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HomeMy WebLinkAboutResolution No. 18-7778-Approving Bylaws for Independent Citizens' Oversight CommiteeA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING BYLAWS FOR THE INDEPENDENT CITIZENS' OVERSIGHT 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 DONEY 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 13thday of Fruary, 2018. 1 (ya SEAN ASHTON, Mayor ATTEST: ABI ALICIA DUAR E, CIVIC 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 130} day of February, 2018 by the following vote, to wit: AYES: Council Members: Pacheco, Rodriguez, Saab, Vasquez, Mayor Ashton NOES: Council Member: None. ABSENT: Council Member: None. ABSTAIN- Council Member: None. AR ALICIA DuA TEe MC City Clerk ION.- . Committee Duties To carryout its stated purposes, the Committee shall perform the duties set forth in Section 3.1 and 3.2. H:\CMANAGER\IOSKOUI\MEASURE S\MEASURES INDEPENDENT CITIZENS OVERSIGHT C0MMITTEE • BYLAWS (3).D0CX rev. 2j6j2018 9:30 AM City of Downey Independent Citizens'Oversight Committee By Laws 121 3.1 Examine 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. one= 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. 1111RE11111•2111511•i 1 115] iiiiii�iiiiiiiiiill�iiiiinto.707.-T&=- 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. I roff U-M -71 A 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 Public 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. M�M 0 WareffiliMLOng wintur-a3m irallorany-1110 R 11 FIRM Lei ING1,11:13 411rMS Lei I M101 I wes �_* a) Approval of contracts b) Selection of personn c) Appropriations of fun I d) All legal matters, an d H;\CMANAGER\JOSKOUI\MEASURE SWEASURE S INDEPENDENT CITIZENS OVERSIGHT COMMITTEE -BYLAWS (3),DOCX rev. 2/6/20189:30 AM City of Downey Independent Citizens' Oversight Committee By Laws 131 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 auditor(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: 2) 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\JOSKOUI\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 '101-01MLIOU The Committee shall consist of five (5) members appointed by the City Council from tach 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. 160= 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 appointed, 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 by appointment for the remainder of the unexpired term. H:\CMANAGER\JOSKOUI\MEASURE S\MEASU RES INDEPENDENT CITIZENS OVERSIGHT COMMITTEE -BYLAWS (3),DOCX rev. 2/6/20189:30 AM City of Downey Independent Citizens' Oversight Committee By Laws 9 9 111111111 1 11 1• Lzilzz= a) Individual members of the Committee retain the right to address the Council, either on behalf of the Committee or as an individual. b) The Committee and its members shall have the right to request and 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. l�ill4�•; ill�illill r 11 1 lii��Illiiiv;11��Ilii 4� � i i I ''I, I 11� 11: 1 . •a "-$ff=r,,MWMRM= I- r.T =-. All meetings shall be held within the boundaries of the City of Downey, located in L Angeles County, California. I 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 anV placed on the next available regular City Council meeting agenda for informational purposes. [41] k, uuoa •X TnZ-�,WTgRMrp7U,M=ffLr-CZ7nTnML3e necessary re—cro-S-ROM =FF follows: a) Preparation of and posting of public notices as required by the Brown Act, 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:\CMANAGER�J05KOUDMEASURE S\MEASURE 5 INDEPENDENT CITIZENS OVERSIGHT COMMITTEE - BYLAWS (3).DOCX rev, 2/6/2018 9:30 AM City of Downey Independent Citizens' Oversight Committee By Laws U 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. I 11111� 711�111 In addon to the Annual Report required in Section 3.4, the Committee may report fel the Council from time to time in order to advise the Council on the activities of the Committee. Such report shall be in writing and shall summarize the proceedings an activities conducted by the Committee. I Is] At its first official meeting of the Committee, the Committee members shall organize by electing one of its members to serve as Chairperson and Vice Chairperson at the pleasure of the Committee. The City Manager may designate a secretary to the Committee who need not be 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. Any amendment to these Bylaws shall be approved by a majority vote of the Committee subject to the approval of the City Council. ILYUMM-ftlee's SIGM1551(in M frie firlai Nrinlai mupuit 'the expenditure of all Measure S monies. H:\CMANAGER\JOSKOUI\MEASURE S\MEASU RES INDEPENDENT CITIZENS OVERSIGHT COMMITTEE -BYLAWS (3),DOCX rev, 2/6/2018 9:30 AM City of Downey Independent Citizens'Oversight Committee By Laws H This Ethics Policy Statement provides general guidelines for Committee members 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 define generally accepted good business practices. Committee members are expected to strictly adhere to the provisions of this Ethics Policy. US-111111MA 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 immediatc family member, such as a spouse, child or parent. OUTSIDE EMPLOYMENT. A Committee member shall not use his or her authority over a particular matter to negotiate future employment with any person or organization that relates to: • any contract funded by bond proceeds, or • any construction project. r A11,1111111111111111111191 1 �illillillillillillilliilililll:llllllllI 111 i��Rlern-M •I I I K; J11 11 e� -cit-CUPT 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 positions funded by the Measure S. 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.