August 2011 by Western City Magazine

AU G U S T 2 011 |

The Monthly Magazine of the League of California Cities

Annual Conference & Exposition 2011 Annual Conference & Expo Preview p.20 A Different Approach to Cost Cutting p.26 Rules on Gifts of Travel p.10

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CONTENTS 2

Calendar of League Events

President’s Message

By Helen Marshall and Lorraine Okabe

Acknowledging Our Accomplishments

The preview includes program highlights and policy-making activities.

By Jim Ridenour We have made significant progress during a year filled with obstacles and difficulties.

City Forum

Taking Action at the Grassroots Level

Exposition Exhibitors 23

Everyday Ethics for Local Officials

Gifts, Part IV Rules Related to Gifts Of Travel Gift reporting requirements and gift limits for travel include a few notable exceptions.

San Carlos Takes a Different Approach to Cost Cutting By Brian Moura

By Eva Spiegel The League’s successes at the ballot box and in the Legislature over the past decade underscore the power and reach of its Grassroots Regional Public Affairs program.

League of California Cities 2011 Annual Conference & Expo Preview

The city needed a new strategy to solve a $3.5 million structural budget deficit.

Job Opportunities

Professional Services Directory Cover Photo: Images from League of California Cities 2010 Annual Conference. Photos: Herr Photography

Legal Notes

Social Media: Balancing the Rights of Employers and Employees By Pilar Morin and Elizabeth T. Arce Employees’ personal use of social media is creating significant challenges for employers.

Register Now for the League’s Annual Conference! The League of California Cities 2011 Annual Conference & Expo will be held Sept. 21–23 in San Francisco. Visit www.cacities.org/AC for program information and to register online.

President Jim Ridenour Mayor Modesto

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

First Vice President Michael Kasperzak Vice Mayor Mountain View

Second Vice President Bill Bogaard Mayor Pasadena

Immediate Past President Judy Mitchell Council Member Rolling Hills Estates

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 (916) 658-8234 e-mail: <editor@westerncity.com> Managing Editor Eva Spiegel (916) 658-8228 e-mail: <espiegel@cacities.org>

September

21 – 23

Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256 e-mail: <maxwellp@cacities.org> Classiﬁed/Website Advertising and Subscriptions Sara Rounds (916) 658-8223 e-mail: <info@westerncity.com>

League of California Cities Annual Conference & Expo, San Francisco This conference offers dozens of educational sessions, numerous professional development opportunities, hundreds of exhibits and a chance to participate in the League’s policy-making activities at the Annual Business Meeting.

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

Contributors Tracy Petrillo JoAnne Speers Patrick Whitnell Associate Editors Carol Malinowski Carolyn Walker Design Pat Davis Design Group, Inc.

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

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.

NT RI

For the latest information on League conferences and events follow us on Twitter @CaCitiesLearn. For legislative and policy updates and more, follow @CaCities. Join us on Facebook! www.facebook.com/westerncity www.facebook.com/LeagueofCaCities

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

Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2011 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume LXXXVII, No. 8.

Board of Directors Meeting, San Francisco The League board reviews, discusses and takes action on a variety of issues affecting cities, including legislation, legal advocacy, education and training, and more.

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League of California Cities

www.cacities.org

President’s Message by Jim Ridenour

City officials show their support for Proposition 22 at a September 2010 press conference.

Acknowledging Our Accomplishments

alifornia cities have faced some tremendous challenges in the past year, and the League has worked hard to

support our efforts. As I approach the end of my term as League president, I’ve been reflecting on the progress we’ve made. There can be no doubt that the highlight of my term was our overwhelming victory in passing Proposition 22 (with 61 percent support). We must now be prepared to defend it from assault by the Legislature and governor, and your board of directors stands ready to do that.

Each November the League sets strategic goals for the coming year. The 2011 goals are: 1. Strong Partnerships for a Stronger Golden State. Collaborate and partner with other public and private groups and leaders to reform and revitalize the structure, governance, fiscal integrity and responsiveness of our state government and intergovernmental system. 2. Sustainable and Secure Public Pension Systems. Work in partnership with other groups and stakeholders to promote sustainable and secure public pension systems to help ensure responsive and affordable public services for the people of our state and cities. 3. Responsive and Accessible League Services. Implement distance learning, meeting and other cost-effective strategies to deliver even more responsive and accessible League educational, information and advocacy services to the city officials of California. continued www.westerncity.com

Western City, August 2011

Acknowledging Our Accomplishments, continued

Strong Partnerships for a Stronger Golden State

The League officers and staff have sought opportunities to partner with state policymakers and other leadership groups and stakeholders to advance ideas that will reform and revitalize the structure, governance, fiscal integrity and responsiveness of our state government and intergovernmental system. However, these efforts have been overshadowed by the need to respond to the governor’s proposal to eliminate redevelopment agencies, leaving little time to pursue this goal. Nevertheless, progress is being made on what the board agreed is a multi-year undertaking. Cities-Counties-Schools (CCS) Partnership. League officers participated in a January 2011 meeting of the CCS Partnership, which included discussions with the executive director of California Forward about its reform agenda for 2011–12. California Forward’s mission is “to work with Californians to help create a ‘smart’ government — one that’s small enough to listen, big enough to tackle real problems, smart enough to spend our money wisely in good times and bad, and honest enough to be held accountable for results.” Funded by private foundations, California Forward is focused on robust public discussion and creating broad coalitions that can move solutions forward. As of July 1, operations and staffing of the CCS Partnership are being streamlined through an agreement for staffing services with the Institute for Local Government (the research arm of the League and California State Association of Counties, whose mission is to promote good government at the local level). The CCS Partnership will continue promoting local government collaboration. League Opens Its Doors to California Forward’s Outreach Effort. League officers and staff participated in a March event of California Forward that was designed to solicit feedback from local officials about some of their reform plans on performance measurement. League divisions are working now to schedule presentations by California Forward at upcoming meetings. In addition, Jim

League of California Cities

We have made significant progress during a year filled with obstacles and difficulties, and that progress is a result of the combined energy, talents and determination of our members and staff.

Mayer, executive director of California Forward, recently made a presentation to the League board about the status of California Forward’s public outreach process and the “Smart Government” framework of reforms that the organization has been discussing with various stakeholder groups throughout the state, including some of the League’s divisions. Sustainable and Secure Public Pension Systems

The call for public pension reform appears to be gaining in intensity and remains a prominent issue throughout the nation. Cities are experiencing sharply increasing pension costs and, in turn, are being forced to make difficult decisions about cutting back public services in response. The League has laid a significant amount of groundwork on this issue, including the following activities. Comprehensive Survey of City Pension Reforms. League staff completed the first phase of a survey of city actions at the local government collective bargaining table, and the results are posted on the League website. Nearly 300 cities responded to the survey. The League plans to update this survey at least annually as bargaining results are reported. Web Page. The League has established a special page on its website to provide information on the latest developments in discussions on public pensions. The web page includes the recently completed city survey and a collection of the regional public pension reform papers developed in different regions of California. The web page (www.cacities.org/pensions) also includes papers, research and additional resources on public pensions.

Pension Reform Panels at League City Managers Conference. League staff worked with the City Managers Department to organize and execute a special workshop on public pension reform at the February 2011 City Managers Department Conference. Public pension workshops will also be conducted at the 2011 League of California Cities Annual Conference & Expo in San Francisco next month. League Tracks Regional Pension Reform White Papers. Starting in 2010, League staff began compiling and tracking the regional city manager groups’ white papers on pension reform. These papers are posted on the League website. City Managers Develop Pension Reform Action Plan Paper. The City Managers Department played a strong leadership role among local governments on the issue of public pension reform. After taking into consideration recent studies, workshops and publications on the issue and conducting internal discussions, the department has developed a Pension Reform Action Plan Paper. The plan contains some strong recommendations to help local governments get a better handle on rising pension costs. The recommendations include actions that can be taken at the local government collective bargaining table and by the state Legislature. The plan has been endorsed by two League policy committees and was recently approved by the League board. Continued Outreach to Employee Unions and Other Stakeholders. At the League’s Legislative Action Days event in May, a session on public pension reform included a panel discussion. Panelists continued on page 6

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Acknowledging Our Accomplishments, continued from page 4

represented the Peace Officers Research Association of California, the Service Employees International Union (SEIU), the League’s City Managers Department, the Little Hoover Commission and included a consultant from the office of Sen. Mimi Walters (R-Laguna Niguel). The League is engaging labor and other stakeholders in an ongoing dialogue focused on

possible solutions to public employee pension problems. Responsive and Accessible League Services

The League continues to enhance the tools we use to communicate with our members. The organization is planning

E-Newsletters. In December 2010, the League increased the frequency of its electronic newsletter, City Advocate Weekly, and renamed it CA Cities Advocate.

Working in Partnership with Local Communities

(888) 794-2016 www.csgengr.com

Social Media. The League uses social media on a daily basis to inform members of legislative and other developments. More than 1,000 people now “like” the League’s Facebook page (www.facebook. com/LeagueofCaCities), and the legislative Twitter page, @CaCities, has more than 500 “followers.” The League’s education programming updates are sent to Twitter followers via @CaCitiesLearn.

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League of California Cities

a complete website overhaul in 2011, leveraging social media to help effectively disseminate our messages and utilizing technology to bridge geographical distances between staff and members. These tools are essential components of the League’s ability to engage its members in efforts to protect local control.

Social media has also played a major role in the campaign to protect redevelopment. Messages and videos are posted on the League’s Facebook and Twitter accounts in conjunction with efforts on www.ProtectOurLocalEconomy.com and “Stop the State’s Redevelopment Proposal” on Facebook. Distance Learning. An increasing number of educational programs are being offered online as webinars, including the Legislative Briefings. The City Attorneys Department offered a Prop. 26 Update webinar in April, and nearly 100 listening sites participated in the program, which offered MCLE credits.

An increasing number of League educational programs are being offered online as webinars.

sccpconcrete.com www.cacities.org

In late April, the League’s grassroots program coordinator implemented video conference call meetings with the League’s regional staff. Adding a visual element to these biweekly meetings enhances the team’s connectivity and makes sharing information easier.

The call for public pension reform appears to be gaining in intensity and remains a prominent issue throughout the nation.

Website. Registration and housing for the 2011 League of California Cities Annual Conference & Expo is available online at www.cacities.org/AC. The web page includes video clips, links to social media, event schedules and programming content. Work is under way to completely overhaul the League website at www.cacities. org in 2011. The request for proposals was sent to potential vendors in early May. Staff anticipates rolling out a new website by the end of the year. The new League website will make it possible to provide much more training and educational content, reducing the need for city officials to travel to meetings. Success Requires Working Together

As the end of my term as League president draws near, I want to thank the League board of directors, Executive Director Chris McKenzie, League staff and all of the city officials who have worked so diligently on these issues. We have made significant progress during a year filled with obstacles and difficulties, and that progress is a result of the combined energy, talents and determination of our members and staff. I encourage you to redouble your efforts. Join us at the League of California Cities 2011 Annual Conference & Expo next month to learn about the latest developments that affect our cities and how we can work together to overcome the challenges that face us. I look forward to seeing you there. n

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Western City, August 2011

Taking Action at the Grassroots Level

by Eva Spiegel

The League’s Grassroots Regional Public Affairs program reached a milestone in 2011 by completing its first decade of work. This program put a team of 16 regional public affairs managers on the ground throughout the state to work directly with California city officials. The team has proven to be an extremely effective advocacy tool for the League, helping to achieve extraordinary successes in Sacramento and at the ballot box. As the program enters its second decade, it provides a good opportunity to revisit how the program supports California city officials’ efforts to protect vital local services. The regional public affairs managers serve as liaisons for the League with its 16 regional divisions and at the state Capitol. In essence, they represent the League at the local level, serving as the organization’s eyes and ears. Working in their regions and with League staff in Sacramento, the regional public affairs managers act as a sounding board for how state policy will translate at the local level and how local ordinances can be adapted into state law. They also help local officials understand the complex political dynamics of the state Capitol and Washington, D.C.

How It Started The League launched this innovative program following a series of devastating state raids on local funds in the 1990s. By 2001, the state had shifted away billions of dollars of annual city, county and special district property taxes and other revenues. Cities had had enough, and the League created the network to fight back. A membership poll at the time revealed that city officials believed protecting local revenues should be the grassroots network’s

top priority. The League hired seasoned political professionals to form broad coalitions on issues, organize letter-writing campaigns and provide insight on the political dynamics at the local level that influence legislation.

bers, the public and the press on the need to enact further protections of local funds from state raids. The grassroots network helped propel the League to victory in November when Prop. 22 passed by more than 61 percent.

Building Political Momentum

Helping You Connect With The League

The League’s successes at the ballot box and in the Legislature over the past decade underscore the power of the Grassroots Regional Public Affairs program. In 2004 the League helped pass Proposition 1A to prevent any increase in the local property tax shifts to the state and to protect sales tax and Vehicle License Fee funds. And the League helped defeat ballot measures in 2006 and 2008 that would have made disastrous changes to local land-use authority. During the “No on 90” campaign in 2006, the regional public affairs managers brought together more than 400 diverse organizations to oppose the measure and conducted countless public education events, news conferences and outreach efforts. In the “No on 98, Yes on 99” campaign of 2008, the team sprang into action to inform coalition members, the news media and the general public about Prop. 98’s pitfalls and the need for the honest eminent domain reform contained in Prop. 99. The “Yes on 22” campaign began in earnest in early 2010 when the League’s regional public affairs managers launched an impressive volunteer signature-gathering effort to help qualify the Local Taxpayer, Public Safety and Transportation Protection Act of 2010 for the November 2010 ballot. Once again, the League’s Grassroots Regional Public Affairs program played an essential part in achieving stronger protections for local revenues. The team educated local officials, coalition mem-

Connecting with the League also means connecting with your regional public affairs manager. For new members, this unit of the League provides a personal introduction to the organization and the many resources it offers. The regional public affairs managers help local officials learn about the League, its policymaking process and legislative priorities. The managers work with city officials who want to become involved with the League through their regional division as well as policy committees, special task forces, professional departments and the board of directors. The divisions bring together city officials quarterly if not more frequently for regional and legislative updates, giving city officials an opportunity to engage with their local colleagues and become more informed on substantive state policy issues. The regional public affairs managers also bring together city officials regionally to collaborate on common issues and concerns, which enhances local officials’ effectiveness when advocating for their cities at the state level. City officials in turn working with their regional public affairs manager help the League’s Sacramento staff understand how statewide issues play out locally. The powerful grassroots connection strengthens the League’s advocacy efforts, which are the cornerstone of its success. n

Eva Spiegel is communications director for the League and can be reached at <espiegel@cacities.org>. Bismarck Obando, director of the League’s Regional Public Affairs program, also contributed to this article.

League of California Cities

www.cacities.org

The League’s Regional Divisions and Staff Regional Divisions 1. Redwood Empire 2. Sacramento Valley 3. Central Valley 4. South San Joaquin Valley 5. Desert Mountain 6. Inland Empire 7. Riverside County 8. Imperial County 9. San Diego County 10. Orange County 11. Los Angeles County 12. Channel Counties 13. Monterey Bay 14. Peninsula 15. East Bay 16. North Bay

Regional divisions function as the League’s grassroots advocacy teams. They provide a way for city officials to get involved in grassroots activities that support the quality of life in their community. The divisions also provide the League board of directors with necessary input and counsel from a diverse range of perspectives among a membership dispersed throughout our large state. Divisions are staffed by League regional public affairs managers, who develop regional information programs and carry out grassroots activities to support specific legislative, regulatory and ballot measure goals. Divisions also participate in policy development by appointing representatives to the League board of directors and resolutions and policy committees. Bismarck Obando is the director of the League’s Regional Public 1 Affairs program. 2 The League’s divisions and their regional public affairs managers are: • Central Valley — Stephen Qualls; • Channel Counties — David Mullinax; • Desert Mountain — Nancy Cisneros; • East Bay — Eric Figueroa; • Imperial County — Catherine Hill; • Inland Empire — Nancy Cisneros; • Los Angeles County — Kristine Guerrero, Jeff Kiernan, Jennifer Quan; • Monterey Bay — Deanna Sessums;

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• North Bay — Nancy Hall Bennett; • Orange County — Tony Cárdenas; • Peninsula — Jessica Stanfill; • Redwood Empire — Mary Creasey; • Riverside County — David Willmon;

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• Sacramento Valley — Charles Anderson; • San Diego County — Catherine Hill; and • South San Joaquin Valley — Hilary Baird.

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For more information, visit the League website at www.cacities.org. For regional public affairs managers’ contact information, click on “Advocacy.” For division information, click on “Member Resources.”

www.westerncity.com

Western City, August 2011

Everyday Ethics for Local Officials

Gifts, Part IV

Rules Related to Gifts Of Travel

League of California Cities

www.cacities.org

his “Everyday Ethics” column is part of a year-long series on the law and ethics related to

public officials’ acceptance of gifts (see “About the Gift Series” on page 12). Earlier columns in the series are available at www.westerncity.com/gifts.

To comply with the gift rules, local officials should start by asking themselves five key questions (at right) to determine their course of action after receiving a nice gesture. Local officials should also ask an important sixth question: Are there public confidence reasons to decline the gift — regardless of what the rules might allow? And furthermore, will the donor expect something in return? Will the public or media perceive that the gift may affect my actions or my vote?

Key Issues Related to Gifts of Travel Anytime a public official travels at a free or discounted rate, he or she must be aware of and understand how the rules related to accepting travel “payments” apply. For purposes of this discussion, “travel” includes transportation, lodging, meals and/or other expenses associated with being on the road. Because the state law rules on gifts and travel speak in terms of “payments,” the official receives a “payment” for travel or related expenses anytime the official doesn’t pay the full cost of his or her travel. In some ways, the analysis for travel is no different than that for other types of gifts. However, with respect to travel, the rules can be different depending on the position you occupy in public service. It is wise to ask the same six questions (at right) that would apply in any gift situation. Careful consideration is required regarding question 4, because a number of specific rules applies to travel gifts. These rules relate to: • What kind of travel gifts a public official may not accept at all;

Key Gift-Related Questions for Local Officials To Ask 1. What’s the value of what I received? 2. Who gave me what I received? 3. Did I do something in exchange for what I received? 4. What kind of gift is it? (And do special rules apply as a result?) 5. Which of the permitted courses of action do I want to take with respect to the gift? 6. Regardless of what the law says, are there public perception issues that make it wise for me to decline this gift or gesture?

• What kinds are subject to the usual gift reporting requirements and limits; • What kinds may be reportable, but not subject to the annual limits; and • What kinds are sufficiently incidental that the law doesn’t require reporting or limitations. This article explains each of these rules. It can be easy to get bogged down in the analysis of whether a gift is reportable and/or subject to the annual dollar limit on gifts from a single source — in part because that may be the more immediate question in terms of your responsibilities. However, keep in mind that an equally important issue is whether accepting the gift will mean you must refrain from participating in any decisions involving the gift-giver — either under the law or in light of public perception. continued

This column is a service of the Institute for Local Government (ILG), whose mission is to promote good government at the local level. For more information and to access ILG’s resources on public service ethics, visit www.ca-ilg.org/trust. ILG thanks volunteer and retired City Attorney Michael Martello for his assistance with this article.

www.westerncity.com

Western City, August 2011

Gifts, Part IV: Rules Related to Gifts of Travel, continued

About the Gift Series Part I of the series discussed the ethical principles underlying the gift rules, prohibited actions and disclosure requirements with respect to gifts and the wide variety of gestures that qualify as gifts. It also addressed the options available to a public official who receives a gift the official would rather not disclose or that would exceed the annual $420 gift limit (question 5). Part I appeared in the February 2011 issue of Western City. Part II provided a more detailed discussion of the first three of the five practical questions, including the relevance of who gives the gift. For example, gifts from immediate family (as defined in the regulations) are not subject to reporting and limits, although there can also be an exception for those in “bona fide dating relationships” and for favors from neighbors. Part II appeared in the April 2011 issue. Part III addressed question 4 — the specific rules applicable to particular kinds of gifts — and covered home hospitality, informational material, bequests and inheritances, personalized plaques, prizes, raffles, wedding gifts and requests for contributions for charitable or governmental purposes. Part III appeared in the June 2011 issue. The remaining columns in this series will also address question 4. The October column will cover tickets to political and charitable fundraisers, tickets given to agencies and valuation of testimonial dinners and events, invitation-only events, and ceremonial functions. The December installment will conclude the coverage of question 4 by addressing gifts to public agencies.

League of California Cities

Prohibited Gifts: Travel From Transportation Companies When an official is offered free or discounted transportation, the official is well-advised to ask question 2: Who is offering me the travel? Different rules may apply to gifts of travel depending on who is the source of the gift. If the gift of travel is from a transportation carrier, a public official should be especially careful. State law forbids elected and appointed public officials from accepting free passes or discounted travel or shipping from transportation companies. The law dates back to California’s early history when railroad companies wielded considerable influence, some of which resulted from handing out free train trips and/or discounted shipping to public officials and decision-makers. In response, the state adopted an outright prohibition against public officials receiving gifts of transportation from transportation companies and common carriers. This prohibition applies to any kind of travel — personal, business or on behalf

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of one’s public agency — to any location, near or far. The rule applies both to elected and appointed public officers but not to employees. The penalty for accepting free transportation from transportation carriers is severe: forfeiture of office. However, sometimes the rule doesn’t apply. The chief exception applies when the transportation is given for reasons unrelated to the person’s status as a public official. The prohibition does not apply if the official receives the free or discounted travel as any other general member of the public would have received. In the following examples, the prohibition does not apply: • An elected official received a first-class airline upgrade because he was going on his honeymoon and the upgrade was given to all honeymooners. In this situation, however, the official should be careful not to disclose his or her official position when seeking the upgrade; • An elected official can receive free airline travel as the spouse of a flight attendant; and • An elected official can exchange frequent flier miles for an airline ticket. However, the prohibition did apply when an airline gave a first-class upgrade to a group of 20 VIPs traveling together and one of those VIPs was a mayor. Furthermore, the mayor could not escape the penalty by paying for the value of the upgrade after the fact when he learned of the prohibition. Satisfying yourself that it is OK to accept transportation remains the first and perhaps most important step of the analysis. The next steps involve determining how the Political Reform Act’s gift disclosure and gift limits apply, as well as whether accepting the gift requires your disqualification from decisions involving the gift-giver. Finally, there may be situations where the law allows a gift, but the public’s trust and confidence would be better served if the gift were nonetheless declined. continued

www.westerncity.com

Seek Professional Advice Although the Institute for Local Government endeavors to help local officials understand laws that apply to public service, its informational materials are not legal advice. In addition, attorneys can and do disagree on the best interpretation of the complex rules relating to public service ethics. Officials are encouraged to consult an attorney or the Fair Political Practices Commission for advice on specific situations.

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Western City, August 2011

Gifts, Part IV: Rules Related to Gifts of Travel, continued

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Gift Reporting Requirements and Gift Limits Under the Political Reform Act Gifts of travel expenses (for example, airfare, lodging, meals and entertainment) from non-transportation companies are generally subject to the Political Reform Act’s gift rules. This means: • Gifts of travel must be reported on an official’s Statement of Economic Interests; • Travel gifts are subject to annual gift limits ($420 per year for calendar years 2011 and 2012, for example); and • Receiving a gift of travel worth more than $420 (the 2011 and 2012 threshold) may also subject you to being disqualified from participating in a public agency decision involving the gift-giver. In addition, special disclosure requirements and restrictions apply when someone makes a gift of travel to a public agency (this will be covered in the December 2011 column).

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As with the rules related to travel passes from transportation companies, there are exceptions to at least two of the three rules listed earlier. Under certain circumstances, gifts of travel may not be subject to the disclosure requirements and under some circumstances, gifts of travel may not be subject to the annual monetary limit on gifts from a single source.

Other Gift Rule Analyses Apply As you consider the extent to which you can accept a gift of travel, keep in mind that the rest of the questions identified on page 11 apply. Thus, if your parents pay for a family vacation, you do not have to worry about the gift rules because they don’t apply to gifts from family.

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Exceptions: Types of Travel That Need Not Be Disclosed and Are Not Subject to the Limits The following types of travel payments are not subject to the dollar limitation ($420 for the calendar years 2011 and 2012) on the receipt of gifts from a single source over the course of a year, and they need not be reported on an official’s annual Statement of Economic Interests. Travel Reimbursements From 501(c)(3) Organizations in Connection With Volunteer Service. Travel payments by 501(c)(3) organizations need not be reported and are not subject to the annual gift dollar-amount limit when an official

is providing services to the nonprofit that equal or exceed the value of that travel. Employee Travel Expenses Paid by Your Public Agency as Part of Your Public Service (Including Speeches). When public employees travel as part of their work, such travel payments are not reportable as gifts or income on an employee’s Statement of Economic Interests and are not subject to limits. Note that the expenses are considered “necessary” by the Fair Political Practices Commission (FPPC) if they occur the day of the presentation, the day before and the day after.

Free admission, refreshments or similar non-cash nominal benefits you receive while attending an event at which you deliver a speech or participate in a panel or seminar are similarly exempt from gift limit and reporting requirements. These travel expenses are not reportable as gifts on an employee’s Statement of Economic Interests. This exception is not available for elected officials and top-level staff (see the paragraph on speech-related travel expenses on pages 16 and 31 — public agency attorneys refer to these individuals as “section 87200 filers”). continued

Gifts of travel expenses (for example, airfare, lodging, meals and entertainment) from non-transportation companies are generally subject to the Political Reform Act’s gift rules.

Helpful Chart and Footnotes Online A handy chart explaining these rules, along with footnotes, additional information and sample materials related to gift issues for local officials are available in the online version of this article at www.westerncity.com/gifts.

Western City, August 2011

Gifts, Part IV: Rules Related to Gifts of Travel, continued

Reminder About the Honoraria Prohibition As you contemplate the special exceptions to the gift rules connected with travel to make presentations, you also need to be aware of the general prohibition against accepting compensation for giving a speech, writing an article, or attending a public or private conference or other event. For more information, visit the Fair Political Practices Commission website at http:// www.fppc.ca.gov/factsheets/LocalOfficialsFactSheet.pdf.

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Travel Payments Provided to the Official in Connection With Campaign Activities. When a supporter provides travel, such in-kind support must be reported in accordance with campaign disclosure requirements. It is not, however, subject to the gift limit, reporting and disqualifications requirements.

Travel That Is Not Subject to Annual Limits but Must Be Disclosed in Some Way Business Travel. Travel in connection with an official’s business or profession is not considered a gift to public officials and is not reportable or subject to the gift limits. The business or profession must be “bona fide” (presumably meaning not contrived simply for the purpose of accepting travel payments), and the travel must be such that it would qualify as deductible under federal tax laws. The FPPC advises that these payments are more akin to income and should be reported as such on the official’s Statement of Economic Interests. Travel Expenses for Those Who Give a Speech in the United States. Similarly, the FPPC rules recognize that it can be useful for public officials to travel within the United States to make speeches on continued on page 31

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Social Media: Balancing The Rights of Employers And Employees

by Pilar Morin and Elizabeth T. Arce

mployees’ personal use of social media — such as Facebook, Twitter and blogs — is creating significant

challenges for employers. Whenever society embraces new technology it takes some time for the law to

catch up. This is certainly the case with social media. As a result, private and public agency employers have been scrambling to develop guidelines to regulate employee personal use of social media that hurts the employer’s business interests.

When drafting and implementing social media guidelines, employers should keep two things in mind: employees’ rights to discuss the terms and conditions of their employment, and employees’ electronic privacy rights.

Employees’ Rights to Join Together Section 7 of the National Labor Relations Act (NLRA) gives employees the right to “engage in … concerted activities for the purpose of mutual aid or protection.” In other words, this provision protects employee rights to act together to improve their working terms and conditions, including wages and benefits. The NLRA applies to both unionized and non-unionized employees. Several recent National Labor Relations Board continued

Pilar Morin and Elizabeth T. Arce are attorneys with Liebert Cassidy Whitmore, a California labor and employment law firm representing public agency management. Morin can be reached at <pmorin@lcwlegal.com>. Arce can be reached at <earce@lcwlegal.com>.

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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.

Western City, August 2011

Social Media: Balancing the Rights of Employers and Employees, continued

(NLRB) cases against private employers highlight how the protections of section 7 apply in the context of social media: • Lee Enterprises, Inc., dba Arizona Daily Star, involves a reporter who was terminated because he posted sarcastic and unprofessional messages on Twitter. The employer did not have a social media policy, but told the employee not to tweet about “anything work related.” The employer terminated the reporter after he continued to make inappropriate comments on Twitter about public safety issues he was covering. On April 21, 2011, the NLRB’s General Counsel Division of Advice opined that the complaint should be dismissed because the employee’s Twitter communications did not involve the terms and conditions of his employment or concerted activity. • Hispanics United of Buffalo concerns a complaint alleging that a nonprofit fired five employees after they engaged in concerted activity discussing the terms and conditions of their employment by criticizing workload and staffing issues on their Facebook pages. • Knauz BMW involves a complaint against a car dealership for firing an employee after he posted photographs and comments on Facebook criticizing a promotional event due to his concerns about the effect it would have on commissions. The complaint alleges that the communications were protected because it pertained to the terms and conditions of employment and involved other employees. • American Medical Response of Connecticut, Inc., concerns a complaint against an ambulance company, American Medical Response of Connecticut (AMR), for firing an employee after she

Looking for Footnotes? A fully footnoted version of this article is available online at www.westerncity.com.

League of California Cities

posted vulgar and negative comments about her supervisor and employer on her Facebook page. The company terminated the employee on the grounds that her Facebook postings violated the company’s blogging and Internet posting policies. Ultimately, AMR agreed to revise the broad language of its policy to ensure it did not improperly restrict employees from discussing their wages, hours and working conditions with co-workers on their social media pages. AMR also agreed not to discipline employees for posting such comments. These cases provide the following guidance to employers. • Employers should include a statement in their social media policy that informs employees that the policy is not intended to and will not be applied to improperly restrict employees from engaging in concerted activity, including discussing their wages, hours and working conditions with other employees. • The language of the policy should not be overly broad. For example, language that prohibits comments that “disparage” the employer may be construed to discourage employees engaging in protected activity, such as discussing their wages and other work conditions. • Employers should keep in mind that language used in the context of an employee’s discussion of the terms and conditions of his employment with other employees will likely be protected, even when some of the language used may be angry, vulgar, derogatory or otherwise unprofessional.

Despite an employee’s right to discuss wages and working conditions under the NLRA and California Labor Code sections 232 and 232.5, public agency employers can still effectively draft a social media policy that balances the rights of both the agency and employee. Properly worded policies may set limits on an employee’s personal social media conduct to protect the public agency’s legitimate business interests, as long as that conduct is unrelated to employee efforts to join together to discuss the terms and conditions of their employment. Courts have recognized exceptions to section 7 protections when the employee’s statements breach confidentiality or are malicious, reckless or false. Consequently, social media policies may prohibit employees from posting statements on personal social media sites that are untrue and/or disclose confidential or proprietary employer information. Such statements can undermine the agency’s mission, purpose and reputation. Public agencies may also discipline employees for social media use that violates other policies, such as discrimination, harassment or workplace violence policies.

Employee Privacy Rights in Stored Communications Under the Stored Communications Act (SCA), it is illegal to intentionally: • Access without valid authorization a facility through which an electronic communication service is provided; or • Exceed an authorization to access that facility, thereby obtaining an electronic communication while it is in electronic storage in such a system.

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The SCA also prohibits “electronic communication service providers” from divulging, either voluntarily or in response to a subpoena, private messages communicated via social networking sites that are not readily accessible to the public. An employer should follow these guidelines to avoid violating the SCA: • Employers should view only publicly posted messages on social media sites; • Employers should never “borrow” the password of a third-party friend or contact of the employee to gain access to a social media page. Only the user can provide such authorization; • Employers should not use false pretenses or false identity to gain access to employee social media pages;

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• Employers should comply with the terms of use of the social media site they are monitoring; and • Employers can view material accessed by employees and captured on the employers’ network if they have an electronic communications use policy that puts employees on notice for such monitoring.

Conclusion A social media policy is an important tool that allows all employers, including public agencies, to protect their brand, reputation and mission. Employers can manage the risks and challenges arising from employee use of social media by adopting a policy, regularly auditing and updating the policy, and providing training to their employees about responsible social media use. n

More Resources Online For additional information and links to related resources, read the online version of this article at www.westerncity.com.

Western City, August 2011

2011ANNUAL CONFERENCE & EXPOSITION League of California Cities 2011 Annual Conference & Expo Preview by Helen Marshall and Lorraine Okabe

Sept. 21–23, Moscone West Convention Center, San Francisco

This year’s conference theme, “Cities Standing Strong for Cities,” emphasizes the combined strength of California’s municipalities as they work together to solve problems, advocate for their communities, defend local control and protect vital services.

The conference offers more than 40 break-out sessions addressing issues from city services and social media to pensions, parking, libraries and economic development. Programming tracks geared toward human resources professionals, city attorneys and fire chiefs are also featured this year. First-time attendees can expect to network with elected officials and staff from other cities and learn about a wide range of products and services that can save time and money. All conference attendees will benefit from the opportunity to share information and resources and hear experts discuss issues that affect cities throughout California.

Conference Highlights Conference registration opens Wednesday, Sept. 21. An orientation session at 12:30 p.m. will help first-time attendees navigate the conference and learn about the League. Other events of interest include policy committee meetings and concurrent municipal department meetings (conference registration is required to attend these meetings). The opening General Session includes a welcome from League Board President and Modesto Mayor Jim Ridenour and presentation of the annual report by Executive Director Chris McKenzie. Featured speaker Chris Vein promises to provide valuable resources and tools attendees can put to work right away. Vein is the deputy U.S. chief technology officer for government innovation in the White House Office of Science and Technology Policy. Prior to joining the White House, he was the chief information officer for the City and

Helen Marshall is conference logistics manager for the League and can be reached at <MarshalH@cacities.org>. Lorraine Okabe is conference program director and librarian for the League and can be reached at <lokabe@cacities.org>.

League of California Cities

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County of San Francisco, where he led efforts including the use of new media platforms and open-source applications, creation of new models for expanding digital inclusion, and an emphasis on green technology. On Thursday, Sept. 22, conference activities include numerous concurrent sessions on practical topics such as labor negotiations, engaging volunteers as a strategic resource for cities, and more. The morning’s General Session features speaker Dave Barry, a syndicated columnist for 25 years and Pulitzer Prize winner. The Expo opens at 11:00 a.m. and showcases more than 200 exhibitors’ products and services designed to help cities increase efficiency and better serve their residents. After a full day of sessions, evening events sponsored by the League’s diversity caucuses offer opportunities to network with colleagues. Friday, Sept. 23 begins with regional division networking breakfasts, followed by concurrent sessions on a wide range of issues of interest to cities. The Expo concludes with a lunch, followed by afternoon concurrent sessions. The closing track of sessions features speaker Dom Sagolla, who helped create Twitter in 2006 and wrote the book 140 Characters: A Style Guide for the Short Form. Learn how elected officials are using Twitter to engage their communities, create buzz around issues and win campaigns.

Helen Putnam Award for Excellence The Helen Putnam Award for Excellence recognizes innovative city projects that deliver the highest quality and level of service in the most effective manner possible. Winners of this prestigious award will host displays in the League Partners Village on the Expo floor. Be sure to visit these exhibits and take advantage of the opportunity to learn firsthand how your city might adopt these successful approaches.

The closing General Session also includes the swearing-in of the new board of directors and the concluding Annual Business Meeting, where each member city has a voice in setting League policy for the upcoming year (see “How to Participate in the League’s Annual Conference Resolutions Process” on page 22). It is critically important that each city send at least one delegate to the conference to represent its position on issues under consideration at this meeting. Voting delegates must register for the conference and stay until the meeting concludes. The conference concludes at 4:00 p.m. continued

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Western City, August 2011

League of California Cities 2011 Annual Conference & Expo Preview, continued

How to Participate in the League’s Annual Conference Resolutions Process Policy development is a key part of the League’s legislative advocacy. The League’s Annual Conference Resolutions process is one way that city officials participate directly in developing League policy.

Submission of Resolutions Any elected or appointed city official, individual city, division, department, policy committee or the board of directors may submit a resolution for consideration at the conference. Resolutions must be submitted to the League’s Sacramento office no later than 60 days prior to the opening of the conference. Resolutions should focus on municipal issues of statewide importance and are distributed to city officials and posted on the League website in early August.

Consideration of Resolutions The League president refers the resolutions to the League policy committees for review and recommendation at the conference. Resolutions are next considered by the General Resolutions Committee (GRC), which comprises representatives from each division, department and policy committee and includes individuals appointed by the League president. Resolutions that are approved by the GRC, and resolutions that are approved by the policy committees, but not approved by the GRC, are next considered by the General Assembly. Resolutions approved by the General Assembly become League policy. Other actions on resolutions include: refer back to a policy committee; amend; disapprove; or no action.

Late-Breaking Issues Resolutions to address late-breaking issues may be introduced by petition at the Annual Conference. To qualify, a petitioned resolution must be signed by 10 percent of the voting delegates and submitted at least 24 hours before the beginning of the Concluding General Assembly (deadline: 2:30 p.m., Thursday, Sept. 22). All qualified petitioned resolutions are forwarded to the General Assembly for consideration, regardless of the action recommended by the GRC. The petitioned resolution process should be reserved for truly late-breaking issues. If the parliamentarian finds that a petitioned resolution is identical or significantly similar in substance to a resolution already under consideration, the General Resolutions Committee may disqualify it. City officials consider policy resolutions at the Annual Business Meeting. Bottom League First Vice President Mike Kasperzak casts his city’s vote.

For More Information Check out the latest schedule of events listing content, sessions and speakers at www.cacities.org/ac. Tweet with us at #CaCitiesAnnual. To register for any League conference visit www.cacities.org/ events. Priority hotels fill quickly, and conference registration is required prior to reserving hotel space. n

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At the Conference Wednesday, Sept. 21 Policy committees meet to review resolutions and make recommendations to the General Resolutions Committee.

9:00–10:30 a.m. “Thursday” committees meet. 11:00–12:30 p.m. “Friday” committees meet.

Thursday, Sept. 22, 2:30 p.m. Deadline to submit signatures to qualify a petitioned resolution. Thursday, Sept. 22, 4:00 p.m. General Resolutions Committee meets to consider and make recommendations on resolutions. Friday, Sept. 23, 2:30 p.m. Cities consider and vote on resolutions at the Annual Business Meeting.

Exposition Exhibitors League Partners appear in bold. AAA Flag & Banner ACS, A Xerox Company AECOM AP Wireless Infrastructure Partners AT&T2 Adams Ashby Group AIRCON ENERGY Alamo Capital American Fidelity Assurance Company2 Ameron Pole Products Asphalt Zipper Association of California Water Agencies (ACWA) Atkins Avery Associates2 BSA Architects - Bull Stockwell Allen Badger Meter, Inc. Bay Area Environmental Training Center Best Best & Krieger, LLP1 BigBelly Solar Blackboard Connect for Government Blais & Associates Bob Murray & Associates Bureau Veritas Burke, Williams & Sorensen, LLP1 Buxton CH2M HILL CMB Regional Centers CPS HR Consulting CRW Systems, Inc. CSAC Excess Insurance Authority CSG Consultants, Inc. California Building Officials California Contract Cities Association California Communities/ U.S. Communities California Department of General Services - Statewide Travel Program

California Department of General Services/Cal-Card California Department of Housing & Community Development California Fuel Cell Partnership California Joint Powers Insurance Authority California Prison Industry Authority California Product Stewardship Council CalPERS CalTRUST Cardiac Science Corporation Carl Warren & Company Carollo Engineers Charles Abbott Associates2 Chevron Energy Solutions CirclePoint CivicPlus Clarke Clean Energy CleanStreet Climatec Building Technologies Group Coast2Coast Diagnostics Comcate, Inc. Coplogic, Inc. Coulomb Technologies, Inc. Credit Bureau Associates Crown Disposal-South Bay Recycling2 DRI Energy DYK/Natgun, Division of DN Tanks Dapeer, Rosenblit & Litvak, LLP Dart Container Corp. David Taussig & Associates, Inc. Davis Instruments Corporation De La Rosa & Co. Digital Ally, Inc. DriWater Inc. Dunn-Edwards Corporation eCivis Edge Development Emergency Services

Consulting International Empower Electronics, Inc. EnLink Geoenergy Services, Inc. Erler & Kalinowski, Inc. Field Paoli Architects Gallagher Asphalt Corporation George Hills Company, Inc. Global Water FATHOM Goldfarb & Lipman LLP Goodman Ball Inc. GovDeals, Inc. Graphic Solutions Grasshopper Company Griffin Structures HdL Companies HF&H Consultants, LLC HMC+Beverly Prior Architects HR Green Harris & Associates Honeywell Building Solutions Honor Life Recognition HydroPoint Data Systems IBM ING IPD Icount.com In God We Trust-America, Inc. Independent Cities Risk Management Authority Innovative Claim Solutions Itron, Inc. JT2 Integrated Resources Johnson Controls Jones & Mayer Jones Hall, A Professional Law Corporation2 Jones Lang LaSalle Kaiser Permanente Keenan & Associates2 Keyser Marston Associates, Inc. Kingsun Optoelectronic Co., Ltd.

1â&#x20AC;&#x201C;Institute for Local Government Partner 2â&#x20AC;&#x201C;CITIPAC supporter. List current as of July 15, 2011. Visit www.cacities.org/AC for more information. www.westerncity.com

continued

Western City, August 2011

Exposition Exhibitors, continued

LINC Housing LPA, Inc. LSA Associates, Inc. Lake Traffic Solutions Laserfiche Leavitt Insurance Services of Los Angeles Leotek Electonics USA Corp. Library Systems & Services Liebert Cassidy Whitmore1 Lincoln Institute of Land Policy MCE Corporation MGT of America Material and Contract Services Matrix Consulting Group Merriwether + Williams Ins. Svcs. Inc. Meyers Nave1,2 MINDMIXER

MuniLink, League of California Cities MuniServices NBS National Public Employee Labor Relations Association (NPELRA) Next 10 Northern California Carpenters Regional Council Omni-Means, Ltd. One Work Place Otto Environmental Systems North America, Inc. PACE PARS PARSAC PDE Electrical Contractors - Green Energy Solutions Contractor PERC Water

Pacific Conflict Management Pacific Gas and Electric Company Paragon Partners Ltd. Parkeon PetData Phillips HADCO Piper Jaffray Public Financial Management, Inc. Public Restroom Company QPCS, LLC Q-STAR Technology Quad Knopf Quincy Engineering, Inc. RBF Consulting RJM Design Group, Inc. RKA Consulting Group Radarsign, LLC

1–Institute for Local Government Partner 2–CITIPAC supporter. List current as of July 15, 2011. Visit www.cacities.org/AC for more information.

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League of California Cities

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Ralph Andersen and Associates Recology™2 RedFlex Traffic Systems Republic ITS Republic Services2 Responsible Hospitality Institute Ropers, Majeski, Kohn & Bentley Rosenow Spevacek Group, Inc. Safeguard Properties Schaefer Systems International, Inc. Schneider Electric SCS Engineers SSA Landscape Architects, Inc. Severn Trent Services Sharp Electronics Corporation Siemens Sierra Display, Inc. SmartCitiesPrevail.org Smartcover by Hadronex SolarCity

Solid Terrain Modeling, Inc. Southern CA Concrete Producers Southern California Edison SouthWest Water Company2 Sportsplex USA Stantec Sternberg Lighting Stone & Youngberg, LLC Streetline, Inc. StreetSmart Technology, LLC Sustainable City Network Swinerton Management & Consulting2 SyTech Solutions TCPN (The Cooperative Purchasing Network) T-Mobile TNT Fireworks The Pin Center The United States Conference of Mayors Toter, Inc.

Traffic Logix TRAMUTOLA Transtech Engineers, Inc.2 Tribal Alliance of Sovereign Indian Nations U-Haul International USA North United Water Services University of La Verne Vali Cooper & Associates, Inc. Vanir Construction Management, Inc. VenueTech Management Group Veolia Water North America WLC Architects Waste Management West Coast Arborists, Inc. Westpac (LED) Lighting, Inc. Willdan2 Winzler & Kelly n

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Western City, August 2011

Contracting out for landscaping maintenance services yielded surprising, positive results.

San Carlos Takes a Different Approach To Cost Cutting

by Brian Moura

ike many communities in California, the City of San Carlos (pop. 28,406) has faced some serious

budgetary challenges in recent years. The economic downturn meant that key revenues including

sales tax and investment income had declined and the formerly dependable year-to-year growth in property tax revenue had ceased â&#x20AC;&#x201D; but costs continued to grow.

San Carlos responded by significantly cutting departmental budgets, particularly those outside fire and police services. The city tapped some short-term funds and reserves in the hope of an economic turnaround, which did not materialize.

Four revenue measures were proposed, but voters did not approve them. Despite these efforts, a $3.5 million structural budget deficit remained. The city needed a new strategy.

Evaluating Options In San Carlos, the city manager and department heads began developing options for the city council to consider. Staff presented these options to the

Brian Moura is assistant city manager for the City of San Carlos and can be reached at <BMoura@cityofsancarlos.org>. Moura is leading the fire services phase of the cityâ&#x20AC;&#x2122;s shared services project.

League of California Cities

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council and the community in March 2010 at two all-day budget workshops, which were held on Saturdays to encourage public participation. At the workshops, staff offered the council two choices. The first was to explore shared services with neighboring cities and the county as well as contracts with the private sector for city services. The alternative involved making more dramatic service cuts that could include closing a community center (youth center or adult community center) and several parks as well as more drastic reductions in every city department. After deliberations at the public budget workshops concluded, the city council voted to explore shared and contract services.

Advice From San Carlos Question assumptions about what your city has already done or is doing now. A shared department isn’t always cheaper — contracting out might be more cost-effective. Set specific targets for savings and levels of service. Examine and evaluate a variety of options for different service areas.

If you can demonstrate that services can be maintained through shared or contract services, residents are willing to consider such a project.

Identifying Potential Savings A review of the city’s budget revealed that some service areas, including administration and public works, had already been cut by up to 30 percent in recent years, leaving few options for further cuts. But opportunities for cost savings, including new ways of delivering services, appeared feasible in areas like parks maintenance. City leaders then examined public safety services. This portion of the budget had grown faster than any other in the same period. Police Department costs had grown by 20 percent and Fire Department costs had increased by more than 30 percent in the past five years. While these are vitally important services, cost increases of this magnitude could not be sustained at a time when the city’s General Fund revenues were flat or declining. Clearly, police and fire services had to be on the table. The city manager and department heads developed a series of budget-savings benchmarks that mapped out how the $3.5 million structural deficit would be resolved. They believed that the city could annually save: • $2 million on police services; • $1 million on fire services; and • $500,000 on parks maintenance.

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The city council reviewed the plan, approved it and directed the city manager and department heads to proceed.

Making Decisions, Getting Results Parks Maintenance. A Request for Proposals (RFP) was developed to provide parks maintenance without reducing the level of service. San Carlos issued the RFP to neighboring cities, the county and private landscape maintenance contractors. City employees in the parks maintenance work unit were also given an opportunity to respond to the RFP. Of those invited to submit proposals, only private landscape contractors responded. The city selected a contractor to provide landscape services starting Oct. 1, 2010. The contractor offered a service package that would reduce the annual cost by $500,000 per year. In addition, because the contractor was providing the same number of people as the city had employed, and these services had to be provided regardless of whether the employees were taking time off, the city actually gained another 5,000 hours of maintenance service per year. This resulted in an even higher level of service at a lower cost.

Police Department. Due to the nature of police services, the city focused its outreach efforts on discussions with neighboring cities and San Mateo County. The city did not issue an RFP because only two agencies, the San Mateo County Sheriff ’s Office and neighboring Redwood City, expressed interest. Both agencies developed plans that could match the San Carlos Police Department services and deliver the $2 million yearly cost savings. In fact, both agencies exceeded this savings target by using shared management and resources. The city selected the county sheriff to provide police services in San Carlos, starting Nov. 1, 2010. Because savings exceeded the city’s original goals, San Carlos used some of these resources to reestablish services that had been unavailable in the community in recent years through the city Police Department. This included restoring: • A traffic officer to increase enforcement; • The Police Athletic League to maintain closer ties with local youth; and • A school resource officer to serve as a liaison between law enforcement and schools. continued

Western City, August 2011

San Carlos Takes a Different Approach to Cost Cutting, continued

San Carlos also used the savings to set up a police substation at city hall, with a captain, a sergeant and an administrator, so law enforcement would have a local presence and residents would not have to go to Redwood City to access police services. Fire Department. San Carlos was providing fire services through a shared department with the City of Belmont. Several agencies expressed interest in becoming the new service provider, so a formal RFP was needed. The city retained a consulting firm to develop specifications for the future fire services, draft the RFP and provide advice on selecting the future provider. The city explored many options, including:

San Mateo County sheriffs participate in a swearing-in ceremony on Nov. 1, 2010.

• Re-establishing a city Fire Department; • Cutting expenses at the Fire Department it was sharing with the City of Belmont; • Obtaining services from a private provider that previously submitted an unsolicited proposal; and • Having a city Fire Department managed by a neighboring Fire Department. In all, staff evaluated 20 different service options, with most providing both an equal or higher level of fire services and $1 million or more in annual savings. The city ultimately selected re-establishing a city Fire Department managed by neighboring Redwood City as the best option. This new department will begin serving San Carlos in October 2011.

Providing Recreation Services to Another City While San Carlos was exploring options, the City of Half Moon Bay also issued RFPs for contract services, including one for contract recreation services. Doug Long, director of the San Carlos Parks and Recreation Department, saw the recreation RFP and recognized this might be an excellent opportunity for his city. Long had provided shared recreation services to a neighboring city in his previous

League of California Cities

job, so he sought and received approval to propose these services to Half Moon Bay. Using a unique approach of trading staff and management services for a share of revenue from classes, events and facility management, San Carlos was awarded this contract as the service provider. The new agreement, which starts in August 2011, will save Half Moon Bay more than $200,000 annually and allow San Carlos to leverage existing staff and bring in $75,000 per year in needed revenues.

Lessons Learned The shared and contract services project in San Carlos has been a big success. In just over a year, the city has gone from a budget with a structural deficit of $3.5 million per year to a surplus of $400,000 in the first year, with somewhat larger surpluses projected in future years. The city gleaned three key lessons from the process: 1. Residents are most concerned about the level of services provided. If you can demonstrate that services can be maintained through shared or contract services, residents are willing to consider such a project.

2. It’s important to set benchmarks and stay focused. Throughout the project, the test of each proposal and option was: Does it maintain or increase services to the public, and does it meet or exceed the savings benchmark? All four of the service approaches developed and selected by San Carlos met these tests. 3. Ignoring conventional wisdom can yield innovative, positive results. San Carlos did this by contracting with a private firm for landscaping, which some people might say would reduce the level of service; undoing a shared fire department, because the hybrid city department managed by a larger city offered a superior approach; and becoming a services provider, despite the fact that San Carlos is a small city. Addressing today’s challenges of reduced revenues, increased expenses and a flat economy — often called “the new normal” — is not easy. But the San Carlos shared services project shows that with creativity, focus and some political courage, it is indeed possible. n

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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 magazine, it will be posted at no additional charge on our website. For rates and deadlines, visit www.westerncity.com and click on the “Advertise” link.

Display and Classified Advertising

Website Job Postings

Call Pam Maxwell-Blodgett at (800) 2621801 to place a display (boxed) ad or for rate and deadline information. Or e-mail: <admanager@westerncity.com>.

Display and classified 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.

Call Sara Rounds at (916) 658-8223 for classified advertisements. Columntype classified ads are $18 per line with a five-line minimum (approximately 35 characters per line). You must call to confirm receipt.

To post your job opportunity ad on our automated website, visit www.western city.com or e-mail <info@westerncity. com> for more information.

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Fire Chief, City of Lodi, CA

The City of Santa Barbara, one of California’s most scenic and desirable communities with a population of 91,000 is seeking a visionary and innovative leader for the position of:

WATERFRONT DIRECTOR Visit the City of Santa Barbara website for detailed information regarding this exciting opportunity: www.santabarbaraca.gov/jobs

www.westerncity.com

The historic, charming, and unique City of Lodi is home to 63,000 residents. Lodi is ideally located 34 miles south of Sacramento, 10 miles north of Stockton, and 90 miles east of San Francisco. The City is seeking an experienced Fire Chief to oversee 59 full-time personnel and an operating budget of $9,247,770. The ideal candidate will lead by example and be a strong mentor to individuals in the department. The City is seeking individuals who will maintain a high level of discipline and morale, but at the same time will be approachable and maintain an open-door policy with all staff. A fair and impartial executive who fits in with a high-performing management team and keeps the City Manager well-informed will function well. In addition, the City will value a Chief who can build upon the Department’s successes as well as look towards the future. Five years of increasingly responsible fire administration and supervisory experience, and two years at the rank of a Battalion Chief or higher is preferred. A Bachelor’s degree in fire science, public administration and/or a closely related field is required. The salary for the Fire Chief is open and is dependent upon qualifications. The City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply on line at www.bobmurrayassoc.com. Please contact Mr. Regan Williams at (916) 784-9080 should you have any questions. Brochure available. Closing date August 19, 2011. phone 916 •784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Western City, August 2011

City Attorney, Walnut Creek, CA Walnut Creek is a thriving suburban community located 25 miles east of San Francisco. Its 66,000 residents enjoy an exceptional quality of life that has become a hallmark of the City. Walnut Creek is now seeking a new City Attorney. The City Council seeks an exceptional attorney with demonstrated expertise in municipal law, including land use, development, environmental law, elections and public records, personnel law, code enforcement, public safety, risk management, litigation, contract development and review, and open meetings law. The Council seeks candidates that are open, transparent, collaborative, and committed to working as part of a team. Previous experience in a public agency setting is desirable, but not required. The salary for the City Attorney is open and is dependent upon qualifications. If you are interested in this outstanding opportunity, please apply on line at: www.bobmurrayassoc.com Please contact: Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date: August 19, 2011.

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City of Fullerton

The City of Fullerton seeks an innovative Park and Recreation professional to lead a department with a $7.5 million operating and $50 million capital improvement budget. Candidates with creative ideas for delivering recreation, family, senior, and cultural services in a community with a rich history and promising future are invited to apply. Qualifications – eight years related experience/three years at the mid-management level plus a Bachelor’s degree in a related field. The application package is available at http://www.cityoffullerton.com Salary DOQ. For further information please contact Human Resources at 714.738.6361. Filing deadline – August 30, 2011.

Community Development Director City of San Luis Obispo, CA One of California’s most desirable communities is seeking a new Community Development Director. Located in the renowned Central Coast region, the City of San Luis Obispo is home to a population of 44,697. San Luis Obispo provides the full range of traditional municipal services with the assistance of 352 full-time staff and a general fund budget of $50.2 million. The Community Development Department is supported by 22 employees. Long recognized for its high standards and collaborative approach to planning, the City is desirous of attracting visionary and team oriented planning professionals of exceptional caliber. This leadership role demands outstanding interpersonal and organizational skills to ensure success. Five years of increasingly responsible local government management experience and a Bachelor’s degree in a relevant discipline are required. A Master’s degree is preferred. The salary range goes up to $154,544 and is supplemented by a competitive benefits package. This recruitment will close on Sunday, August 14, 2011. Visit www.tbcrecruiting.com for more information and to apply online.

phone 916 •784•9080 fax 916•784•1985 www.bobmurrayassoc.com

League of California Cities

Teri Black-Brann • 310.377.2612 Steve Parker • 949.322.8794 www.tbcrecruiting.com

www.cacities.org

Gifts, Part IV: Rules Related to Gifts of Travel, continued from page 16

government or policy matters, as long as their travel doesn’t exceed three days (the day of the speech, the day before and the day after). However, unless the official pays for the travel and expenses out of his or her own pocket, the public is entitled to know how much of this kind of traveling an official does. As a result, the official must report the amount of travel payments received on his or her Statement of Economic Interests. Although the amounts are not subject to the annual gift limit, these travel payments must be reported either on the travel reimbursement schedule (schedule E) or as gifts or income on one’s Statement of Economic Interests. Elected officials, local government department heads and public employees who file Statements of Economic Interests all fall within this rule. Travel Expenses for Other Government-Related Trips. Although not subject to annual dollar limits on gifts, certain types of travel payments must be reported either on a travel reimbursement schedule (schedule E) or as gifts or income on one’s Statement of Economic Interests. This includes payments for travel that is: • Related to a legislative or governmental purpose or to an issue of state, national or international public policy; and • Paid for by a governmental, educational or 501(c)(3) charitable nonprofit organization. continued

There may be situations where the law allows a gift, but the public’s trust and confidence would be better served if the gift were nonetheless declined.

E S

Killeen, Texas CITY MANAGER Killeen, Texas (pop. 120,000), a diverse and vibrant community located in Bell County and adjacent to Fort Hood, is seeking an experienced and collaborative professional to serve as City Manager. The third fastest growing city in Texas, the City is actively engaged in regional and local transportation improvements, and is seeking to revitalize their downtown. A full-service, Charter City with a directly elected Mayor and a seven member City Council, Killeen operates with over 1,200 employees and a $135 million FY10-11 budget. The ideal candidate will be a seasoned local government management professional with experience in comparable communities, especially those that have experienced rapid growth and have a military presence. This strong leader will bring significant fiscal management, economic development, interpersonal, and communication skills, as well as an ability to work closely and effectively with the City staff and the community. Bachelor’s degree required; Master’s degree desirable. Salary negotiable based on the qualifications of the successful candidate. The City offers an extensive benefit package. Detailed brochure available.

For more information, contact Pam Derby 241 Lathrop Way Sacramento, CA 95815 Tel: 916 / 263-1401 Fax: 916 / 561-7205 E-mail: resumes@cps.ca.gov

www.cps.ca.gov/search City of Killeen web site: www.killeen.tx.us

Please submit cover letter, resume, current salary and six work-related references by Friday, August 19, 2011.

Director of Finance/City Treasurer City of Laguna nigueL, Ca

Salary: Up to $153,804 plus excellent benefit package Laguna Niguel (Population 63,000) is a master planned community nestled in the coastal foothills of beautiful South Orange County. Laguna Niguel is a contract city with 59 full-time employees, a $41 million annual budget, healthy reserves and no debt. Reporting directly to the City Manager, the Director of Finance/City Treasurer is responsible for managing all activities and operations of the Finance Department including: development and administration of the City’s Operating and Capital Improvement Budgets; preparation of the City’s 5-Year Revenue and Expenditure Forecast; oversight of the City’s financial management and accounting system; preparation of the City’s Comprehensive Annual Financial Report (CAFR); management of the City’s investment portfolio; and oversight of the City’s information technology function. The Director also provides support to a Citizen Investment, Banking and Audit Committee. The Finance Department has five (5) full-time employees and an annual budget of $933,000. This is a “hands on” Department Head position. The ideal candidate will be an experienced municipal finance professional with senior management and supervisory experience, strong interpersonal skills, and a collaborative approach. A Bachelor’s Degree in accounting, finance, public or business administration or related field is required. Possession of a CPA License is desirable. Please E-Mail your cover letter and resume to manager@ci.laguna-niguel.ca.us or send to: City of Laguna Niguel, City Manager’s Office, 27801 La Paz Road, Laguna Niguel, CA 92677

Filing Deadline: Wednesday, August 31, 2011. For additional information about the position or the City, please visit www.ci.laguna-niguel.ca.us or call (949) 362-4300.

www.westerncity.com

Western City, August 2011

Gifts, Part IV: Rules Related to Gifts of Travel, continued

Travel and Meals Received in Conjunction With Nonprofit Service. When a public official receives travel or meals in conjunction with service to a nonprofit organization (for example, in connection with association activities), the FPPC

has opined that such payments may be reported as income (as opposed to gifts) if the official can show he or she provided services of equal or greater value to the association. An official could report it as a gift, according to the FPPC, but

Director, Department of Planning and Development, County of Santa Clara, CA Santa Clara County (population 1.7 million) is located at the southern end of the San Francisco Bay and is known worldwide as the “Silicon Valley.” The County is seeking a Director, Department of Planning and Development to oversee its seven divisions, 86.5 employees, 7 contracted Fire Marshal staff, and a budget of $19.8 million. The County desires a candidate who can provide direction, coaching, and mentorship for staff of the Department and who will maintain a positive working relationship with employees in a union environment. Candidates must show emotional maturity, forthrightness, intelligence, and a commitment to hard work. Candidates for this position will typically possess education and experience equivalent to a Bachelor’s degree in Planning, Architecture, Landscape Architecture, Public Administration, Civil Engineering, or a closely related field. A minimum of four years’ recent experience managing staff in a multi-disciplinary department is required. The salary range for the Director, Department of Planning and Development position is $138,975.20 $178,334.04; placement within the range is dependent upon qualifications. If you are interested in this outstanding opportunity, please apply on line at www.bobmurrayassoc.com. Please contact Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date August 18, 2011. phone 916 •784•9080 fax 916•784•1985 www.bobmurrayassoc.com

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The penalty for accepting free transportation from transportation carriers is severe: forfeiture of office. given the cost of travel, the official might quickly find him or herself at risk of exceeding the annual gift limit. Note that if the nonprofit is a 501(c)(3) organization under the tax laws, you can report the travel as either a gift or income under the rule (see the preceding item on page 31) that travel paid for by 501(c)(3)s is not subject to the annual dollar limits on gifts from a single source. Travel in Connection With Campaign Activities. Travel paid for by campaign funds are not reportable as gifts or subject to the annual dollar limits on gifts; the same is true for payments for a candidate’s travel in connection with campaign activities. To fall within the latter category, the travel must be in direct connection with campaign activities, which means, among other things, it must be travel to participate in either: • Candidate forums or similar voter gatherings; or • Campaign strategy meetings with consultants or staff. continued on page 34

www.cacities.org

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Director of Community Services — City of Yucaipa, California The Director of Community Services is a department head position, reporting directly to the City Manager, and oversees a department budget of $1.2 million, with 6 full-time and 50-80 part-time employees. The Position is responsible for the City’s Recreation and Sports Classes, Special Events, Recreation “Kid’s Club” Program, Teen Programs, Aquatics, Senior and Community Centers. The Department Director plays an active role in the planning, design, acquisition, rehabilitation and development of parks. Annual Salary up to $124,385. Please submit your employment application which may be downloaded by visiting the City’s website at www.yucaipa.org, and submit your resume to: City of Yucaipa, Human Resources Department, 34272 Yucaipa Blvd. Yucaipa, CA 92399. Phone (909) 797-2489 x223. DEADLINE: August 18th - 4:00p.m.

FIRE CHIEF – City of Santa Clara

Example: Travel To a Conference Offered by a 501(c)(3) Organization The Fair Political Practices Commission (FPPC) advised a local official that it was OK to accept $1,900 in travel expenses (for transportation, lodging and meals — but clearly over the $420 limit) from a 501(c)(3) economic development organization to attend a conference to learn about sustainability issues. However, the official would need to report the value of the travel on his Statement of Economic Interests. The FPPC also cautioned the official to be alert for any decisions he might make in the 12 months following the trip that might have a reasonably foreseeable material financial effect on the organization, so that he could have a conversation about whether he needed to step aside from the decision-making process.

www.westerncity.com

The City of Santa Clara is located in the heart of California’s Silicon Valley at the southern tip of San Francisco Bay with 118,000 people. The City of Santa Clara is seeking a Fire Chief to provide leadership for the efficient operation of the department, utilizing effective business techniques. This position is under the City Manager’s general direction. The incoming Chief must be able to develop and maintain excellent labor/management relations. The incumbent will demonstrate and maintain strong ethical, professional, and service-oriented leadership and interpersonal skills. Qualifications include a Bachelor’s degree in Public Administration, Political Science or the equivalent, plus nine years of firefighting experience, two years of which must be as a senior officer. The City is an attractive employer offering a competitive salary with excellent City-provided benefits including the 3% @ 50 CalPERS Retirement Plan. The Fire Chief annual salary control point is approximately $245,088. Appointment is generally made at 85% of control point, which is approximately $208,320. The Human Resources Department must receive completed resume packets by Wednesday, August 31, 2011. Send resume packets to City of Santa Clara Human Resources, 1500 Warburton Ave., Santa Clara, CA 95050, FAX to (408) 247-5627 or email to humanresources@santaclaraca.gov.

City of Soledad, CA Public Works Director $109,337 to $130,387 Annually Depending on Qualifications The City of Soledad is located in California’s beautiful Salinas Valley, just minutes away from the City of Salinas & the Monterey Peninsula. Soledad is home to some of Monterey County’s historic landmarks & burgeoning wineries. The Public Works Director is appointed by & reports directly to the City Manager & oversees day-to-day operations of the Public Works Department. Candidates are expected to have a combination of education & experience equivalent to a BA degree & five years responsible, professional engineering or public works operations & maintenance experience. Considerable supervisory or administrative experience also required. A Master’s degree & California registered professional Civil Engineer license are highly desirable. For more information please visit our website at www.rjamanagement.com. Apply no later than September 16, 2011 to:

Dr. Richard Garcia RJA Management Services, Inc. 2719 So. Mayflower Ave., Suite A | Arcadia, CA 91006 | (626) 447-3318 www.rjamanagement.com | Email: rgarcia@rjamanagement.com

Western City, August 2011

Gifts, Part IV: Rules Related to Gifts of Travel, continued from page 32

Conclusion

Each kind of travel must generally occur within six months of an election. Such payments are still subject to disclosure requirements under the campaign finance portion of the Political Reform Act.

Because violating the rules related to gifts can incur severe penalties, local officials are encouraged to become familiar with the rules and to carefully weigh the ramifications of accepting gifts.

Assistant Director of Aviation-Finance, McCarran International Airport, Clark County, NV Clark County is one of the most-dynamic communities in the Western United States, regularly enticing new residents drawn by the area’s unique mix of lifestyles, amenities and year-round recreational opportunities. Clark County owns and operates McCarran International Airport (one of the busiest airports in the country) and four general aviation facilities. The McCarran International Airport is seeking an Assistant Director of Aviation-Finance with a broad and exceptional background emphasizing a focus in finance. The ideal candidate will manage all financial related areas within the Department of Aviation including multiple budgeting and reporting systems, cost control programs, financial planning, and developing appropriate rates and charges for the airlines and concessionaries. It will be important for the selected candidate to ensure compliance with both County and State ordinances and regulations. Candidates with the following knowledge of and experience in are desired: SAP or Maximo software systems; contract negotiation and administration; purchasing; accounts payable; accounts receivable; fund control; analysis; budgeting; finance; internal and external auditing; and purchasing. Experience working within an Airport with a focus on financing is desirable. A Bachelor’s Degree in Accounting, Finance, Economics, Business Administration/Public Administration, or related field and four years of full-time high level-management experience in finance or accounting is required; a Master’s Degree is desirable as is a CPA License. The salary for the Assistant Director of Aviation-Finance is open and is dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Wesley Herman at (916) 784-9080 should you have any questions. Brochure available. Closing date August 22, 2011.

phone 916 •784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Human Resources Director — City of San Rafael Salary is competitive with an excellent benefits package. EOE The ideal candidate will need to be successful in managing the development and implementation of the Human Resources Department goals, policies, and priorities. The new Director will be a progressive and creative thinker who will inspire staff and be able to continue to build upon the positive work environment in San Rafael. Other desired qualifications include an extensive background in labor relations and negotiations, employee development, safety and risk management and workers compensation, State and Federal laws and regulations knowledge pertaining to Human Resources and Risk Management, a demonstrated ability to direct programs and to build trust and morale in an organization as well as the ability to identify issues that need to be addressed. A sense of humor is a plus! To be considered for this position, complete a City of San Rafael job application by visiting: www.calopps.org. In addition, please submit a cover letter and resume highlighting related background education and experience to: City of San Rafael, Human Resources, Room 210 1400 Fifth Avenue, San Rafael, CA 94901 For a detailed job description, please visit the City’s website at www.cityofsanrafael.org. Contact Human Resources at 415-485-3063 or Khelri.Jhovahn@cityofsanrafael.org. Filing Deadline: August 31st, 2011

League of California Cities

Example: Winning A Drawing for an Expense-Paid Trip to National Conference From a Non-501(c)(3) Organization A local official won a drawing where the prize was an all-expense paid trip to a national conference of local officials. He asked the Fair Political Practices Commission (FPPC) if he could accept the prize, which was worth approximately $2,000. For the most part, the FPPC said “no.” It noted that the cost of transportation, meals and lodging related to the conference would be a gift under the Political Reform Act. Such items are therefore subject to the annual dollar limit on gifts (now $420). As a gift, the travel was related to a governmental or policy purpose, and the giving organization was a 501(c)(4) nonprofit association of government agencies — not a 501(c)(3) organization that is required in order to qualify for one of the exceptions. The FPPC also noted that this was a drawing open only to local agency officials and not the public, which meant that the exception for drawings and competitions (discussed in the June 2011 installment of the “Gifts” series) did not apply. In addition, the FPPC said the cost of admission to the conference meeting would also be a gift under the Political Reform Act, unless the meeting serves to convey information to assist the official in the performance of his official duties (which it arguably would, as a national conference designed for local officials, but this shows how the FPPC assumes nothing). If the conference does serve this function, the FPPC said the free admission fee would not be a gift under the “informational material” exception to the gift rule (for more information about this rule, see the June “Gifts” article). The FPPC noted that, if the official accepted the gesture valued above the dollar limit (now $420), the official may be prohibited from participating in governmental decisions affecting that organization. n www.cacities.org

Chief of Police/Director of Public Safety, California State University, Sacramento

Director of Community and Economic Development, City of Concord, CA

California State University, Sacramento, is located in the City of Sacramento (population 450,000) and is a regional university with a student population in excess of 27,000. It is located on a 300acre campus five miles from the State Capitol. The Department of Public Safety has primary responsibility for campus law enforcement, emergency services and the reporting of criminal activity on campus. With a 2011/2012 budget of $3.3 million and over 80 full-time and part-time employees, the Department is accountable for a wide range of services for its education community. The University is seeking a candidate who has experience working in a collective bargaining environment, is sensitive to political issues, and can offer clear and coordinated communication between the University and neighboring municipalities. Candidates for the Chief of Police/Director of Public Safety position are required to possess a bachelor’s degree in criminal justice, public/ business administration, or a related field. A master’s degree is highly desirable as is a law-enforcement background at an institution of higher education. Candidates must possess a California POST basic certificate, or have the ability to obtain the California certificate within one year; possession of the California POST advanced and management certificates is preferred. The salary is open and dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Regan Williams or Mr. Wesley Herman at (916) 784-9080 should you have any questions. Brochure available.

The City of Concord, California (population 122,000) is located 29 miles east of San Francisco, adjacent to beautiful Mt. Diablo. The City is seeking a Director of Community and Economic Development to head this newly created Department. Concord is seeking a knowledgeable, capable, and technically experienced individual who can provide strategic planning and strong leadership for the Department. Concord desires a candidate who will form positive, cohesive working relationships within the Department, with the executive team, and with the City Manager founded upon mutual trust and respect. Candidates for this position should have at least five years of experience in city government department administration in an area related to planning or building; candidates must possess a bachelor’s degree in Planning or a related field. A master’s degree is highly desirable, as is an AICP credential. The salary for the Director of Community and Economic Development is dependent upon qualifications, with a top range of $158,391. If you are interested in this outstanding opportunity, please apply on line at www.bobmurrayassoc.com. Please contact Regan Williams or Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date August 31, 2011.

Closing date: August 26, 2011.

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