Western City June 2012 by Western City Magazine

JUNE 2012 |

The Monthly Magazine of the League of California Cities

Electronic Media and Public Records Law p.12 Websites & Transparency Opportunities p.9 Putting Technology to Work p.3

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CONTENTS 2

Calendar of League Events

President’s Message

Putting Technology to Work The Internet is no longer a new tool, and many cities are making good use of it. In this era of fiscal austerity, we are all working to do more with less. Cities are using technology to improve efficiency and increase government transparency.

Members of the public and local agency officials carrying out the public’s business increasingly use electronic media to communicate. This article provides an overview of the law, discusses some emerging issues and offers suggestions.

City Forum

Redesigned League Website Offers New Tools And Features

The website features enhanced tools to help League members advocate for their cities, become involved in the policy-making process and learn about important upcoming educational opportunities for city officials.

Everyday Ethics for Local Officials

Local Agency Opportunities for Website Transparency Public agency transparency comprises two dimensions: information and process. This article includes a handy checklist of items local agencies may want to consider including on their website.

California Cities Helen Putnam Award for Excellence

Hollister Uses Solar Technology to Save Money And Educate Workforce

By Eva Spiegel

Local Agency Electronic Media Use and California Public Records Law By the League of California Cities’ Committee on the California Public Records Act

By Mike Kasperzak

Legal Notes

The city took an innovative tack in dealing with unpredictable electricity rates and used a public-private partnership to train workers for the green energy industry.

Job Opportunities

Professional Services Directory Cover Art: Vladgrin/Shutterstock

Looking for “On the Record”? This month’s “On the Record” interviews with council members are on our website. Visit www. westerncity.com and click on “Web Exclusive.”

President Michael Kasperzak 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 Former 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>

JUNE

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

14 – 15 Policy Committee Meetings, Sacramento The League’s policy committees review issues of interest to cities statewide and make recommendations to the League board of directors.

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

Administrative Assistant Anita Lopez (916) 658-8223 e-mail: <alopez@cacities.org>

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

Contributors Koreen Kelleher JoAnne Speers Patrick Whitnell

JULY

19 – 20

Associate Editors Carol Malinowski Carolyn Walker

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

Design Pat Davis Design Group, Inc. For photo credits, see page 18.

SEPTEMBER

5–7 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

Join us on Facebook! www.facebook.com/westerncity www.facebook.com/LeagueofCaCities

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.

Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2012 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume LXXXVIII, No. 6.

League of California Cities 2012 Annual Conference & Expo, San Diego Convention Center This conference offers dozens of educational sessions, numerous professional development opportunities, hundreds of exhibits and a chance to participate in the League’s policy-making activities at the Annual Business Meeting.

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League of California Cities

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President’s Message by Mike Kasperzak

Putting Technology to Work

When it comes to technology, a few things are clear. The Internet is no longer a new tool, and many cities are making good use of it. In this era of fiscal austerity, we are all working to do more with less. Cities are looking for ways to improve efficiency and make government more transparent. The Internet offers a wide range of opportunities to share information with our residents and engage them in the civic life of their community and local government decision-making.

The Demise of the Digital Divide

When cities first started communicating online with their residents, many city leaders expressed concern about the “digital divide” — the gap between people who had access to computers and those who did not. But the recent explosion of mobile and smartphone technology has dramatically changed the digital divide. Internet access no longer requires a desktop computer; smartphones now provide an easy way to connect. The popularity of this technology has made it increasingly pervasive.

19 percent own an e-book reader and 19 percent have a tablet computer — and about 63 percent go online wirelessly with one of those devices. Groups that have traditionally been on the other side of the digital divide in basic Internet access are now using wireless connections to go online. The study also found that both African-Americans and English-speaking Latinos are as likely as non-Hispanic whites to own any sort of mobile phone and are more likely to use their phones for a wider range of activities.

According to a 2012 study conducted by the Pew Internet & American Life Project (http://pewinternet.org), 88 percent of American adults have a cell phone, 57 percent have a laptop,

This is good news for cities. But it raises the question: Are local governments making the best possible use of technology in

www.westerncity.com

continued

Western City, June 2012

Putting Technology to Work, continued

service to their communities? Cities are using technology to communicate with residents in wildly diverse ways, from websites to social media to public safety smartphone applications. Some cities have enthusiastically embraced Internet technology, while others are more cautious. Let’s take a look at the thinking behind such caution. Addressing Common Concerns

City officials considering the use of online technology cite a number of concerns, including the following. Launching an online effort can involve a financial commitment, whether it’s less than $5,000 or upward of $10,000 — and our city’s budget is already tight. While this is a valid concern, it’s worthwhile examining which items in your city’s budget might be reduced or eliminated and replaced with an online service for a lower cost. For example, say my city is updating its General Plan and wants to invite public comment. This involves giving public notice to about 30,000 households. Using the traditional method of printing a postcard, affixing addresses and sending the cards out by mail can easily cost upward of $20,000. However, software packages and online services are currently available — some for no cost and others for significantly less than $20,000 — that would deliver the same results. As postal rates increase and more people use their phones as their primary means of communication, city officials should be thinking about how to

New Guide Available The Institute for Local Government has published a new guide for local officials about online civic engagement that covers a variety of related areas and offers tips for communities that are interested in exploring the opportunities afforded by today’s technology. For more information, visit www.ca-ilg. org/onlinepublicengagement.

League of California Cities

use technology to maximize the effectiveness of taxpayer dollars that are spent on informing the public. If we put our public information online, people will misunderstand or misuse it. In the wake of recent scandals around misuse of public funds by city officials, the need for local government transparency is greater than ever. One result of these scandals is a significant increase in requests from the public and the media for information. Posting information online that is frequently requested under the Public Records Act is a good step toward increasing transparency and may also reduce the number of requests that require staff to respond. (For more information, see “Local Agency Opportunities for Website Transparency” on page 9.) It’s difficult to get new technology projects off the ground. This is true if the project in question is overwhelmingly large in scope and requires complex integration with the city’s data systems. However, online services and products can be added to a city’s existing services much more easily today than a few years ago. A number of these offer significant advantages for involving the public in local government. Seizing New Opportunities for Public Engagement

Many online services provide convenient ways for cities to engage the public. Some are free, and others are fee-based. These

services create virtual online communities that are organized by city neighborhoods or geographic areas. They can also function as a virtual town hall meeting. Many of us have experienced the downside of online public forums where vitriol is commonplace and little if any effort is made to moderate the comments or elicit input from a broad cross section of the community. However, many of these shortcomings are addressed by the online services I’m talking about here. For example, one fee-based service customizes the online forum to meet the city’s needs; it posts the issues that the city seeks public input about, but within a structure that has guidelines and is moderated. In this particular model, each community member must register and agree to the rules in order to participate. They cannot post anonymously, and they are limited to one post per issue. This pretty much eliminates the issue of vitriolic rants and situations where one person posts repeatedly. This service uses a moderator who moves the posts of people who violate the rules to a virtual parking lot, ensuring that everyone who participates has an equal voice and civility is observed. Another service, which is free, enables people to create virtual communities and exchange information. Neighborhoods are using this model to share ideas and tips on everything from baby sitters to potluck dinners and gardening. This type of service provides a forum for the city to solicit feedback from residents on a broad range of civic issues and share www.cacities.org

the recent explosion of mobile and smartphone technology has dramatically changed the digital divide.

Specialized insurance solutions for California public agencies. information about activities and projects that affect their neighborhood, such as public works and road closures. In my city, Mountain View, residents are using this type of free service. However, the city is still considering its options in terms of how best to engage the community online. (To find such services, search online using combinations of the following key words: community, neighborhood, building, open, civic engagement, town hall, neighbors, connect, service.) Having vibrant neighborhoods is important for all our cities, and we need to be connected with our residents for many reasons — emergency response during disasters, building a sense of community that enhances public safety, fostering civic pride and much more. Now we have access to tools that make it easier to further engage people in local government and communicate with them directly through online posts that they access through their phones. In these times of shrinking resources, why not use these tools that are free or low cost? They enable us, in many cases, to increase transparency and provide more public notice for less cost. The Issue of Risk

It’s safe to say that in general, government is averse to taking risks, and human nature is resistant to change. When using new tools, such as the ones described here, a certain amount of risk is involved. But everything we do involves continued

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Western City, June 2012

Putting Technology to Work, continued

some degree of risk; nothing is risk free. In local government, that means we as elected officials must assess the risks and make decisions that are in the public’s best interests. We must make a conscious effort to overcome our natural resistance to change and challenge ourselves to find better ways to serve our communities. Step Outside Your Comfort Zone

We frequently hear that people want government to operate “more like a business.” They want it to improve the efficiency of operations and offer better service to its customers: the public. And while the differences between government and business are significant (and, indeed, fodder for an entirely separate discussion), the need to improve service and increase efficiency is in keeping with the principles of good governance. The rapidly shrinking digital divide offers op-

Are local governments making the best possible use of technology in service to their communities?

portunities for local government to reach and engage people in ways that have not been possible until now. We are in a new era, and we need to seek proactive solutions to the challenges facing our communities. As responsible public servants and elected officials, we must explore new ways to engage and serve our residents. I urge you to step outside your comfort zone and look at how your city can better use technology to do just that. n

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

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League of California Cities

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Redesigned League Website Offers New Tools and Features by Eva Spiegel

If you haven’t visited the League online recently, log on to www.cacities.org and check out the new functionality designed to make it easier to find news, information and resources for cities. Launched in late April, the website features enhanced tools to help League members advocate for their cities, become involved in our policy-making process and learn about important upcoming educational opportunities for city officials.

On the Home Page

Just below the main navigation, a horizontal box highlights key League news stories and other items of interest. This section features a rotating slideshow to allow visitors to see numerous headlines, many of which come from the League’s electronic newsletter, CA Cities Advocate. More headlines linked to news stories appear to the left in the vertical column. Real-time updates, provided through the League’s @CaCities Twitter feed, are located below the slideshow. The Member Toolbox

Because advocacy is the cornerstone of the League’s work, the Member Toolbox — located in the center of the new home page — directs visitors to important bills, the hottest issues and an expedited way to take action. This toolbox also appears on the left side of every page so wherever you go on the website it’s there for you to use on behalf of your city. The first tab in the toolbox is Bill Search. Select the “Bill Search” link and you’ll be able to plug in any bill number and find not only the League position but also the name of the lobbyist working the bill as well as correspondence to legislators and sample letters.

The Hot Issues tab provides quick links to background information, white papers and other resources on critical issues for cities. The third tab, Take Action, provides a one-stop shop that facilitates contacting your lawmakers to take action on issues affecting your city. This new, easy-to-use feature allows you to customize letters and send the communication. Other New Features

The new website also includes a gallery featuring a wide variety of videos of interest to cities. We’ll be posting interviews with our leaders, staff, city officials, conference speakers and others to keep you apprised of critically important topics. The Upcoming Events box is prominently placed to ensure that city officials can quickly find information about League conferences and events related to their profession. Each conference has its own page where visitors can access the event announcement, online registration, program materials, handouts, speaker profiles, accommodations and more. On the home page and throughout the entire website, a convenient “jump to” box directly routes visitors to key sections connected to member involvement. In the

“jump to” box, you can select a professional department, League region or policy committee and access CA Cities Advocate and the League’s public listservs. City attorneys are enthused about the new, improved Amicus Program interface. The request for amicus support process is streamlined and efficient. The new website still contains the extensive City Attorney Library of papers and filings. League members won’t want to miss the Financial Solutions for California Cities box in the left column. This is where you’ll find links to League-sponsored financial services that provide savings in pooled investments and joint purchasing opportunities. And check out the League Partner Spotlight on the bottom left side to learn about the companies and organizations working with cities throughout California. Tell Us What You Think

This is just a sample of what you will find at www.cacities.org. We encourage you to spend some time exploring the website and everything it offers city officials. Please share your feedback via e-mail to <espiegel@cacities.org>. We are eager to know how you’re using these valuable tools. n

Eva Spiegel is communications director for the League and can be reached at <espiegel@cacities.org>. www.westerncity.com

Western City, June 2012

Everyday Ethics for Local Officials

Local Agency Opportunities for Website Transparency

This article is a service of the Institute for Local Government (ILG), whose mission is to promote good government at the local level with practical, impartial and easy-to-use resources for California communities. See â&#x20AC;&#x153;Acknowledging Contributorsâ&#x20AC;? on page 20 for a list of individuals who contributed to this article. For more information about ILG, visit www.ca-ilg.org.

League of California Cities

www.cacities.org

Question My agency is interested in increasing its transparency efforts through its website. With this objective in mind, what information should our local agency consider including on its website? Answer The answer to this question has two parts: 1. The kinds of information that might go on an agency’s website; and 2. How that information should be presented. To help with the first part, the Institute for Local Government (ILG) has assembled a checklist for agencies to consider (see pages 10 and 11). Whether each item on the checklist makes sense for a given community depends on a number of factors, including community interests and the local agency’s available resources. This includes the resources to keep information current once it has been posted. In evaluating these issues, an agency may want to consider the potential resource savings associated with making information available without having to be asked for it, as well as the potential for enhancing public trust and confidence in the agency.

Agency Websites: Where the Public Goes for Information Thinking about what useful information might go on the agency’s site is a timely consideration. For example, a Pew Research Center study found that 61 percent of Americans either looked for information or completed a transaction on a public agency website in the 12 months before the study. Specific website activities with the highest concentration of interest included: • Agency Information — 48 percent of users looked for information about the agency or issues within the jurisdiction and powers of the agency; • Agency Services — 46 percent used the Internet to determine what services were offered by the agency; and • Agency Records — 41 percent downloaded forms and 35 percent researched official documents/agency statistics. About a third of those searching also use alternate online communication platforms such as blogs, social networking sites, e-mail, online video and text messaging, while a quarter of these users want to actively participate and share their ideas and views on policies, procedures or issues.

Transparency Considerations There are two dimensions to public agency transparency: 1. Information transparency; and

Use One-Way Communication or Interactive Options?

2. Process transparency. With respect to both kinds of transparency, a website can provide raw information (budget numbers and meeting dates) and also offer the public some background information on what the numbers mean for the services they receive and how they can participate in the decision-making process if they choose. Many local agencies are struggling with budget cuts, and providing information involves staff time, money and sufficient site capacity. With this in mind, ILG has developed a number of resources designed to help local agencies offer general information about their decision-making processes to the public as part of its “Local Government 101” efforts (www.ca-ilg.org/localgovt101). ILG welcomes links to its resources from agency websites.

This article emphasizes information that agencies might consider offering online. By its nature, the information is one way — from the agency to the public. Agencies can also offer more interactive online experiences through their websites and other platforms, such as mobile applications. These experiences enable the public to offer input and information to the agency, as well as engage in dialogue. For more information on using technology to seek public input, visit www.ca-ilg.org/onlinepublicengagement.

continued on page 20 www.westerncity.com

Western City, June 2012

Local Agency Opportunities for Website Transparency, continued

Website Content for Local Agencies to Consider: A Checklist This checklist provides a general guide to the types of information local agencies can provide that support transparency.

Decision-Making Information ❒ Information on agency decisionmaking and advisory bodies (governing body, boards and commissions), including: o An explanation of the local agency’s decision-making process and how to participate in it o A brief explanation of how each body fits into the decision-making process o The work program for each body or equivalent (for example, the planning commission is updating a historical preservation ordinance, or the recycling and waste reduction commission is crafting a commercial recycling ordinance) o The performance measures used to assess the agency’s performance in relation to its goals o The regular meeting schedule for each body o Any meeting rules or protocols adopted by the agency ❒ Agendas and supporting materials for upcoming meetings ❒ Meeting notices, agendas, documents and minutes for all upcoming and ongoing agency public engagement activities (translated into other languages as appropriate to the community) ❒ Minutes and agendas for past meetings ❒ Archive of video/audio recordings of meetings, if meetings are recorded ❒ Explanation of how an interested member of the public can participate in meetings ❒ How to apply to be on a board, commission or committee

League of California Cities

❒ How to receive e-mail notices and agendas for meetings ❒ Contact information for staff who can answer questions about any of the posted decision-making information and provide additional information

Financial and Human Resources Information ❒ Current-year budget and explanatory information, including past years’ information, budget trends and the governing body’s resolution adopting the current budget ❒ Graphs and charts describing the budget and budget trends

 Lobbyists  Nonprofits o Current requests for proposals (RFPs) and requests for qualifications:  A list of submitted RFPs  The results for submitted RFPs (which firm was selected to do the work) o Purchasing policies o Information on doing business with the agency ❒ Other spending information, including:

❒ Explanations of various agency revenue sources, restrictions on how such revenues may be used, and revenue trends

o Check register or equivalent (for example, an annual list generated from accounts payable that shows who was paid and how much)

❒ Comprehensive annual financial reports

o Legal settlements and judgments

❒ Treasurer’s monthly reports

❒ Labor agreements, personnel rules and all non-confidential documents controlling, prescribing or describing rules that govern pay and benefits received by local agency employees

❒ Salary and compensation information, including:

❒ Financial policies, including those that address:

❒ Annual audits for the past three years ❒ Multiple-year financial forecast

o Elected officials’ salary and compensation o Salary plan and salaries for agency employees o Pension and other post-employment benefit costs o Resolutions establishing compensation ❒ Job descriptions ❒ Contracts and purchasing o Current contracts, including:  Consultants

o Investment o Credit card use o Reserves o Travel/expense reimbursement o Petty cash o Internal controls/financial checks and balances ❒ Contact information for staff who can answer questions about any of the posted financial and human resources information and provide additional information

 Legal counsel

Permits and Zoning

 Top-earning administrators

❒ Land-use permitting, including:

 Bargaining units

o Permit information and application forms www.cacities.org

o Regulations o General Plan, General Plan updates and any Specific Plans o Zoning codes o Design review standards o Staff contact information o Hours of operation, including a list of scheduled closures and legal holidays

information about specific places in the jurisdiction.

Elected Officials’ Information ❒ Names ❒ Biographies ❒ Terms (including term limitations) ❒ Represented areas and district boundaries (if applicable)

o Decision-making body meeting schedules, agendas and minutes

❒ Information on the powers, duties and functions of the elected position

o How to participate in the planning process

❒ Contact information (phone and email)

❒ Building permits, including: o Information about building codes and any local deviations o Permit information and forms o Staff contact information o Hours of operation, including a list of scheduled closures and legal holidays o How to schedule inspections ❒ Code enforcement, including: o Property maintenance regulations

❒ How to run for office/election information ❒ Voter registration information

Disclosure, Public Service Ethics and Transparency ❒ Form 700s/Statement of Economic Interests ❒ Campaign disclosure forms (and/or links to other agency sites where such information is maintained) and links to FPPC explanatory materials ❒ Other required disclosures, including:

 Request form  Process explanation ❒ AB 1234 ethics training compliance information ❒ Other local ethics regulations/information ❒ Information about participation in lobbying activities/organizations ❒ Approved whistle-blower policy ❒ Approved document retention policy

News ❒ Sign up for any agency e-bulletins or media releases ❒ Links to agency official blogs and social media accounts (for example, Facebook and Twitter)

o Code enforcement request forms

o Form 801/Gifts to Agency

❒ Links to past and current media releases

o A current case list of properties with code violations

o Form 802/Tickets in Connection with Ceremonial Functions

❒ Sign up for emergency information

o Staff directory

o Form 803/Fundraising Disclosure

Other

o Hours of operation, including list of scheduled closures and legal holidays

o Form 806/Agency Report of Public Official Appointments

❒ Information about key agency positions, including:

❒ Contact information for staff who can answer questions about any of the posted permit and zoning information and provide additional information Note: Providing permitting and code enforcement records by address/parcel number is an additional option. Some agencies also make information available through geographic information systems (GIS) that provide multiple kinds of

www.westerncity.com

❒ Local conflict-of-interest code and explanation ❒ How to find public records, including:

o Their powers, functions and roles o How to contact those offices by phone and e-mail

o What records are available online

❒ Municipal code and policies (ideally in searchable form)

o How to request a public record, with

❒ Service requests, compliments and complaint submittal information

 Contact person and contact information

❒ General contact information for help in navigating the website

Western City, June 2012

Local Agency Electronic Media Use and California Public Records Law by the League of California Cities’ Committee on the California Public Records Act

Members of the public and local agency officials carrying out the public’s business use electronic media to communicate, and this type of communication is increasingly widespread. Local agencies also use electronic media for external and internal communications and to create, transmit and store official information.

his article provides an overview of the law affecting local agency electronic information, discusses some emerging electronic records issues affecting local agencies and offers suggestions regarding local agency electronic records programs. For a more extensive resource on records laws affecting California local agencies, see The People’s Business: A Guide to the California Public Records Act (www.cacities.org/PRAGuide) and the 2011 supplement (www.cacities.org/PRAGuideSupp).

Public Right of Access to Local Agency Records

The California Public Records Act obligates state and local agencies to: • Make agency records that are not exempt from disclosure available for inspection or copying during normal office hours; and • Provide copies upon payment of the agency’s duplication costs. The public’s right of access to agency records has also been incorporated into the California Constitution.

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.

The Public Records Act Applies to All Forms of Records

The Public Records Act applies to any information prepared, owned, used or kept by a state or local agency, regardless of the form in which the information is kept. The act is continued on page 14 The League’s Committee on the California Public Records Act includes: Eric Danly (chair), Meyers Nave, city attorney for Cloverdale and Petaluma; Roy Hanley, Hanley and Fleishman, city attorney for King City and Solvang; Kimberly Hood, Best Best & Krieger, deputy city attorney for Davis; Craig Labadie, Law Offices of Craig Labadie, city attorney for Albany; Donald Larkin, assistant city attorney for Palo Alto; Joe Montes, Burke Williams & Sorensen, city attorney for Alhambra, Moorpark and Santa Clarita; Juli Scott, (ex officio), retired Burbank chief deputy city attorney; and Mario Zamora, Griswold, LaSalle, Cobb, Dowd & Gin, assistant city attorney for Hanford.

League of California Cities

www.cacities.org

www.westerncity.com

Western City, June 2012

Local Agency Electronic Media Use and California Public Records Law, continued from page 12

intended to cover every conceivable kind of record involved in the governmental process, including every new form of record-keeping that is developed. Local agencies must be prepared to satisfy Public Records Act disclosure requirements for all current and future electronic records that are not exempt from disclosure. (For a list of common exemptions, see “Items Exempt From Disclosure” on page 15.) All agency e-mails, Facebook pages, tweets, blogs, podcasts and other electronic communications and records not exempt from disclosure are subject to inspection and copying on request. Agencies that initiate the use of new electronic information media should anticipate the need to make electronic and hard copy records available under the Public Records Act. Electronic Records Requirements Affecting Local Agencies

Some provisions of the Public Records Act and other statutes and case law directly address electronic records requirements that affect California local agencies. Requests to Provide Records Electronically Agencies must provide electronic copies of existing electronic records that are not

exempt from disclosure in the format requested if it is a format in which the agency keeps the records or transmits them to other agencies. Agencies may agree to produce requested electronic records that require data compilation, extraction or programming — but cannot be required to do so. When they agree to produce such records, agencies may charge the requester the cost of the required data compilation, extraction or programming. To ensure reimbursement, agencies may wish to require a deposit prior to incurring such costs. Posting Agency Personal Contact Information on the Internet The Public Records Act prohibits posting an elected or appointed official’s home address and telephone information on the Internet without first obtaining the official’s written permission. Agencies that post Statements of Financial Interests (also known as Form 700s) may wish to encourage use of officials’ business addresses on the disclosure form. Geographic Information Systems Geographic information system “base map” data that is integrated with a local government agency-developed computer mapping system is not a public record subject to disclosure.

Automated Traffic Enforcement System Photos Photographs made by automated traffic enforcement systems (red light cameras) are confidential and may be made available only to governmental and law enforcement agencies — and only for the purpose of traffic control. Local Agency Review of Employee Text Messages Local agency review of employee text message transcripts without a warrant as part of an administrative investigation may be consistent with the Fourth Amendment to the U.S. Constitution when the review is for non-investigatory, work-related purposes or for investigating work-related misconduct — if the measures used are reasonably related to the search objectives and are not excessively intrusive. Local agencies may wish to consider adopting policies that govern the use of agency electronic communications systems. Such policies should address users’ expectations of privacy in such systems, among other issues. Emerging Issues Affecting Local Agencies

Given the dramatic increase in the use of electronic communications and information systems and the rapid, ongoing development of new electronic information devices, systems and uses, it is not surprising that there are a number of evolving electronic records issues affecting local agencies. Such issues include metadata, legislative body member e-mails and e-mail retention. Metadata Metadata is data about data that is contained in an electronic record. Metadata can reveal who created an electronic record and when, who has edited or viewed a record, and notes and commentary concerning an electronic record. Neither the Legislature nor the California courts have directly addressed how metadata should be treated under the Public Records Act. Courts in other jurisdictions have ruled that metadata embedded in electronic public agency records is subject to the

League of California Cities

www.cacities.org

Items Exempt From Disclosure

The Public Records Act applies to any information prepared, owned, used or kept by a state

Some exemptions from disclosure that most frequently apply to public agency records and that are contained or recognized in the Public Records Act include those for:

• Attorney-client privileged communications;

• Signed referendum, initiative and recall petitions;

• Pre-decisional communications protected by the deliberative process privilege; and

or local agency, regard-

• Drafts not retained in the ordinary course of business;

less of the form in which

• Pending litigation information;

the information is kept.

• Personnel, medical and similar information that if disclosed would invade personal privacy;

same rules concerning disclosure and exemptions from disclosure as any other public agency electronic information. Local agencies should consider treating a records request for metadata in the same way they would treat any other electronic information — by providing all metadata not exempt from disclosure. Legislative Body Member E-mails Local agency legislative body members may send and receive e-mails concerning agency business. No published California case addresses the status of legislative body member e-mails sent on personal devices and accounts. However, a relatively recent trial court ruling may provide some helpful considerations regarding treatment of local agency legislative body member e-mails. The Tracy Press sued the City of Tracy and one of its city council members seeking an order to disclose e-mails between the council member and Lawrence Livermore National Laboratory members. The trial court ruled in the city’s favor, relying on two main conclusions. First, the court held that the city council member was not covered by the definition of a “local agency” subject to the Public Records Act. Second, the court held that the e-mails, which were sent from the council member’s home computer using her private e-mail account, did not meet the definition of public

• Law enforcement information (except specified information that must be disclosed); • Real estate appraisals for public property acquisition and engineering estimates for public construction; • Records exempt or prohibited from being disclosed under other laws;

• Attorney work product; • Official information privileged records;

• Information regarding which, based on the particular facts, the public interest in nondisclosure clearly outweighs the public interest in disclosure. For a more extensive list and discussion of public agency records that are exempt from disclosure, see Chapter 4 of The People’s Business: A Guide to the California Public Records Act (www. cacities.org/PRAGuide) and the latest supplement (www.cacities. org/PRAGuideSupp).

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“We needed a material for the ADA compliant areas of the parking lot that would facilitate wheelchair access, accept code required striping and still allow the storm water to percolate.” — Brian Dougherty, FAIA, Dougherty + Dougherty Architects LLP

sccpconcrete.com

continued on page 19 www.westerncity.com

Western City, June 2012

Hollister Uses Solar Technology to Save Money and Educate Workforce The City of Hollister lies 40 miles south of San Jose and 40 miles inland from Monterey; with a population of 35,165 it’s the only major municipality in San Benito County. Unpredictable electricity rates have presented a challenge for the city in recent years. But with plenty of sunlight and clear skies, it’s an ideal location for generating solar power. Hollister considered these factors and began exploring the idea of using solar power to run its

Local laborers install solar panels.

new $120 million wastewater-treatment plant. Looking for Alternatives

The plant’s annual $550,000 electric bill provided a good incentive to examine alternatives. The city wanted to achieve several things: protect the environment, reduce greenhouse gas emissions and develop clean energy solutions. After looking at a number of possibilities, staff began discussions with a private-sector solar energy services company in 2009. The company proposed to finance, build and own a 1.2-megawatt solar installation on 3.2 acres at the wastewater-treatment plant. The city in turn agreed to purchase electricity from the company at reduced rates. In addition, the company proposed creating educational programs to train local workers for the solar industry. The Hollister City Council signed a power purchase agreement with the company in January 2010, which stipulated that only local labor would be used to build the plant. The panel installation phase created 20 local jobs, and six positions were in place for the entire six-month construction phase. Later in 2010, the Hollister School District signed a similar agreement for installing solar panels at nine schools and its district office. Public-Private Partnership Provides Training

Projects such as this can generate controversy in small communities. Hollister was fortunate to have the support of the local chamber of commerce, San Benito Economic Development Corporation, San Benito Business Council and the Santa Clara-San Benito Counties Building and Construction Trades Council. The San Benito Economic Development Corporation stepped up to take the lead in implementing the educational component

through its Clean Energy Technology Center, which is focused on creating a world-class green workforce by providing local access to training and education. The center’s partners comprise a network of public and private entities, including the International Brotherhood of Electrical Workers (IBEW), the San Benito County Workforce Investment Board and West Valley College. Nancy Martin is president of the San Benito Economic Development Corporation. She says, “West Valley College and the IBEW conducted a 118-hour course for 20 students who wanted to improve their skills or learn new skills. The plant’s construction provided a great opportunity for hands-on learning about how solar power works and what it takes to develop a solar farm. The students heard firsthand from the electrical workers about their experiences in the solar industry.” The solar power plant went online in October 2011. As the school district’s solar project moves forward, the Clean Energy Technology Center is planning more classes that use the installation as a learning experience. Martin says, “We’re broadening our efforts to provide education at all levels so everyone — even the youngest students — can learn how solar power operates. We’re also looking forward to expanding the publicprivate partnership.” The City of Hollister has made a significant commitment to green energy and sustainability with this project. In addition, the educational component of the project provides skills and training for tomorrow’s workforce. Contact: Doug Emerson, council member, District 4, Hollister; phone: (831) 637-8399; e-mail: <dae11dae@pacbell.net>. n

The City of Hollister won the Award for Excellence in the Planning and Environmental Quality category of the 2011 California Cities Helen Putnam Award for Excellence. For more about the award program, visit www.HelenPutnam.org.

League of California Cities

www.cacities.org

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Display Advertising

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.

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>. 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.western city.com or contact Anita Lopez, administrative assistant; e-mail: <alopez@ cacities.org>; phone: (916) 658-8223.

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

We are passionate about local government and recruiting talented professionals with an affinity for public service! n n n

Don’t Miss the Top Hits on Our Website! 1 Act Now to Create a Healthier Community – April 2012 2 Creating Economic Development at the Local Level – May 2012 3 Understanding Changes to the Gift Rules – April 2012 4 The Amazing, Changing California Population – July 2007 5 Managing More Effectively With a Strategic Communications Plan – September 2009 Read these articles today at www.westerncity.com

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City Attorney, City of Sunnyvale, CA The City of Sunnyvale, population 141,099, is the fifth-largest city in the San Francisco Bay Area and the second-largest in Santa Clara County. The goal of the City Attorney’s Office is to provide professional, timely, and cost-effective legal advice on all matters involving municipal, state, and federal law affecting the City of Sunnyvale. The City is seeking a City Attorney to work under the direction of the City Council. The incoming Attorney will serve as one of two Council-appointed officers and as a department head. To lead this key department, the Council seeks an exceptional attorney with demonstrated expertise in municipal law, including land use, development, environmental law, elections and public records, personnel law, code enforcement, public safety, risk management, litigation, contract development and review, and open meetings law. Previous experience in a public agency setting is desirable, but not required. The Council seeks candidates willing to exercise independent judgment and initiative, always keeping the best interests of the City, its residents, and the organization paramount. The ideal candidate will be open, honest, transparent, collaborative and committed to working as part of a team. Candidates must possess a Juris Doctorate degree from an accredited law school, and seven years of active practice, preferably in the field of municipal law, including two years of supervisory and/or management experience. The salary range for the incoming City Attorney is open and is dependent upon qualifications. The City also offers an excellent benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com or contact Mr. Bob Murray at (916) 784-9080 should you have any questions. For additional information about the City of Sunnyvale, please visit www.sunnyvale.ca.gov. Closing date is June 30, 2012.

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

Western City, June 2012

Parks & Recreation Director Salary $8,720-$10,976 per month

The City of Lomita (Pop. 21,000) is seeking a professional Parks & Recreation Director to plan, organize and direct the activities of Parks, Recreation Services, landscape and building maintenance, and Railroad Museum. Will oversee a full-time staff of 14 and 28 part time staff with an operating budget of $1,617,000. Position requires a Bachelor’s Degree in Public Administration, Recreation Management, or closely related field and five years of increasingly responsible administrative and recreation management experience. A Master’s Degree is preferred. The City also offers an attractive benefits package. Please submit application and resume to City of Lomita, Human Resources Office, P O Box 339, Lomita, CA, 90717. Please contact (310) 325-7110, should you have any questions. Open until July 5, 2012. Position is available September 1, 2012.

League of California Cities

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Town Manager The award winning Town of Windsor (pop. 26,955) is located in beautiful Northern California and is surrounded by oak-covered hills and valleys, fields of vineyards, soaring hot air balloons, and distant plumes of geysers. Located just 63 miles north of San Francisco, this charming town encompasses 6.5 square miles and is an ideal location to vacation, live, work, and raise a family. The Town Manager will oversee 95 FTEs and a budget of $85.5 million for FY2011-13. With broad experience negotiating the politics of local governance, the new Town Manager will be a champion of inclusive, transparent, and customer service oriented government. Possessing a friendly, open-door management style, the Town Manager will lead by example and rapidly establish credibility and respect within and outside the organization. Candidates are encouraged to apply immediately, with the first review of resumes to begin following the closing date of July 30, 2012. Electronic submittals are strongly preferred to Ralph Andersen & Associates via email at apply@ralphandersen.com, and should include a cover letter, comprehensive resume, salary history, and six professional references. Confidential inquiries welcomed to Robert Burg at 916.630.4900. Detailed brochure available at www.ralphandersen.com.

Ralph Andersen & Associates

CITY OF GREENFIELD Greenfield, located in Monterey County, is in the heart of California’s Salinas Valley. The City is dedicated to its agricultural roots, but is committed to diversification and opportunities for its residents. Visitors often comment on its well-maintained business districts, the numerous parks and playgrounds, and friendly neighborhoods. Greenfield’s a great place to visit, and an even better place to live.

CITY MANAGER

The City Manager serves as the Chief Executive Officer of the City and is responsible for all aspects of city operations. Greenfield’s General Fund budget for FY 2011-2012 is over $3.6M and city staff consists of 39 dedicated employees. The City of Greenfield prides itself on its forward thinking approach to community life.

William Avery & Associates Management Consultants 31/2 N. Santa Cruz Ave., Suite A

Los Gatos, CA 95030 The successful candidate will be an excellent administrator and 408.399.4424 inspirational leader with a professional background that includes Fax: 408.399.4423 extensive finance expertise and solid economic/community development skills. A strong commitment to and involvement with the community is email: jobs@averyassoc.net www.averyassoc.net expected and a successful experience base within a multi-cultural and ethnically diverse environment is highly desirable. A Bachelor’s degree and significant management or administrative experience in a complex municipal or other public agency setting is expected. To apply, submit your letter of interest, resume, current salary and five work related references (email preferred) to Paul Kimura by June 29, 2012. The salary range for this position is $110,000 - $140,000 annually, DOQ. A formal job announcement is available on our website at http://www.averyassoc.net/jobs.

Photo/art credits Page 3, Carlos Castilla/Shutterstock Page 4, Bloomua/Shutterstock Page 5, Vector/Shutterstock Page 6, Vector/Shutterstock Page 7, Fitim Bushati/Shutterstock Page 8, FuzzBones/Shutterstock

Page 9, Amasterphotographer/Shutterstock Page 11, Martan/Shutterstock Page 13, Vladgrin/Shutterstock Page 16, Courtesy City of Hollister and League of California Cities Page 19, Fenton One/Shutterstock Page 21, Digital Genetics/Shutterstock

www.cacities.org

Local Agency Electronic Media Use and California Public Records Law, continued from page 15

records prepared, owned, used or retained by a local agency under the Public Records Act. The Tracy Press appealed the trial court’s ruling, and the court of appeal dismissed the case because the Tracy Press failed to name the council member as a defendant/respondent on appeal.

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

E-mail Retention The Public Records Act is not a records retention statute; it is a records disclosure statute. Other laws govern retention of public records. No statute defines what a “record” is for purposes of local agency records retention. The California attorney general has opined that local agency records for the purposes of records retention laws are those kept as required by law, or as necessary or convenient for the discharge of agency duties. Therefore, local agencies appear to retain some discretion concerning which agency records, including electronic records such as e-mails, must or should be retained in the ordinary course of agency business. Nonetheless, some open government advocates have challenged local agency e-mail destruction policies and assert that all local agency records, including e-mails, must be kept a minimum of two years. Local agencies may wish to develop policies concerning disposition and storage of electronic records such as e-mails.

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Opportunities available this summer . . .

City Managers City of Los Banos City of Pismo Beach Visit the TB&Co. website for detailed information – www.tbcrecruiting.com Teri Black-Brann • 310.377.2612 Carolyn Seeley • 949.487.7606 www.tbcrecruiting.com

Conclusion

Local agencies increasingly rely on electronic communications and information systems. Agencies employing new electronic records and communication technologies should prepare to comply with records law requirements that apply to local agency electronic information. Local agencies should also be aware that their use of electronic records and information systems may raise legal issues under other laws such as open meetings laws, labor and employment laws, personal privacy laws, records retention laws and free speech laws, among others. Agency electronic communications and records policies should consider the full range of laws that may apply to agency electronic information. n

www.westerncity.com

Director of Environmental Services City of San José, CA Known as the “Capital of Silicon Valley,” San José is the world’s leading center of innovation. San José is now seeking a Director of Environmental Services to oversee an annual budget of $207 million and over 500 full-time employees. The selected candidate will demonstrate a collaborative and inclusive management style that values the opinions of a highly skilled workforce while being sensitive to the priorities of a diverse community. The ideal candidate will engage the organization in developing a contemporary vision for the Department in the context of new economic realities. At least ten (10) years of progressively responsible professional experience in environmental management, wastewater treatment or engineering, including five (5) years at a policy making management level, are required. A bachelor’s degree in a relevant field is expected; a master’s degree is preferred. The salary range for the Director of Environmental Services position is $127,417 - $199,154; placement within the range is dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Bob Murray or Judy LaPorte at (916) 784-9080 should you have any questions. Brochure available. Closing date June 8, 2012. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Western City, June 2012

Local Agency Opportunities for Website Transparency, continued from page 9

Making Content Choices As with other issues affecting California’s local agencies, one size does not fit all when it comes to what and how information is presented on an agency’s website. To ensure that the agency is making maximum use of its website as an infor-

mation-sharing tool given the particular needs and interests of its residents, ask:  What questions are residents asking in e-mails or calls?  What kind of information is being sought in requests for public records?

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Tightening Your Belt?

 What do web analytics reveal about the community’s interests in visiting the agency’s site? Which pages are visited most, where are site visitors spending the most time, and what terms or phrases are most frequently searched? Making the information available on the site is one step; making sure it is easily located and regularly updated on the site is another. This requires getting into the mindset of the average resident who may not know anything at all about who does

Acknowledging Contributors,

League of California Cities offers FREE Interim Candidate Searches. View Resumes Online Now!

The Institute for Local Government (ILG) thanks the City Managers Department’s Government Transparency and Civic Engagement Subcommittee members for their advice on this topic. These individuals also contributed to this article:

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• Chris Andis, public information officer, Sacramento County;

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• Troy L. Butzlaff, city administrator, Placentia;

www.cacities.org/munilink MuniLink is a joint project of the League, the Institute for Local Government and Western City magazine.

• Sonia Carvalho, partner, Best Best & Krieger; • Fran David, city manager, Hayward;

AVERY ASSOCIATES Current Recruitments: City of Greenﬁeld – City Manager City of Los Altos Hills – Administrative Services Director County of Marin – Director of Information Services & Technology County of Monterey – Public Works Director City of Morro Bay – Police Chief City of Seal Beach – Finance Director William Avery & Associates City of Stockton – Chief Financial Ofﬁcer Management Consultants City of Stockton – Deputy City Manager Upcoming Recruitments: County of Marin – County Counsel County of Marin – Fire Chief City of Paso Robles – Police Chief City of Santa Clarita – Community Development Director City of Stockton - Deputy Director of Wastewater City of Stockton - Fire Chief

31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 408.399.4424 Fax: 408.399.4423 email: jobs@averyassoc.net www.averyassoc.net

• Donald M. Davis, partner, Burke, Williams & Sorensen, LLP; • Elizabeth Emmett, public information officer, Napa County; • Steven Falk, city manager, Lafayette; • Jeff Gardner, city manager/finance director, Plymouth; • Stephen J. Kimbrough, retired city manager, Corning; • Wendy Klock-Johnson, assistant city clerk, Sacramento; • Jonathan P. Lowell, city attorney, Pleasanton; • Brian M. Libow, city attorney, San Pablo; • Steve Mattas, partner, Meyers Nave;

Please check our website at http://www.averyassoc.net/jobs for formal position announcements.

League of California Cities

www.cacities.org

Using plain language maximizes the likelihood that website visitors will understand the information being shared. J

what in an agency — which may mean that organizing information by agency department may not help residents locate the information they need. Focusing on the website users’ information needs and how they are likely to be thinking about continued

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City of American Canyon Welcoming Your Feedback • Gary Nordquist, assistant city manager, Wildomar; • Gregory P. Priamos, city attorney, Riverside; • Anthony Santos, senior management analyst, Diamond Bar; • Grover Trask, counsel, Best Best & Krieger; and • Jayne Williams, partner, Meyers Nave. ILG also thanks Shannon Bowley, ILG fellow and master’s of public policy candidate at California State University, Sacramento, for her assistance with this article. ILG is the nonprofit 501(c)(3) research and education affiliate of the League and the California State Association of Counties. Your feedback on this article is welcome. Share your thoughts via: • E-mail — <info@ca-ilg.org> or <jspeers@ca-ilg.org>. Please include “Local Agency Website Transparency Opportunities” in the subject line; • Fax — (916) 444-7535, Attn: JoAnne Speers; or • Mail — Institute for Local Government, Attn: JoAnne Speers, 1400 K Street, Suite 205, Sacramento, CA 95814.

Located in the southern portion of the world-famous, wine-growing Napa County, approximately 35 miles northeast of San Francisco, American Canyon is a family friendly community of approximately 19,000 residents. The City is mostly surrounded by a permanent greenbelt and is located on the “Napa Valley Wine Trail” (Highway 29).

Parks and Recreation Director Salary: $96,468 - $144,701 with a control point of $120,584 plus generous benefits

For more information, you may obtain a position statement at www.cityofamerican canyon.org; or, call Bronda Silva at 707-647-4577. The filing deadline is June 15, 2012. Submit your resume, a cover letter, and 5 work-related references to: bsilva@cityof americancanyon.org

The ideal candidate will have a minimum of six years of responsible planning, maintenance, and mgt experience in aquatics, recreation, parks, or open space including three years of supervisory experience; and a BA in public or business administration or closely related field (additional qualifying experience may substitute for the degree).

Finance Director City of La Quinta, CA

Blessed with the natural beauty of the Santa Rosa Mountains, La Quinta (pop. 38,000 + 15,000 seasonal) is the “Gem of the Desert.” Long hailed as an exclusive resort getaway with some of the best golf in the country, La Quinta has grown into a retail, restaurant, art, and entertainment hub tucked in a quaint, residential mountain cove. Appointed by the new City Manager, the Finance Director will oversee a staff of 7 and $126 million total City budget. Bachelor’s degree in accounting, finance, business or public administration, or similar is required as well as municipal finance experience. Salary is DOQ.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Bobbi Peckham at (866) 912-1919 for more information. A detailed brochure is available at www.peckhamandmckenney.com. Filing deadline is June 27, 2012.

Please send your cover letter and resume

www.westerncity.com

Western City, June 2012

Local Agency Opportunities for Website Transparency, continued

a question is helpful; so is adding content in a way that makes it most likely the site’s search engine can help visitors find what they are seeking. As with all public agency communications, using plain language maximizes the likelihood that website visitors will

understand the information being shared. In some communities, providing website content in multiple languages may be helpful if resources permit. Avoiding jargon and acronyms is also a good practice (for more information, see “The Ethics of Public Language,” October 2011, Western City, online at www.westerncity.com). R T

Fire Chief

City of Palo Alto Widely recognized for being innovative and well managed, the City of Palo Alto (pop. 65,000) is seeking a new Fire Chief. Known as the “Birthplace of Silicon Valley”, Palo Alto is a global center of technology where ideas change the world. The City is desirous of attracting a transformational leader who can guide the Fire Department in designing an updated and sustainable vision consistent with current and projected service demands. Palo Alto’s Fire Chief must have demonstrated success in effectively leading change. The ideal candidate will be a talented mentor and coach who is capable of developing the skills and knowledge of a relatively “young” workforce that is eager to contribute. He/she will have eight years of relevant local level experience including at least five years of management and supervisory experience in a comparable setting. A Bachelor’s degree is required. A Master’s degree and/or Executive Fire Officer certification is preferred. Salary range goes up to $197,940 and is supplemented by an attractive benefits package. A detailed recruitment brochure and application instructions are available at www.tbcrecruiting.com. This recruitment will close at midnight on Sunday, July 1, 2012.

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

Finance Director City of Encinitas, CA

Located along six miles of Pacific coastline in northern San Diego County, Encinitas has an approximate population of 60,000 and is characterized by coastal beaches, cliffs, flat-topped coastal areas, steep mesa bluffs, and rolling hills. Incorporated in 1986, the City has an AA+ bond rating and is well positioned to weather economic downturn through strategic fiscal planning and management. The Finance Director will oversee a staff of 11, $1.5M department budget, and City budget of $88.5M. Proven management experience in California municipal finance as well as Bachelor’s degree in accounting, finance, business or public administration, or similar is required; Master’s preferred. Salary is DOQ.

League of California Cities

Please send your cover letter and resume electronically to:

Including opportunities for two-way communication is ideal, if the agency has the staff resources to receive and respond to such communication. A simple approach is to include a request to “Please e-mail us with questions or suggestions.” For website areas that invite interaction, such as complaint forms or social media sites, promptly acknowledge input to assure the public that their communication has in fact been delivered and is being considered. A well-crafted auto-reply can serve this function, but a more tailored, personal response should follow within a fairly short time frame. Consider ways to notify residents when new information is posted. This could be through social media posts (for example, updates on the agency’s Facebook page or Twitter feed) or even an e-mail. This encourages residents to go to the website to take advantage of newly added information.

Conclusion In difficult economic times, making the kinds of information described here available through the agency’s website can require resources that the agency does not have. Moreover, for larger agencies additional types of information will also be of interest to members of the public and media in accessing the agency’s website. Finally, websites are just one tool available to make such information accessible to the public. Other tools include such

Open Government Policy While most public agency records are subject to disclosure, the standard practice is to make those records available only upon a public records request. An agency may consider proactively disclosing this information on its website or do as the City of Lafayette did and adopt an Open Government Statement (at http:// bit.ly/LafOpenGov).

www.cacities.org

items as e-newsletters or paper newsletters mailed as an insert with utility bills.

Development Services Director

The key is for each agency to consider how — within the resources available — to provide the information likely to enable the public to make well-informed decisions consistent with democratic principles and processes. As Franklin D. Roosevelt observed, “Democracy cannot succeed unless those who express their choice are prepared to choose wisely. The real safeguard of democracy, therefore, is education.” n

City of Palo Alto, CA

As part of leading Palo Alto to the forefront of American cities using organizational best practices, City Manager James Keene instituted a process of redesigning the customer experience at the city’s Development Center. This has resulted in a new position of Development Services Director and is authorized to act across city departments with the authority of the City Manager to provide for an effective and efficient development services process. The new Director will provide broad oversight and policy direction for the overall performance of the Development Center. Salary will be commensurate with the experience and qualifications of the selected candidate along with excellent benefits.

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

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William Avery & Associates, Inc. Labor Relations / Executive Search / Management Consulting 3 /2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 1

408.399.4424 Fax: 408.399.4423 email: jobs@averyassoc.net www.averyassoc.net

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Phil McKenney at (866) 912-1919 for more information. A detailed brochure is available at www.peckhamandmckenney.com. Filing deadline: June 30, 2012.

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“All About Fit” Bobbi C. Peckham

Phil McKenney

Sacramento www.peckhamandmckenney.com

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Western City, June 2012

California’s first “Emerald City” recently achieved Silver status in the California Green Communities challenge. Recognized as one of the greenest cities in the state, Riverside continues to prove that caring for the environment, improving quality of life and boosting the economy go hand in hand. Congratulations Riverside for your award-winning innovation! From a vehicle fleet that’s nearly 90% alternative fuels, to saving energy and water, Riverside is setting a new standard for conservation, efficiency and communication. City residents have saved more than 23 million kilowatt hours of electricity through programs like the Whole House rebate program, recognized by the U.S. Department of Energy as a national best practice. And it’s easy for everyone to stay connected by checking in at the City’s award-winning GreenRiverside.com website.

To learn more, log on to www.cagreencom.org California Green Communities is a registered trademark of USA Green Communities, Inc., a non-profit corporation Pictured: City entrance on Mission Inn Avenue, Riverside, California Supported by Riverside Public Utilities