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HomeMy WebLinkAbout17. Adopt Reso-Approving Independent Citizens Oversight Committee ByLawsit NO. APPROVED BY ITY M'ANAGER TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU IL FROM: OFFICE OF THE CITY MANAGER BY: JOHN OSKOUI, ASSISTANT CITY MANAGER DATE: FEBRUARY 13, 2018 SUBJECT: CITY OF DOWNEY'S INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE BYLAWS That the City Council adopt Resolution No._ approving the City of Downey's Independent Citizens' Oversight Committee Bylaws. DISCUSSION Measure S, a half -cent transactions and use tax (sales tax) for 20years ' was approved 4,y Downey voters at the November 8, 2016 election. The measure took effect on April 1,2017. A portion of the revenue generated through Measure 8 will be used for certain operational programs such as addition of police officers and to improve city infrastructure such as facilities, buildings and parks. On June 28; 2017; the City Council adopted Resolution No. 16-7657 establishing th'i Independent Citizens' Oversight Committee. The Independent Citizens, Oversight Committee will periodically review .•• •• expenditure reports produced by the City to ensure that Measure S proceeds are expended for the stated operational programs and Measure S related infrastructu r improvement projects. 0 INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE FEBRUARY 13, 2018 PAGE 2 The Committee shall serve in an oversight capacity to meet on a quarterly basis and review revenues and expenditures and provide independent verification that all expenditures are being made per Measure S stated programs. The findings and report of the Independent Citizens' Oversight Committee will be reviewed by the City Council at a publicly noticed meeting and will be made available to the public. The attached By -Laws clarify the roles, responsibilities, duties and structure of the Committee in detail. Therefore, staff requests that the City Council adopt the attached Resolution approving the Independent Citizens' Oversight Committee. The cost associated with staff time expended to provide support to the Independent Citizens' Oversight Committee will be charged to Measure S related accounts. ATTACHMENTS Resolution Attachment A: Independent Citizens' Oversight Committee By -Laws 2 RESOLUTION OF • OF OF DOWNQ APPROVING•- THE INDEPENDENTOVERSIGH COMMITTEE WHEREAS, on November 8, 2016, the voters of the City of Downey adopted the Downey Transaction and Use Tax through the approval of Measure S, a transaction and use tax of one-half percent that took effect on April 1, 2017; WHEREAS, the City of Downey Transaction and Use Tax Ordinance (Ordinance 16- 1362), required that the City Council establish a five -member Independent Citizens' Oversight Committee to review the expenditure of revenues generated by the transactions we use tax one-half percent tax and make recommendations to the City Council; and WHEREAS, on June 28, 2016, the City Council adopted Resolution No. 16-7657 creating the "Independent Citizens' Oversight Committee;" and WHEREAS, providing the Independent Citizens' Oversight Committee Bylaws clarify the role, responsibilities and duties of the Committee, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Downey hereby approves the Independent Citizens' Oversight Committee Bylaws, attached hereto and incorporated herein. SECTION 2. The City Clerk is hereby directed to transmit a copy of this resolution to the Independent Citizens' Oversight Committee., SECTION 3. The City Clerk shall certify to the adoption of this Resolution APPROVED AND ADOPTED this 13th day of February, 2018. SEAN ASHTON, Mayor MARIA ALICIA DUARTE, CMC City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 13th day of February, 2018 by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN;: Council Member: RESOLUTION NO. PAGE 2 MARIA ALICIA DUARTE, CMC City Clerk 11 ATTACHMENT City ofDowney Independent Citizens' Oversight Committee By Laws CITY OF DOWNEY I I NDEPENDENT CITIZENS'OVERSIGHT COMMITTEE BYLAWS (Approved by the City Council on 2018) On November 8, 2016 (the "Election"), the City of Downey voters approved Measure S authorizing the levy of a half -cent sales and use tax ("Measure S"). The election Was conducted under the provision of Part 1.6 (commencing with Section 725 and Section 7285 ' 91 of Part 1.7 in Division 2 of the California Revenue and Taxation Code Measure S is codified in Downey Municipal Code (Article VI, Chapter 1 E) commencing with Section 6199.60. Pursuant to Section 6199.76 the City was obligated to establish an Independent Citizens' Oversight Advisory Committee ("the Committee") to provide an independent verification that all expenditures related to Measure S are being made for the general purposes set forth in Measure S. Measure S included a requirement that an advisory committee be created to review on a quarterly basis, the City's expenditure of revenues generated by Measure S. To that end, on June 28, 2016, the City Council adopted Resolution No. 16-7657creating the "Independent Citizens' Oversight Committee" ("Committee"). 11/ The purposes of the Committee are set forth in Measure S and these Bylaws are specifically made subject to the applicable provisions of Measure S as to the duties and rights of the Committee. The Committee shall be subject to the Ralph M. Brown Public Meetings Act of the State of California ( California Government Code Sections 54950) and shall conduct its meetings in accordance with the provisions thereof, including but not limited to only discussing items during a meeting properly agendized on the notice of any meeting. The City shall provide necessary administrative support to the Committee as shall be consistent with the Committee's purposes, as set forth in Measure S. The proceeds of the Measure S tax are hereinafter referred to as "Measure S Revenue". The Committee shall confine itself specifically to its obligation under Measure S. All monies from other sources shall fall outside the scope of the Committee's review. To carry out its stated purposes, the Committee shall perform the duties set forth in Section 3.1 and 3.2. City of Downey Independent Citizens' Oversight Committee By Laws 3.1 Examine The Committee shall review appropriate expenditure reports produced by the City to ensure that Measure S revenues were expended for the stated operational programs and Measure S related capital improvement projects approved by the City Council. b) Comprehensive Annual Financial Report ( CAFR) Review the report of the independent auditor who shall review and audit expenditure of Measure S funds to disclose how the revenue was utilized to ensure compliance with the expenditure plans. 121 The Committee shall serve in an oversight capacity to meet on a quarterly basis and review revenues and expenditures and provide independent verification that all expenditures are being made per Measure S stated programs. The semi-annual findings and report of the Committee shall be reviewed by the City Council at a publicly noticed meeting of the City Council and made available to the public. c) Communications to PublM The Committee shall inform the public concerning the City's expenditures of Measure S revenues. All official communication to either the City Council or the public shall come from the Chair acting on behalf of the Committee. The Chair shall only release information that reflects the majority the findings and opinion of the majority of the Committee. 0 — — — 511vto"PL1111 — WarsKUTEMOne 1911111111 PTS111,114 M 110VIZIS INIZA 511 511111p! EYA, Mill ffi� a) Approval of contracts b) Selection of personne �1 c) Appropriations of fun d) All legal matters, and H:\CMANAGER\JOSKOUI\MEASURES\MEASURES INDEPENDENT CITIZENS OVERSIGHT COMMITTEE -BYLAWS (3) DOCX rev. 2/6/20189:30 AM City of Downey Independent Citizens' Oversight Committee By Laws 131 e) Approval of plans, specifications, schedules and budgets 3.3 Limit to Measure S Expenditures Only In recognition of the fact that the Committee is charged with overseeing the expenditure of Measure S proceeds, the City Council has not charged the Committee with responsibility for: a) Projects and programs paid with non -Measure S tax funds from the State of California or Federal Government, developer fees� redevelopment tax increment, non- Measure S related certificates of participation, non - Measure S lease/revenue bonds, sale of surplus property without bond proceeds the General Fund, Propositions A and C, Measure M , Water and Sewer funds, and grant funds shall not be within the authority of the Committee. b) The establishment of priorities and order of decisions related to expenditure of Measure S funds shall be made by the City Council and the City Manager in their sole discretion. c) The selection of professional services firms shall not be within the authority of the Committee. d) The selection of independent allditor(s) and such other persons as necessary to support the activities of the Committee. e) Approval of methods and timelines to implement the Measure S programs and projects, design parameters and details of projects shall be made by the City Council and City Manager at their sole discretion f) The approval of an annual budget for the Committee that is sufficient to carry out the activities set forth in Measure S. In order to perform the duties set forth in Section 3, the Committee may engage In the following authorized activities: a) Receive and review copies of the City's CAFR� the City Budget, periodic financial reports furnished to the Committee and the Measure S Revenue annual independent financial audit. b) Inspect City public records for which Measure S revenue has been or will be expended, in accordance with any lawful access procedures. H:\CMANAGER\JOSKCUI\MEASURE S\MEASU RESIN DEPENDENT CITIZENS OVERSIGHT COMMITTEE -BYLAWS (3),DOCX rev. 2/6/2018 9:30 AM City of Downey Independent Citizens' Oversight Committee By Laws 141 = The Committee shall consist of five (5) members appointed by the City Council from each of the five (5) Council districts. The members shall be appointed by the City Council from voters of the City, none of whom shall hold any paid office or employment of the City government. Members of the Committee shall not engage in any employment, activity, or enterprise for compensation which is inconsistenti incompatible, in conflict with, or inimical to duties as a member of the Committee or with the dons, or responsibilities of the Committee or the City. A member of the Committee shall not perform any work, service, or counsel for compensation where any part of his or her efforts will be subject to approval by any other officer, employee, board, or commission of the City. Committee members shall serve for terms which shall commence with the commencement of the Council member from whose district the member was appointed and shall end upon the end of the term of the Council member from whose district the member was appointed or upon a vacancy in that council district. The members shall serve so long as they continue to be domiciled within the district from which they were appointed during their term, and Until their respective successors are appointed and qualified, The Council shall have the authority to extend or shorten the terms of the incumbent members to implement the terms of this Section. The Council member from whose district the Committee member has been appoin e • may remove his/her appointee for any reason, including failure to attend two consecutive Committee meetings without reasonable excuse or for failure to comply with the Committee Ethics Policy. A vacancy occurring before the expiration of a term shall be filled •y appointment or t e remainder of the unexpired term. PrIsOMMM"Mm MZ= H:\CMANAGER\JOSKOUI\MEASURES\MEASURES INDEPENDENT CITIZENS OVERSIGHT COMMITTEE -BYLAWS (3),DOCX rev. 2/6/20189730 AM City of Downey Independent Citizens' Oversight Committee By Laws a) Individual members of the Committee retain t e r g t to a ress e Council, either on behalf of the Committee or as an individual. b) The Committee and its members shall have the right to request an receive copies of reports and records relating to Measure S which have been prepared for the City Council and which have become a public record. SECTION 6. Meetings of the Committee 6.1 Regular Meetings. The Committee shall meet quarterly at a date and time established by the Committee. 6.2 Location All meetings shall be held within the boundaries of the City of Downey, located in Los Angeles County, California. 151 2) All meetings shall be open to the public in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq. b) Meetings shall be conducted according to such additional procedural rules as the Committee may adopt. b) A majority of the number of Committee members shall constitute a quorum for the transaction of any business of the Committee. c) Minutes of the proceedings of the Committee and all documents received and reports issued shall be a matter of public record and be made available on the City's official website. The minutes of the meetings of the Committee shall be provided to the City Council and placed on the next available regular City Council meeting agenda for informational purposes. • The City shall provide to the Committee necessary technical and administrative assistance as follows: a) Preparation of and posting of pu lic notices as require y e rown c, ensuring that all notices to the public are provided in the same manner as notices regarding meetings of the City Council; b) Provision of a meeting room, including any necessary audio/visual equipment; C) Preparation, translation and copies of any documentary meeting materials, such H.'\CMANAGERWSKOUI\MEASURE S\MEASU RES IND EPEN DENT CITIZENS OVERSIGHT COMMITTEE -BYLAWS (3).DOCX ev, 2/6/2018 9:30 AM City of Downey Independent Citizens' Oversight Committee By Laws 16( as agendas and reports; and d) Retention of all Committee records. e) Preparing the minutes for each Committee meeting for the Committee's approval and providing public access to such records on an Internet website maintained by the City. City staff and/or City consultants shall attend Committee proceedings in order to report on the status of activities and projects and the expenditure of Measure S revenues 0 In addition to the Annual Report required in Section 3.4, the Committee may report to the Council from time to time in order to advise the Council on the activities of the Committee. Such report shall •- in writing and shall summarize the proceedings and activities conducted by the Committee. At its first • meeting •. the Committee, the Committee members shall organize by electing one of its members to serve as Chairperson and Vice Chairperson at the • of the Committee. The City Manager may designate a secretary to t e omm ftee w o nee no e a member of the Committee, and who shall keep a record of its proceedings and transactions. The Commission may prescribe its own rules and regulations, which shall be consistent with the City's Charter and shall be subject to the approval of the City Council. Copies of such rules shall be kept on file in the office of the City Clerk where they shall be available for public inspection. mtt Any amendment to these Bylaws shall be approved • a majority vote • the • subject to the approval of the City Council, I The Committee shall automatically terminate and disband concurrently with the 'the expenditure of all Measure S monies. H:\CMANAGER\JOSKOUI\MEASURE S\MEASU RES INDEPENDENT CITIZENS OVERSIGHT COMMITTEE -BYLAWS (3)vDOCX rev. 2/6/2019 9:30 AM City of Downey Independent Citizens'Oversight Committee By Laws :%I 1Mt110f4:L*J 11 LW&1-11 r-11% 1:4 if 1:111 lim This Ethics Policy Statement provides general guidelines for Committee mem•ers in carrying out their responsibilities. Not all ethical issues that Committee members face are covered in this Statement. However, this Statement captures some of the critical areas that help define ethical and professional conduct for Committee members. The provisions of this Statement were developed from existing laws, rules, policies and procedures as well as from concepts that de ine genera y accepte goo usiness practices. Committee members are expected to strictly adhere to the provisions of this Ethics Policy. Wwwo 17/ CONFLICT OF INTEREST ' A Committee member shall not make or influence a City Council decision related to: (1) any activities or contracts funded by Measure S proceeds, or (2) any programs, policies or projects which will benefit the Committee member's outside employment, business, or a personal finance or benefit an immediate family member, such as a spouse, child or parent. OUTSIDE EMPLOYMENT. A Committee member shall not use his or her authority ov a particular matter to negotiate future employment with any person or organization tha relates to: * any contract funded by bond proceeds, or is any construction project. I Je ILA liffli I construction project involving the interest of a person with whom the member has an agreement concerning current or future employment, or remuneration of any kind. For a period of two (2) years after leaving the Committee, a former Committee member may not represent any person or organization for compensation in connection with any matter pending before the City Council that, as a Committee member, he or she participated in personally and substantially. Specifically, for a period of two (2) years after leaving the Committee, a former Committee member and the companies and businesses for which the member works shall be prohibited from contracting with the City with respect to proposals, applications or bids on projects, programs, activities or p 'tions funded by the Meas re S. osi u COMMITMENT TO UPHOLD LAW. A Committee member shall uphold the federal and California Constitutions, the laws and regulations of the United States and the State of California and all other applicable government entities, and the policies, procedures, rules and regulations of the City of Downey. COMMITMENT TO CITY. A Committee member shall place the interests of the City above any personal or business interest of the member.