DECEMBER 2018 |
The Monthly Magazine of the League of California Cities®
®
Preparing for the Drone Age in Your City: Potential Benefits and Issues p.11 U.S. Public Agencies May Need to Comply With EU Data Privacy Regulation p.9 Steer Clear of Trouble: Refresh Your Knowledge and Update Your Skills p.3
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CONTENTS 2 Calendar of League Events 3 President’s Message Steer Clear of Trouble: Refresh Your Knowledge and Update Your Skills
By Jan Arbuckle
I t’s easy to make a misstep by not understanding that what may seem acceptable or harmless may nevertheless be a violation of the law with serious consequences.
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By Derek Dolfie
By Jennifer Whiting
ake advantage of many excellent T opportunities to learn about your new role and the issues that you may encounter during your time on the council.
9 Legal Notes
U.S. Public Agencies May Need to Comply With European Union Data Privacy Regulation By Todd Leishman and Leeann Habte
ublic agencies need to underP stand if and how the new law might apply to them and which of their day-to-day advertising, partnership and online activities might bring them under its purview.
his new technology has enorT mous promise but also brings new challenges for cities, including managing conflicts and disputes over the use of municipal airspace.
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ity Use of Social C Media: Legal and Other Considerations
By Melissa Kuehne
ittle legal precedent exists related L to what cities can and cannot do on social media. However, when making decisions about how to engage on social media, cities should consider a number of legal and practical issues.
6 City Forum
New to City Government? The League Is Here to Help
reparing for the Drone P Age in Your City: Potential Benefits and Issues
Job Opportunities 19 Professional Services 26
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President Jan Arbuckle Council Member Grass Valley
1400 K Street Sacramento, CA 95814 (916) 658-8200 Fax (916) 658-8240
Second Vice President John Dunbar Mayor Yountville
Immediate Past President Rich Garbarino Council Member South San Francisco
Executive Director Carolyn Coleman
For a complete list of the League board of directors, visit www.cacities.org/board.
Magazine Staff Editor in Chief Jude Hudson, Hudson + Associates (916) 658-8234; email: editor@westerncity.com Managing Editor Norman Coppinger (916) 658-8277; email: ncoppinger@cacities.org Contributing Editor Eva Spiegel (916) 658-8228; email: espiegel@cacities.org Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256; email: maxwellp@cacities.org Administrative Assistant Savannah Cobbs (916) 658-8223; email: scobbs@cacities.org Contributors Dan Carrigg Corrie Manning Patrick Whitnell
leaguevents DECEMBER 12–13
Fire Chiefs’ Leadership Seminar, San Francisco The seminar covers challenging leadership topics such as succession planning, labor relations, emergency response, late-breaking issues and more.
12–13
Municipal Finance Institute, San Francisco This conference provides essential information for city officials and staff involved in fiscal planning for municipalities.
12–14
City Clerks’ New Law & Elections Seminar, San Francisco The seminar covers laws affecting elections as well as other aspects of clerks’ responsibilities.
Associate Editors Carol Malinowski Carolyn Walker
January 2019
Design Taber Creative Group
16–18
Advertising Design ImagePoint Design For photo credits, see page 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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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.
17–18
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.
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Legal Advocacy Committee Meeting, Sacramento The committee reviews and recommends friend-of-the-court efforts on cases of significant statewide interest to California cities.
30–February 1
New Mayors and Council Members’ Academy, Irvine This vitally important training prepares newly elected officials for the demands of office and introduces them to the legal constraints on city councils.
ED US IN G
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Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2018 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume XCIV, No. 12.
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First Vice President Randon Lane Council Member Murrieta
League of California Cities
FEBRUARY 13–15
City Managers’ Conference, San Diego Geared to the unique needs of city managers, this conference covers issues affecting cities throughout California.
21–22
Board of Directors’ Meeting, Grass Valley The League board reviews, discusses and takes action on a variety of issues affecting cities, including legislation, legal advocacy, education and training and more.
www.cacities.org
President’s Message by Jan Arbuckle
Steer Clear of Trouble: Refresh Your Knowledge and Update Your Skills City officials have a lot of things to keep track of — their city’s unique needs and issues, the municipal budget, competing community priorities and much more. Furthermore, a barrage of information comes at us every day that includes new regulations, how developments at the state Capitol and in Washington, D.C., may affect our city and what action should be taken in response. Another critical item we typically track is public confidence in City Hall, whether we evaluate this through informal means such as anecdotal information and residents’ input at public meetings or more formal methods like surveys. It takes just one negative incident to change the community’s perceptions of local government. As Warren Buffett said, “It takes 20 years to build a reputation and five minutes to ruin it.” If you lose public trust, you have nothing — nothing to work with going forward because community support is essential to
effective governance and addressing local issues. Rebuilding trust after it has been lost is extremely difficult and can take a very long time. AB 1234 (Chapter 700, Statutes of 2005) requires elected officials to participate in periodic ethics training. The Institute for Local Government (ILG), the League’s nonprofit research affiliate, offers this training both in person and online. However, most cities have an ongoing need for training beyond AB 1234 on how to apply ethics and ethics laws in practical terms to everyday situations. For example, ILG partnered with the City of Palo Alto in 2016 to provide citywide training on its code of ethics and employee ethics policy. The half-day training sessions gave city employees an overview of Palo Alto’s ethics policy, a discussion of ethical challenges and interactive exercises related to ethical values. continued
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Western City, December 2018
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Steer Clear of Trouble: Refresh Your Knowledge and Update Your Skills, continued
The Value of Transparency The chances are very good that you will encounter some type of conflict of interest in the course of your work as an elected official. Coming from a small city, it seems to me that the smaller the community, the greater the chances are for some kind of conflict of interest to occur. Nevertheless, conflicts of interest can arise in cities of any size. This is why it is so important to keep your work on behalf of the public transparent. For example, a council member in my city has a water-quality testing business. When issues related to water quality came up for a vote before the council, this council member wisely recused himself, explaining that it was not appropriate for him to vote on these matters.
Each article presents an overview of the challenge or problem and explores various scenarios for analyzing the situation and identifying the appropriate action(s) to be taken — and missteps to avoid. The series continually reminds readers that the law creates a floor for conduct, not a ceiling — just because a given course of action is legal doesn’t mean it is ethical or that the public will perceive it as such. Although complying with the law offers a place to begin, elected officials are wise to consider a course of action that goes beyond what the law requires when weighing what best serves the community’s interests.
Understanding when it is appropriate and necessary to recuse yourself is also critically important to maintaining the public’s trust.
For example, the article “Blind Spots: Money, Public Service and the Ethical Hazards of Self-Interest” looks at people’s tendency to overestimate their commitment to ethical decisionmaking. This article discusses examples from the public sector and some of the ways that people rationalize unethical behavior.
And it’s easy to make a misstep in many situations by not understanding that what may seem acceptable or harmless may nevertheless be a violation of the law with serious consequences. What you don’t know can cause immense harm to your reputation and professional standing as well as to your city.
And “The ‘Front Page’ Test: An Easy Ethics Standard” is a perennially popular article in the series and one of the most frequently read features on the Western City website. The article offers a simple way to evaluate whether what you are considering is the right thing to do:
The League and ILG provide a wealth of resources, including training and written materials, to help city officials and staff stay ahead of the curve on this type of information. The resources and training offered by the League and ILG are tailored to the needs of local officials and provide consistency.
… some local officials use what’s called the “front page” test. That test requires asking yourself: How would I feel if the course of action I am considering were reported on the front page of the local newspaper or blog? If you would be at all uncomfortable, the best course of action is not to do it — end of analysis.
Ongoing and regular ethics training is valuable, particularly because the law and the rules administered by the Fair Political Practices Commission change periodically. It’s more important than ever to repeat training that you may have had a few years ago, because it’s very likely that a great deal of new information will be provided.
Resources to Help You Avoid Pitfalls and Peril It’s helpful to keep ethics in mind in three ways: for yourself, your city and your city staff.
For City Officials One helpful set of resources can be found in the Western City “Everyday Ethics for Local Officials” series of articles (available at www.westerncity.com). The articles in the series cover a comprehensive range of ethics-related issues in five fundamental categories: 1. Ethical dilemmas that elected officials commonly encounter;
The front page test is analytically useful because it encourages a public official to think about how his or her actions might look to the outside world. … as a public servant, your actions and words are often subject to intense public scrutiny. Thus, a distinct possibility exists that the media and the public (particularly your critics) will scrutinize your actions. However, even if the likelihood of scrutiny is slim or non-existent, the front page test is still a good one to use. As legendary basketball coach John Wooden observed, “The true test of a man’s character is what he does when no one is watching.” City officials can also take advantage of ILG training sessions that cover: • Completing Your Statement of Economic Interests (Form 700); • Successfully Navigating Conflict-of-Interest Reporting;
2. Conflicts of interest;
• Abstentions and Disqualifications — Conflicts of Interest and When One Must or Should Step Aside; and
3. Transparency practices and policies for local agencies;
• The Brown Act.
4. Campaign ethics; and 5. Specific issues related to specific laws.
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League of California Cities
www.cacities.org
For Your City and Staff Your city department heads and staff as well as local officials may benefit from these ILG training sessions:
• Meeting Great Expectations: Dealing With Emotional Audiences; • Local Agency Opportunities for Website Transparency;
• Who Governs What? A discussion about local government and various roles and responsibilities;
• Website Content for Local Agencies to Consider: A Checklist; and
• Effective Meetings;
• Transparency in Local Government: Protecting Your Community Against Corruption.
• Personal and Organizational Ethics; and • Transparency Strategies.
Conclusion
Other ethics and transparency resources for local officials and public agencies available from ILG include a Good Governance checklist and extensive information and materials at www.ca-ilg. org/ethics.
I encourage you to take advantage of these resources to stay current on the law’s requirements for local officials and to keep the issues of ethics and transparency at the forefront for your city organization and staff.
The League also offers a wealth of information for local officials and staff on its Open Government page at www.cacities.org/ Resources/Open-Government, which covers:
Remember to always consult your city attorney for advice in any situation where a conflict of interest may exist or where the best course of action is unclear or may produce negative outcomes.
• Open Meeting Law (Brown Act) Resources;
Finally, always bear in mind that the public’s perception is critically important. Even if a course of action is allowed under the law, it may be a very bad idea in terms of how the community is likely to perceive it — and this is one area where public trust in City Hall can erode quickly. Consider the worst-case scenario in terms of how something may appear to your community and then re-evaluate whether your planned course of action is really the best choice. In many cases, an ounce of prevention is truly worth a pound of cure. ■
• Open Records Law (Public Records Act) Resources; • Conflict-of-Interest Guide and Resources; • Transparency Laws and Related Resources; • Compensation Information; and more. The Western City “Everyday Ethics for Local Officials” series (at www.westerncity.com) provides a number of articles of interest to city staff, including: • Getting Public Employees Off to a Good Start; • Promoting Good Governance Within Your Agency; • Agency Romances: Looking for Love in All the Wrong Places;
More Information Online
• Who Gets to Use Agency Seals, Logos, Letterhead and Other Insignia?;
For links to additional information and related resources, read the online version of this article at www.westerncity.com.
• Get Your Public Meetings Back on Track;
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Western City, December 2018
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New to City Government?
The League Is Here to Help by Jennifer Whiting All your hard work paid off — the votes are in, and residents have put their faith in you to ensure the current and future success of the city. Congratulations! You’ve been elected to the city council.
Getting Up to Speed on City Governance Making the transition from candidate to council member can be jarring. You must quickly become familiar with new rules, schedules and people — and learn to balance the community’s needs and desires with the realities of running a government. Instead of speaking as an individual candidate, you must now speak as part of the council. But you have also become a member of an inclusive and supportive community. The League offers many excellent opportunities to learn about your new role and the issues that you may encounter during your time on the council.
The academy’s programming has been updated for 2019 and includes two state-mandated trainings: Understanding Public Service Ethics Laws (AB 1234) and Sexual Harassment Prevention Training (AB 1661 and 1825). Attendees will also learn about:
one location to two. Traditionally held only in Sacramento, this wildly popular training will also be conducted in Southern California for the first time ever in January 2019. Registration is now open for both sessions, so be sure to act soon!
• Effective advocacy in the state Legislature;
Mayors and Council Members’ Executive Forum and Advanced Leadership Workshops
• The fiduciary responsibilities of city officials; • Best practices in the use of social media; and • The relationship between city council and city staff. The League is expanding the New Mayors and Council Members’ Academy from
Two events in late June 2019 offer council members the opportunity for a deeper dive into cutting-edge approaches to the challenges facing cities. The Mayors and Council Members’ Executive Forum is a two-day event
Jennifer Whiting is director of education and member services for the League and can be reached at jwhiting@cacities.org. To register for League events, visit www.cacities.org/events.
New Mayors and Council Members’ Academy Held in January, the New Mayors and Council Members’ Academy provides vitally important training designed for both newly elected officials and veteran council members who want a refresher course on the basic legal and practical framework in which city officials operate.
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League of California Cities
League conferences offer opportunities to learn new skills and network with others.
with a traditional conference schedule. Through a series of keynotes and breakout session panel discussions, attendees will gain insight into a wide range of topics, such as trends in economic development, labor negotiations, city finance, council-manager relations, election year issues, water innovation and more. Immediately following the conclusion of the Executive Forum, elected officials and staff can attend one of two Advanced Leadership Workshops. These six-hour workshops provide a more extensive review of a specific topic. In 2018, attendees chose between “City Finances — What You Need to Know” and “Exceptional Council for Exceptional Times: Creating a Governance Culture of Civility and Purpose.” Specific session descriptions and registration for the 2019 Executive Forum and Advanced Leadership Workshops will be available in March.
www.westerncity.com
Mark Your Calendar Now for Legislative Action Day The League offers a free, one-day Legislative Action Day event in Sacramento on April 24, 2019, for council members interested in state legislation that impacts their cities. This gathering of city officials from throughout California begins with a briefing on current topics and is followed by visits with legislators and representatives from the governor’s administration.
Convenient Webinars Cover Timely Topics In addition to conducting in-person events, the League hosts more than 20 webinars per year for educational and advocacy purposes. The webinars provide an excellent opportunity for League members to learn from experts without incurring travel costs. ■
Key Information Registration is now open for the New Mayors and Council Members’ Academy. Choose from two locations: • Hyatt Regency Sacramento, Jan. 16–18, 2019; or • Irvine Marriott, Jan. 30–Feb. 1, 2019.
Save the Date Take note of these upcoming events geared to the needs of elected city officials: • Mayors and Council Members’ Executive Forum — Marriott Newport Beach, June 19–20, 2019; and • Advanced Leadership Workshops — Marriott Newport Beach, June 21, 2019. Register at www.cacities.org/events.
Western City, December 2018
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www.ICSandCDARS.com Placement of funds through the ICS or CDARS service is subject to the terms, conditions, and disclosures in the service agreements, including the Deposit Placement Agreement (“DPA”). Limits apply and customer eligibility criteria may apply. In the ICS savings option, program withdrawals are limited to six per month. Although funds are placed at destination banks in amounts that do not exceed the FDIC standard maximum deposit insurance amount (“SMDIA”), a depositor’s balances at the relationship institution that places the funds may exceed the SMDIA (e.g., before ICS or CDARS settlement for a deposit or after ICS or CDARS settlement for a withdrawal) or be ineligible for FDIC insurance (if the relationship institution is not a bank). As stated in the DPA, the depositor is responsible for making any necessary arrangements to protect such balances consistent with applicable law. If the depositor is subject to restrictions on placement of its funds, the depositor is responsible for determining whether its use of ICS or CDARS satisfies those restrictions. When deposited funds are exchanged on a dollar-for-dollar basis with other banks in the network, the relationship institution can use the full amount of a deposit placed through ICS or CDARS for local lending, satisfying some depositors’ local investment goals/mandates. Alternatively, with a depositor’s consent, and in states where this is allowed by law, the relationship institution may choose to receive fee income instead of deposits from other banks. Under these circumstances, deposited funds would not be available for local 05/18 lending. ICS, Insured Cash Sweep, and CDARS are registered service marks of Promontory Interfinancial Network, LLC.
U.S. Public Agencies May Need to Comply With European Union Data Privacy Regulation by Todd Leishman and Leeann Habte A sweeping new global privacy law took effect in May, and its reach extends even to local public authorities in the United States. The General Data Protection Regulation (GDPR) of the European Union (EU) regulates the way personal data must be collected, stored and shared. Although its impact on private companies is being broadly discussed, little attention has been paid to its impact on public authorities that fall within its scope. This article offers information to help public agencies understand if and how the GDPR might apply to them and which of their day-to-day advertising,
partnership and online activities might bring them under the GDPR’s purview. This article also provides practical steps that public agencies can take to comply with the law.
Privacy Law Applies to Local Agencies That “Process” Certain Personal Data Unlike its predecessor, the EU’s Data Privacy Directive, the GDPR’s territorial scope reaches certain private entities and public authorities outside the EU — including federal, stateand local government
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.
agencies. For a public authority or private entity in the United States, the GDPR applies in two instances: 1. When the entity processes personal data of individuals (sometimes called “natural persons”) in the EU (including the United Kingdom) where the processing relates to “the offering of goods or services,” even if no payment is required; or 2. When processing relates to monitoring data-subject behavior as far as the behavior takes place in the EU. continued on page 22
Todd Leishman and Leeann Habte are attorneys with the law firm of Best Best & Krieger LLP and can be reached at Todd.Leishman@bbklaw. com and Leeann.Habte@bbklaw.com, respectively. Elizabeth Barket, formerly with Best Best & Krieger LLP, also contributed significantly to this article.
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Western City, December 2018
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Preparing for the
Drone Age in Your City: Potential Benefits and Issues By Derek Dolfie
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The skies over the City of Folsom filled with drones on May 3, 2018, to create a new version of Time magazine’s masthead and cover graphics. This marked the first time in the magazine’s 95-year history that both the cover’s subject and its photographer — drones — were identical. Industry sales of drones, formally known as unmanned aircraft systems (UASs), illustrate the enormous market and demand for these devices in the United States. Sales grew from $443 million in 2015, when the products were first introduced in the U.S. market, to $1.3 billion in 2017, a 193 percent increase in revenue — and drones’ popularity continues to grow at a dizzying pace. This technology offers opportunities for businesses, local governments and recreational hobbyists. Realtors, wedding photographers and insurance companies are using drones to present properties,
capture overhead views and check roof conditions, respectively. Amazon is exploring the use of drones for package delivery. Drones can help fire departments survey burning buildings, police departments search for suspects and public works departments check utility lines. Hobbyists and others use drones to obtain bird’s eye views of city streets, beaches and parks. But the emergence of this new technology also brings new challenges for cities: managing the conflicts and disputes that will arise over the use of municipal airspace. As drone use increases, so do the challenges associated with reconciling competing uses, protecting individual privacy, reducing noise, responding to public complaints and determining hours of drone operation. The League recently convened a task force to help develop policy on this
emerging issue. This article provides city officials with background on the issue, an overview of recent efforts and federal and state pre-emption, a summary of League policies and suggested steps for city officials to consider as they prepare for the drone age.
The Age of Drones Brings Changes and Opportunities Drone technology is somewhat disruptive but has almost limitless potential. Yet with multiple businesses, governments and individual hobbyists seeking to operate within the local, state and federal regulatory structures, conflicts can readily arise. In May 2018, for example, residents in a Sacramento neighborhood reported hearing and seeing a drone flying above their homes at night. Residents discovered that the Sacramento Housing and continued continued
Derek Dolfie is a legislative policy analyst for the League and can be reached at ddolfie@cacities.org.
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Preparing for the Drone Age in Your City: Potential Benefits and Issues, continued
Redevelopment Agency (SHRA) owned and operated the drone. SHRA was flying the drone from 6 p.m. to 6 a.m. over the neighborhood to observe and report crime, but many residents were unaware of the program and alarmed by the drone’s presence. According to SHRA, it initiated the drone program to enhance the safety and security of its residents. This example illustrates the constantly evolving situation with problems caused by drone use and underscores the need for increased public transparency associated with drone technology and regulations that address privacy, safety and enforcement concerns.
The League encourages cities to begin the process of educating their residents and local business owners about the use of drone technology.
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In 2015, the online retail giant Amazon announced that it was developing the Amazon Prime Air program in Ireland. The program’s goal was to eventually use drones to deliver packages directly to customers’ front doors, but the service is not yet operating. Although this technology has yet to be broadly implemented, Amazon and other companies are likely to push hard for widespread commercial drone delivery in the near future. On Oct. 5, 2018, President Trump signed the Federal Aviation Administration (FAA) Reauthorization Act of 2018. This legislation does a variety of different things regarding aviation and drones, but most notably it authorizes
companies designated as “air carriers” to use drones to deliver goods as early as October 2019. One can easily imagine that when drones begin delivering packages in city neighborhoods and business districts in the near future, questions will arise regarding appropriate routes, noise, privacy and other issues. Over the next year, the FAA will use its rulemaking process to craft the regulations that will guide drone deliveries. Cities should both continue to monitor the development of the FAA regulations and begin to anticipate the potential benefits and issues associated with the widespread use of this technology. These examples underscore the need for additional thought to be given to how drone use will be integrated into urban environments. Since the use of this technology began, the media, residents and a variety of government officials have reported incidents of drones causing public safety, privacy or nuisance issues. Hobbyists who fly drones over parks and beaches can create noise, privacy and other conflicts with residents using the same areas. When equipped with cameras that can peer into windows and backyards, disputes can be expected with drone use in residential neighborhoods. In cases of commercial entities using drones to assess real estate, survey agricultural fields and take professional photos, it’s likely that appropriate time, place and manner parameters need to be established. And when local governments use drones to inspect infrastructure, aid in police operations and improve emergency response times, they must also use this technology in a transparent and responsible manner.
Recent Activity at the FAA An ongoing struggle exists between the federal government, states and local governments regarding which entity is allowed to regulate drones and to what extent. In a fact sheet issued Dec. 17, 2015, the FAA states that it has “field preemption” over local governments when it comes to regulating airspace. Essentially, the FAA argues it has sole congressional
www.cacities.org
authority to regulate all airspace and local governments that try to regulate airspace will be pre-empted. However, the same FAA fact sheet also states, “Laws traditionally related to state and local police power — including land use, zoning, privacy and law enforcement operations — generally are not subject to federal regulation.” This identifies a window for measured and appropriate local regulation. The FAA is attempting to address this problem in two ways: first, by establishing the Drone Advisory Committee, which comprises 27 members, two from local governments and the rest from drone manufacturing and technology companies. This advisory committee’s purpose is to help the FAA, drone industry and local governments identify problems and facilitate dialogue among various stakeholders. Although this task force includes local government representatives, their voices are often drowned out by the many industry and other stakeholders seeking to establish a unified federal regulatory structure for drones. Second, the FAA is addressing local versus federal issues through the UAS Integration Pilot Program (IPP). This program aims to help the U.S. Department of Transportation and FAA create new rules that allow more complex low-altitude operations — by identifying ways to balance local and national interests related to drone integration and by improving communications with local, state and tribal jurisdictions. The UAS IPP involves 10 entities, including the cities of San Diego and Reno. Challenges to local regulation, however, are not exclusive to the federal government.
Recent Legislative Activity in California In recent years, battles have occurred between local governments and the drone industry over proposed legislation and have resulted in a stalemate. The League opposed and helped stop several industry attempts to pre-empt local governments through state legislation.
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Some League-supported legislation that would have established a statewide drone regulatory framework has also failed. In 2016, the League supported SB 868 by Senator Hannah-Beth Jackson (D-Santa Barbara), which sought to establish a state regulatory framework. The bill died in the Assembly due to drone industry opposition. AB 2724, authored by former Assembly Member Mike Gatto (D-Glendale) in 2016 and supported by the League, also attempted to establish such a framework. The bill, which Gov. Jerry Brown ultimately vetoed due to questions about federal pre-emption, would have required drones to have “geo-fencing” (a technology that defines a virtual boundary) capabilities that would stop them from flying into sensitive areas; it also would have required drone operators to have adequate liability insurance for personal injuries or death. In 2018, however, Assembly Member Jacqui Irwin (D-Thousand Oaks) sought to bring various stakeholders together to explore whether progress could be made. She convened the League, California Police Chiefs Association and DJI, a major drone industry company, to work on AB 3173, a bill containing intent language that expressed the desire to develop a balanced approach to a consistent state regulatory framework for drones. The introduction of this legislation triggered the League to work with city officials to develop additional policies that clarify what local officials would want in such a framework. Although that bill did not
advance in 2018, the League appreciates Assembly Member Irwin’s efforts to begin a discussion with stakeholders. Because the use of this technology is expanding, making progress in better defining a framework that works for local governments and industry will benefit all concerned. Discussions among the stakeholders are expected to continue in 2019.
The League Addresses Drone Policy In response to the lack of a statewide drone regulatory framework, the League’s Drone Task Force, composed of members of the League’s Transportation, Communication and Public Works and Public Safety policy committees, wrote an organizational policy document that created a statewide drone regulatory framework with the interests of cities in mind. The policy, which the League board of directors formally adopted in June 2018, addresses three main areas: minimum statewide standards, enforcement and the role of local regulation. The policy outlines the roles of the state, law enforcement and local governments in effectively establishing and enforcing a statewide drone regulatory system. Some aspects of the policy focus on protecting privacy rights, ensuring that local law enforcement has authority to enforce the laws governing drones and designating continued on page 15
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Preparing for the Drone Age in Your City: Potential Benefits and Issues, continued from page 13
different avenues of regulation for various types of drone operators. The policy articulates the critical importance of cities maintaining the time, place, manner and powers to regulate drones — otherwise cities would be subject to one-size-fits-all regulations that ignore the needs of Californians and their unique communities (see “The League’s Drone Policy: A Summary” at right for more detailed information).
How Cities Can Get Ahead of This Issue The League encourages cities to begin the process of educating their residents and local business owners about the appropriate use of drone technology. Such efforts give cities opportunities to gauge residents’ and local business owners’ interest in or reservations about drones. This process also provides insights on how to help craft balanced ordinances that address key community issues. As with any new technology, the potential also exists for abuse and misuse; however, cities should work to avoid measures that limit the beneficial uses of this emerging technology. Cities must also remain vigilant about efforts to pre-empt their local regulatory authority and outside groups launching drone technology without city authorization or approval. Technology constantly changes and evolves, and cities are both innovators and laboratories for innovation.
The League’s Drone Policy: A Summary The League’s drone policy sets forth a regulatory framework with roles for the federal, state and local governments. The role of the federal government is already established in federal law through the Federal Aviation Administration (FAA); however, the roles of state and local governments are unclear. The League believes the state, local law enforcement and local governments should play complementary interconnected roles in a statewide drone regulatory structure. The policy sets out suggested minimum rules for the state, including but not limited to, the following activities: • Ensuring that drones are properly registered with the FAA; • Upholding public safety standards for privacy and safety; and • Granting immunity from liability for jurisdictions that establish drone areas or parks. Local law enforcement should have the authority to enforce state and local drone laws to ensure that problems associated with drones can be addressed at the local level. Currently, local police departments lack the ability to enforce federal law because the FAA claims jurisdiction over the airspace; so, for example, a resident who is being disturbed by a drone circling over their home would need to call the FAA. The League
policy articulates the need for local law enforcement to have the authority to enforce drone laws, so that a resident with a drone issue could call 911 and have the local Police Department respond rather than needing to contact the FAA. Finally, the role cities play should include but not be limited to: • Retaining the ability to impose time, place and manner restrictions on drone operations under 400 feet in city airspace; • Retaining the ability to enact and enforce rules of general applicability to address unsafe drone operations, such as trespassing, nuisance or noise issues; • Ensuring that city drone ordinance information is readily available to drone operators; • Establishing clear rules for hobbyists by adopting community-based safety guidelines; • Adopting guidelines for how drones would be used within the city’s airspace; and • Planning appropriately for the use of drones in public spaces and designating “no fly” zones around critical infrastructure. To read the full League drone policy, visit www.cacities.org/drones.
Take steps to ensure that your city is prepared for the drone age and doesn’t miss an opportunity to harness this new technology. Visit www.cacities.org/ drones to learn more, stay engaged on drone issues in the state Capitol and watch for League communications and action alerts regarding drones. ■
More Information Online For additional information and links to related resources, read the online version of this article at www.westerncity.com.
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City Use of
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Legal & Other Considerations By Melissa Kuehne
Nearly 75 percent of Americans now use social media. According to the Pew Research Center, as of August 2018, two-thirds (67 percent) of Americans reported that they get at least some of their news on social media including, for the first time, more than half (55 percent) of those age 50 or older. Americans are also now more likely than ever to get news from multiple social media sites, with approximately one quarter of all U.S. adults (26 percent) getting news from two or more social media sites. This is in contrast to a drop in daily newspaper circulation (down 11 percent) and viewership of cable evening news (down 12 percent), network morning news (down 10 percent) and local morning news (down 15 percent). These statistics illustrate some of the reasons that cities statewide are increasingly experimenting with and expanding their use of social media. In addition to the pervasiveness of social media use among Americans, online platforms like social media offer cities a number of community engagement and transparency benefits.
“Our city is relatively new to social media, opening its first accounts in 2016,” says Alexa Davis, assistant to the city manager for Rolling Hills Estates. “The city is on Facebook, Instagram and NextDoor and is experimenting with livestreaming via Facebook Live to better engage with our community, be responsive to concerns and share city news and events.”
“Maintaining an active social media presence allows me to share information and connect with my constituents — especially the younger generations — in a meaningful way,” says San Luis Obispo Mayor Heidi Harmon. “I hope to encourage and inspire my community to get involved with the city and in the decisionmaking process.”
Cities are building social media into their communications plans to help disseminate information and promote city events and projects. In addition, social media can encourage engagement from community members who may not normally get involved in civic matters because of time or transportation constraints, language barriers or other obstacles. Allowing residents to provide feedback and comments beyond in-person public forums and council meetings can provide cities with a broader picture of community values and perspectives. This open dialogue and engagement gives residents more access to the city decisionmaking process, which typically results in greater transparency.
Challenges Related to Social Media Although social media offers benefits and opportunities for cities, it also has some potential challenges. For example, cities and other entities often struggle with how to manage their social media presence. A choice must be made about whether the site management is centralized as a function of the public information officer or communications staff or is decentralized to department staff. Centralized management more easily enables consistent messaging, branding and posting but it can also be
Melissa Kuehne is communications and development manager for the Institute for Local Government and can be reached at mkuehne@ ca-ilg.org. Corrie Manning, deputy general counsel for the League; Kara Ueda, attorney with the law firm of Best Best & Krieger LLP; and Christine Dietrick, city attorney for San Luis Obispo, also contributed to this article.
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Online platforms like social media offer cities a number of community engagement and transparency benefits.
time consuming. Although decentralized management allows staff with subjectmatter expertise to post content and may create more buy-in and ownership from staff, it likely also creates the need for more upfront training of staff and oversight by communications and/or executive staff to ensure appropriate messaging.
There may also be a concern that only people with negative comments and opinions will engage. Adopting a social media policy with clear guidelines on how the site is moderated — such as no offensive or profane language, comments must be relevant to the related post, no personal attacks, etc. — can help staff address some of these concerns.
Another consideration is staff time. Though some platforms can assist staff by allowing posts to be scheduled ahead of time, staff time still needs to be allocated to developing new content and responding to emerging stories and issues. As with all communications in a 24-hour news cycle world, it is important to set and manage expectations about response time to comments and messages.
Legal Considerations Currently not much legal precedent exists related to what cities can and cannot do on social media. However, when making decisions about how to engage on social media, cities should take a number of legal considerations into account. It is also always advisable to consult your city attorney if you have questions.
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The Brown Act
The Brown Act requires governing bodies of local agencies to conduct open and public meetings, subject to limited exceptions, and to post meeting agendas in advance. It also prohibits “serial meetings” — a series of communications that results in a majority of decisionmakers conferring on an issue. This prohibition applies to electronic communications such as email and therefore may extend to interactions and comments on social media channels as well. For example, if a majority of the council comments on or likes the same post, this could be considered a “serial meeting” and trigger a Brown Act violation. It is also important to note that the Brown Act becomes applicable when candidates are elected, and not just when they take office.
The Public Records Act The Public Records Act, subject to specified exemptions, requires public agencies to make documents created, used or possessed by the agency available to the public upon request. It is not currently clear which records cities are required to keep in relation to social media — whether just the posts and comments of the city itself or all comments on city posts. It is also unclear if the internet archives of the social media pages are sufficient or if cities need to download and save all records on their servers with other files. continued
Western City, December 2018
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City Use of Social Media: Legal and Other Considerations, continued
Due Process Constitutional due process principles require a decisionmaker to be fair and impartial when the decisionmaking body is sitting in what is known as a “quasijudicial” capacity. Quasi-judicial matters include variances, use permits, annexation protests, personnel disciplinary actions and licenses. Quasi-judicial proceedings tend to involve the application of common requirements or principles to specific situations, much as a judge applies the law to a particular set of facts. If conversations about proposed city projects occur on social media sites, this may be considered a violation of the “ex parte communications” doctrine, which suggests that in quasi-judicial matters all communications to decisionmakers about the merits (or demerits) of an issue should occur in the context of the noticed hearing.
First Amendment Considerations Another legal question arises around whether elected officials can block users and whether or not that constitutes a violation of the free speech clause of the First Amendment. A recent case, Davison v. Loudoun County Board of Supervisors, examines this issue. In this case, the chair of the Loudon County Board of Supervisors blocked a constituent from her Facebook page for approximately 12 hours. The
Adopting a social media policy with clear guidelines on how the site is moderated can help staff address concerns.
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constituent then sued, alleging this was a violation of his First Amendment and due process rights. The U.S. District Court for the Eastern District of Virginia found that the operation of the Facebook page created a “public forum” and therefore by blocking the constituent on the basis of his viewpoint constituted a violation of his First Amendment rights. However, the court also noted that public officials may moderate comments on their social media pages, and that it may not always violate the First Amendment to ban or block commenters from social media platforms. While this decision has no direct impact on California cities, it offers an interesting case study of how other jurisdictions are grappling with this complex issue. For more information on the ethics laws mentioned here, visit www.cailg.org/ethics.
Tips to Consider Include social media in the orientation for newly elected officials. Many — if not most — cities conduct orientations for new council members covering city ordinances and state laws that council members need to understand and keep in mind. It may be helpful to include social media in this discussion to share your city’s social media policy (if one exists) or share some of the legal considerations mentioned here as they make
# More Information Online
For additional information and links to related resources, read the online version of this article at www.westerncity.com.
the transition from candidate to council member. For example, suggest that they should at least be mindful of who else is commenting — particularly other council members — when they are considering commenting on social media posts. Create a social media policy. Such a policy can set parameters on the branding, messaging and content for cityadministered pages and outline policies for moderating discussions — for example, provide specific guidelines on moderating comments on Facebook. In addition, policies can outline which city staff members have the ability to post and/or the approval process for posting to social media channels. The Institute for Local Government offers a number of sample social media policies for cities to reference. For more information, visit www.ca-ilg.org/social-media-strategies. ■
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Western City magazine’s job opportunity section is the source for job seekers looking for positions in local government. When you place a job opportunity ad in Western City
Call Pam Maxwell-Blodgett at (800) 262-1801 to place a display (boxed) ad or for rate and deadline information, or email admanager@westerncity.com. Website Job Postings Display ads are posted on our website at no additional charge. But if you miss the deadline for getting your job opportunity ad into the magazine, you can post it on the Western City website right away. To post your job opportunity ad on our automated website, visit www.westerncity.com or contact Savannah Cobbs, Western City administrative assistant; email: scobbs@ cacities.org; phone: (916) 658-8223.
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CITY MANAGER City of Trinidad Salary Negotiable, DOQ
Under direction of the City Council, the ideal candidate must be resourceful, have an excellent understanding of municipal management, and be a skilled communicator and problem solver. Experience in public finance and budgeting, grant oversight, and contract administration is preferred. The ideal candidate would also be responsive, able to manage conflicting opinions, and work efficiently with very few support staff. Qualified individuals must submit a resume including 3 personal references. Deadline for filing is December 11, 2018. For current budgeted salary & a complete job description, please visit www.trinidad.ca.gov
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Police Chief
City of South Pasadena, CA
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ocated just six miles from downtown Los Angeles, the City of South Pasadena is home to a diverse population of 26,047 within its 3.44 square miles of flatlands and hillsides on the west side of the San Gabriel Valley. This highly desirable community blends the best of small town charm and proximity to unlimited urban amenities. South Pasadena prides itself on its quiet tree-filled neighborhoods and architectural and natural beauty. The South Pasadena Police Department is supported by a staff of 54 and a FY 2018-19 budget of $8.8 million. The ideal candidate will be a highly regarded law enforcement professional who is well-versed in contemporary community policing. He/she will be a hands-on leader who enjoys being actively engaged with employees and the community. To that end, superior communications and interpersonal skills will be expected. Ten years of progressively responsible experience in a California law enforcement agency that includes management experience and a bachelor’s degree are required. A master’s degree and/or formal leadership development is preferred. Salary up to $164,532; salary supplemented by an attractive benefits package. Visit www.tbcrecruiting.com for detailed brochure and to apply online. Closes December 23, 2018. Teri Black • 424.296.3111 Bob McFall • 818.429.4699
Western City, December 2018
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Invites interests in the position of
EXECUTIVE OFFICER
Local Agency Formation Commission (LAFCO) – Riverside, CA. The Riverside Local Agency Formation Commission (LAFCO) invites interested, qualified applicants to apply for the position of Executive Officer. The Executive Officer reports to the seven members and four alternates on the Local Agency Formation Commission. Under the direction of the Riverside LAFCO, the Executive Officer is an at-will employee who will plan, organize and direct LAFCO staff while acting as a liaison with County departments, State and City governments, community groups, special districts and the general public. A bachelor’s degree and three or more years of experience in Public or Business Administration, Economics, Planning, Political Science or related fields is preferred. More information on the position can be found at www.deloachassociates.com. No applications required. Please send resumes to Robert A. DeLoach by email to robertadeloach1@gmail.com, no later than December 21, 2018. DELOACH & Associates, Inc. | Phone: (909) 758 – 0273
City Manager
City of Hillsborough, CA
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erving a population of approximately 11,000, the residential community of Hillsborough is located slightly south of San Francisco in San Mateo County. An oasis within the Silicon Valley, this picturesque community is known for its incomparable quality of life, superior municipal services, and outstanding schools. Hillsborough has long benefitted from stable elected leadership, fiscal strength and mutually respectful relationships between policymakers and staff. The Town’s services are supported by a total FY2018-19 budget of $59.8 million ($27.5 million General Fund) and 88 employees. The ideal candidate will be a strategic and results oriented leader who is experienced in working through complex issues and projects. An empowering manager with a strong team orientation, he/she will foster an environment where people are valued and supported to do their best work. Experience serving an engaged community with superior standards will be considered favorably. Seven (7) years of increasingly responsible local government experience that includes considerable management/ supervisory experience and a Bachelor’s degree are required. A Master’s degree is strongly preferred. Salary will be negotiable, competitive and DOQE; salary is supplemented by an attractive benefits package. This recruitment will close at midnight Sunday, December 16, 2018. Visit www.tbcrecruiting.com for detailed brochure and to apply online. Teri Black • 424.296.3111 Suzanne Mason • 562.631.2500
General Counsel
Sacramento County Employees’ Retirement System
Learn more at
www.cpshr.us
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Happy Holidays from
City of Santa Clara, CA Assistant Director of Water and Sewer Utilities
The City of Santa Clara, a full-service Charter City with a population of 129,607, is seeking an Assistant Director of Water and Sewer Utilities. The City’s Water and Sewer Utilities Department operates on a budget of $102.1 million with 73 full-time employees to provide its customers a dependable supply of safe, potable water; environmentally-sound wastewater collection, treatment, and disposal; and recycled water, where available, for approved uses including irrigation and industrial processes. Under administrative direction of the Director of Water and Sewer Utilities, the Assistant Director oversees/supervises one or more of the divisions in the City’s Water, Wastewater, Recycled Water, and Solar Utilities. The ideal candidate has a track record of demonstrated leadership, proven accomplishments, and superior performance in a public agency, public utility, municipal organization, or a closely related organization with an emphasis on water utility management, including operations, maintenance, and capital projects delivery. At a minimum, candidates must possess the equivalent to possession of a Bachelor’s Degree from an accredited four-year college or university in engineering or an approved related field, and have four (4) years of increasingly responsible experience in the water, wastewater, recycled water, and/or solar utility industries, at least one (1) year of which shall have included management and supervision of professional and paraprofessional staff. Possession of a Water Distribution Operator’s Certificate D4 issued by the California Department of Public Health is required. Desirable qualifications include a Master’s Degree in engineering, management, or business or public administration; possession of a Water Distribution Operator’s Certificate D5 (may be required within two years of appointment); possession of a Grade 3 Wastewater Collection System Maintenance Certificate issued by the California Water Environment Association; and Registration as a Civil Engineer by the California State Board of Registration for Professional Engineers. The salary range for the Assistant Director position is $171,108-$221,448, DOQ. Contact: Valerie Phillips
County of Orange, CA Assistant Director of Orange County Public Works
The County of Orange (OC) has a challenging opportunity for a highly motivated and dynamic leader with the experience and expertise to help manage and direct the OC Public Works Department. At the County you will find variety, individual opportunity, job satisfaction, and the pleasure of working with colleagues who are dedicated to making a difference. This is an outstanding opportunity to work with a diverse group of professional disciplines with widely varying backgrounds while interacting with staff to inspire, motivate, and empower. The Assistant Director will be an experienced, organized, decisive, and innovative leader with the highest degree of integrity, leadership, and professionalism, as well as strong interpersonal skills and excellent judgment. Candidates must possess ten years of increasingly responsible experience and must have direct expertise in at least one of the five service areas reporting to the Assistant Director. The monthly salary range for the incoming Assistant Director of Public Works is $10,429.47-$19,779.07; placement within this range is dependent upon qualifications. Contact: Valerie Phillips – Filing deadline December 27, 2018
City of Millbrae, CA Community Development Director
The City of Millbrae, CA is a bustling city of 22,000, uniquely situated within the sunny hills between the Pacific Ocean and beautiful San Francisco Bay. The City boasts easy accessibility, beautiful hillside homes, the largest intermodal transportation terminal west of the Mississippi, excellent public schools, and a highly utilized network of scenic parks. The City is currently seeking candidates for the Community Development Director position. The City of Millbrae is seeking a Community Development Director who is a committed and strong leader that can represent the department with integrity and honesty. Candidates must possess the equivalent to a Bachelor’s degree in planning, civil engineering, public administration or a closely related field; a Master’s degree is highly desirable. A typical qualifying background would be five (5) years of experience at the department director level or equivalent in planning or redevelopment background, with some relative building department operations experience in a public agency including at least two (2) years of supervisory planning and/or inspection experience. Experience working in a city similar in size to Millbrae will be valued. The salary for the Community Development Director position is open, dependent upon qualifications. Contact: Valerie Phillips – Filing deadline December 28, 2018
City of Glendale, CA
Director of Public Works
City of San Jose, CA
Deputy Director – Environmental Services Department – Watershed Protection Division
Santa Clara County Central Fire Protection District, CA Assistant Fire Marshal
Santa Clara County Central Fire Protection District, CA Hazardous Materials Assistant Fire Marshal
If you are interested in these outstanding opportunities, visit our website to apply online.
www.bobmurrayassoc.com
U.S. Public Agencies May Need to Comply With European Union Data Privacy Regulation, continued from page 9
Many public agencies in the United States might process data within the scope of the GDPR. “Process” here generally means to collect, use or both.
Processing Related to Offering Goods and Services to People in the EU Although the GDPR does not clearly define when processing relates to “the
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City of Hawthorne
CAREER OPPORTUNITIES
Located near the Los Angeles International Airport and downtown Los Angeles, the City of Hawthorne could easily be termed the “Hub of the South Bay.” The City serves nearly 87,000 residents within a 6-square mile area. The City possesses a shared vision toward the future to create a great city and build an economy which supports the community’s desire for a high quality of life. The following career opportunities are under recruitment due to upcoming retirements.
Director of Public Works & City Engineer Director of Building & Safety/Plan Check Engineer The annual salary range is $104,484 to $145,524 DOQ.
Public Works Manager
The annual salary range is $94, 392 to $131,196 DOQ. Salary is supplemented by a competitive benefits package that includes 3%@60 CalPERS for “Classic” members and City paid retiree medical. Visit www.cityofhawthorne.org for position requirements and latest recruitment information. For first consideration, apply by November 26, 2018. Submit a completed City application and a comprehensive resume to City of Hawthorne Human Resources, 4455 W. 126th St., Hawthorne, CA 90250.
Community Development Director City of Agoura Hills, CA
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n the western edge of Los Angeles County nestled in the foothills of the Santa Monica Mountains lies the City of Agoura Hills (pop. 20,878). Spanning 8.2 square miles with substantial dedicated open space, this contract city is known for its outstanding quality of life that is characterized by its low crime, family friendly atmosphere, superior schools, and beautiful landscapes. The Planning & Community Development Department is supported by 7 staff members plus contractual and consultant support as needed. The ideal candidate will be an experienced planner accustomed to serving a community that values quality development and the importance of protecting the environment. He/she will be adept at balancing various perspectives and interests and be proactive in offering up creative solutions that are aligned with community priorities. Competitive candidates will possess a minimum of five years of progressively responsible experience in urban planning in a comparable environment, including at least two years of service in a supervisory or administrative capacity, along with a bachelor’s degree. A master’s degree is preferred. Salary range $135,778 - $165,432; salary supplemented by an attractive benefits package. Visit www.tbcrecruiting.com for latest info and to apply online. Teri Black • 424.296.3111 Bob McFall • 818.429.4699
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League of California Cities
offering of goods or services” to individuals in the EU, the GDPR does provide some guidance on factors that a court might consider in making that determination, such as whether advertised goods or services can be purchased in an EU country’s language or currency or whether the context of an advertisement is clearly designed to reach an overseas audience. For example, a local public agency might process data within the meaning of the GDPR by: • Hosting a tourism website (such as a website for a conference center, hotel or special event) with content that advertises to a global or EU audience; • Providing an option to purchase certain goods (such as tickets or hotel bookings) in an EU member state’s currency or language; • Publishing testimonials of EU residents or organizations that have used the advertised goods or services; or • Maintaining an email distribution list targeting entities or persons interested in knowing about certain events or availability related to the public authority.
Processing Related to Monitoring Behavior in the EU If a public agency collects information on EU residents through advertising or online tracking, the agency is likely processing personal data related to monitoring behavior and is subject to the GDPR. If a public agency gathers personal data through a website or a mobile app or provides a third party with access to personal data that it gathers through such sources, the agency should investigate to learn whether any person in the EU is “monitored” by the agency within the meaning of the GDPR. Although the GDPR does not define “monitoring,” its implementing regulations indicate that monitoring occurs when “natural persons are tracked on the internet.” This includes the use of personal data processing techniques like “profiling” a person, which may entail
www.cacities.org
The General Data Protection Regulation of the European Union regulates the way personal data must be collected, stored and shared.
analyzing or predicting his or her personal preferences, behaviors or attitudes based on the personal data gathered. However, it doesn’t end there. Far less technical practices appear to constitute monitoring within the meaning of the GDPR. A public agency might be deemed to be monitoring people in the EU if the agency:
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• Uses website analytics tools or behaviorbased ad-retargeting programs; • Employs tracking technology, such as using cookies on a website or collecting a visitor’s IP address; • Profiles users for fraud-prevention purposes; • Engages in location-based data gathering (for instance, through a mobile app associated with a particular local authority or an app connected with a third-party offering services in partnership with the local authority, such as a bike-share program); or • Passes on personal data to third parties for monitoring or profiling purposes.
Requirements for Agencies Subject to the GDPR For entities subject to the GDPR, the law imposes two significant requirements. First, it provides new privacy rights to natural persons in the EU, including the rights to require the deletion of personal data, object to the processing of their personal data and, in certain instances, obtain personal data held by an entity regulated by the GDPR. Second, it places substantive data security, transparency and breach notification requirements on those entities under its purview — along with many other compliance requirements designed to regulate the use and continued on page 26 www.westerncity.com
— Thank you —
to our amazing clients and candidates!!!
Wishing you a peaceful and joyous holiday season. Teri • Joe • Tracey • Lucia • Ingrid • Suzanne Bob • Julie • Bradley • Cindi • Emily
www.tbcrecruiting.com
Western City, December 2018
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Director of Human Resources
Cosumnes Community Services District, Elk Grove, CA
Located in California’s Central Valley about 15 miles south of Sacramento, the Cosumnes Community Services District (CSD) is an exciting, specialized autonomous special district that provides parks, recreation, fire protection, and emergency medical services to an estimated 220,000 persons. The CSD’s 157 square-mile service area includes the cities of Elk Grove and Galt, and the unincorporated area of south Sacramento County. California’s largest community services district, CSD employs 299 full-time staff, over 500 part-time staff, and has a 2018/19 FY budget of $105 million. A bachelor’s degree in human resources, business or public administration, or related field, and seven years of professional human resources program management experience are required, including five years as supervisor or manager. Labor and collective bargaining experience, especially public sector (fire) strongly preferred. PHR or SPHR certifications preferred. Comprehensive benefits. Initial annual salary range $129,000 - $142,000 DOQE. Relocation assistance subject to negotiation. Filing deadline is December 17, 2018. Contact Andrew Gorgey.
Deputy Director of Public Works City of Rancho Palos Verdes, CA
With expansive views of the Pacific Ocean and Los Angeles basin, Rancho Palos Verdes’ diverse and active population of approximately 43,000 residents enjoy 7.5 miles of coastline, the 1,400-acre Palos Verdes Nature Preserve, and hundreds more acres of open space. Rancho Palos Verdes is a contract city that has maintained its low-tax, low density, semi-rural environment. The Public Works Department has 18 outstanding staff members in the areas of Administration, Engineering, Maintenance, Permitting and Resident Services. The Deputy Director is appointed by and reports to the Director of Public Works and will be responsible for the $6M budget and $7.1M CIP development, oversight, and implementation; contract management of a vast array of consulting contracts; ongoing implementation of TRAKiT permitting system software and requisite training within the department and city organization; staff support to citizen committees; and a variety of additional duties. A transparent and open team player is sought to join this high-performing department of professionals. Candidates for this position must possess the equivalent to graduation from an accredited four-year college or university with major coursework in civil engineering, construction technology or management, business or public administration, or a related field and four years of management and/or administrative experience in civil engineering, municipal public works maintenance, or a related field. Registration as a Professional Engineer in California is desirable. The annual salary range is $99,197 to $167,960 DOQE. Filing Deadline: January 7, 2019. Contact Bobbi Peckham.
Human Resources Director Metro, Portland, OR
More than 30 years ago, Metro was created to become the nation’s first directly elected regional government. Metro’s more than 1,600 staff and elected leaders bring people together to shape the future of greater Portland and provide parks, venues, services and tools that work best at a regional scale. That includes land use and transportation planning, garbage and recycling systems, parks and natural areas and regional venues such as the Oregon Zoo, Oregon Convention Center, and Portland’5 Centers for the Arts. The Human Resources Department is dedicated to attracting and retaining an effective, engaged, and diverse work force that reflects the community Metro serves. The full-service department operates with a $3.3M budget and 23 staff within the divisions of Total Rewards, Talent Sourcing, Employee Engagement, Culture and People Development, and Systems Efficiency. Metro is looking for a Human Resources Director who has a passion for people, an eye for strategy, and a desire to work for an organization that helps its community thrive. As a member of the senior management team, the Director will promote innovation, critical thinking, and collaboration. Requirements include a Bachelor’s degree in human resources or a directly related field and at least eight years of progressively responsible management experience, preferably with two years in the public sector, with responsibility for strategic planning, budgeting, and personnel management operational planning or any combination of comparable education and experience. The annual compensation range for this position is $141,029 - $204,505. Filing Deadline: December 28, 2018. Contact Bobbi Peckham.
“All about fit” City Manager
City of Barstow, CA
Midway between Los Angeles, CA, and Las Vegas, NV, along historic US Route 66 in San Bernardino County, the City of Barstow, California (pop. 24,000, 40 sq. mi.), is a progressive community and a major transportation center. I-15 and I-40 converge here, along with State Routes 58 and 247, and the BNSF Railway. Ontario International Airport is 75 minutes away. In the high Mojave Desert, Barstow has operated under the council-manager form of government for over 70 years. The five-member City Council (Mayor elected at large, Council Members by district) serve four-year terms without limit. Voters just retained all incumbents and passed a one-cent sales tax. This career opportunity is available with the retirement of beloved City Manager Curt Mitchell, who has capably served Barstow since 2011. A bachelor’s degree (public administration, business, or related), and five to seven years of progressively responsible experience as a professional city manager, assistant city manager, or equivalent are required. A master’s degree and ten years of experience are preferred. Comprehensive benefits. Initial annual salary range forthcoming. Residency within corporate limits strongly preferred. Relocation assistance subject to negotiation. Filing deadline is January 14, 2019. Contact Andrew Gorgey.
Finance Manager
City of San Clemente, CA
The beautiful southern California coastal city of San Clemente is a family-oriented community of 65,400 residents and encompasses 18.5 square miles. With its natural beauty and outstanding amenities, San Clemente maintains an exceptional quality of life for its vibrant and engaged citizenry. This coastal jewel embraces a higher standard for development, historic preservation, and urban design. The City of San Clemente enjoys a stable organization with strong, award-winning financial planning, and a supportive, stable, and fiscally conservative City Council. The Finance Division enjoys a professional and dedicated staff of approximately 13 FTE’s and operates with a FY 2018-19 budget of $2.35 M. The division consists of Finance Administration, Financial & Accounting Services, Utility Billing and Cashiering, Business Licensing and Purchasing. Appointed by and reporting to the Assistant City Manager, the Finance Manager will have proven experience with managing pension funds and unfunded liabilities, including pension reform. Seven years of increasingly responsible experience in governmental accounting or auditing, including three years of supervisory responsibility is required. Certified Public Accountant certificate in California and a Bachelor’s degree from an accredited college or university with major course work in accounting, business administration, or a related field is required; Masters degree is preferred. The annual salary range is $126,871- $158,068 annually; appointment DOQE. Filing deadline is January 7, 2019. Contact Josh Agnew.
City Manager
City of Rio Rancho, NM
With stunning, high-desert landscapes and magnificent views of the Sandia Mountains, the City of Rio Rancho, New Mexico (pop. 96,159, 103.7 sq. mi., elev. 5,290 ft.) is southwestern living at its best. Incorporated in 1981 and a home-rule municipality since 1995, it is the third largest and fastest growing city in the state. Northwest of Albuquerque, Rio Rancho is just 45 minutes from Santa Fe and its world-class art, cuisine, and culture. Near perfect weather year-round, affordable housing, abundant outdoor recreation, and an outstanding school system are just some of the reasons Money magazine (Sept., 2018) named Rio Rancho the 30th Best Place to Live in America. A bachelor’s degree or higher in public administration, business, or related field, and five to seven years of progressively responsible experience as a professional city manager, assistant city manager, or executive equivalent are required. Comprehensive benefits. Initial annual salary range $150,000 - $170,000 DOQE. Relocation assistance subject to negotiation. Filing deadline is January 2, 2019. Contact Andrew Gorgey.
To apply, please visit our website at:
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U.S. Public Agencies May Need to Comply With European Union Data Privacy Regulation, continued from page 23
transfer of “personal data” — defined broadly as “any information relating to an identified or identifiable natural person.” Personal data includes a data subject’s name, identification numbers, location data and online identifiers, such as an IP address, cookie or a radio frequency identification (RFID) tag and “special” data categories, like genetic and biometric data.
third-party entities — GDPR compliance will likely comprise an important step toward institutionalizing appropriate privacy and data security practices.
Complying with the GDPR should include the following steps: • Assess and update data inventories, business processes and data strategies;
The GDPR has established new norms for privacy and data security that have already shaped California law and public perception regarding privacy rights. Earlier this year, the California Legislature enacted a privacy law similar to the GDPR. Although the California law does not appear to apply to local governments, privacy laws are evolving at a rapid clip, and local governments must diligently assess compliance obligations.
Penalties for Failure to Comply With the GDPR Public agencies in the United States that are subject to the GDPR are expected to comply — and may face consequences for failing to do so. Penalties for noncompliance can reach up to 20 million Euro or 4 percent of annual worldwide revenue — whichever is higher — and individual “data subjects” (persons with rights under the GDPR) can seek compensation for damages caused by a GDPR violation.
• Update privacy notices and policies; • Implement protocols to ensure consumer rights; • Make security updates; • Update third-party processor agreements; and • Conduct training for employees. Each of these steps requires evaluation and development of new policies and procedures. Legal counsel can assist in assessing compliance needs and in implementing a compliance strategy that is appropriate for your agency. ■
Looking for Footnotes? For a fully footnoted version, read this article online at www.westerncity.com.
Steps to GDPR Compliance Public agencies should view the GDPR as a call to action and an opportunity to increase and clarify internal controls and policies for data gathering, use and storage activities. Key decisionmakers should be made aware of potential GDPR compliance obligations. As public authorities increasingly gather and use data for official and commercial purposes — including in partnership with private
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How does the League help you better serve your community? Read more “On the Record” at www.westerncity.com.
Bessine Richard Council Member San Bernardino
Vartan Gharpetian Council Member Glendale
John Mirisch Vice Mayor Beverly Hills
www.westerncity.com
The League makes it possible for us to network and keeps us current on what other cities are doing so we don’t reinvent the wheel unnecessarily.
They provide lobbying resources on issues that are important to us. Coming together with one voice at the state Capitol gives us more power.
We get very useful information and a way to connect with other cities to work on solutions to common problems we face.
Illece Buckley Weber Council Member Agoura Hills
Grace Vallejo Mayor Delano
Steve Hofbauer Council Member Palmdale
League conferences and educational programs show us how similar communities are solving common problems — this is so important.
They offer information we would not otherwise have and keep us up to date on potentially harmful legislation. The membership dues are a good investment.
Whatever challenge we may encounter, usually another city has already dealt with it. The League enables us to collaborate with other cities to find better solutions.
Western City, December 2018
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