Western City October 2013

OC TOBER 2013 |

The Monthly Magazine of the League of California Cities速

Understanding the Basics of

Public Safety Realignment p.11 Safeguarding Fair Hearings p.17 Disaster Preparedness Program Builds Trust p.20

www.westerncity.com

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CONTENTS 2

Calendar of League Events

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President’s Message

11

Getting a Handle on Financial Issues

By Yvonne Hunter Under realignment, state prisons will house the most serious offenders while county jails will house lowerlevel felons. This article examines which offenders are covered, sentencing, post-release supervision and related issues of continuing interest to cities.

By José Cisneros Many cities are experiencing very painful financial difficulties. Elected city officials grapple with budget challenges nearly every day. But cities are using a number of innovative approaches to address their fiscal problems.

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City Forum

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Interactive End-of-Session Legislative Briefings Set For November

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Everyday Ethics for Local Officials

Legal Notes

Due Process Walls in the City Attorney’s Office: Safeguarding Fair Hearings

By Amy Greyson In light of a recent court decision, cities should make sure their practices are consistent with the due process rights of parties involved in quasi-judicial proceedings.

By Lauren Kimzey With numerous mandates coming from the state Capitol, ensuring that your city is compliant can be a daunting task for even the most seasoned city official.

Understanding the Basics of Public Safety Realignment

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California Cities Helen Putnam Award for Excellence

Santa Maria’s Listos: Disaster Preparedness Program Builds Trust

Using Public Resources: Special Issues Around Expenses and Expense Reimbursement

Listos emphasizes sharing preparedness skills, using a culturally appropriate curriculum that overcomes language and trust barriers.

Tips for public agency employees on travel, expense reimbursement and credit card usage.

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Job Opportunities

27

Professional Services Directory Cover Image: Lava 4 images/ Shutterstock.com

President José Cisneros Treasurer San Francisco

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

First Vice President Tony Ferrara Mayor Arroyo Grande

Second Vice President Katherine Miller Council Member Stockton

Immediate Past President Bill Bogaard Mayor Pasadena

Executive Director Chris McKenzie

leaguevents

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

November 4&6

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

Legislative Briefings, Redding and Webinar Learn about the latest legislative developments affecting cities in this interactive program. This information will be provided on-site in Redding on Nov. 4 and online on Nov. 6.

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

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Board of Directors’ Meeting, Newport 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.

Administrative Assistant Anita Lopez (916) 658-8223 email: alopez@cacities.org Contributors Koreen Kelleher JoAnne Speers Randi Kay Stephens Patrick Whitnell

December 4–5

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

Associate Editors Jim Carnes Carol Malinowski Carolyn Walker

4–6

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

Design Taber Creative Group Advertising Design ImagePoint Design For photo credits, see page 22.

January 2014

Western City (ISSN 0279-5337) is published monthly by the League of California Cities, 1400 K St., Sacramento, CA 95814. Subscriptions: $39.00/1 year; $63.00/2 years; student: $26.50; foreign: $52.00; single copies: $4.00, including sales tax. Entered as periodical mail January 30, 1930, at the Post Office, Los Angeles, CA 90013, under the Act of April 13, 1879. Periodical postage paid at Sacramento, Calif.

NT RI

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.

23 – 24

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

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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. ©2013 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume LXXXIX, No. 10.

22 – 24

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

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Supplied by Community Energy

FSC ® is an independent, not-for-profit organization that promotes environmentally appropriate, socially beneficial and economically viable forest management worldwide. Products with the FSC label are independently certified to ensure that they come from forests managed to meet the needs of present and future generations.

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For the latest information on League conferences and events, follow us on Twitter @CaCitiesLearn.

For legislative and policy updates and more, follow @CaCities.

Follow Western City @WesternCityMag. Join us on Facebook. www.facebook.com/westerncity www.facebook.com/LeagueofCaCities www.cacities.org

President’s Message by José Cisneros

Getting a Handle on

Financial Issues

As I begin my term as the League president, please allow me to introduce myself. I am the elected treasurer of the City and County of San Francisco. As treasurer, I serve as the city’s banker and chief investment officer, and I manage tax and revenue collection for San Francisco.

Thus I bring a somewhat different perspective to the position of League president than my predecessors. Although I hold elected office, I am not a policymaker. My primary focus is finding ways to help my city build a strong fiscal environment.

Most California cities are suffering from the combined impacts of the Great Recession and funding cuts at the state and federal levels. Many cities are experiencing very painful financial difficulties.

Some have cut programs and services to www.westerncity.com

the bare minimum in an effort to simply stay afloat financially. As elected city officials, grappling with budget challenges is an ongoing task for many of us.

Cities are using a number of innovative approaches to address their fiscal problems. In my city, we have launched several programs in recent years to help our low- and middle-income residents become financially empowered. I strongly believe such empowerment is a key element of strengthening our city’s overall financial health.

Reaching Out We created the San Francisco Office of Financial Empowerment in 2009 to oversee a range of programs. Our work consists of giving people opportunities to learn more about money, open a checking account, take advantage of tax credits, save for a child’s college education, avoid bankruptcy, overcome setbacks and gain independence. Ultimately, these efforts create a stronger local economy.

Here is a brief overview of two of these programs.

Bank on San Francisco A checking or savings account is a critical part of financial empowerment. With an account, people keep more of their money. They build a relationship with a continued Western City, October 2013

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Getting a Handle on Financial Issues, continued

financial institution — essential for saving, borrowing and long-term financial planning. When people are “banked,” they’re in a position to contribute to the overall health of the city.

Officials of the City and County of San Francisco looked into the number of households in the city living without a checking or savings account in 2005. The results showed about 50,000 “unbanked” households. That figure included approximately half of San Francisco’s adult African-Americans and Latinos.

City officials determined that San Francisco had a compelling interest in helping unbanked people open accounts as a first step toward financial empowerment and a stronger community. A coalition of financial institutions worked together

to develop the Bank on San Francisco program. Its key goals were to: • Change policies. Create more opportunities for lower-income clients to enter the financial mainstream; • Modify accounts. Create products without high fees or minimum balances; • Raise awareness. Help unbanked people learn about the benefits of keeping their money in checking and savings accounts; and • Provide financial education. Help San Franciscans learn more about how to use, manage and save money.

Bank on San Francisco ultimately partnered with 14 banks and credit unions.

The group set an initial goal of banking 10,000 unbanked San Franciscans in two years. Results have been strong: Unbanked San Franciscans have opened more than 10,000 checking accounts per year since 2006.

Bank on San Francisco’s success attracted national attention. To help other cities start their own programs, the National League of Cities (NLC) created “Bank on Cities” and the U.S. Department of the Treasury has begun work on a national “Bank on USA” program. More than 100 cities have launched or started planning a “Bank on” program.

To provide technical assistance to support these efforts, the San Francisco Office of Financial Empowerment partnered with the NLC and the James Irvine Foundation to create joinbankon.org, a web portal offering tools and resources for other cities planning “Bank on” programs.

San Francisco Smart Money Network

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League of California Cities

The San Francisco Smart Money Network is a group of nonprofit service providers, philanthropic funders and local public sector representatives dedicated to providing high-quality, easy-to-access financial education services to lowerand middle-income San Franciscans.

Financial education is a critical part of financial empowerment. When people understand money, they have the tools they need to save, avoid debt and invest for future goals. Instead of drawing on the city’s resources, they can contribute to the city’s strength.

While there are many financial education services in San Francisco with a variety of organizations helping diverse populations, there was little coordination, standardization or evaluation among providers before the San Francisco Smart Money Network was created. The network coordinates all these resources. It also centralizes access to services, fosters learning communities among stakeholders and raises public awareness.

www.cacities.org

Financial education is a critical part of financial empowerment.

• Brief Glossary of Financial Management Terms (also available in Spanish); and • Financial Management for Elected Officials: Questions to Ask. A number of basic issues are covered in Financial Management for Elected Officials: Questions to Ask, including: • Budget creation and monitoring; • Financial reporting and accounting; • Capital financing and debt management; • Cash management and investments; • Local agency financial policies and practices; • Purchasing and contracting practices; and • Looking ahead: long-term financial planning.

Help With Your City’s Fiscal Challenges The San Francisco Office of Financial Empowerment and the Charles Schwab Foundation developed the program in partnership with a group of local stakeholders and financial education experts.

Since then: • We’ve helped more than 60 partner organizations conduct 135 financial education workshops, reaching more than 2,100 San Franciscans each year; • The San Francisco Smart Money Network’s quarterly professional development series has trained more than 240 financial education practitioners and stakeholders; and • More than 470 San Franciscans have received individual counseling with a certified financial planner through the San Francisco Smart Money Network’s Financial Planning Day, now an annual event.

www.westerncity.com

While these examples from my city are presented here as food for thought, many of you are looking for resources to help with your current challenges. Perhaps you are looking for better ways to involve your community in setting budget priorities for your city. Maybe you need materials that can help newly elected officials grasp the basics of municipal finance. Or perhaps you are seeking resources that can be used to help educate your residents about the budget process.

The Institute for Local Government (ILG), the nonprofit research affiliate of the League and the California State Association of Counties, offers a wealth of free resources for local officials on these topics and more.

These examples illustrate some of the helpful items related to local agency finance that are available on the ILG website (www.ca-ilg.org): • Understanding the Basics of County and City Revenues (also available in Spanish);

An entire section of the ILG website is dedicated to engaging the public in budgeting. This section supplements ILG’s core public engagement resources for local officials who want to expand the perspectives that inform their agencies’ decision-making on budget issues.

Finally, for those interested in helping the media and the public understand more about local finance, ILG welcomes local agencies to link to these materials.

Looking Ahead I encourage you to take advantage of these numerous free resources, and I look forward to meeting many of you in the coming year as we work together to advance the financial health of our cities. ■

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

Western City, October 2013

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Interactive End-of-Session Legislative Briefings Set For November by Lauren Kimzey

Hear From League Capitol Insiders

The Legislature and Gov. Jerry Brown worked on a wide variety of issues this year that will significantly impact California local governments. New policies affecting everything from broken parking meter ticketing practices to prevailing wage requirements reached the governor’s desk in this session. With so many mandates coming down the pipeline, ensuring that your city is compliant can be a daunting task for even the most seasoned city official. To take the pressure and guesswork out of understanding new complicated state policies, the League will offer Legislative Briefings.

Topics to be covered may include:

Two Sessions Provide Choice and Convenience For added convenience, the League will host two Legislative Briefing presentations this year, one in-person and one via webinar. Both sessions are designed to provide participants with the most up-to-date policy information in an interactive forum. The League introduced the webinar format in 2009 to help city officials cope with the issues of limited funds for travel and increased workloads. The webinar makes it possible for city officials and staff to participate and access valuable information while saving travel costs and time.

The League’s Legislative Briefing Report As in previous years, registered attendees of the in-person briefing will receive a hard copy of the League’s 2013 Legislative Briefing Report; webinar participants will receive an electronic copy on the day of the briefing.

Organized for easy reader navigation, the report provides informative descriptions of legislation relevant to local government operations and responsibilities. Brief descriptions will be provided for most chaptered measures to afford more in-depth coverage of crucial legislation prioritized by the League.

All measures listed in the briefing booklet have been signed by Gov. Brown and, unless otherwise specified, will take effect Jan. 1, 2014.

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League of California Cities

During the briefing presentations, League lobbyists will cover and provide expert insight on key developments of the 2013–14 session to date. Legislative Director Dan Carrigg will be on hand to share his years of Capitol experience and moderate both sessions. Presentation participants are invited to ask questions and engage the League’s lobbying team in policy discussions during the briefing forum.

• Public agency contracting requirements; • Post-redevelopment dissolution proposals; • Local economic development activities; • Pension reform and workers’ compensation death benefits; • Charter city prevailing wage requirements; • Inclusionary housing; • State water bond update; • California Environmental Quality Act (CEQA) reform; • Medical marijuana regulations; • Local fee collections; and • Constitutional amendments regarding local special tax vote thresholds.

More Details The in-person Legislative Briefing will be held Monday, Nov. 4, from 1:00 to 4:00 p.m. at Redding City Hall. The webinar will be offered Wednesday, Nov. 6, from 9:30 to 11:00 a.m. For additional information and updates, visit www.cacities.org/ Education-Events/Calendar. ■ Lauren Kimzey is a policy analyst for the League and can be reached at lkimzey@cacities.org.

www.cacities.org

Everyday Ethics for Local Officials

Using

Public Resources:

Special Issues Around Expenses And Expense Reimbursement Question Our agency recently adopted a very austere budget, which resulted in eliminating popular services and programs. Our agency’s chief executive has been quoted as saying that in the current economic environment the agency can fund only its essential functions.

A local blogger has argued that the agency “wastes” resources on nonessential and possibly unlawful activities and this “waste” should be addressed before programs are eliminated.

To document this assertion, she has requested records related to:

Answer When seeking to avoid heartburn caused by these kinds of issues, it may be helpful to step back and look at the bigger picture. What is at stake for a public agency related to travel, expense reimbursement and credit card use? Consider these key points: • The general principle is that all of these involve the use of public resources, and public resources

• Gifts to individuals; • Gifts and/or contributions to nonprofit organizations; • Travel expenses; and • Credit card usage.

She apparently also has her eye on other forms of charitable fundraising. Her theory is that if the staff has time for such activity, they must not have enough “real work” to do. (She already has run a post criticizing firefighters for participating in a “Fill the Boot” campaign for a local charity.) She has asked for copies of all emails that refer to charitable fundraising on agency time and/or using agency facilities.

As part of her crusade to restore the cut programs, she has promised to involve our district attorney, who recently

must be used only in ways that benefit the public; and • What the law requires — and what

the district attorney’s office will focus on — is whether public resources were unlawfully used for personal or political purposes.

The most reliable way to avoid heartburn is to foster an organizational culture that is sensitive to both realities and public perceptions related to how public

announced a greater focus on public integrity issues (including the misuse of public resources). Our agency is generally quite careful, but there are a few items in the records that could be embarrassing.

What’s done is done, of course. But what spending guidelines might local agencies consider to reduce the likelihood of heartburn when these types of records requests arrive?

The “Everyday Ethics” column in the August issue of Western City (www.western city.com) addressed gifts and charitable contribution/fundraising expense issues in response to this question. This column addresses travel, expense reimbursement and credit card use.

resources are used. The front-page test can be a helpful guide (online at www.westerncity.com). As part of that organizational culture, support for strong oversight and internal controls helps prevent missteps.

Finally, as this question demonstrates, documents related to the use of public resources (for example, reimbursement expenses and credit card bills) are public records. continued

This column is a service of the Institute for Local Government (ILG), whose mission is to promote good government at the local level.

For more information and to access ILG’s resources on public service ethics, visit www.ca-ilg.org/trust. www.westerncity.com

Western City, October 2013

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Using Public Resources: Special Issues Around Expenses and Expense Reimbursement, continued

Agency Credit Cards The risk of agency credit card misuse, whether intentional or inadvertent, is high.

A number of agencies have stopped issuing credit cards to officials or employees for this reason.

If an agency issues credit cards to individuals, the safest practice is never to allow the card to be used for personal purchases.

One court has rejected reimbursement as a defense to improper use of public resources. (Of course, it is even more risky to incur such personal expenses and then

not take steps to reimburse the agency until some kind of public inquiry arises about the propriety of such expenses.)

To facilitate travel arrangements, some agencies have one agency credit card that can be used to make airline and hotel reservations. This credit card is kept in a secure place, and the authority to use it is limited to a few people with careful oversight and internal controls to prevent misuse. All other expenses are either on a reimbursement or cash advance basis.

Some agencies have pool vehicles that they allow employees and others to use.

The safest approach is to allow such vehicles to be used only for official business.

Health Care Reform Solutions Keenan’s Health Care Reform Consulting Services help you understand the Affordable Care Act’s (ACA) potential impact on your health care benefit plan.

• Analysis of your plan and employee workforce • Prioritizing next steps in alignment with your objectives • Creating a recommended action plan • Evaluating and modeling plan design and contribution strategies • Developing employee wellness and condition management approaches • Identifying cost-savings alternatives to Covered California, including PACE, a unique Joint Powers Authority medical benefits program for public agencies For more information about our Health Care Reform Consulting Services, please contact Steve Gedestad, sgedestad@keenan.com.

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League of California Cities

Innovative Solutions. Enduring Principles.

Expense Reimbursement Expense reimbursement is another area where having a policy in place to guide an agency’s approach to reimbursing expenses is good practice. In fact, for local agency officials and members of appointed bodies, California law requires that local agencies (cities, counties and special districts) have an expense reimbursement policy. Special districts must disclose — at least annually — all reimbursements of $100 or more.

For more information about state law expense-reimbursement requirements for local elected and appointed officials (including frequently asked questions) and sample reimbursement policies, read the online version of this article at www.westerncity.com.

Cell Phone and Internet Expenses A local agency may reimburse cell phone and Internet expenses according to local agency policy with documentation of why the expenses are a proper public expense.

A safe approach is to issue cell phones or other mobile devices with the admonition that the devices may be used only for public agency business.

Seek Professional Advice Although the Institute for Local Government endeavors to help local officials understand laws that apply to public service, its informational materials are not legal advice. In addition, attorneys can and do disagree on the best interpretation of the complex rules related to public service ethics.

Officials are encouraged to consult an attorney or the Fair Political Practices Commission for advice on specific situations.

www.keenan.com

www.cacities.org

The courts have concluded that conference expenses are reimbursable as a “proper municipal purpose.”

Vehicle and Expense Allowances Some agencies reimburse auto expenses through an allowance, based on statute and case law that permits allowances when empirically demonstrable information shows that the allowance matches actual and necessary expenses incurred.

The attorney general has opined that 2006 laws relating to expense reimbursement were not intended to supersede the earlier-enacted allowance statute.

Attorney-general opinions are not binding on courts; however, they are given weight.

A factor to keep in mind with expense allowances is that they may be taxable (and subject to withholding) if the official cannot document that his or her actual expenses met or exceeded the allowance.

Some agencies have pool vehicles that they allow employees and others to use.

The safest approach is to allow such vehicles to be used only for official business. Agencies can credibly find public purposes in allowing some personal use.

However, it can be helpful to consider

www.westerncity.com

public perception associated with employees and others using such vehicles for commuting and personal errands.

Conference Attendance and Expenses The courts have concluded that conference expenses are reimbursable as a “proper municipal purpose.” California law specifies certain thresholds for what constitutes reasonable levels of expenses for elected and appointed officials.

For example, the rate for lodging in connection with conferences may not exceed the maximum group rates published for the conference. If those rates are not available at the time the lodging is booked, the lodging rates must be comparable to those allowed by the Internal Revenue Service or government rates. Local agency officials must use group or government rates for non-conference-related lodging and transportation services.

For more information, read the online version of this article at www.westerncity.com.

Reporting Requirement for Attending a Meeting When a member of a legislative body attends a meeting (as defined by law) at public expense, California law requires them to make a brief report. For example, when a city council member or supervisor represents his or her agency on a joint powers agency board and the official’s agency pays for his or her expenses in serving in that representative capacity, he or she must report back. The report must be made at the next meeting of the legislative body that paid for its member to attend the meeting. continued on page 27

Looking for Footnotes?

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

Western City, October 2013

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Understanding the Basics of

Public

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League of California Cities

www.cacities.org

Safety Realignment

by Yvonne Hunter

Two years ago California embarked on a course that some call the most sweeping change in the state’s public safety system in decades. In the face of state prison overcrowding, court-ordered reductions of the prison population and state budget constraints, California took action to shift responsibility for lower-level offenders from the state to counties. About 30,000 offenders are now being supervised in the community by county probation

departments rather than California Department of Corrections and Rehabilitation parole officers. In addition, new non-violent offenders are being sentenced to county jail, not state prison.

This “realignment,” as it is called, is the result of Governor Jerry Brown signing AB 109 (Chapter 15, Statutes of 2011) into law. Under realignment, state prisons will house the most serious offenders while county jails will house lower-level felons. continued

Yvonne Hunter is a program director for the nonprofit Institute for Local Government (www.ca-ilg.org), which provides staff services for the Cities Counties Schools (CCS) Partnership. She can be reached at yhunter@ca-ilg.org. The CCS Partnership (www.ccspartnership.org) is a collaboration of the League, the California State Association of Counties and the California School Boards Association. Tim Cromartie, legislative representative for the League, and Elizabeth Howard Espinosa, senior legislative representative for the California State Association of Counties, also contributed to this article. www.westerncity.com

Western City, October 2013

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Understanding the Basics of Public Safety Realignment, continued

Proponents of realignment believe that counties can do a better job of managing lower-level felons more cost effectively than the state, thus resulting in increased rehabilitation and lower recidivism rates.

Under the agreement reached in negotiations between Gov. Brown and the California State Association of Counties (CSAC) as well as other local public safety groups, counties are guaranteed funding — about $1 billion annually — to support the shift of responsibility. A portion of state sales tax dedicated to realignment now enjoys constitutional protections since voters approved Proposition 30 in 2012. Counties have broad discretion over how to spend realignment money. They can use it to increase jail capacity, implement drug and alcohol rehabilitation programs, expand probation services, mental health services and/or employment assistance or a combination of these — whatever they determine best fits the county’s plans and needs.

State budget augmentations also provided about $24.5 million in fiscal year (FY) 2012–13 and about $27 million in FY 2013–14 to cities to support increased police services that may help mitigate the impact of the increased numbers of offenders in the community.

The California Police Chiefs Association and the Brown Administration negotiated and agreed on the allocation formula.

Disbursements go to one designated municipal fiduciary in each county (such as a city police department). The allocation of these funds is collectively agreed on by the police departments in each county.

The fiduciary distributes the money to individual police departments, a task force geared to monitoring offenders, or another agreed-upon agency.

2. With certain exceptions, offenders serving state prison terms for nonviolent, non-sexual and non-serious crimes are released to county probation supervision rather than state parole, regardless of prior criminal history.

Exceptions include “third strikers” and those classified either as a high-risk sex offender or a mentally disordered offender; state parole agents continue to supervise these offenders in the community.

Who is covered? Realignment covers three classes of offenders.

3. Technical parole violators who before realignment would have returned to state prison now instead — with very limited exceptions — serve periods of detention following revocation of parole in county jail rather than in state prison.

1. Specified non-violent, non-sexual and non-serious offenders — with no prior convictions of these types of offenses —

Sentencing. The courts have flexibility in how sentences are structured. For example, some offenders may be sentenced

Realignment Basics

12

who are convicted of a felony now serve their sentences in county jails rather than in state prison.

League of California Cities

to five years in the county jail or may be sentenced to three years in jail and two years on mandatory supervision in the community. This new feature is called a “split” sentence.

Community Corrections Partnership Plans. Each county must develop a Community Corrections Partnership Plan that lays out how the county will provide services and how the funding will be allocated among county departments.

The Community Corrections Partnership develops the plan, and its executive committee votes on the plan. The executive committee comprises the county chief probation officer, sheriff, district attorney, public defender, presiding judge (or designee), a city police chief and one member appointed by the board of supervisors who is the department head of either county social services, or mental health or alcohol and drug programs. Community Corrections Partnership meetings are subject to the Brown Act and therefore are open to the public. The county board of supervisors receives the Community

www.cacities.org

Realignment is

The Role of Cities In Realignment

also providing

The realignment legislation primarily addressed county responsibilities, with one specific role for cities. The law requires that each county Community Corrections Partnership include one police chief. However, the involvement of cities in realignment varies from county to county. For example, many counties also collaborate with other police chiefs (beyond the one chief who serves on the Community Corrections Partnership), building on existing relationships and networks. Some counties provide additional funds to support local police efforts. They also may include police chiefs as part of the post-release supervision efforts, monitoring released offenders, sharing data, participating in compliance teams and in probation and post-release re-entry planning. The process of implementing realignment has also revealed the need for closer communication and collaboration between county probation and city police departments.

an impetus for local law enforcement to increase regional coordination.

Corrections Partnership Plan and, unless rejected by a supermajority, subsequently makes the necessary funding allocations.

Post-release supervision and assistance.

Lower-level felons released to county supervision from state prison have a new status called “post-release community supervision.” Under another feature of realignment, county probation departments also supervise the mandatory supervision population — felons ineligible for prison under realignment who are given a split sentence composed of a term in jail followed by a period of mandatory supervision in the community. Services provided for these offenders (sometimes as part of a re-entry plan) vary among counties and may include drug and alcohol treatment, housing assistance, educational programs, employment assistance and other services to help them re-enter society. Nearly all counties use evidence-based risk assessments to identify appropriate types of treatment and levels of supervision for offenders.

www.westerncity.com

Different Counties, Different Approaches The basics of realignment remain constant throughout California’s 58 counties, yet individual communities’ experiences with realignment vary — like almost everything else related to California counties and cities — depending on local conditions and circumstances unique to the community. A look at how different counties are responding to the challenges of realignment provides a snapshot of current experiences.

Yolo County Supervisor and former CSAC President Mike McGowan summed it up succinctly: “Recognizing that a ‘one size fits all’ approach will not be successful, each county has the flexibility and authority to design programs and services to manage these offenders in a way that makes the most sense locally.

Cities and Future Realignment Policy Although realignment primarily affects counties and how they deal with offenders, cities are significantly impacted as well and have a strong interest in realignment implementation and policy. Issues of continuing interest to cities include: •

Additional funding to support front-line city public safety efforts;

•

Broader and guaranteed involvement in county Community Corrections Partnerships, including increased representation;

•

Re-examination of the criteria for the second class of offenders who are released to county supervision so that the individual’s complete criminal history is considered, not just the most recent offense;

•

More city police department notification about pending release of offenders from state prison and county jails into local county supervision;

•

Improvements in how real-time data and information about offenders are shared between counties and police departments statewide.

This could include, for example, electronic data sharing of offender information among state, county and local law enforcement entities, allowing more rapid transmission of criminal history and risk assessment information among agencies; and

•

Improved availability of facilities, including city jails, for short-term (three to 10 days) incarceration of offenders who violate the terms of their probation.

continued

Western City, October 2013

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Understanding the Basics of Public Safety Realignment, continued

Most counties are relying on a mix of custody, supervision and treatment options.”

For example: • Glenn County expanded an existing effort, the Community Re-Entry Work (CREW) program, which is a collaboration of several county departments that teach job skills, provide training and help offenders get back on their feet after release.

• Among other strategies, San Bernardino County established a day reporting center, a one-stop place where offenders can check in with their probation officer and access a wide variety of services that can be tailored to help them stay out of jail. San Bernardino County also hired more probation officers, expanded evidence-based programs that keep people out of jail and is working more closely with local law enforcement.

• San Joaquin County’s probation department works together with other county departments and communitybased organizations to provide eligible

inmates with housing assistance, job placement, drug treatment and other services.

• Before realignment took effect, Contra Costa County began working with stakeholders, including nonprofit organizations and the faith-based community, to develop a strategy to identify resources for helping released offenders successfully re-enter the community.

Realignment: A Shift in Thinking When Santa Cruz County’s Chief Probation Officer Scott MacDonald described his county’s Warrant Reduction Advocacy Project (WRAP), which began in 2005 when the county faced severe jail overcrowding, he said, “The program concept is very simple, but it represents a shift in thinking. We need to step back and ask, ‘Did this old way of doing business really make sense? Did it really produce the best public safety? Is it really the best use of our resources?’ On all accounts, the answer was no. WRAP is better public safety, it saves dollars and it’s the type of

common-sense program we need to be implementing in this new environment.”

MacDonald’s description also reflects, in general terms, realignment’s goals.

New Opportunities For Collaboration Realignment offers opportunities for cross-program collaboration, as well as collaboration among cities, the county, schools and nonprofits. In many counties, public safety and criminal justice departments are working more closely with public, private and nonprofit organizations to provide re-entry and other supportive services to released offenders.

Through collaboration and partnerships, released offenders receive drug rehabilitation, education, vocation and literacy services, depending on the county.

Realignment is also providing an impetus for local law enforcement to increase regional coordination. For example, some counties have police-probation teams that monitor and directly work with the offender population. continued on page 16

The courts have flexibility in how sentences are structured.

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Collaborating Locally to Keep Youth From Becoming Juvenile Offenders Realignment minimally impacted the juvenile justice system. A universal observation regarding juveniles is that diversion is better than incarceration. Thus, a key piece of the overall criminal justice system is finding ways to keep young people from being drawn into the system — in short, helping them stay out of trouble.

The following examples offer highlights of a variety of youth-related efforts at the local level. Most involve collaboration among cities, schools, county departments and local nonprofits.

The Fontana Leadership Intervention Program (FLIP) is a partnership of the Fontana Police Department, Fontana School Police and the Fontana Unified School District.

The 16-week program offers at-risk teenagers an opportunity to experience a unique educational environment designed to positively impact the rest of their lives.

Arcadia has several ongoing programs designed to prevent youth from entering the criminal justice system. These include programs at its library as well as through the city’s Recreation Department and school resource officers at the high school. The combination of giving youth places to go and things to do after school and having a law enforcement presence on campus resulted in fewer youth crimes. www.westerncity.com

The South San Francisco Police Department has staffed a two-person school liaison program since the mid-1980s, despite budget cuts. Police department personnel make “adopt-a-school” visits, and the city partners with numerous community programs to deter youth from crime.

Tracy is building on an existing relationship with San Joaquin County that began in 2008 to address juvenile crime. The Mayor’s Youth Support Network is a collaboration involving city residents, state and local agencies, community-based organizations, businesses, youth advisory commissioners, schools, parks and recreation, faith-based groups and local law enforcement. Tracy also provides annual crime prevention grants to nonprofits, focusing on youth outreach and education, substance abuse education and prevention, anti-bullying, alternative after-school and evening youth activities, and gang prevention.

Waterford partnered with a community nonprofit, Waterford Improvement Team, to support the school district’s “Be the Change” workshops with students. The city also participates in a mentoring program that matches community leaders (including city officials) with at-risk youth.

Santa Ana offers a variety of programs designed for at-risk youth. These include the GRIP (Gang Reduction Intervention Program), which is a partnership of the city Police Department, the Orange County District Attorney’s Office and the school district.

Due to budget cuts, Ceres has been unable to fund its own youth diversion program since 2007. However, Ceres is part of the Ceres Community Collaborative, which includes the city, school district, nonprofits and faith-based organizations, that provide services to youth and adults.

Redding provides funds for the Youth Violence Prevention Council of Shasta County and for the youth Peer Court program to divert juveniles from the criminal justice system.

Sacramento’s Summer at City Hall program combines six weeks of class with internships in city departments for high-school students who have limited opportunities to find summer jobs and build their résumés.

West Sacramento provides a variety of services to its diverse youth population as a way of keeping kids out of trouble. Its Police Department partners with schools and the county probation department.

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Understanding the Basics of Public Safety Realignment, continued from page 14

How Is Realignment Working?

It is still too early to draw definitive conclusions about how realignment is working. Nearly everyone involved agrees that more data are needed to evaluate the impacts over the long term. Most also agree that its impact varies among counties. Two key indicators will be recidivism and crime rates.

In some counties, jail overcrowding from realignment is a serious concern as a result of pre-existing capacity constraints and an influx of new offenders.

In other counties, this is not a problem.

The impact on crime rates is also a concern.

Crime has increased in some counties after realignment, but not in others.

Key to assessing the realignment-crime rate relationship is the contribution of other factors, such as substance abuse and the economy.

Writing in The County Voice in May 2013, CSAC Executive Director Matt Cate observed, “Before realignment was even

considered, almost 70 percent of the people who finished their terms in state prison committed new crimes or violated parole and ended up back behind bars.

It was clear to everyone involved that the old system was broken and was not very effective in reducing crime or victimization. Since the inception of realignment, the supervision and rehabilitation programs in some counties have already lowered recidivism rates to less than 40 percent. While we need more programmatic experience to draw conclusions about overall performance, these early signs are quite promising.” ■

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

The process of implementing realignment has revealed the need for closer communication and collaboration

Public Engagement and Realignment Successful public safety realignment activities depend to a large extent on an informed, engaged community.

This is especially critical because communities typically rank public safety as a top concern. Consequently, it is important to proactively address any incomplete information the public may have about realignment, local programs and the real or perceived impacts on the community.

Local officials may want to consider these tips to improve public engagement and realignment: •

Clarify public engagement and public participation goals;

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Create appropriate public engagement activities to meet the goals, including activities to inform, educate and solicit views from diverse members of the community;

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Ensure transparency; and

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Plan public meetings that are accessible to as many people as possible. Evening meetings are generally easier to attend for people who work during the day.

Weekend meetings are sometimes more convenient for working parents or people who work more than one job. Providing accommodations for children also makes it easier for parents to participate.

For a more detailed discussion, read the online version of this article at www.westerncity.com.

between county probation and city police departments.

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Due Process Walls in the City Attorney’s Office:

Safeguarding Fair Hearings

by Amy Greyson

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city undertakes various types of actions when making decisions to carry out its governmental functions. When a city applies an ordinance or other rules to a specific set of facts, the city takes adjudicative or quasi-judicial action. Quasi-judicial actions include hearings and appeals on discretionary permits such as conditional use permits, variances and subdivision map applications. They also include

adversarial hearings and appeals on employee disciplinary actions, grievances and nuisance abatement actions.

In contrast, a city takes legislative action when it adopts “broad … rules of conduct based on general public policy.”

Legislative actions include adoption or amendment of zoning or other ordinances and adoption or amendment of General Plans and Specific Plans.

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.

continued

Amy Greyson is a senior attorney with the law firm of Richards, Watson & Gershon. She can be reached at AGreyson@rwglaw.com. www.westerncity.com

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Due Process Walls in the City Attorney’s Office: Safeguarding Fair Hearings, continued

The principle of procedural due process under the federal and California constitutions requires a fair tribunal in the conduct of quasi-judicial proceedings. The city council, a council-appointed board or commission, a city employee or an outside individual generally may serve as the decision-maker in such proceedings. The city attorney’s office also plays important roles in these proceedings. This article discusses the requirement for separation of functions in the city attorney’s office

during an adjudicative or quasi-judicial proceeding to provide a fair hearing to the applicant or subject of the hearing in accordance with due process of law.

Due Process Requires An Unbiased, Impartial Decision-Maker In a quasi-judicial proceeding or hearing, due process requires the city to provide the interested parties with notice and an opportunity to be heard before an impartial

The city may have to retain the services of more than one law firm to separate the advocacy and advisory functions in quasi-judicial proceedings.

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decision-maker. A decision-maker’s financial interest in a proceeding constitutes actual bias that requires his or her disqualification. Even without a financial interest, a decision-maker may be disqualified when “experience teaches that the probability of actual bias on the part of the judge or decision-maker is too high to be constitutionally tolerable.” Disqualifying bias may exist if the decision-maker has a personal interest in the subject matter of the hearing or has prejudged the outcome of the proceeding.

In-House City Attorneys’ Dual Roles and the Due Process Wall Cities generally obtain their city attorney services through an in-house city attorney’s office, retention of attorneys from a private firm or through an election of a city attorney by the voters.

www.cacities.org

Attorneys from the in-house city attorney’s office may play several roles in the adjudicative process. A city attorney may serve: • In an evaluative capacity by assisting staff or a hearing body or official in interpreting ordinances and statutes or the conduct of proceedings; • As a legal advisor to the decisionmaker, providing guidance during an administrative hearing; • As a prosecutor or advocate in a contested hearing; and • In an investigative role in a matter that may later become the subject of an enforcement action and adjudicatory hearing.

The requirement for a fair hearing affects whether one or various attorneys from an in-house city attorney’s office may be involved in the same quasi-judicial proceeding. Due process does not prohibit combining the investigative, advisory and prosecutorial/advocacy functions in the same public law office. However, in some situations, due process prohibits one attorney from having overlapping roles — to ensure the legal advisor to the decision-maker remains impartial. One city attorney cannot perform the prosecutorial/advocacy function and the advisory function in the same proceeding. Because a prosecutor is a partisan advocate for a particular position, the role of prosecutor “is inconsistent with the objectivity expected of [the] decision-makers.” Allowing one attorney to serve as both advocate and advisor in the same matter creates an appearance of impermissible bias because of the potential that the attorney’s advice to the decision-maker will be influenced by the same attorney’s role in advocating for a particular result.

However, one attorney from an in-house city attorney’s office may serve as the prosecutor/advocate and another attorney from the same office may serve as the advisor in the same proceeding without

violating procedural due process if there is internal separation of these functions by figuratively implementing a “due process wall” between the attorneys.

The city attorney’s office must be able to demonstrate that it uses procedures that effectively screen or prevent the attorney advisor from any potential involvement or responsibility in the attorney advocate’s preparation of the case.

In addition, an in-house city attorney may act as advocate and advisor in unrelated matters before the same decisionmaker. The courts presume impartiality that is overcome only by facts demonstrating actual bias or an unreasonable risk of bias in that case. The presumption of impartiality may be overcome when there is evidence that the decision-maker views one attorney as its primary legal advisor even when that attorney intends to serve only in an advocacy role. In this scenario, a different attorney should undertake the advocacy role, and the two attorneys should be internally screened from each other by a due process wall.

Due Process Requirement: Cities May Need Two or More Private Law Firms Private law firms serving as the city attorney’s office also perform investigatory, evaluative, advisory and prosecutorial/ advocacy functions for quasi-judicial hearings and proceedings. To address due process issues, private law firms also use due process walls to provide internal separation of functions between attorneys serving in dual roles in the same quasi-judicial proceeding. However, the circumstances in which private law firms may use due process walls in quasi-judicial proceedings have become less clear because of a California appellate court decision earlier this year in Sabey v. City of Pomona. The Sabey decision limits the use of due process walls for law firm partnerships in adversarial disciplinary appeals. In Sabey, a city retained an

The principle of procedural due process under the federal and California constitutions requires a fair tribunal in the conduct of quasi-judicial proceedings.

attorney from a law firm partnership to investigate a police officer’s potential misconduct and then to advocate for the officer’s termination during a city council appeal hearing requested by the fired officer. Another partner from the same firm served as the attorney advisor to the city council during the appeal hearing, where the officer’s termination was upheld.

The fired officer then sued, alleging his due process rights were violated because the city council was not advised by a neutral attorney. The law firm argued that there was no due process violation because the attorneys were separated by a due process wall within the firm. The court ruled that attorneys from the same law firm partnership may not undertake advocacy and advisory roles in the same advisory arbitration on a personnel matter even if they are screened by a due process wall. The court concluded that the advisory partner has a fiduciary duty to the advocate partner and to the firm. continued on page 23

www.westerncity.com

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Santa Maria’s Listos: Disaster Preparedness Program Builds Trust The City of Santa Maria (pop. 100,306) lies southeast of San Luis Obispo and just north of Vandenberg Air Force Base in Santa Barbara County. Nearly two-thirds of Santa Maria residents speak a language other than English at home, according to the 2010 census, and more than 70 percent identify themselves as Hispanic/ Latino. English literacy rates are low. Santa Maria’s public safety staff recognized that many residents did not have a grasp of basic emergency and disaster knowledge.

This 2011 Listos class was so large that the graduation ceremony had to be held outdoors.

a program that teaches disaster readiness using an innovative, low-cost, grassroots approach. The program, customized to meet the needs of Spanish-speaking groups, is called Listos, which means “ready” in Spanish.

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raditional outreach methods targeting Spanish-speaking residents had not worked. “One of the biggest obstacles to involving many in the Latino community is their fear of first responders and distrust of government or people in positions of authority, stemming from past experiences in their countries of origin,” says Fire Chief Dan Orr. “This fear and distrust has often

resulted in few requests for help from them during emergencies.”

These cultural and language barriers profoundly affected the city’s ability to educate the community about emergency preparedness.

So Santa Maria collaborated with the Orfalea Foundation’s Aware & Prepare Initiative, starting in 2011, to develop

Listos emphasizes sharing preparedness skills and information with family and friends, using a culturally appropriate curriculum that overcomes language and trust barriers and strengthens relationships between first responders and the community.

The Listos curriculum condenses the traditional Community Emergency Response Team (CERT) eight-week course into a four-week, 12-hour course. During the training session, Listos staff explains the role of firefighters and introduces continued on page 25

The City of Santa Maria won the 2013 Helen Putnam Award for Excellence in the Public Safety category. For more about the award program, visit www.helenputnam.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) 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 Anita Lopez, administrative assistant; email: alopez@cacities.org; phone: (916) 658-8223.

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Must have Bachelor’s degree w/major course work in civil engineering or related field & 7 yrs exp. Certificate of Registration as Professional Engineer w/ State of California highly desirable. Visit our website at www.cityofmonrovia.org for more information on application process.

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Economic Development Manager, City of Visalia, CA The City of Visalia (population approximately 130,000) is nestled in the heart of California’s San Joaquin Valley with the Sierra Nevada Mountains on the east and the Coastal Mountains on the west. Visalia is seeking an Economic Development Manager to be a catalyst and facilitator of economic development activities. The ideal candidate will be a proven leader who can quickly develop critical relationships with City staff, businesses, the development industry, citizens, local government agencies and regional agencies. The successful candidate will be politically astute and encompass an understanding of creative solutions for economic growth. A Bachelor’s Degree in business administration, urban planning, economics, or a related field is required. A Master’s Degree in one of these fields is desirable. The salary range for the Economic Development Manager is $6,485 - $8,153 per month. The City offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Regan Williams or Mr. Joel Bryden at (916) 784-9080 should you have any questions. Brochure available. Closing date October 28, 2013. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

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Director of Management Services, City of Monterey Park, CA The City of Monterey Park (population 61,445) is the gateway to the San Gabriel Valley in southern California and offers a blend of history and tradition with a modern approach to business, neighborhoods, people, and community.

The City is now seeking a Director of Management Services to oversee a staff of 16 and a FY2013/ 2014 department budget of $2.1 million. The new Director will need to dedicate attention to achieving specific strategic plan objectives and exhibit an ongoing commitment to providing exemplary services to residents of the City. Candidates must have seven years of professional and managerial experience, including knowledge of generally accepted accounting principles, generally accepted auditing principles for public-sector financial administration, and principles and practices of administrative management. A bachelor’s degree from an accredited four-year college or university with major coursework in public administration, accounting, finance, or a related field is required; a master’s degree is preferred. The salary range for this position is $116,000$148,000 annually; 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 at (916) 784-9080 should you have any questions. Brochure available.

Closing date: October 16, 2013.

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In the heart of the Bay Area and Silicon Valley, the City of Fremont (pop. 215,000) was recently ranked 4th on the “Best Run City in America” list by 24/7 Wall St. and America’s third “Sharpest, Smartest City” by Reader’s Digest. This strategically urban community prides itself on innovation, green technology, safe neighborhoods, low unemployment and great schools. The City’s total FY2013-14 budget is $239 million ($150 million General Fund). The Public Works Department is supported by 110 FTE. The ideal candidate will be an exceptional project manager with a proven history of successfully managing a multitude of priorities simultaneously. An entrepreneurial leader, he/she also will be an outstanding communicator and effective relationship builder. In addition, a history of being a highly engaged people manager will be expected. Extensive experience in transportation will be considered favorably. Seven (7) years of progressively responsible experience in a comparable setting along with a Bachelor’s degree are required.

Salary range $153,427 - $207,126. Compensation also includes competitive benefits package. This recruitment will close at midnight on Sunday, October 13, 2013.

For detailed brochure and to apply online, visit www.tbcrecruiting.com.

Teri Black-Brann • 310.377.2612 Steve Parker • 949.322.8794

Take your career to the next level.

Upcoming Opportunities: City of Greeley, CO — Water and Sewer Director City of Hayward, CA — Deputy Director of Finance

Please visit our website

www.peckhamandmckenney.com or call (866)

912-1919 for more information.

Photo/art credits Cover: Lava 4 Images/Shutterstock.com

Page 12: Spirit of America/Shutterstock.com

Page 3: Buckets photo, Yegor Korzh/Shutter stock.com; background image, Sergey Nivens/ Shutterstock.com

Page 14: Evlakhov Valeriy/Shutterstock.com

Page 6: Brandon Bourdages/Shutterstock.com

ph 916 •784•9080 | fax 916•784•1985

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Public Works Director City of Fremont, CA

Page 5: Stockshoppe/Shutterstock.com

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Page 15: William Perugini/Shutterstock.com Page 16: 06photo/Shutterstock.com Page 17: Stanislav Tiplyashin/Shutterstock.com

Page 7: Apdesign/Shutterstock.com

Pages 20, 25 & 26: Courtesy of City of Santa Maria and League of California Cities

Page 9: Gwoeii/Shutterstock.com

Page 27: Patpitchaya/Shutterstock.com

Page 10: Bikeriderlondon/Shutterstock.com

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Due Process Walls in the City Attorney’s Office: Safeguarding Fair Hearings, continued from page 19

Because the advisory attorney would be placed in the role of reviewing the result achieved by his partner, this situation creates an appearance of bias and unfairness that violates due process. The court also said that due process walls in a government law office (such as an in-house city attorney’s office) are different, finding that government lawyers do not owe each other fiduciary duties. The court reasoned that if attorneys from the same in-house city attorney’s office are properly screened, there is no reason to suspect that the attorney advisor will try to promote the result desired by the attorney advocate.

The California Supreme Court denied review of Sabey, and the decision is final. As a result, cities that choose to use outside law firms to provide legal services may be required to use more than one firm to provide different functions in the same quasi-judicial matter involving adversarial disciplinary appeals. The extent to which Sabey applies to non-partner attorneys, to law firms structured as corporations or to other types of quasi-judicial proceedings remains unclear.

Purely Advisory Capacity May Not Require Separation Of Functions Two of the city attorney’s traditional functions are to advise the decision-maker in interpreting or applying ordinances or statutes and to provide legal options during quasi-judicial hearings or proceedings in which the decision-maker considers whether to issue a discretionary permit.

The courts recognize the need for cities to rely on their attorneys for expertise in the applicable law in these proceedings.

When an attorney serves in a purely advisory capacity and does not actually advocate for a particular result, the courts do not view this type of hearing or proceeding as adversarial. A due process wall is therefore not required when a city attorney serves only in a neutral, evaluative role, and the same attorney may also

An in-house city attorney may act as advocate and advisor in unrelated matters before the same decision-maker.

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Community Development Director City of Ojai, California Located in the bucolic foothills of Ventura County, Ojai (pop. 8,000) is an established tourist destination with a vibrant artistic community and strong sense of local identity. The Community Development Director will oversee the department’s planning and building & safety functions while reporting directly to the city manager.

The ideal candidate will have proven management and leadership experience in a local government setting. A Bachelor’s degree in Urban Planning or a related field is required; Master’s preferred. The ideal candidate will have the equivalent to eight years of progressively responsible community development experience with five years in a management/supervisor capacity, preferable with a public agency.

Annual salary range is $113,165 to $137,553.

To apply, you must file a City of Ojai employment application by October 25, 2013 to City of Ojai, Attn: Deputy City Manager Steve McClary, P.O. Box 1570, Ojai, CA 93024. No faxes or emails accepted. For information please contact Mr. McClary at (805) 646-5581 x101 or www.ci.ojai.ca.us

New opportunities . . .

City Manager

City of Aliso Viejo

Water Director City of Santa Cruz

Police Captain

City of East Palo Alto

Library Services Director City of Newport Beach Teri Black • 310.377.2612 Carolyn Seeley • 949.487.7606 Steve Parker • 949.322.8794

continued

www.westerncity.com

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Due Process Walls in the City Attorney’s Office: Safeguarding Fair Hearings, continued

decision. The city may have to retain the services of more than one law firm to separate the advocacy and advisory functions. To avoid delay and forestall legal challenges in light of Sabey, cities should review their administrative procedures to make sure their practices are consistent with the due process rights of parties involved in quasi-judicial proceedings. ■

advise city staff and the decision-maker on the same matter. Examples include applications for use permits, variances and subdivision maps.

Conclusion When conducting quasi-judicial hearings, a city must provide procedural due process, including a neutral and unbiased decision-maker. An in-house city attorney’s office must separate the advocacy and advisory functions of its attorneys on the same matter by creating a due process wall between the attorneys in the office.

When an outside law firm provides city attorney services, a due process wall may not be sufficient as a result of the Sabey

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Attorneys from the in-house city attorney’s office may play several roles in the adjudicative process.

Looking for Footnotes?

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

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Santa Maria’s Listos: Disaster Preparedness Program Builds Trust, continued from page 20

Fire Department personnel to the community in a friendly, low-key and nonthreatening way. Participants report that their fear of first responders, which many in the Latino community cited as the single main factor keeping them from asking for help during emergencies, significantly diminishes after they attend their first Listos class.

During the classes, Listos participants learn how to use a fire extinguisher, make family communication and reunification plans, treat the injured and shut off utilities.

Listos participants quickly learn that the city’s scarce emergency resources mean that residents must take responsibility for their own well-being in a disaster.

On any given day, less than two dozen city firefighters and police officers are working on a single shift. Consequently, the city’s limited resources will be overwhelmed in a disaster if community members are unprepared.

building trust Food plays an important part in Listos.

During a break halfway through class the participants and instructors share a potluck-style meal that encourages freeflowing discussion.

Listos volunteers complete a 24-hour Train-the-Trainer course beyond the standard 12-hour course for students.

Ongoing training and supervision occur at a monthly meeting and volunteers have access to Fire Department employees via phone. Chief Orr also gives the Listos volunteers group his personal cell phone number; 20 volunteers have it, some for two years or more, and he has received only appropriate calls.

The Listos volunteers also partner with the local ambulance company to teach hands-only cardio-pulmonary resuscitation (CPR) to more than 2,000 residents in less than two months.

“Because the Listos volunteers have been so active in the community and are

Listos participants complete workbook exercises as part of their disaster preparedness training.

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CITY OF MONTEREY The City of Monterey is one of California’s most historic cities, featuring more historic buildings in its downtown than any other city west of Santa Fe. Known for preservation of its history, culture and natural environment, Monterey also is a leader in creating a sustainable community. The Monterey Peninsula and the Big Sur coast comprise one of the world’s most spectacular shorelines, skirted with cypress trees, rugged shores, and crescentshaped bays. Residents and visitors benefit from the spectacular natural beauty of the area.

Monterey seeks an experienced public sector executive with broad-based experience in managing a complex, full service community.

The new manager will be a progressive and effective administrator that will develop a strong relationship with the Mayor, City Council, staff and the community based on partnership, mutual trust and respect. A positive, engaged and forward thinking leadership style will be necessary in this role.

CITY MANAGER

William Avery & Associates Management Consultants 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

Experience at the executive level of a local government organization, ideally as City Manager or CAO and a BA/BS degree from an accredited university in public/business administration or a closely related field is required. A Master’s degree is highly desirable. The salary range is $200,000 - $235,000 annually, DOQ. To be considered, submit your letter of interest, resume, current salary and a list of five work-related references (email preferred) to Bill Avery or Paul Kimura by October 21, 2013. A formal job announcement is available at http://www.averyassoc.net/jobs.

Information Technology Director Morongo Band of Mission Indians Salary: D.O.E. Excellent benefits, including 100% paid medical, dental and vision BASIC DUTIES: Responsible for overall planning, organizing, and execution of IT and communica­ tion functions for the Morongo Band of Mission Indians tribal government and Enterprises. Provide leadership, vision, and ongoing development to the IT department. Work with Morongo staff to assess and respond to IT needs. Provide day­to­day supervision, conduct performance appraisals, and delegate work assignments for all IT personnel. Manage the deployment, monitoring, maintenance, development, upgrade, and support of all IT systems for the Tribe and its Enterprises.

Maintain the integrity and continual operation of Morongo’s networks. Maintain security and privacy of information systems, communication lines, and equipment.

EXPERIENCE & EDUCATION: Position requires a bachelor’s degree in Information Systems, or other closely related field, and 7­10 years of managerial experience.

APPLY: Send resume to resumes@morongo­nsn.gov or fax 951­922­0321. Visit our website at www.morongo­nsn.gov for employment application. Interviews by appointment are available. Call 951­755­5180 for more information.

continued www.westerncity.com

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Santa Maria’s Listos: Disaster Preparedness Program Builds Trust, continued

easily distinguishable with their bright red shirts, the community recognizes them and trusts them,” says Gracie Huerta, who spearheaded the program’s development in Santa Maria. “So they are willing to approach volunteers at the swap meet or laundromat where they have set J

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up booths to teach hands-only CPR. This is something that a ‘badged’ staff member might not be able to do as easily.”

Making a Difference Between February 2012 and February 2013, Listos volunteers donated more than R

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CITY OF HOLLISTER The City of Hollister (pop. 34,950) is a friendly town reflecting Central California independence and charm.

Serving as the County Seat of San Benito County, Hollister has been one of the fastest growing communities in California during the past decade, yet it still maintains the quality of living that has attracted people from throughout the state. The City’s ideal location is served by major California highways and enjoys close access to the City of San Jose and the Monterey Peninsula.

Within this tranquil and largely agricultural setting, Hollister seeks a new City Manager to head the overall administration of all aspects of city operations. The successful candidate will be an inspirational leader and excellent administrator with a professional background that includes finance and budget expertise. A strong commitment to and involvement with the community is 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 required.

CITY MANAGER

William Avery & Associates Management Consultants 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

For detailed information on this position, please see the formal job announcement available at http://www.averyassoc.net/jobs. The salary range for this position is currently under review and the filing period is expected to close in the late November timeframe. The formal application process includes submittal of your letter of interest, resume, current salary and a list of five work related references (email preferred) to Paul Kimura.

CITY OF LYNWOOD The City of Lynwood is an ethnically diverse, multicultural and youthful community with a population of 73,147 residents. The City encompasses a 4.9 square mile area within Los Angeles County and is ideally situated near the Highway 105 and 710 corridors adjacent to the cities of South Gate and Downey. Since Lynwood’s incorporation in 1921, the City has developed and expanded as a community with a path of progressive economic development that has and is expected to continue attracting new businesses and industry. The City’s community development progress makes Lynwood a desirable place to work, shop and visit.

1,700 hours of service to the Santa Maria community. Their activities included: • Teaching classes at local churches and even in residents’ driveways; • Staffing information tables at the local Strawberry Festival and County Fair; • Becoming regulars on a Spanishlanguage radio station giving interviews on disaster preparedness strategies three times a week; and • Participating in Spanish-language public service announcements.

The program has stimulated public dialogue about disaster awareness. This has generated increased media coverage of Listos and promotes continued interest in its classes.

Listos is now taught in communities throughout Santa Barbara County. Pacific Gas and Electric Company has supported training in nearby San Luis Obispo County. And with the support of the California Emergency Management Agency and the Federal Emergency Management Agency, the Listos program is expanding to serve Latino populations statewide.

“The most common feedback after a class is ‘we want more,’” says Huerta. “Listos not only teaches disaster preparedness, it is also building stronger and more resilient communities. Listos is changing the lives of the participants, their families and the community.”

Contact: Mark van de Kamp, management analyst, City Manager’s Office; phone: (805) 925-0951, ext. 372; email: mvandekamp@cityofsantamaria.org. ■

CITY MANAGER

During this time of community growth and William Avery & Associates economic opportunity, the City seeks a new Management Consultants City Manager to lead city operations. The 31/2 N. Santa Cruz Ave., Suite A new manager will develop and maintain an Los Gatos, CA 95030 effective and proactive communication with City Council and will lead 408.399.4424 the city effort towards community building while seeking the ideal Fax: 408.399.4423 balance between quality of life and economic vitality considerations. email: jobs@averyassoc.net A participative, collaborative management style will be essential in this www.averyassoc.net role. Experience as a public sector executive is required. A BS/BA degree in Public Administration or a closely related field is expected and a MS/MA is highly desirable.

The salary for this position is open and negotiable, DOQ. To be considered, submit your letter of interest, resume, current salary and a list of five work-related references (email preferred) to Paul Kimura by November 15, 2013. A formal job announcement is available at http://www.averyassoc.net/jobs.

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City Firefighter Kristin Halbeisen explains the proper usage of a fire extinguisher to a Listos class.

www.cacities.org

Using Public Resources: Special Issues Around Expenses and Expense Reimbursement, continued from page 9

If an agency issues credit cards to individuals, the safest practice is never to allow the card to be used for personal purchases.

Spouse or Domestic Partner Travel In the private sector, company officials sometimes travel with their spouses on business trips at company expense.

This is not the case in the public sector.

The attorney general has concluded this would constitute a gift of public funds because there is no direct and substantial public purpose in paying for the expenses of a public official’s spouse. The specific question related to whether it would be proper for a hospital district to pay for a district director’s spouse to attend a conference on official business. The attorney general said no.

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political use of public resources was the basis for convicting a county supervisor who, among other things, used county facilities and staff time for her private law practice and campaign activities. ■

This, of course, does not mean a spouse or partner cannot come to official functions; the spouse’s expenses are a personal expense as opposed to a public agency expense.

Use of Public Resources for Business Finally, public servants are wise to be sensitive to incurring any expenses — including using public agency facilities, equipment, supplies or staff time — for personal purposes. This includes using public resources in a way that benefits their business or political endeavors.

The prohibition against the personal and

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William Avery & Associates, Inc. Labor Relations / Executive Search / Human Resources Consulting 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

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

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Western City, October 2013

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