once the panel has issued its report, the city must make the findings and recommendations public within 10 days. The factfinding panel is required to base its findings and recommendations on eight criteria: 1. State and federal laws that apply to the employer; 2. Local rules, regulations or ordinances; 3. Stipulations of the parties; 4. The interests and welfare of the public and the financial ability of the public agency; 5. Comparison of the wages, hours and conditions of employment to employees performing similar services in comparable public agencies; 6. The consumer price index (CPI) for goods and services (cost of living); 7. The overall compensation presently received by the employees; and 8. Any other facts that are normally or traditionally taken into consideration in making the findings and recommendations.

About Legal Notes This column is provided as general information and not as legal advice. The law is constantly evolving, and attorneys can and do disagree about what the law requires. Local agencies interested in determining how the law applies in a particular situation should consult their local agency attorneys.

Uncertainty Regarding the Scope of Factfinding

The scope of factfinding under AB 646 has been the subject of litigation. PERB has issued several rulings stating that factfinding is not limited to comprehensive negotiations related to a new memorandum of understanding (MOU), but rather applies to all bargaining disputes regarding any matter within the scope of representation — including under an existing MOU. Public agency employers disagree with PERB’s interpretation about the scope of AB 646, and in fact, two superior court decisions have found that factfinding under the statute applies only to disagreements regarding comprehensive negotiations leading to a new MOU. Those cases are currently awaiting appellate review, and the League has weighed in with an amicus (friend-of-the-court) brief in support of the county employer in one of the cases. continued on page 13

Bruce A. Barsook is a partner with the law firm of Liebert Cassidy Whitmore and can be reached at bbarsook@lcwlegal.com. Joshua A. Goodman is an associate with Liebert Cassidy Whitmore and can be reached at jgoodman@lcwlegal.com.

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Western City, December 2015

Making Campaign Finance

League of California Cities

www.cacities.org

and Government more

Transparent by Jodi Remke

California is known and respected for having some of the toughest political ethics and campaign finance laws in the nation. It is also known for its culture of innovation and technological trailblazing. It’s time to merge these proficiencies in the political process. As chair of the Fair Political Practices Commission (FPPC), one of my main priorities is increasing the use of technology to improve transparency and accountability and help renew the public’s faith in government. It’s no secret that state government needs to modernize its use of technology. Opportunities for increased efficiency and greater transparency abound. It’s up to those of us in government to advocate for such projects and ensure their success. For too long the state’s outdated technology has limited government’s ability to provide the services and information the public deserves. Government stands to achieve incredible efficiencies by embracing current technology. The knowledge we stand to gain by being able to scrutinize and analyze our data is as important as the time and money we can save. To maximize our capabilities we must move away from the form-driven mindset that has prevailed in state government for so long and move toward the data-driven model of the future.

Opportunities for Improving Access The State of California houses a treasure trove of extremely valuable information; the problem is extracting and presenting it in a way that is meaningful and readily accessible. Campaign finance offers a perfect example. California has strict campaign rules requiring candidates and elected officials to disclose almost every single donor of every dollar given to their campaigns. These rules are among the most comprehensive systems in the nation. This fact is impressive, and Californians should be proud. But the average person has no chance of finding or deciphering all of this valuable disclosure information because it is buried in a clunky state database, Cal-Access.

The “power search” feature recently added to Cal-Access clearly improves the existing cumbersome process. Now individuals can more easily see who is giving money to the campaigns in California that matter most to them. This valuable tool gives the public the type of information needed to make informed decisions at the ballot box. However, as California Secretary of State (and League Past President) Alex Padilla has indicated, this is only a first step. The new search tool does not provide the public with a complete picture. It does not show how campaigns spend money, nor does it reveal how lobbyists are paid to play in the political process. More importantly, while a number of noteworthy campaign and lobbying reform ideas are being discussed, any progress on these proposals is severely restricted by the existing database’s limited capabilities and fragility. Simply stated, the old system is not subject to modification — what you see is what you get. So while the new search tool is a decisive step in the right direction, the fact remains that we need a new statewide database. This project will take time, money and an unwavering commitment to success at the state level, and we need to start moving forward. continued

Jodi Remke is chair of the Fair Political Practices Commission and can be reached at executivedirector@fppc.ca.gov. Editor’s note: The opinions expressed in this article are solely those of the author and do not reflect League positions or policy.

www.westerncity.com

Western City, December 2015

Making Campaign Finance and Government More Transparent, continued

The FPPC is moving quickly to institute electronic filing for Form 700s filed with its office.

Get Your Fill!

Helping Voters Understand the Role of Money in Elections In the meantime, we must continue seeking alternative ways to increase transparency. The FPPC is focused on using technology to achieve the kind of smart disclosure that is truly meaningful to the public. In 2014 the FPPC launched its Top 10 Contributor Lists, showing top donors to committees primarily formed to support or oppose candidates and ballot measures. When data is presented in a user-friendly format, it’s easy to see who is supporting and opposing the candidates and issues. This information provides important cues to the voters when it matters most — before the election. Readily accessible data also helps voters better understand the role money plays in politics today. For example, looking at the data from the Top 10 Contributor Lists for ballot measures reveals that of approximately $206 million spent to support or oppose six ballot measures during the last election, the top donors gave $158 million. This means that 78 donors gave roughly 77 percent of the money contributed to influence the six ballot measures. Government is in a unique position to offer this type of nonpartisan and nonbiased data to inform and engage the public and help build their trust.

Wishing You and Yours A Wonderful and Safe Holiday Season & A Prosperous and Fulfilling 2016! Proud Supporter of League of California Cities Annual Conference League of California Cities, Los Angeles County Division League of California Cities, Latino Caucus League of California Cities, Asian Pacific Islander Caucus

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The FPPC’s newly developed Candidate Toolkit offers another example of how the commission is using technology to demystify the political process. This online toolkit condenses several instructional manuals into a one-stop shop for wouldbe candidates and has been well received by local officials praising its simplicity. When campaign laws are drafted in the state Capitol, policy-makers often forget the broad spectrum of public offices that are impacted. To encourage participation at all levels, we need to find ways to assist candidates running for offices, such as the district hospital board, who can’t afford and shouldn’t need to hire professional consultants. The FPPC plans to continue expanding and improving its online educational resources with user-friendly, interactive tools. continued on page 16 www.cacities.org

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Western City magazine’s job opportunity section is the source for job seekers looking for positions in local government. When you place a job opportunity ad in Western City

Call Pam Maxwell-Blodgett at (800) 262-1801 to place a display (boxed) ad or for rate and deadline information, or email admanager@westerncity.com. Website Job Postings Display ads are posted on our website at no additional charge. But if you miss the deadline for getting your job opportunity ad into the magazine, you can post it on the Western City website right away. To post your job opportunity ad on our automated website, visit www.westerncity.com or contact Kimberly Brady, Western City’s administrative assistant; email: kbrady@ cacities.org; phone: (916) 658-8223.

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City of Santa Monica, CA

City of Lancaster Development Services Director

The City of Lancaster’s Development Services Department is the largest department in the City with over 120 employees and an operating budget of $22 million. Comprised of three divisions – Community Development (Building and Safety, Planning, and City Engineering functions), Capital Programs (overseeing the design and construction of City Capital Improvement projects), and Public Works (overseeing the City’s recycled water system, sewer and drainage systems, vehicle maintenance, and street maintenance) – the citywide infrastructure is administered, built, and maintained through Department programs. Working under the Deputy City Manager and with the Department’s management team and staff, the Development Services Director will have overall responsibility for all aspects of the Department’s daily operations. The ideal candidate will be a forward-thinking individual who is entrepreneurial in spirit with strong leadership and management skills related to the oversight of resources, people, and projects. Requires a Bachelor’s degree and significantly responsible experience managing staff, projects, and budgets. Annual salary range is up to $187,968, plus an excellent executive benefits package including CalPERS retirement (Classic - 2%@60; New - 2%@62; with 8% Employee Share). Interested candidates should apply immediately by sending a compelling cover letter, comprehensive resume, and salary history to apply@ralphandersen.com. Open until filled. Detailed brochure available at www.ralphandersen.com. Confidential inquiries welcomed to Heather Renschler (916) 630-4900. Ralph Andersen & Associates

League of California Cities

Service beyond extraordinary. A leadership opportunity beyond measure. One of the nation’s most vibrant and dynamic urban coastal communities, the City of Santa Monica is seeking a new Fire Chief. SMFD is among the few Class 1 ISO rated departments in the country and serves the community from four fire stations with the support of 108 responders and 15 civilian staff. To serve this complex city of 92,500 that attracts 5.6 million tourists per year, Santa Monica’s Fire Chief must exhibit a sincere commitment to the extraordinary customer service which is a longstanding hallmark of this department. In changing times, the City is seeking a collaborative and innovative leader who will make a long-term commitment to the goal of ensuring Santa Monica remains a model on the cutting edge of emergency response. Closes Sunday, December 27, 2015. Salary range $211,512 - $261,132 (under review) + attractive benefits package.

Ready to take your career above and beyond? Teri Black • 424.296.3111 Bradley Wardle • 650.450.3299

Police Chief, City of Arvin, CA The City of Arvin (population 20,000) is located in Kern County about 15 miles southeast of the City of Bakersfield and 86 miles Northwest of Los Angeles. The City of Arvin is seeking a seasoned Police Chief who is team oriented, positive, honest, ethical, and leads by example. The Department has 22 full time sworn employees, 8 civilian members and a 15/16 budget of $3Million. The ideal candidate will have good interpersonal skills, public speaking abilities, and a high energy and engaging personality. Someone who has the steadfast ability to modernize the Department and mold it for the needs of a culture change is being sought. The City is interested in candidates who have demonstrated a record of developing initiatives or programs that exhibit their ability to bring innovation and creativity to the job. An individual who is willing to take a handson approach, is visible in the community, and is willing to do the work from the bottom to the top of the organization will excel in this position. A Bachelors degree in police science, criminal justice, public administration or a related field and 5 years in a leadership position (Lieutenant rank or higher) and a minimum of an Advance POST certificate, is required. Bi-lingual in Spanish is highly desirable, as well as the ability to obtain a Management Certificate within one year of employment. The salary range for the Police Chief is $92,724-$128,400 annually; placement within the range is dependent upon qualifications. The City offers an attractive benefits package. Apply online at www.bobmurrayassoc.com. Contact Joel Bryden at (916) 784-9080 with questions.

Closing date January 4, 2016. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Photo/art credits Cover Image: photo, Peeradach Rattanakoses/Shutterstock.com; money, 9george/Shutterstock.com

Page 8: photo, Peeradach Rattanakoses/ Shutterstock.com; money, 9george/ Shutterstock.com

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Page 6: Lukas Gojda/Shutterstock.com Page 7: photo, Stokkete/Shutterstock.com; file folder, Ambient Ideas/Shutterstock.com

www.cacities.org

Factfinding Under AB 646: Impacts and Lessons Learned, continued from page 7

In an implicit recognition that the statutory language imposes a limited scope for factfinding, in September 2014 the California Legislature passed AB 2126, which would have mandated factfinding for impasse over any negotiable subject of bargaining. Gov. Brown vetoed the bill, leaving the current statutory language in place. However, until the appellate courts resolve the issue of the scope of factfinding under AB 646, PERB will likely order factfinding for any bargaining impasse, regardless of whether it involves negotiations related to a new MOU.

PERB Factfinding Statistics The number of factfinding requests under the MMBA has increased each year since AB 646’s enactment. PERB’s most recent annual report revealed that during the 2013–14 fiscal year, PERB received 65 factfinding requests under the MMBA. Of those matters, 53 were approved for factfinding. Of the 53 matters approved for factfinding, 21 reports were issued. The factfinding reports invariably focused on salary but also involved other issues, such as employee contributions to retirement, sick and vacation leave, grievance procedures, contracting out of services, health insurance benefits, and other forms of compensation. Of the 21 factfinding reports issued during 2013–14, 20 indicated the length of the factfinding panel hearing: • 12 hearings lasted one day; • Five hearings lasted two days; and • Three hearings lasted three or more days. Fifteen of the 21 reports contained dissents. Of reports with dissents: • Seven included a dissent from both parties; • Four included a dissent only by the employer representative; and • Two included a dissent only by the employee organization’s representative.

www.westerncity.com

The Impact on Negotiations

timelines regarding the initiation of the process and the issuance of a report after the panel has been chosen, in practice, factfinding often lasts considerably longer. For example, delays can occur in agreeing on a neutral panel member. In addition,

AB 646 has resulted in several tangible impacts on negotiations and the collective bargaining process in cities and other local public agencies. First and foremost, it is clear that factfinding extends negotiations. While factfinding has specific

continued

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City of Inglewood, CA

ANNOUNCES A CAREER OPPORTUNITY FOR A:

CITY CONTROLLER |

SALARY: $8,149 - $10,545/month

Under the direction of the Chief Financial Officer manages, supervises, directs, and evaluates work-products of assigned staff. Responsible for the City’s accounting, auditing, budgets, position control and financial reporting processes including establishing the work-flow and priorities of assignments. The ideal candidate is a highly proficient problem solver with a strong background in developing and managing multiple account funds; ability to develop monthly, quarterly, and yearly reports for various reporting agencies on a timely basis; and who can translate innovative ideas into cost effective practical solutions. Must have BS/BA Degree in Finance/Accounting, AND 5 to 7 yrs of progressively responsible exp in municipal finance administration with 2 yrs supervisory exp. Possession of an ‘active’ Certified Public Accountant (CPA) certificate with the State of California is highly desirable. DEADLINE TO APPLY: December 31, 2015 @ 5:00 p.m. For more information visit http://www.cityofinglewood.org or City of Inglewood * One Manchester Blvd * Inglewood CA 90301.

Finance Director, City of Pico Rivera, CA The City of Pico Rivera, CA (approximate population 63,000) is a thriving community that offers opportunities to all who live and work in the City. Pico Rivera is now seeking a Director of Finance. The Finance Director is a key member of the City’s executive team and will help to define the City’s vision and strategy. The City is seeking an experienced professional who is a team-oriented and collaborative leader committed to transparency within the Department, innovative problem solving, customer service, and performance management. This is an excellent opportunity for a hands-on Finance Director with a breadth of financial services experience and skill in strategic planning. Excellent project management and communication skills are essential to this position. A Bachelor’s degree in Public Administration, Finance, or a directly related field is required; a Master’s degree is preferred. Candidates must possess eight years of increasingly responsible administrative experience in municipal government; six years of supervisory experience; seven years of public contact work; three years of budget/policy experience; and leadership experience is required. Experience serving on government boards is desirable. The salary for the Director of Finance is open and dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Contact Fred Freeman at (916) 784-9080 should you have any questions. Closing date December 18, 2015. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Western City, December 2015

Factfinding Under AB 646: Impacts and Lessons Learned, continued

parties often agree to extend the statutory time frames to accommodate the parties’ or the neutral member’s schedule.

stage of negotiations in order to have something to “give” during the factfinding process.

Second, the possibility of factfinding has caused some employers and employee organizations to be more cautious during negotiations, even perhaps holding back potential offers during the pre-impasse

Third, given the specific criteria that a factfinding panel must analyze, some employers feel pressured to base their economic proposals on comparability data and CPI increases — at the expense

General Manager, Central Arizona Project Headquartered in Phoenix, Arizona, the Central Arizona Project (CAP) is Arizona’s single largest resource for renewable water supplies. CAP’s Board of Directors is now seeking a General Manager to oversee a diverse staff of more than 470 employees who are responsible for the canal system and the associated infrastructure and services required to successfully manage and operate a complex water organization. CAP seeks an engaging, articulate, and motivational leader for the position. The ideal candidate will demonstrate a strong ethical commitment, a high level of personal integrity, sound judgment, and quality decision making skills. The Board is seeking a versatile professional with the ability to develop a vision for the future of the Organization. The ideal candidate will also embrace an open and communicative relationship with the Board of Directors as well as effectively work with customers, stakeholders, and key entities of the Colorado River Basin. Candidates must possess a Bachelor’s degree and a combination of management and leadership experience in an organization of comparable size and complexity; a Master’s degree is desirable. The salary range for the General Manager is open and competitive; DOQ. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Contact Joel Bryden at (916) 784-9080 should you have any questions. Closing date January 6, 2016. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Coming in December . . .

Utilities Director City of Palo Alto

Deputy Fire Chief City of Mountain View

Detailed information available at www.tbcrecruiting.com Teri Black • 424.296.3111 Julie Yuan-Miu • 925.820.8436 Bradley Wardle • 650.450.3299

League of California Cities

of their own actual financial condition or internal budget priorities. Finally, at this juncture, factfinding appears to increase an employer’s negotiation costs, due to the extra time and resources necessary to prepare for and take part in the process.

Lessons Learned for Cities

Experience with AB 646 has shown that cities may be able to minimize any potential negative impacts of factfinding by taking the following steps. Plan Ahead. Because the factfinding process can add several months to negotiations, whenever a city needs to implement changes to working conditions, it should incorporate extra time into the negotiating process. First, negotiations should start sooner rather than later. Second, agreement should be reached — or if impasse results, factfinding should be completed — in sufficient time to implement the planned changes in working conditions. Educate the City Council About the Process. Well before negotiations for a new MOU commence, the city council should be aware of the possibility of factfinding and the nature and costs of the factfinding process if it actually occurs — particularly concerning the potential increased time added to negotiations. The council must understand that even though time may be of the essence in making changes, the meetand-confer process should not be rushed and must be undertaken in good faith. Consider the Impact of Comparability and Other Factfinding Criteria When Developing Proposals, but Don’t Lose Sight of City Ordinances, Rules, Policies and Principles and Financial Condition. A city should carefully review the statutory criteria that a factfinding panel will consider (for example, comparability, total compensation and cost of living data) and be prepared to support its bargaining position utilizing that criteria. However, the city should not abdicate its responsibility to do what is prudent based on its own unique set of circumstances. Experience has shown that most factfinders are willing to consider an agency’s financial condition and goals and its labor relations principles when making recommendations. www.cacities.org

Success requires the city to be forthright, clear, consistent and fair in its application of these factors. For instance, if the city does not believe it is financially prudent to agree to a proposal, notwithstanding claimed comparability data or increases to the CPI, the city should show why such information is not relevant or persuasive; for example, the union’s proposal may not take into account the fact that the city’s contribution toward employee compensation (costs) has risen above the CPI by picking up increased costs of pensions and/or health insurance coverage. Consider the Wisdom of Holding Back Proposals During Negotiations. Most negotiations reach a successful conclusion without a declaration of impasse or the need to go to factfinding, and generally everyone’s efforts should be focused on reaching agreement during that stage of negotiations. When unions use impasse as a negotiating tool or in cases where the parties remain far apart on terms, it may be tempting to have something in reserve for impasse to “seal the deal.” Before adopting such an approach, city representatives should consider whether “holding back” increases or decreases the likelihood of successfully resolving negotiations promptly and best serves the city’s longterm interests in having good relationships with the employee organizations.

Conclusion

AB 646 has been codified for almost four years. While factfinding has been shown most often to add time and expense to the collective bargaining and negotiations process for cities, it is likely here to stay. As a result, cities will be well served by careful advance planning for upcoming negotiations, effective communications with employee organizations and goodfaith negotiating based on solid facts and sound financial principles. ■

It is clear that factfinding extends negotiations. J

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CITY OF PINOLE The City of Pinole is located in the beautiful San Francisco Bay Area, on the shores of San Pablo Bay in West Contra Costa County. The City of Pinole has a diverse population of over 19,000 and a land area of more than four square miles with gently rolling hills. City of Pinole is known for its rich architectural heritage and historic past. The Development Services Director/City Engineer reports to the City Manager and inherits an operation that encompasses a wide scope of responsibilities and highly visible projects and activities. The new Director will operate as an DEVELOPMENT integral part of the City’s Avery & Associates SERVICES DIRECTOR/ management team and William Management Consultants CITY ENGINEER will provide a high level 1 3 /2 N. Santa Cruz Ave., Suite A of progressive and strategic leadership through an active, engaged and Los Gatos, CA 95030 facilitative management style. The Director will provide oversight to the 408.399.4424 engineering and construction firm and will serve as the Project Manager. Fax: 408.399.4423

The new Director will have a background that includes five or more years email: jobs@averyassoc.net www.averyassoc.net of engineering experience and and at least two years in a management capacity. A Bachelor’s degree in a related field is required, as is registration as a PE in California. The salary is up to $158,916 annually, DOQ. To be considered, please submit (email preferred) a letter of interest, resume, salary history and contact information including email addresses for five work-related references to Paul Kimura by December 15, 2015. A formal job announcement is available at http://www.averyassoc.net.

Human Resources Director City of Ventura, CA

ecognized as one of the most livable communities in the country, the City of Ventura is also a popular tourist destination known for its golden beaches and active downtown. Serving a population of 109,000, this city’s FY2015-16 General Fund budget is $96.2 million (total $271 million). Ventura’s workforce consists of 599 FTEs. Supported by an 11-member team, the Human Resources Department encompasses Employee/Labor Relations, Benefit Administration, Recruitment & Retention, Training & Development and Risk Management/Workers’ Compensation. A resourceful and exceptional problem solver, the ideal candidate will be well-versed in all aspects of local government human resources with an impressive background in employee/labor relations. A high energy professional, he/she will be both a strong leader and a working manager who stays closely engaged with his/her staff. Experience in a full-service city is desirable. Three years of public sector management experience and a Bachelor’s degree are required.

Looking for Footnotes?

The salary range for this position goes up to $167,074 and is supplemented by an attractive benefits package. This recruitment will close on Sunday, December 13, 2015. Visit www.tbcrecruiting.com for brochure and to apply online.

For a fully footnoted version, read this article online at www.westerncity.com.

Teri Black • 424.296.3111 Julie Yuan-Miu • 925.820.8436

www.westerncity.com

Western City, December 2015

Making Campaign Finance and Government More Transparent, continued from page 10

The average person has no chance of finding valuable disclosure information buried in a clunky state database. J

Public Works Director/Town Engineer Town of Woodside, CA

ocated midway between San Francisco and San José, the Town of Woodside spans approximately 14 square miles and is home to a population of 5,500. Incorporated in 1956 and known for its stability, the community is largely affluent residential and operates under a Council-Manager form of government. The Public Works Director/Town Engineer is supported by a team of four (4) that is supplemented by contractual staff. This department head is a critical member of Woodside’s small and collaborative executive team. Reporting to the Town Manager, the Public Works Director/Town Engineer will possess the engineering technical expertise appropriate for this unique community. The ideal candidate will offer exceptional interpersonal and communications skills and be comfortable working in a very engaged small-town environment that is known for its high expectations and outstanding quality of life. A Bachelor’s degree in a relevant discipline and registration in California as a PE are required. A Master’s degree is desirable. The salary goes up to $210,492. This recruitment will close on Sunday, January 3, 2016. For detailed brochure and to apply online, visit www.tbcrecruiting.com. Teri Black • 424.296.3111 Julie Yuan-Miu • 925.820.8436

Community Development Director City of Los Altos, CA

ome to a population of 30,036 on the San Francisco Peninsula, the City of Los Altos is a premier residential community in the Silicon Valley. Los Altos is known for its distinctive community-oriented character that is influenced by the Bay Area’s desirable cultural, recreational and business attractions. The Community Development Department is supported by 13 full-time staff and flexible contractual assistance. The ideal candidate will be a confident, proactive and forward-thinking professional who is well-versed in all aspects planning. The individual selected will be a superior and credible verbal and written communicator with exceptional interpersonal skills. He/she will also be an engaged people manager who enjoys a fast-paced environment. Experience serving communities with high expectations will be considered favorably. Management experience in a comparable setting and a Bachelor’s degree in a relevant discipline are required. Salary range goes up to $182,700. Salary is supplemented by attractive benefits package. This recruitment closes Sunday, January 10, 2016. Check the TBC website for detailed recruitment brochure and to apply online – www.tbcrecruiting.com. Teri Black • 424.296.3111 Julie Yuan-Miu • 925.820.8436

League of California Cities

In addition to providing the Top 10 Contributor Lists and Candidate Toolkit, the FPPC is bringing other aspects of its operations into the 21st century.

Streamlining the Form 700 Process Many of you are familiar with Form 700, which public officials must file to disclose their personal financial interests. This form is crucial to transparent government and ensuring that officials are working for the public’s best interests — and not their own financial benefit — when making government decisions. Today the forms are housed mainly as hard copy in filing cabinets at the FPPC, local city and county clerk’s offices and various other local and state agencies. While the FPPC receives about 25,000 forms at its office, an estimated 500,000 to 800,000 forms remain spread throughout California. The current fragmented process is bad for the FPPC, bad for public officials and bad for the public. Again, technology is the obvious answer. The FPPC is moving quickly to institute electronic filing for Form 700s filed with its office, a move that will make life easier for everyone involved. On the FPPC’s side, it will free up countless staff hours spent opening mail and reviewing and filing 25,000 forms. For public officials submitting their Form 700s, it will mean no more printing, scanning and emailing PDFs — and fewer erroneous filings. For members of the

More About Transparency in Government For links to additional information about the relationship between technology, transparency and building public trust, read the online version of this article at www.westerncity.com.

public, the press and good government groups, it will mean easier access to critically important information.

Making Lobbying More Transparent The world of lobbying also needs more transparency. The FPPC is exploring ways to require more detailed information than currently reported under the “other payments to influence” category that appears on lobbying forms. This area of lobbying rules and regulations is interpreted very broadly. While citizens and corporations have a right to petition their government, the public is entitled to know who is swaying policy-makers and how much they’re paying to do so. Maintaining the status quo is not an option. Without access to more detailed information on how money is spent, we’re only identifying the big players in politics but not seeing who or what they’re playing with.

Conclusion Throughout its 40-year history, the FPPC has been a national leader in regulating governmental ethics. Its goal now is to be a leader in increasing transparency and accountability through technology. To learn more, visit www.fppc.ca.gov. ■

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City Attorney, City of Merced, CA Located in the heart of California’s agricultural Central Valley, the City of Merced is the region’s hub for education, culture, and business. A dynamic university community of about 80,500 residents, Merced offers friendly, small town living in a mid-size city. The City is now seeking a City Attorney with demonstrated experience in municipal and administrative law, particularly in the areas of land use, economic development, litigation, contract development, and employment law. The ideal candidate will possess excellent communication skills in all modalities and the ability to adjust communication style for a variety of audiences, as well as a willingness to develop positive working relationships with diverse groups and individuals. Candidates must possess a JD and 2 years of experience practicing law and managing professional and administrative support staff in a municipal legal setting or an equivalent combination of education, training, and experience. At the time of application, all candidates must possess and maintain a valid license from the State Bar of California and a valid California Driver’s License. The annual salary for the City Attorney position is open and dependent upon qualifications. Apply online at www.bobmurrayassoc.com. Contact Gary Phillips at (916) 784-9080 with questions. Closing date January 8, 2016. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Public Works Manager City of Dublin, CA

trategically located in the Tri-Valley region of Alameda County, the City of Dublin (population 54,844) has consistently been one of the fastest growing cities in the county, and is projected to have a total population of approximately 76,000 at build-out. The City is recruiting for a Public Works Manager who is responsible for the maintenance of streets, parks and buildings and has oversight of $5.6 million operating budget with services provided through several maintenance contracts. The candidate who enjoys a fast-paced environment and thrives on assuming a leadership role for several unique assignments will find this opportunity rewarding. The candidate selected for the position will rely on solid work experience maintaining public infrastructure to ensure contractual performance requirements are met and have superior interpersonal skills that earns trust and credibility. The City is seeking a results-oriented individual with high standards. A typical combination of education and experience is a Bachelor’s degree and four years in operations/ maintenance. Management experience is preferred. Salary range is up to $144,084, supplemented by an attractive benefits package. Closing date: Sunday, December 20, 2015. Brochure available at www.tbcrecruiting.com. Julie Yuan-Miu • 925.820.8436 Teri Black • 424.296.3111

Western City, December 2015

PeckhamMcKenney Presents & Outstanding Career Opportunities

City Attorney City of Antioch, CA

Located in the East Bay region of the San Francisco Bay Area along the San Joaquin-Sacramento River Delta with its 1,000 miles of inland waterways, the city of Antioch with a population of over 107,000 is home to 31 parks and 600 acres of open space and is considered by many a recreational paradise positioned for significant growth. The city is seeking an exceptional attorney with demonstrated expertise in municipal law with superior communication and interpersonal skills. Graduation from an accredited law school and active membership in the California State Bar required. Salary up to $202,608 DOQ/DOE with benefits. Filing deadline is December 21, 2015.

Police Chief

City of Galt, CA

Galt is a well-managed community of 25,000 residents with a modern aquatic center and incredible parks and recreation programs. The Police Department consists of 53 employees (38 sworn) with a budget of just over $7.8 million. The City is seeking a relationship oriented Police Chief who will be visible and engaged with the community with the energy and passion to take the Department to the next level. Bachelor’s degree required, Master’s/ FBI Academy/POST certificates preferred. Depending on qualifications the hiring range is from $113,829 to a maximum of $152,195 if candidate possesses Intermediate and Advanced POST certificates, with excellent benefits. Filing deadline is December 18, 2015.

City Administrator

City of Gilroy, CA

While respecting the historic, small-town environment of this community of 53,000 residents, Gilroy has a bright future with exciting growth and development opportunities. Known for its stable and fiscally sound organization, the City of Gilroy has a seven-member City Council, two-year 2015/16 total budget of $134 million, and a dedicated staff of 260 FTEs. Key focus areas include fiscal and economic sustainability, completion of a General Plan update, future high-speed rail station, community visioning, downtown revitalization, deferred maintenance, workforce development, and enhancing an organizational culture of customer service. Proven local government professionals with generalist backgrounds are encouraged to apply, but those with a solid understanding of municipal budgeting and finance, economic development, infrastructure improvement, and labor relations are desirable. Master’s degree required, or Bachelor’s degree with additional experience in lieu at City’s discretion. Salary open DOQE. Filing deadline is December 21, 2015.

Upcoming Opportunities City of Brentwood, CA – Administrative Services Director City of San Rafael, CA – Human Resources Director Please send your cover letter and resume electronically to:

Peckham & McKenney

apply@peckhamandmckenney.com

Resumes acknowledged within two business days. A detailed brochure is available at

www.peckhamandmckenney.com (866) 912-1919

League of California Cities

www.cacities.org

What’s the best advice you ever received about serving in public office? Read more “On the Record” at www.westerncity.com.

Be honest and have integrity in your actions.

Lisa Yarbrough-Gauthier Mayor East Palo Alto

Listen more than you speak.

Vanessa Perry Council Member Oakley

It’s not about me.

Jermaine Wright Sr. Mayor Pro Tem Adelanto

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Western City, December 2015

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