December 2011 by Western City Magazine

D E C E M B E R 2 011 |

The Monthly Magazine of the League of California Cities

“Penny for Your Thoughts” Connects Council and Community p.12 The Headline Test & Moving Toward “We” p.3 Critical Advantages of Gang Injunctions p.16

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CONTENTS 2 3

Calendar of League Events

President’s Message

How “Penny for Your Thoughts” Helped Concord’s City Council Connect With the Community and Set Priorities

Moving Toward “We” By Mike Kasperzak Local electeds must comply with numerous ethics rules and regulations; sometimes this makes it hard to see the forest for the trees. All of this emphasis on the individual “I” can distract us from our ethical obligations as a group — the council — to our community and the public.

City Forum

Rebuilding Trust in Local Government

When essential services were on the chopping block, Concord devised a new way for residents to weigh in on tough choices.

By Thomas E. Shanks Trustworthy leaders tell the truth, do what they say they will do, make prudent financial decisions, act with integrity, show respect to all, do the right thing in public and in private, take responsibility for actions and mistakes, and make impartial decisions that people can verify as impartial. Learn about ways to help your city improve public confidence in your decisionmaking process.

Everyday Ethics for Local Officials

What Do You Think Promotes Public Service Ethics? There’s no silver bullet when it comes to creating a culture of ethics within an organization. The task requires ongoing effort and commitment from agency leaders to “walk the talk.” This article presents tools that can help and seeks your input on the most effective strategies.

California Cities Helen Putnam Award for Excellence

Legal Notes

Civil Gang Injunctions: What Can They Do for Your City? By Tricia Hynes and Jeff Osgood Gang injunctions provide critical advantages to police departments trying to disrupt gang activity, as well as to the residents living in areas afflicted by gangs. This article discusses the legal elements of civil gang injunctions and highlights the real-world experiences of two communities where this technique has been employed.

Job Opportunities

Professional Services Directory Cover Photo: Sorin Alexandru

President Michael Kasperzak Vice Mayor Mountain View

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

First Vice President Bill Bogaard Mayor Pasadena

Second Vice President José Cisneros Treasurer San Francisco

Immediate Past President Jim Ridenour Mayor Modesto

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>

DECEMBER

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

November 30 – December 2 City Clerks New Law & Elections Seminar, Long Beach This seminar covers laws affecting elections as well as many aspects of the clerk’s responsibilities.

Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256 e-mail: <maxwellp@cacities.org>

November 30 – December 2

Production Manager Sara Rounds (916) 658-8223 e-mail: <srounds@cacities.org>

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

Contributors Koreen Kelleher JoAnne Speers Patrick Whitnell

2012 JANUARY

Associate Editors Carol Malinowski Carolyn Walker Design Pat Davis Design Group, Inc.

18 – 20

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

19 – 20

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.

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ED US IN G

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. 12.

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

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

February

1–3

City Managers Department Meeting, Indian Wells This conference covers numerous issues, including economic development, crisis management, budget decision-making, using new media, pension reform and more.

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

President’s Message by Mike Kasperzak

Moving Toward “We”

This issue of Western City magazine focuses on ethics and public trust in local government. Most of us who serve as city council members and mayors generally devote a significant amount of time and thought to these topics as part of our work. Because local government is the level of government closest to the people, its elected leaders enjoy some advantages when it comes to the factors that affect public trust. For example, local officials are typically more accessible to their constituents, and members of the public are better able to actually influence the decisions that affect them. The lack of partisan politics at the local level can help council members more readily agree on goals and solutions. As local officials,

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we are focused on solving the problem at hand rather than scoring points for a political party.

Members Academy in January and its Planners Institute in March.

Nevertheless, the erosion of public trust concerns all of us in local government. What can we do to maximize that trust?

Moving From “I” to “We”

State law requires elected local officials to participate in ethics training every two years. The League offers such training through the Institute for Local Government at its New Mayors and Council

Much of this ethics training focuses on the individual: the council member’s personal ethical responsibilities and the laws governing conduct. Local electeds must comply with numerous ethics rules and regulations; sometimes this makes it continued Western City, December 2011

Moving Toward “We,” continued

hard to see the forest for the trees. And ethics is about more than just complying with the law. All of this emphasis on the individual “I” can distract us from our ethical obligations as a group — the council — to our community and the public. For example, council members are frequently advised to consider their actions in terms of the “headline” test — how will it look if what I am doing appears in an article on the front page of the local newspaper? However, I suspect that most of us rarely apply that test to our collective actions as a council. Asking ourselves as a group, “How will this appear to the average constituent?” is a good step to take in our decision-making process and as part of our efforts to do the best job for the people we serve. This in turn helps to build their trust in us and local government in general.

Doing a Better Job For the Public A key element of building public trust is finding ways to have meaningful discussions that reflect community input and help us make the best decisions on behalf of our community. How can we do that? First, we have to keep in mind that the council is essentially a team whose goal is to focus on the public interest and what’s best for the community. For the council to function effectively, its members must:

I often tell people that if you think speaking for three minutes in a council meeting is the best way to influence the

The article “Rebuilding Trust in Local Government” on page 7 offers council members some excellent tips on ways to communicate that help build public trust. Second, we should take into account the limitations of the city council meeting process and look beyond the “usual” public outreach methods for ways to improve how we involve the

Maybe most important of all, the council should look for ways to engage the community on issues in a way that combines brainstorming and dialogue in a supportive environment. When I consider

• Put the need to work together ahead of their personal interests; and • Avoid taking it personally when a disagreement arises.

League of California Cities

how this might be done, one idea that comes to mind involves a round-robin type of meeting, where a council member moves from table to table of residents and community members to hear their thoughts on specific issues. It would, in essence, use the “speed dating” model and adapt it for public discourse. Before you dismiss this as a completely daffy idea, let me say that while such an exercise would of course need to be facilitated, it would provide an opportunity both for dialogue and for the council member to hear what the public has to say — with

COUNC I L I S T RUST E C O MMU N I T final decision, you are dead wrong. Go see your council member in advance and have a one-on-one discussion about the issue if you want to have a real impact on the process. And I believe that council members should be talking to their constituents ahead of time so that those discussions and suggestions can be shared with the entire council during its deliberations. That way, the public’s input can inform the council’s decision-making process in a broader fashion. The League’s research arm offers ideas and other information on how this can be accomplished at www.ca-ilg.org/publicengagement.

• Embrace civility and mutual respect;

community. Council meetings aren’t designed to be a deliberative process or to serve as a forum for a meaningful exchange of ideas between council members or members of the public and the council. The limitations exist because of the need for an orderly procedure and civility, among other things. But this is exactly why it’s so important to engage the public about the issues before the council meets and makes decisions on those issues.

the emphasis on listening, brainstorming and the good ideas that can arise from a little light-hearted banter. As far as I know, this is an idea that has yet to be tried, but it holds some promise. (When designing this type of exercise, keep in mind the provisions of the open meetings law and Brown Act prohibitions against serial meetings.) Third, we need to develop ways to share what we’ve heard from the public with our fellow council members — as well as with the public — so we can use that information to inform our decision-making process in ways that best serve the needs and interests of our community. Again, this is where council members must set aside the focus on “I” and work collaboratively with the rest of continued on page 6 www.cacities.org

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Moving Toward “We,” continued from page 4

the council using a “we” mindset: How can we do what’s best for our community as a whole? Finally, we have to consider the headline test but think about it in a new way. The council should ask itself: How will what we are doing appear to the ordinary person on the street, both in terms of the process and the outcome? Will the public be confident that our decision was based on a good understanding of what serves the community’s needs and interests? If the answer isn’t satisfying or convincing, then it’s time to reconsider our approach and our process.

Ethics is about more than just complying with the law.

Tell Us What Your City Is Doing We are interested in what you think about these ideas and in what’s happening in your community. Is your city engaging the public in new and creative ways? For example, on page 12, you can read about the City of Concord’s innovative efforts to involve members of the community in making difficult budget decisions. What is your city doing to encourage public input beyond the traditional approaches? Let us know what you’ve tried and what kind of results were achieved. What will you do differently next time? Visit www. ca-ilg.org/PublicEngagementStoryForm to share your story and experience. n

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Rebuilding Trust in Local Government by Thomas E. Shanks

“Learn from yesterday, live for today, hope for tomorrow. The important thing is not to stop questioning.” — Albert Einstein City officials throughout California have met the extraordinary economic and political challenges of the past few years with courage and a commitment to serving the people’s best interests. Policy-makers and staff in almost every city have worked hard to do their best for their residents and businesses under extremely difficult circumstances. They have stretched limited resources to maintain high quality services, met the needs of a diverse and often divided public, and dealt with issues of employee layoffs, morale and compensation. They have made difficult decisions, taken pay cuts and balanced their budgets. Consequently my trust of city government is stronger than ever.

Recent Decline in Public Trust That level of trust, however, is shared by only one in three Californians, according to a May 2011 statewide survey conducted by the Public Policy Institute of California. Only 35 percent of Californians say they trust local government to do what is right — just about always (6 percent) or most of the time (29 percent). During the past two years most Californians’ trust of local government has declined to what may very well be its lowest level ever. Six in 10 expect local government to do what is right only continued

Thomas E. Shanks, Ph.D., is a former professor at the University of Santa Clara and president of the Ethics Company; he can be reached at <teshanks@sbcglobal.net> . www.westerncity.com

Western City, December 2011

Rebuilding Trust in Local Government, continued

some of the time (58 percent) or never (5 percent). These perceptions are widely shared by voters and non-voters across geographical regions as well as political affiliation, ethnic background, age, gender and income groups. Most Californians also do not believe that city governments are financially responsible. Eight in 10 Californians believe local government wastes a lot of (38 percent) or some (43 percent) tax dollars. A majority of Californians (54 percent) also now believe local government is “run by a few big interests looking out for themselves” rather than being “run for the benefit of all the people.”

Responding to Today’s Mandate Cities must take bold action to stop the downward slide and begin to rebuild the trust that is necessary for democratic government to function. Most of the time when we talk about “public trust” we are talking about the people’s belief that their local government works hard at all times, in public and in private, with competence, integrity and commitment to serve only the best

interests of all the people of the city. It is the public’s confident reliance that “city officials really do represent me and are trying to act in my best interests.”

What Is Required to Build Public Trust Surveys conducted in the City of Santa Clara in 2006 (online at http://santa claraca.gov/Modules/ShowDocument. aspx?documentid=1368) identified the key requirements for public trust. The first requirement is that city officials follow the law, but compliance with the law is the minimal expectation. Public trust requires more than just following the law. The other requirements are related to public perception, and such perceptions are resistant to public relations or spin. They require concrete action first and then clear communication about the steps taken. The Santa Clara surveys also identified the leadership behaviors that build trust. In order of importance, trustworthy leaders tell the truth, do what they say they will do, make prudent financial decisions, act with integrity, show respect to all, do the right thing in public and in private, take responsibility for actions and mis-

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takes, and make impartial decisions that people can verify as impartial. Most city officials act and think this way, but the public rarely hears or sees it. Trust grows when the public has the opportunity to hear decision-makers working through different options, weighing values, considering the needs and viewpoints of all stakeholders, explaining how they see responsibility or integrity in this or that choice, why they believe this is fair, how they plan to reduce the harm of a choice and so on. Here are some ways to communicate that help build public trust. Build active listening skills. Council members and staff can show deep regard for constituents by asking a question for clarification or by indicating how a resident’s opinion was considered in the final decision. Make these questions a regular part of the public discussion: Why do we believe this action deserves the trust of our public? Why is this action the right thing to do? In what ways does this action align with our city’s core values? Make your code of ethics and values a regular and public part of the discussion and debate. If you do not have a code of ethics and values, consider using a public process to develop and implement one. For important decisions, include a “values analysis” as part of the staff recommendation. The staff still makes a technical recommendation, but also lays out for the council how each of the options under consideration may impact stakeholders, advance or hinder the agency’s core values and lead to unintended consequences. The goal is to inform the council members so they know what is at stake in choosing one option over another.

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The public may not agree with the final outcome, but they can trust that their elected decision-makers considered all options in good faith. That is my hope for tomorrow. n

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Everyday Ethics for Local Officials

WHAT DO YOU THINK

PROMOTES PUBLIC SERVICE ETHICS? At the suggestion of League Executive Director Chris McKenzie, in 2001 the Institute for Local Government (ILG) launched its Public Confidence program to provide local officials with information and tools related to public service ethics. The “Everyday Ethics for Local Officials” column has been one of the Public Confidence program’s work products, along with other resources developed by ILG.

This column presents a summary of those resources and how to access them. More importantly, however, ILG wants to ask you, “What do you think promotes public service ethics?” ILG is engaged in a review of its ethics program that will determine the program’s future and focus. The mission of ILG is to promote good government at the local level with practical, easy-to-use and impartial resources to help local officials in their service to their communities. ILG does this through

its publications, the resources available through its website (www.ca-ilg.org) and through its training programs. In particular, ILG devotes a substantial section of its website (www.ca-ilg.org/ trust) to resources designed to help local officials sift through the legal and ethical issues of public service ethics. In addition, all of ILG’s ethics publications are posted on its website and available free of charge (www.ca-ilg.org/EthicsPubs). Finally, the ILG website has a helpful search function;

the fastest way to find something is simply to type your topic into the search box toward the upper right side of the screen. Ethics Versus Ethics Laws

When we say “public service ethics,” what do we mean? At a minimum, it means that a public servant is putting the public’s interests first as opposed to his or her personal interests (financial or political). Ethics is what people ought to do, based 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.

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Western City, December 2011

What Do You Think Promotes Public Service Ethics?, continued

on shared values about the kind of conduct that makes the world — and public service — better. The first section of the ethics area on the ILG website is devoted to the issue of how values apply to dilemmas that public officials face in public service. These include issues such as whether worthy ends ever justify questionable means (www. ca-ilg.org/MeansVersusEnds) and making politically unpopular decisions (www. ca-ilg.org/UnpopularDecisions).

While some Institute for Local Government (ILG) programs are supported by private funders, ILG does not receive foundation funding for its work in public service ethics. This means that the program has been funded with the core support ILG receives from the League and the California State Association of Counties. The municipal law community has also been an important source of support for the effort. In 2011, the following municipal law firms generously supported ILG’s efforts to promote public service ethics:

Tools and Techniques to Promote Organizational Ethics

• Aleshire & Wynder (Platinum Support Level);

There’s no silver bullet when it comes to creating a culture of ethics within an organization. The task requires ongoing effort and commitment from agency leaders to “walk the talk.”

• Burke, Williams & Sorensen (Gold Support Level);

That being said, there are a number of tools that may help. These include:

• Richards, Watson & Gershon (Gold Support Level);

• Ethics assessments; • Ethics codes; • Local agency audit functions; and • Ethics commissions. Local officials can access information about these tools at www.ca-ilg.org/ EthicsTools. In addition, ILG’s booklet Promoting Personal and Organizational Ethics offers a number of strategies for local officials’ consideration (www.ca-ilg. org/ppoe). Understanding the Basics of Ethics Laws

Local officials in California face a dizzying array of laws designed to prevent situations that would undermine the public’s trust and confidence in local agency or local officials’ actions. ILG offers plainlanguage explanations of these issues in its Understanding the Basics booklets (www. ca-ilg.org/EthicsBasics), which cover the ethics laws related to: • Preventing local officials from either actually gaining or appearing to gain financially from their decisions;

Special Thanks to Those Who Make the Ethics Work Possible

League of California Cities

• Best Best & Krieger (Platinum Support Level);

• Hanson Bridgett (Gold Support Level); • Liebert Cassidy Whitmore (Gold Support Level); • Renne Sloan Holtzman Sakai (Gold Support Level);

• Kronick Moskovitz Tiedemann & Girard (Silver Support Level); and • Meyers Nave (Silver Support Level). In addition, ILG thanks the municipal lawyers in both public and private practice who have generously participated in the peer review process that is a core part of ILG’s quality assurance efforts for its work products, including its ethics work products. Finally, the local agencies and local agency associations that have purchased ILG publications (or the digital versions of those publications) or used ILG for AB 1234 ethics training compliance have been an important part of the financial and moral support for the program, and ILG appreciates their support.

• Restrictions on gifts, use of public resources, local official compensation and other possible “perks” associated with one’s status as a public servant; • Disclosure requirements, including open records and open meetings laws; and • Fair process requirements, including rules relating to merit-based decisionmaking, nepotism, competitive bidding on contracting, and whistleblower protections. These resources are designed as both an orientation for newly elected officials and an ongoing reference for those who have been in office for a while.

Everyday Ethics Issues

Western City magazine has published this bimonthly “Everyday Ethics” column for 10 years, which currently totals 60 articles. Using an advice-column approach, “Everyday Ethics” has tackled a mixture of legal and ethical issues, including: • Telling the Truth When It Hurts (www. ca-ilg.org/truth); • A Leader’s Role When Tragedy Strikes (www.ca-ilg.org/tragedy); • When an Elected Official Feels Passionately About an Issue: Fair Process continued on page 20

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How “Penny for Your Thoughts” Helped Concord’s City Council Connect With the Community and Set Priorities When essential services were on the chopping block, Concord devised a new way for residents to weigh in on tough choices. In times of scarce resources and reduced staffing, elected officials and city managers aspire to understand which public services their communities value most. Concord (pop. 122,000), located in the San Francisco Bay Area, is no exception. After reducing staff by 20 percent, instituting mandatory furloughs, securing pay and retirement concessions from employees and reducing the level of nonessential programs and services, the city still faced a $5 million structural deficit. Concord’s once-healthy 30 percent reserve fund would be depleted in two years. Projections showed that the city would need to lay off 35 additional employees to balance the budget. Essential services were on the chopping block. Before decisions about these drastic cuts were made, the city council wanted to get meaningful input from the community about which municipal programs were most important — with the goal of preserving those programs as funds permitted. “We asked staff to design an outreach campaign that would give us, as elected leaders, a sense of community priorities,” says Mayor Laura Hoffmeister. “In addition, we wanted the process to help residents understand the hard choices that we were facing as a council.” The campaign used four methods to elicit input from residents. Three of these were conventional methods

used by many cities to measure public opinion: a statistically valid telephone survey, an online survey, and 28 speakers’ bureau presentations at meetings of neighborhood, community and business organizations. The fourth method, however, put residents in the driver’s seat — or in this case, the city council’s seat.

An Innovative Approach to Public Participation Staff designed a Living Within Our Means workshop that included an engaging, interactive and thought-provoking continued on page 14

The City of Concord won the Award for Excellence in the Enhancing Public Trust, Ethics and Community Involvement category of the 2011 Helen Putnam Award for Excellence. For more about the award program, visit www.cacities.org/helenputnam.

League of California Cities

www.cacities.org

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Western City, December 2011

How “Penny for Your Thoughts” Helped Concord’s City Council Connect With the Community and Set Priorities, continued from page 12

game titled “Penny for Your Thoughts.” The workshop began with an introductory Budget 101 presentation. Participants were then asked to review the five categories of city services — Community Safety, How the City Looks, Economic Development, Quality Experiences and Infrastructure — and prioritize a general list of services under each category. The rest of the workshop was spent playing the “Penny for Your Thoughts” game that put participants in the city council’s position of having to make tough choices to balance the budget. Participants were each given 30 pennies. Their job was to distribute their pennies among five plastic cups, representing the five categories of city services. Facilitators tallied how the pennies were distributed. To add a “real life” factor and reflect the city’s actual budget situation, the facilitator then told participants that they faced an unanticipated budget crisis and available revenues were 20 percent less than anticipated. Each participant now had to remove six pennies from his or her five cups to balance the budget. Removing six coins meant that they could not just remove one coin from each category, but had to really consider their priorities. A facilitated discussion followed in which participants discussed their reasons for the funding choices they made. All of the priority lists, penny counts and comments were recorded and compiled into a summary report that was shared with the city council and the community.

Residents Gain a New Perspective “The game gave me a new respect for how difficult the city council’s job is when they have to balance the budget,” says workshop participant David Fry. “It’s not easy to make these decisions.” Several participants asked if they could contribute pennies from their own pockets to make up for the shortfall in available resources. This comment sparked a discussion about the potential for an emergency revenue measure to preserve valued services.

League of California Cities

One of the three Living Within Our Means workshops that the city conducted was presented in cooperation with the Monument Community Partnership, a nonprofit organization working with residents in the largely Hispanic Monument neighborhood. This important segment of the community typically does not attend the city’s formal government meetings due to language and cultural barriers. To overcome these barriers, Concord brought this workshop into the heart of the Monument neighborhood, used Spanish translators and had bilingual staff host the “Penny for Your Thoughts” game. This workshop had the highest attendance of the three workshops. “It was very rewarding to see the community turn out for the workshop,” says staff translator Raquel Diaz. “We don’t always hear from the residents in the Monument community, and they have much to contribute.” Additional workshops were presented in partnership with the Greater Concord Chamber of Commerce and the Concord Senior Citizens Center. In total, 310 people played the game.

Piquing Public Interest The game aspect of the workshops created a buzz in the community. Residents discussed it on local blogs. A TV news reporter even devised her own miniversion of the game and tried it out with residents in a public park for her news report. Neighboring cities called to get information about using the game in their own communities. In addition to the workshops, Concord conducted a telephone survey and an online survey. Survey results showed that as many as 75 percent of voting residents were interested in considering a local emergency revenue measure, mirroring comments from workshop participants. As a result of the public outreach campaign, the city council learned which services the community valued most and that residents might be willing to con-

sider a revenue measure, in addition to service cuts, to balance the budget.

Outreach Efforts Pay Off The city council put a half-cent sales tax measure on the November 2010 ballot, with a five-year sunset clause. The measure passed, and the city council avoided having to make the most dire service reductions. “Through this process, we were very happy to learn that residents wanted what was best for Concord, even if it cost them a little more money,” says Mayor Hoffmeister, “and this was reaffirmed with the passage of the sales tax measure.” While the revenue measure does not solve the $5 million structural deficit problem in the long term, passage of the measure rebuilds the city’s reserves and gives Concord some time to benefit from the economic recovery, significantly reducing its structural budget deficit and allowing for less drastic solutions. Contact: Leslye Asera, community relations manager, City Management Department; phone: (925) 671-3272; e-mail: <lasera@ ci.concord.ca.us>. n

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Concord’s Living Within Our Means workshops began with a budget presentation. Participants then reviewed five categories of city services — Community Safety, How the City Looks, Economic Development, Quality Experiences and Infrastructure — and prioritized a general list of services under each category. The rest of the time was spent playing the “Penny for Your Thoughts” game, which put participants in the city council’s position of having to make tough choices to balance the budget. Staff recorded all of the priority lists, penny counts and comments and compiled a summary report that was shared with the city council and the community.

Several participants asked if they could contribute pennies from their own pockets to make up for the shortfall in available resources. This comment sparked a discussion about the potential for an emergency revenue measure to preserve valued services.

The Nation’s Top-Ranked Public Finance Firm Building on a 100-year history in public finance which includes the financing of such iconic projects as the Golden Gate Bridge and Carnegie Hall, Orrick’s public finance lawyers have handled thousands of transactions of every type, including: Health Care, Public Power, Higher Education, School Finance, Housing, Securitizations, Indian Tribal Finance, Swaps and other Hedges, Infrastructure, Transportation, Nonprofit Corporations, Water and Wastewater, Pension Bonds, OPEB Bonds and Public Private Partnerships. Orrick also is a leader in helping municipal market participants with post-issuance compliance and enforcement issues, such as Continuing Disclosure, SEC Investigations, Rebate, Defaults/Workouts, IRS Audits and Bankruptcies. For more information about our public finance practice, please contact publicfinance@orrick.com. orrick, herrington & sutcliffe llp los angeles new york orange county portland sacramento san francisco seattle silicon valley washington dc

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Western City, December 2011

Civil Gang Injunctions: What Can They Do for Your City? by Tricia Hynes and Jeff Osgood

Civil gang injunctions are public nuisance actions that city attorneys or district attorneys bring in civil court to curb and disrupt gang-related criminal and noncriminal activities. Cities seek gang injunctions to intervene in, prevent and suppress gang activity in an affected neighborhood. Typically, gang injunctions not only prohibit already illegal activities but also impose restrictions on behavior of gang members that could lead to criminal acts, such as displaying gang colors or symbols or associating in public with other gang members. Gang injunctions provide critical advantages to police departments trying to disrupt gang activity, as well as to the residents living in areas afflicted by gangs. This article discusses the legal elements of civil gang injunctions and highlights the real-world experiences of two communities where this technique has been employed. What Is a Civil Gang Injunction?

Gang injunctions are premised on the definition of “public nuisance.” A public nuisance is anything that is injurious or deleterious to one’s quiet enjoyment of life or property and affects the entire community, not just a few residents. The

Tricia Hynes is an Oakland-based principal attorney at Meyers Nave and can be reached at <thynes@meyersnave.com>. Jeff Osgood is a sergeant with the Fairfield Police Department and can be reached at <josgood@fairfield.ca.gov>.

www.cacities.org

types of behavior that criminal street gangs engage in — including violence, graffiti and dealing narcotics — fall under the category of public nuisance. City attorneys and district attorneys have the ability to seek nuisance abatements through the courts. Civil gang injunctions are court orders prohibiting a particular criminal street gang from engaging in various activities. Typical prohibitions include: • Associating with other gang members; • Intimidation; • Recruiting for gangs; • Trespassing; • Possessing drugs, alcohol or firearms; • Drawing graffiti; • Fighting; • Making hand signals associated with gang membership, also known as “throwing” gang signs; and • Other similar activities. It is also possible to seek curfews. Depending on the particular gang that is the subject of the injunction, other provisions may be included. Gang injunctions target specified physical boundaries within which the gang operates. These target areas are often referred to as “Safety Zones.” Once the injunction is in place, each subsequent violation by a gang member of a properly enjoined gang becomes a contempt of court, for which the member can be jailed, fined or both. It is also possible to seek monetary damages through injunction if it can be

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.

www.westerncity.com

shown that the gang is profiting from its nuisance-creating behavior. Lessons Learned in Preparing Civil Gang Injunctions

Learn what a gang injunction is and is not, and learn the process from experienced individuals. This will help you understand the most direct path to obtaining an injunction, make fewer mistakes and avoid reinventing the wheel. Figure out what the city wants to accomplish using a gang injunction when other police tactics won’t work. Gang injunctions seek extraordinary relief, and being able to explain this will be helpful when you go to court. Determine who will write the “expert declaration” and which attorney will work on the lawsuit. Then plan how the workload will be divided. Some agencies use their City Attorney’s Office and others use the District Attorney’s Office. Any law enforcement agency considering seeking a gang injunction must have someone serve as the “expert.” This will be an experienced gang investigator who: • Can communicate effectively, both in writing and during expert testimony;

• Has credibility with local courts as a gang expert; • Can work on the project exclusively for several months; and • Is willing and able to take on a massive project. Gang injunctions are effective tools, but only if the gang engages in the behavior covered by California Civil Code 3479. If the gang expert cannot articulate how the gang’s behavior and activities fit the definition of a public nuisance, then the gang is not a good subject for a gang injunction. If they are a public nuisance, the next step is to define the nuisance. Keep good statistics prior to pursuing a gang injunction. Your most persuasive arguments and testimony will come from a careful and easily understood presentation of the havoc that the gang is wreaking within the Safety Zone. Develop your proposed Safety Zone using facts, not subjective ideas about where you think the gang is active. Once a spreadsheet is made using the statistics mentioned above, a geomapping application can be used to create a digital continued on page 21

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sccpconcrete.com Western City, December 2011

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.

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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.

Did You Miss the November Issue? Read it online at www.westerncity.com

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PUBLIC WORKS DIRECTOR City of Buellton, CA

The City of Buellton is seeking a Public Works Director responsible for streets, the water treatment, storage, and distribution system, the wastewater treatment and disposal system, the storm drainage system, the maintenance shop, City parks and street trees, and building maintenance. The Director supervises 6 employees. A bachelor’s degree in civil engineering or a related field is required. Strong project management and supervisory skills are essential. Registration as a professional civil engineer in California is not required but highly desirable. Salary range: $81,744 to $100,128, DOE. Job announcement and application available at www.cityofbuellton.com. Application Filing Deadline: 5:00 p.m. Friday, December 30, 2011. (805) 688-5177 (City Hall) (805) 686-0086 (Fax)

League of California Cities

Fire Chief, City of Walla Walla, WA The City of Walla Walla, WA (population 31,000) is located on the eastern edge of the Columbia and Snake River basins and has a rich history in the State of Washington and the Pacific Northwest. The City is now seeking a Fire Chief to oversee the Department’s $4.3 million budget and 47 employees. The new Fire Chief should be a skilled manager and leader capable of earning the trust and respect of members of the Department, City management team, City Council, and the community. The ideal candidate for this position will have the ability to support and maintain an inclusive and collegial atmosphere in the Department; an approachable individual who embraces contemporary approaches to management and transparent communication would do well in this position. Experience having worked the fire floor will be critical to the credibility of the successful candidate; exposure to and/or training in the Baldrige Criteria approaches would be useful. The salary range for the Fire Chief position is negotiable and commensurate with the successful candidate’s qualifications and experience. 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 December 16, 2011. phone 916U784U9080 fax 916U784U1985 www.bobmurrayassoc.com

www.cacities.org

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Find more job listings, resources and an archive of articles on our website! www.westerncity.com

Announces a career opportunity for:

CIVIL ENGINEERING MANAGER

Finance Director City of La Palma, CA

Salary: $6,749 - $8,774/month

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The Civil Engineering Manager is involved in all aspects of engineering, construction, inspection and financing of the Cityâ&#x20AC;&#x2122;s Capital Improvement Program. A Bachelorâ&#x20AC;&#x2122;s degree in Civil Engineering or a closely related field and registration as a licensed Civil Engineer are required. All relative experience will be considered; including public sector, private sector, and contractual work in a public agency. BENEFITS INCLUDE:

Police Chief, City of Walla Walla, WA The City of Walla Walla, WA (population 31,000) is located on the eastern edge of the Columbia and Snake River basins and has a rich history in the State of Washington and the Pacific Northwest. The City is now seeking a Police Chief to oversee the Departmentâ&#x20AC;&#x2122;s $7.5 million budget and 70 employees, of whom 42 are sworn officers. The City Manager is looking for a new Chief who will build on the successes of the Department and examine, with members of the Department, contemporary and innovative approaches to law enforcement. The ideal candidate for Police Chief will be an effective leader capable of gaining the trust and respect of members of the community and Department. A Chief who embraces community policing and works with individuals and groups in the community to promote the health and welfare of the residents of Walla Walla is being sought. An individual who embraces contemporary approaches to management is being sought; exposure to and/or training in the Baldrige Criteria approaches would be useful. The salary range for the Police Chief position is negotiable and commensurate with the successful candidateâ&#x20AC;&#x2122;s qualifications and experience. 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 December 16, 2011. phone 916U784U9080 fax 916U784U1985 www.bobmurrayassoc.com

www.westerncity.com

Âť PERS 2.0% @ 55 Âť $100,000 City Paid Life Insurance Âť Health Insurance/Benefit Bank/ Cash-out @ $1,245 per month

Âť 12 days Paid Vacation Âť 9 Full-day and 2 Half-day Holidays Âť 3Â˝ Floating Holidays Âť Sick Leave Âť Bilingual Pay Âť Long Term Disability Plan Âť $160 per Month Contribution to Deferred Compensation Plan

APPLY IMMEDIATELY at: http://www.cityofchino.org or City of Chino 13220 Central Ave. Chino, CA 91710 Telephone: (909) 591-9807

Western City, December 2011

What Do You Think Promotes Public Service Ethics?, continued from page 10

Requirements in Adjudicative Decision-Making (www.ca-ilg.org/bias); and • Let’s Not Make a Deal: Vote Trading and Similar Practices Raise Legal and Ethical Issues (www.ca-ilg.org/VoteTrading). All of the “Everyday Ethics” columns are online at www.ca-ilg.org/EverydayEthics. J

AB 1234 Compliance

When AB 1234 passed, making biennial ethics training mandatory for local officials, ILG created sample training materials available to local agency counsel to enable them to offer this training in a cost-effective manner. Since then ILG has offered this training regionally, at R T

City Manager, City of Woodland, CA The City of Woodland is strategically located in California’s Sacramento Valley, one of the world’s richest agricultural areas. The city has a population of 56,000 and is the County seat of Yolo County. Woodland is approximately 24 miles northwest of Sacramento and 85 miles northeast of San Francisco. The City is currently seeking a City Manager to provide a strong foundation for the City and community. The new City Manager will oversee an operating budget of $76 million and a 3 year Capital budget of $75 million. The ideal candidate will be a visible leader in our community, capable of earning the respect of citizens. And a team player with excellent interpersonal skills and with the ability to instill a strong sense of customer service among City employees would excel in this position. The salary for the City Manager is dependent upon qualifications. The previous City Manager’s salary was in the $185,000 range, combined with a competitive benefits package. This position requires a bachelor’s degree, with a master’s degree desirable. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date: January 12, 2012. phone 916U784U9080 fax 916U784U1985 www.bobmurrayassoc.com

City Manager CITY OF KERMAN Located in California’s central valley Kerman (14,381) offers residents an outstanding quality of life with excellent neighborhoods, parks, and schools in a small town setting. The City of Kerman has a total operating and capital budget of $14.5 million with reserves of $8.25 million. Kerman is a full service City, staffed by 59 employees in the City Manager’s Office and departments of City Clerk, Finance, Police, Public Works, Community Development, and Recreation & Community Services.

Candidates must have extensive experience in an executive management capacity in local government, be a strong leader with proven strengths in planning, community and economic development, council/ manager relations, budgeting, finance, and infrastructure maintenance/expansion. Excellent oral/written communication skills, interpersonal/relationship building skills are needed. BA required; Master’s desirable.

APPLY BY: Thursday, Dec. 22, 2011 2 p.m. No postmarks accepted. Applications/Supplemental questions available at www.cityofkerman.net or Ms. Toni Jones tjones@cityofkerman.org. Applicants must submit City of Kerman application and supplemental questions by deadline. Mail completed applications to: Ms. Marci Reyes, City Clerk, 850 S. Madera Ave. Kerman, CA 93630.

League of California Cities

These resources are designed as both an orientation for newly elected officials as well as an ongoing reference for those who have been in office for a while. individual local agencies and at meetings of statewide associations of local agencies. Retired City Attorney Michael Martello has assisted with ILG’s efforts in this area. ILG also assisted the Fair Political Practices Commission with its online training program and published several “Everyday Ethics” columns that can serve as a form of self-study credit for AB 1234 compliance. For more information about all of these options visit www.ca-ilg.org/AB1234 compliance. Tell Us What You Think

ILG is evaluating the focus of its ethics program. What do you think helps local officials meet their constituents’ expectations? What helps people understand and comply with the law? Are there better or different formats for sharing this information? Or is information not the issue? Do you think the resources ILG directs to its public service ethics program might be more productively invested elsewhere? ILG welcomes your input. A short survey and place to share what you think are available at www.ca-ilg.org/EthicsInput. Let us know your thoughts about what helps and what doesn’t in this area. n

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

www.cacities.org

Civil Gang Injunctions: What Can They Do for Your City?, continued from page 17

pin-map of where these events and activities took place. The Safety Zone should be established after this exercise because the boundary area where the gang commits its nuisances and crimes may likely be much larger than previously thought. Writing the expert declaration requires a great deal of organization. If the law enforcement officerâ&#x20AC;&#x2122;s declarations of the individual case summaries are a methodical recitation of the events that the gang participates in, then the expert declaration is the â&#x20AC;&#x153;color commentaryâ&#x20AC;? that paints a picture for the court by describing what the gang does, how it does it and how its activities pose a nuisance. Use photos. It is permissible to include photos in the expert declaration. A picture is worth a thousand words. Compile a detailed accounting of gang members and their nuisance activities within the proposed Safety Zone. In order to sue the gang as an unincorporated association, the gang must be given notice so that it may defend itself if it so chooses. The chosen representativesâ&#x20AC;&#x2122; documented behavior should be good examples of the gangâ&#x20AC;&#x2122;s nuisance activities. Document gang members as active participants. The expert and attorney must be well versed not only in the documentation criteria but also in how it is known that the members are active participants in the gang. Example: The City of Fairfield

The City of Fairfield Police Department gave Sergeant Jeff Osgood the task of researching and writing a gang injunction in 2008. During the previous 20 years, Fairfield had been experiencing consistently regular nuisance activity from its primary gangs, including violent assaults, murders, mass-attack beatings and drug dealing in their Safety Zone. The Fairfield Police Department had reservations about obtaining a gang injunction because of concerns that it wouldnâ&#x20AC;&#x2122;t work in Fairfield. Support from the cityâ&#x20AC;&#x2122;s administration, including the cityâ&#x20AC;&#x2122;s management and political leaders, played a central role in the

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successful implementation of the gang injunction in Fairfield. The Police Department first conducted extensive research to learn what an injunction actually was and contacted several other agencies to learn from their mistakes. The department then reached out to city policy-makers to gain

their support. In talking to other agencies, Sgt. Osgood learned that actively seeking such support is a key component of successfully laying the groundwork for the injunction effort; in some communities, a failure to do so had resulted in continued

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Police Chief, Pasadena City College, Pasadena, CA Pasadena City College celebrates a dynamic and diverse community of more than 30,000 students who come from nearby communities and far-off continents. The college is located in the city of Pasadena, about 20 minutes northeast of downtown Los Angeles; it is a progressive and dynamic community. The College is currently seeking a Police Chief to oversee a total budget of $7,064,000 and a staff of 105. This is a hands on position and requires the selected candidate to have an open, honest and transparent form of communication. The ideal candidate will be a committed leader who will hold people accountable, be a mentor and be confident and comfortable in a public setting. A strategic thinker who is organized, articulate and can create an environment where people like to be will be excellent attributes for the selected candidate. The incoming Chief should be able to work with people at all levels of the organization, students, and other jurisdictions. The ideal candidate needs to have an understanding of NIMS and SIMS training and must understand EOC operations and training requirements. An individual who can take command, listens to input but at the end makes the final decision. The position requires a Bachelorâ&#x20AC;&#x2122;s degree, or equivalent, fifteen years experience in law enforcement, including five years as a supervisor and Possession of current P.O.S.T. Management Certificate. A Masterâ&#x20AC;&#x2122;s is preferred. The salary range is dependent upon qualifications and the College offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Regan Williams at (916) 784-9080 should you have any questions. Brochure available. Closing date January 6, 2012.

phone 916U784U9080 fax 916U784U1985 www.bobmurrayassoc.com

Western City, December 2011

Civil Gang Injunctions: What Can They Do for Your City?, continued

stakeholders becoming hostile toward the effort and actively opposing it. Almost immediately upon issuing a preliminary gang injunction against one of the gangs, its activity was disrupted, and its members have rarely been seen together on the streets since. The overall result has

been a dramatic drop in all activity from the gang as well as from its rival. Example: The City of Oakland

In contrast to Fairfield, the intense media attention surrounding Oaklandâ&#x20AC;&#x2122;s pursuit of gang injunctions against the North

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FINANCE DIRECTOR

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City of Palo Alto

Chief People Officer Be a key player in the transition to a new governmental future and help guide the change in organizational culture, already underway. While directing the Department of Human Resources, you will also serve as a strategic consultant to the City Manager and the organization. This is an outstanding opportunity to join an organization that views â&#x20AC;&#x153;Human Resourcesâ&#x20AC;? as playing a transformative and re-generative role. If you want to help lead Palo Alto to the forefront of American cities in its use of organizational best practices, technology and engagement with employees and citizens, please apply.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Call Bobbi Peckham at (866) 912-1919 for more information. A detailed brochure is also available on our web site at www.peckhamandmckenney.com.

Filing date is December 19, 2011.

Side Oakland (NSO) gang, located in the cityâ&#x20AC;&#x2122;s northwest area, and the NorteĂąos, located in the cityâ&#x20AC;&#x2122;s Fruitvale area, shows that the strategy is still controversial. Indeed, unlike Fairfield, Oaklandâ&#x20AC;&#x2122;s gang injunction strategy did not enjoy unanimous and unfettered support from the city as a whole. It remains to be seen whether employing the gang injunction technique without unanimous support or full community buy-in is effective. As with critiques of gang injunctions in general, the defendants in Oaklandâ&#x20AC;&#x2122;s NSO and NorteĂąos cases argued that gang injunctions violate due process rights, promote racial profiling and harassment, and divert funds better spent on social justice programs. These criticisms, however, have proved unavailing â&#x20AC;&#x201D; at least in the first phase of these ongoing cases. Oakland has ensured that due process is respected by naming individual gang members, thus providing them an opportunity to speak up on their own behalf in court. In addition, no one will be enjoined without the court weighing in on the sufficiency of the cityâ&#x20AC;&#x2122;s evidence. Finally, the city is using resources that never would or could be diverted to social programs. The city has successfully obtained a preliminary injunction against the NSO gang and all individually named defendants, as well as the NorteĂąos gang and the individually named defendants who were a part of the first phase of litigation. Because these cases are both ongoing and litigation is pending, it is premature to assess the impact of the preliminary injunctions. However, no individual subject to the preliminary injunctions appears to have violated any terms to date. The Impact of Gang Injunctions

Current research bears out that carefully crafted gang injunctions can decrease gang-related criminal activity â&#x20AC;&#x201D; at least in the short term. Studies and relevant literature show injunctions may: â&#x20AC;˘ Reduce the rates of certain crimes; â&#x20AC;˘ Reduce gang visibility;

League of California Cities

www.cacities.org

• Reduce resident intimidation and fear of gang confrontations;

These latter effects are particularly critical to improving neighborhood dynamics and community safety.

• Increase residents’ sense of control over their community; and

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A fully footnoted version of this article is available online at www.westerncity.com.

While gang injunctions alone may not be enough to eliminate gang activity, they are a law enforcement tool that can crack the window of opportunity for change. n

• Provide an excuse for some members to get out of the gang.

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Join These Leading Communities

Achieving Local Sustainability Learn more at: www.ca-ilg.org/BeaconAward (Applications accepted continuously) Efren Carrillo, Supervisor, Sonoma County “In Sonoma County, our sustainability efforts help drive economic development, especially in the construction sector. We’re excited to participate in the Beacon Award program and share our successes.”

Matt Sullivan, Council Member, Pleasanton ”The biggest reason to participate in the Beacon Award program is awareness and getting the word out about what can be done in the area of sustainability. It is really our city staff that has made this happen and recognizing them is a good thing.”

Sonoma County

Marsha McLean, Council Member, Santa Clarita

Pleasanton

“Santa Clarita is proud to be recognized for our Beacon Award interim accomplishments in creating a sustainable community. From our LEED certified city facilities, to our solar panel projects, and including a climate action plan in our updated general plan, our city continues to embrace sustainable technologies, building practices and policies.“

Glen Becerra, Council Member, Simi Valley “Simi Valley is pleased to participate in the Beacon Award program because it offers us a chance to show our statewide leadership in sustainability. We have taken sustainability to heart and are doing all sorts of wonderful programs throughout the city — from recycling to green building all the way to energy conservation.”

Santa Clarita Ron Loveridge, Mayor, Riverside

Simi Valley

Riverside

“Riverside is proud to participate in the Beacon Award program. We have been a pioneer in sustainability, including being the first Emerald City, and are eager to share our experiences and learn from other communities..”

CUR R ENT B EACON AWA R D PA RTICIPA NTS (as of November 15, 2011)

www.ca-ilg.org

Arcata Apple Valley Benicia Citrus Heights Chula Vista Davis El Cerrito Glendale

Hayward Livermore Manhattan Beach Palo Alto Palm Springs Pleasanton Riverside San Carlos

San Rafael San Ramon Santa Barbara Santa Clarita San Diego County Santa Cruz Simi Valley

This Program is funded by California utility ratepayers and administered by Southern California Gas Company, San Diego Gas & Electric Company, Pacific Gas and Electric Company and Southern California Edison, under the auspices of the California Public Utilities Commission.

Sonoma County South Gate Taft Tulare Ventura Woodland Yolo County