OFFICIAL WORD SPECIAL LINKS OF IN- TEREST:

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1 C I T Y O F L A T H R O P OFFICIAL WORD SPECIAL LINKS OF IN- TEREST: Gladwell Government Services, Inc. GG-One Software com/ IntelliBridge Partners tners.com Lapkoff & Gobalet Demographic Research Inc. om INSIDE THIS ISSUE: President s Message 1 Newly Designated 2 LOCC Annual Conference 2 Following Your 3 (Inner) Leader Legislative Update 4 Athenian Dialogues Annual Conference 6 Classifieds 10 CCAC Board 12 V O L U M E 1 2, I S S U E 8 President s Message Did you know the second week in August is National Smile Week? It seems like lately we ve been bombarded with negativity whether it s the country s debt crisis, the rise in Randi Johl, JD, MMC famine across the CCAC President globe, or the economic challenges in our own communities the bad news seems to be everywhere! To combat the bad news, let s spread the good news lots of good news by celebrating National Smile Week! Some of the good news and benefits of smiling include the following: Smiling changes our mood. Smiling relieves stress. Smiling boosts our immune system. Smiling releases endorphins and makes us feel good. Smiling lifts the face and makes us look younger. Smiling is contagious. We can smile because we have amazing families and friends, strong faiths and hope, meaningful careers and so much more. So smile away and be happy! As for the business of our organization, there are a few A U G U S T important dates to be cognizant of. First, the League Annual Conference will be held September 21-23, 2011 at the Moscone Center in San Francisco. The City Clerks Annual Department Meeting, which includes the Pre-Conference Workshop, will be held on September 21 st from 10:00 a.m. 3:00 p.m. The $100 cost includes lunch and the fourhour workshop valued at 1 CMC/MMC point. This is also the meeting at which the new Executive Board will be sworn and seated. Some of the League Policy Committees may also be meeting during the conference. The annual New Law and Election Seminar will be held on November 30 December 2, 2011 in Long Beach. Additional information about the seminar will be forwarded as it becomes available. I have heard some of our regular visitors, including Dixie Howard with the Fair Political Practices Commission and Neal Kelley with the Orange County Registrar of Voters, are slated to be on the program. That is all the news for now. Next month in my last Official Word article as president, I ll provide a final status report on the Executive Committee Goals, current happenings with the League and FPPC, and any other news worthy items prior to my departure. Thank you again for the opportunity to serve Team Clerk.

2 PAGE 2 Newly Designated Congratulations to the following IIMC Members for achieving their designations! Certified Municipal Clerk: ο Jennifer Yamaguma, CMC, City of Santa Clara Master Municipal Clerk: ο Lori Martin, MMC, City of Waterford ο Rebekah Barr, MMC, City of American Canyon LOCC Annual Conference & Expo The League of California Cities Annual Conference & Expo will be held September 21-23, 2011 at the Moscone West Convention Center in San Francisco. Don t forget to register your City s voting delegate for the conference! Sessions that may be of interest to city clerks include: Caught in the Net: Tools and Tips for Managing Employee Misconduct and Other Issues in Social Media Guide to Crisis Communications and Strategic Solutions Leadership Strategies in Times of Economic Meltdown Linking Generational Differences for a Stronger City Parliamentary Procedure for Mayors and Council Members Turning Civic Passions into Action: Volunteers As Strategic Resources for Cities And more! Also for clerks City Clerks Department Pre-Conference Workshop Public Hearings: the Good, the Bad, and the Complicated" Public hearings are good because they encourage citizen participation and transparency in government. Hear how public hearings can go bad as out-ofcontrol situations result in new case law and legislation. Learn about the complicated processes associated with various hearings and the implications of Proposition 26. Wednesday, September 21, :30 a.m. 3:00 p.m. $100 (includes lunch) Approved for 1 IIMC point Register online for the conference and/or the workshop at by Tuesday, August 30, Central Division Installation Save the Date! CCAC Central Division will be having its annual installation meeting on September 16, 2011 in Manteca, California. The Education Program is going to be "Journey to Digital Delivery and Greater Transparency" presented by City of Sacramento's Dawn Bullwinkel, Assistant City Clerk. Additional information to follow via City Clerk Listserv.

3 Following Your (Inner) Leader By Mindy Cuppy, CMC, City Clerk and Nancy Pearl, Communications City of Rancho Cordova, California A recent story in CCAC s Official Word paraphrased author Steve Farber by stating that Extreme Leadership [is] the only kind that matters these days, suggesting that the word leadership is an overused buzzword and applies to those people who are slick, polished, highly visible and possibly insubstantial. That got us to thinking about leadership. Maybe there are different types of leadership; one with a big L and one with a little l. Perhaps he was referring to Leaders we see on TV, in the news, in politics, business, education and the like. Presidents, CEOs, entertainment celebrities, and advocates of many causes. Maybe there are also lower-case leaders who may never receive the kind of recognition we tend to associate with success. Who are these people? Little league coaches, school room moms, dads and grandparents, PTA members, volunteers. In other words, people like us. Regular folk. People who care enough to become involved in something important. How can we as City Clerks be leaders? Most likely everyone reading this has run across an ordinance, law, practice or procedure that either doesn t make sense or possibly conflicts with another. Perhaps there is a lapse in a procedure that could eventually become a problem. If the issue is raised, the response is often well, it s always been that way or it s too complicated to try to change it or what does it matter, it s not hurting anyone. We ve all heard those kind of wearisome comments. Here is where you can become a leader. You can use your excellent training and analytical mind to do some research. What is the history of the situation? What has been done in other jurisdictions? Are there legal or ethical ramifications that could come into play? What is/ will be the effect on the community? Jot down all the possible questions you can think of about your issue, try to find as many pertinent answers as you can. Consult with other subject matter experts. The knowledge you gain will enable you to develop an educated proposal for change. The more background and support you have, the more likely your proposal will be successful. And, despite the inevitable set-backs or road blocks, continue to follow through on it until it reaches resolution. Regardless of whether the resolution is what you wanted or hoped for, if you brought it forth and saw it through, you assumed a leadership role. That is something to be (Continued on page 4) PAGE 3 Mindy Cuppy Rancho Cordova City Clerk September TTC (Series 100) Registration for the September TTC (Series 100) is officially open! The session brochures are on the way via USPS - in the event you d rather not wait, the registration form and brochure are available on pages 7-9. Don t miss this great training and networking opportunity to be held September 6-9, 2011 in Riverside, CA. Register now! If you have any questions please contact Institute Director Maureen Kane at , TTCwithKane@aol.com or Joann Tilton at , jtilton@ci.manteca.ca.us. OFFICIAL WORD VOLUME 12, ISSUE 8

4 PAGE 4 Dawn Abrahamson, MMC Legislative Director Legislative Update AB 23 (Smyth) This bill was signed by the Governor on July 25, 2011 and will go into effect January 1, This bill requires that, prior to holding a serial or simultaneous meeting, the clerk or a member of the legislative body announce the compensation that members of the legislative body will receive for attending the serial or simultaneous meeting. An example is when a legislative body meets as the city council, and then recesses or adjourns and reconvenes as the RDA board or the housing authority. The compensation for the serial or simultaneous meeting must only be announced if it is above what is already allowed by state statute, and if it is received just for attending the additional meeting. AB 23 is intended to curb the practice that happened in the City of Bell when city council members met simultaneously as several different bodies in one meeting, and then received significant compensation for the various meetings. The author hopes to discourage or prevent gaveling in and gaveling out of meetings just to receive additional compensation. Important Points to Remember About AB 23: Applies to serial or simultaneous meetings only (not the City Council meeting itself) Oral announcement is required by the clerk or a member of the legislative body (compensation need not be listed on the agenda and cannot be listed on the agenda as an alternative to the announcement) Only applies to compensation for each simultaneous meeting (if no compensation, then no announcement is needed) No announcement is required if the compensation for the serial or simultaneous meeting is the same that is allowed under a state statute Check with your city attorney if you do not know if the compensation paid is different or more than allowed under a state statute AB 1344 (Feuer) Status: Pending action in the Senate Appropriations Committee League Position: Seeking amendments. The League is seeking amend- (Continued on page 5) Following Your (Inner) Leader Cont. proud of. That knowledge and self-assurance will help you the next time you want to lead. Of course, there are many ways to assume leadership positions, both in the office and at home. Volunteer. Step up to organize a department luncheon or awards event. Offer to take the kids class on a field trip. Help out at the library or any organization that needs volunteers. Even if you don t have a title or teams of followers, if you re taking positive action that helps others, you are a leader. So, the idea is that, no matter what the magnitude of the project, leadership depends on someone you taking the reins on something that is meaningful to you, and, most likely, others. Where you see a wrong, right it, no matter how big or how small. It makes a difference. You don t need to be an Extreme Leader to lead.

5 Athenian Dialogues PAGE 5 Announcing Athenian Dialogue #3... We Band of Angels by Elizabeth M. Norman Location: Manteca The Dialogue will be held in September. The exact date is being determined, but go ahead and get your book now! Athenian Dialogue #4... Will be held in early November in Northern California Watch the City Clerk Listserv for final scheduling information on these next two California Dialogues. Legislative Update Cont. ments to the Brown Act portion of the bill related to adopting contracts and the abuse of office provisions. AB 1344 (Feuer) would amend the Brown Act, election statute, and create new sections of code related to executive level management contracts. This bill is still a work in progress as the League and the City County Management Foundation (CCMF) along with the advocacy firm Gonsalves and Sons continue to seek amendments to the Brown Act portion of the bill related to adopting contracts and the abuse of office provisions. While this bill is expansive, it is intended to solve several of the problems arising out of the Bell scandal including the abusive pay practices. Require that proposed charters or charter amendments be presented to the voters at a statewide or general municipal election. Require that a proposed charter have an extended noticing period of 10 or 21 days. This provision has not yet been amended into the bill but it is our understanding that it will be. The League is advocating for a 10 day over a 21 day noticing period. Require that agendas be placed online. Define compensation as salary, stipend, or bonuses for the purpose of the bill. Define cost-of-living adjustment. Define local agency executive to mean a person who is not subject to collective bargaining and who is a chief executive or a department head. Prohibit contracts executed on or after Jan. 1, 2011 from including automatic renewals of the contract if the contract also provides for an automatic increase in the level of compensation that exceeds a cost -of-living adjustment. Prohibit contracts from including cash settlements that exceed the limits already provided in current law. Require that contracts be adopted at a regular public meeting. The League is seeking technical amendments to this section to clarify the language. Require that any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee (Continued on page 6) OFFICIAL WORD VOLUME 12, ISSUE 8

6 PAGE 6 Legislative Update Cont. is convicted of a crime involving an abuse of his or her office or position. The League is seeking amendments to clarify this language. Define "abuse of office or position" to mean (1) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority; and, (2) A crime against public justice, including, but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code. The League is seeking amendments to narrow the scope of this section. Explanation for the amendments: 1. The amendment related to adopting a charter or charter amendment is a response to when Bell adopted their charter. Bell put the charter before the voters at an election following a statewide general election. They did this knowing that the voter turnout would be very low. Less than 400 people voted to make the city a charter city. The author wants to prohibit this practice or the practice of putting proposed charters or charter amendments before the voters at a special election. 2. The author also believes that a longer noticing period is more appropriate for proposed charters or charter amendments as well. In talking with attorneys this longer noticing period will not be terribly burdensome. However, the League suggested that if they do amend the noticing period that it be 10 days and 21 days. 3. The requirement that agendas be placed online is a state mandate. However, the agencies the League surveyed are already doing this. 4. Requires that city manager and department head contracts be adopted at a regular public meeting. In the League's discussions with the author and CCMF it was their understanding that this is standard practice already. Should you have any questions regarding these two bills, you may contact me at dabrahamson@ci.vallejo.ca.us or consult with your city attorney. AB 80 (Fong) Presidential Primary: Election Date This bill was signed by the Governor on July 29, 2011 and will go into effect January 1, This bill changes the date of the presidential primary election to the first Tuesday after the first Monday in June of presidential election years and will consolidate the presidential primary election with the statewide direct primary election Annual Conference SAVE THE DATE 2012 CCAC Annual Conference Next year s annual conference will be held April in Sacramento at the Embassy Suites. We are still in early planning stages but at this point an Academy Session is tentatively planned for Tuesday April 10th. More info to follow soon.

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12 PAGE /11 CCAC Board of Directors Randi Johl, JD, MMC, President, Lodi, , Shirley Concolino, MMC, First Vice-President, Sacramento, , Jamie Anderson, MMC, Second Vice-President, Yucca Valley, , Cynthia VanWormer, CMC, Recording Secretary, Fort Bragg, , Lucinda Williams, MMC, Fullerton, Treasurer, , Mitzi Ortiz, MMC, Communications Director, Lathrop, , Dawn Abrahamson, MMC, Legislative Director, Vallejo, , Joann Tilton, MMC, Professional Development Director, Manteca, , Margaret Wimberly, CMC, Northern Division Professional Development Representative, Brentwood, , Dana Davidson, MMC, Central Division Professional Development Representative, Merced, , Pat Hammers, MMC, Southern Division Professional Development Representative, Cathedral City, , Patrice Olds, MMC, Northern Division Trustee, Walnut Creek, , Nanci Lima, MMC, Central Division Trustee, Lemoore, , Kimberly Rodrigues, MMC, Southern Division Trustee, Agoura Hills, , Lorrie Brewer, MMC, Northern Division Chair, Mountain View, , Lori Martin, CMC, Central Division Chair, Waterford, , Juana Laur, MMC, Southern Division Chair, Laguna Niguel, , Lisa Pope, MMC, Past President, Malibu, , ext. 228, Colleen Nicol, MMC, IIMC President, Riverside, , Kristi Smithers, MMC, Region IX Director, Wasilla, AK , Margaret (Peggy) Hawker, MMC, Region IX Director, Newport, OR , League Representative: Lorraine Okabe, Information Services Mgr., ,