Western City December 2012
The Public Trust & Ethics Issue
DECEMBER 2012 | The Monthly Magazine of the League of California Cities Blind Spots: Money, Public Service and Ethical Hazards p.8 An Unqualified Win for Qualified Immunity p.7 Cultivating Transparency in Your City p.3 www.westerncity.com You want a bank with a history of government experience. Tighter budgets and shrinking revenues are issues facing government agencies. That’s why you want a financial partner with in-depth government banking experience. Union Bank® has a team of government specialists who can show you ways to streamline your operations and reduce fraud through a suite of customized treasury management services. By engaging the experience of our subsidiary partners, they can assist you with trust and financing services. And UnionBanc Investment Services, our brokerage subsidiary, can help with your investment needs.1 For nearly 150 years, Union Bank has helped public servants like you understand the complexities of banking for the government sector. 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Terms and conditions subject to change. 1 Investments available through UnionBanc Investment Services LLC, a registered broker-dealer, investment advisor, member FINRA/SIPC, and subsidiary of Union Bank, N.A.: Are NOT insured by the FDIC or by any other federal government agency • Are NOT Bank deposits • Are NOT guaranteed by the Bank or any Bank Affiliate • Are subject to investment risks, including the possible loss of principal. CONTENTS 2 3 Calendar of League Events 8 President’s Message Cultivating Transparency In Your City When news is breaking about the abuse of public trust in another city, local elected officials are likely to be asked, “How can we be sure that something similar isn’t happening here?” City Forum Tools for Enhancing Transparency 14 7 Legal Notes Filarsky v. Delia: An Unqualified Win for Qualified Immunity By Kent J. Bullard The doctrine of qualified immunity protects government defendants from liability as long as their conduct did not violate clearly established law. The U.S. Supreme Court recently ruled on the issue of whether private contractors also enjoy qualified immunity, which has a potentially significant impact on all cities. This Month California Cities Helen Putnam Award for Excellence Santa Clarita’s Neighborhood Approach Builds Trust and Community Involvement By Eva Spiegel Cities throughout California are engaged in a variety of efforts to make local government operations as transparent as possible. The League provides local officials with a variety of resources on open government that can be readily shared with reporters, residents and others. Blind Spots: Money, Public Service and the Ethical Hazards of Self-Interest Recent media coverage of public officials’ ethical lapses raises questions about the underlying causes of such behavior. This column explores why people make poor choices and the roles that rationalizing and denial play in the decision-making process. By Bill Bogaard 6 Everyday Ethics for Local Officials 16 Job Opportunities 22 Professional Services Directory 25 On the Record How does your city engage the community in local government? Cover Photo: Yellowj/Shutterstock President Bill Bogaard Mayor Pasadena 1400 K Street Sacramento, CA 95814 (916) 658-8200 Fax (916) 658-8240 First Vice President José Cisneros Treasurer San Francisco Second Vice President Tony Ferrara Mayor Arroyo Grande Immediate Past President Michael Kasperzak Mayor Mountain View Executive Director Chris McKenzie For a complete list of the League board of directors, visit www.cacities.org/board. leaguevents Magazine Staff Editor in Chief Jude Hudson (916) 658-8234 email: firstname.lastname@example.org JANUARY 2013 Managing Editor Eva Spiegel (916) 658-8228 email: email@example.com 16 – 18 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. Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256 email: firstname.lastname@example.org 17 – 18 Administrative Assistant Anita Lopez (916) 658-8223 email: email@example.com 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. Contributors Koreen Kelleher JoAnne Speers Patrick Whitnell 18 Legal Advocacy Committee Meeting, Sacramento The committee reviews and recommends friend-of-the-court efforts on cases of significant statewide interest to California cities. Associate Editors Carol Malinowski Carolyn Walker 30 – February 1 Design Pat Davis Design Group, Inc. City Managers Department Meeting, San Francisco Geared to the unique needs of city managers, this conference covers issues affecting cities throughout California. For photo credits, see page 17. February 7–8 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 W R 0 GY 10 % IND EN E 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. 2 27 – March 1 Public Works Officers Institute, Pasadena Designed for professionals at every career level, this conference covers the latest developments in public works. 27 – March 1 Planning Commissioners Academy, Pasadena Tailored to meet the needs of planning commissioners, planning directors, planning staff and other interested officials, the academy offers sessions on the major planning and land use issues facing cities. ED US IN G P Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2012 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume LXXXVIII, No. 12. Board of Directors Meeting, Pasadena The League board reviews, discusses and takes action on a variety of issues affecting cities, including legislation, legal advocacy, education and training, and more. League of California Cities Event and registration information is available at www.cacities.org/events. For the latest information on League conferences and events, follow us on Twitter @CaCitiesLearn. For legislative and policy updates and more, follow @CaCities. Follow Western City @WesternCityMag. Join us on Facebook! www.facebook.com/westerncity www.facebook.com/LeagueofCaCities www.cacities.org President’s Message by Bill Bogaard Cultivating Transparency In Your City One of the tough challenges for local elected officials is responding to questions about news coverage of scan- Posting Public Information: Proactive and Pre-emptive dals and unethical actions by public servants in other A number of cities and local agencies post a broad spectrum of public information online, including: communities. If one community encounters a problem, • How the decision-making process functions; it can reflect badly on all. When news is breaking about • Meeting notices and agendas; the abuse of public trust in another city, local elected • An explanation of how a member of the public can participate in meetings; officials are likely to be asked, “How can we be sure that something similar isn’t happening here?” P erhaps the best answer to that question is to be able to say, “We do things differently in our city. We have an ongoing effort to make our operations as open and transparent as possible.” Then explain the steps your city has taken to do so. These may include sharing a wide range of information online, promoting public service ethics, improving public involvement in decision-making processes, and more. • Current-year budget and explanatory information; • Comprehensive financial reports and audits; • Salary and compensation information; • Job descriptions; • Information about contracts and purchasing; • Financial policies; and • Contact information for staff who can answer questions about any of the posted items and provide additional information. continued www.westerncity.com Western City, December 2012 3 Cultivating Transparency in Your City, continued It may seem daunting to make such information readily available. While it is true that such disclosure carries with it an element of risk, it’s worthwhile to examine that risk objectively. People may misunderstand or misuse the information — perhaps by taking it out of context or deliberately misconstruing what’s presented as part of an effort to discredit the city or its public officials. However, such risks are outweighed by the benefits of assuring your residents that the city has nothing to hide. Proactively sharing a broad range of information can also reduce the costs associated with responding to requests for public records. Conducting an analysis of the most frequent types of public records requests your city receives can be helpful in this regard. Posting the most commonly requested kinds of information online can reduce the staff time associated with responding and streamline the process for the person seeking it. It’s important to consider not only what types of information to post online, but also how to organize it and what kind of language to use in presenting it. This topic is explored in detail in a recent Western City article, “Local Agency Opportunities for Website Transparency,” available at www.westerncity.com. The article is also linked to a handy checklist of information that agencies may wish to consider posting online. In addition to making information available online, what else can cities do to foster a culture of transparency and openness? Decision-Making in the Public’s Interest • Giving residents ongoing opportunities to become involved; Another strategy is to demonstrate, by both actions and words, one’s commitment to making decisions based on what best serves the public’s interest. • Learning from the experience; The authors of the book Blind Spots: Why We Fail to Do What’s Right and What to Do About It argue that we have fallen out of the habit of having the first question in any difficult situation be “What’s the right thing to do?” The law can provide some guidance, but it’s important to keep in mind that the law sets only minimum standards. Satisfying the law’s requirements tends to protect one from doing the wrong thing — but won’t necessarily achieve the right resolution of a dilemma. The “right thing” means what best serves the public’s interest. Reasonable people can disagree in any given situation on what best promotes the public’s interest, but decision-makers’ personal financial gain or other self-interest cannot be part of the analysis. Even the perception — fair or not — that a decision was based on self-interest is very damaging to the public’s trust and confidence in decisionmakers and in government overall. Involving the Public in Decision-Making Another way to promote a culture of trust and transparency is by engaging the public in the decision-making process, thus fostering an active and involved community. This involves several elements: • Informing the community so people have the capacity for and interest in participating in the process; 4 League of California Cities • Refining these approaches; and • Making these practices an inherent part of how the city conducts business. Helpful tools in such an effort include citizen academies and partnerships with groups such as community-based organizations, local congregations and business groups. Conducting outreach through local ethnic media and informal communication channels, such as social media, can also support a city’s endeavors to involve a broad cross section of residents in the decision-making processes that affect the community’s quality of life. The more a community is involved in its local government decision-making, the greater the likelihood that people will understand the process and, in doing so, increase their confidence in the process and their elected officials. The issue of engaging the community is presented in depth in the article “Transparency in Local Government: Protecting Your Community Against Corruption,” available at www.westerncity.com. There Is No Silver Bullet, But the League Provides Helpful Tools Unfortunately there is no silver bullet to prevent corruption or poor decisionmaking. However, the League does offer a number of helpful tools for cities that are working to improve transparency. The www.cacities.org A number of cities and local agencies post a broad spectrum of public information online. Resources to Help Local Officials Promote Transparency The Institute for Local Government (ILG) offers a wide range of re- “Open Government” page on the League website (www.cacities.org/Resources/ Open-Government) provides numerous resources, and the “City Forum” article on page 6 offers an overview of what you will find there. In addition, every other month Western City features the “Everyday Ethics for Local Officials” column; this month, it covers “Blind Spots: Money, Public Service and the Ethical Hazards of Self-Interest” on page 8. Creating a culture of ethics in your city doesn’t happen overnight. Cultivating transparency requires careful thought, concerted effort and ongoing commitment. But as Thomas Jefferson said, “Information is the currency of democracy.” As local elected officials, we can serve our communities most effectively when we work in an open, transparent, inclusive and straightforward manner. n sources to assist local officials’ and local agencies’ efforts to promote transparency and good government. Helping the Public Understand and Participate in Local Agency Decision-Making. ILG’s Local Government 101 materials (www. ca-ilg.org/local-government-101) make the task of explaining public agency decision-making processes less burdensome. These materials (some of which are also available in Spanish) include a variety of plain-language explanations of local agency functions and their key elements. Local agencies are encouraged to include links to these resources on their websites or adapt the content to meet local needs. Options for Enhancing Authentic and Effective Public Engagement. ILG’s Public Engagement program provides information and resources to help local officials make good decisions about designing and using public engagement in their communities. The ILG website offers best practices, strategies to broaden public participation and experiences of communities throughout the state (www.ca-ilg.org/ public-engagement). Promoting Pursuit of the Public Interest: Public Service Ethics. More Resources Online ILG provides a variety of resources for local officials, including analyses of everyday ethical dilemmas that public officials face (www.ca-ilg. org/EverydayEthics), plain-language explanations of public service For links to related resources and additional information, read the online version of this article at www.westerncity.com. www.westerncity.com ethics laws (www.ca-ilg.org/ethicsbasics) and tools for promoting public service ethics (www.ca-ilg.org/ethics-tools). Western City, December 2012 5 Tools for Enhancing by Eva Spiegel Cities throughout California are engaged in a variety of efforts to make local government operations as transparent as possible. Open government is the cornerstone of a healthy democracy. As media scrutiny has increased around issues of transparency, local officials increasingly need resources that can be readily accessed and shared with reporters, residents and other interested parties. The topic of open government encompasses several major areas, including: • Open meeting law (the Brown Act); • Open records law (the Public Records Act); • Public employee compensation; and • Ethics and decision-making. The theme of transparency runs through all of these areas. Transparency is important because making government operations clearly visible to residents is essential to their ability to understand and participate in the decision-making process that affects them. The League offers a number of practical tools and resources for city officials to make their work more effective and enhance efforts to make government more transparent. League Publications Open & Public IV: A Guide to the Ralph M. Brown Act is an essential reference for elected and appointed officials, the press and the public. This publication addresses topics such as: • Public participation in meetings; • Informal gatherings; • Public notice of meetings; • Agenda requirements; • Records and recordings; • The public’s place on the agenda; • Labor negotiations; and • Closed meetings. Another useful publication, The People’s Business: A Guide to the Public Records Act, serves the same audiences as Open & Public. It addresses in detail the requirements of the California Public Records Act, which is central to conducting government operations in a transparent and open manner. The publication provides comprehensive information about the process of public records requests and how to respond. Institute for Local Government Resources The Institute for Local Government (ILG) is the nonprofit research affiliate of the League and the California State Association of Counties. ILG offers practical, impartial and easy-to-use resources for local leaders. One of ILG’s main program areas is transparency and ethics. The ethics and transparency section of the ILG website (www.ca-ilg.org/trust) offers a wealth of material for local officials and staff on both legal and ethical issues that local officials encounter as public servants. Explaining such technical subjects in terms that are easily understood is a hallmark of ILG resources. (established by AB 1234) that covers ethics and transparency laws and principles. ILG offers such training at conferences and to local agencies. The ILG website also includes a “train the trainer” section to help local agency counsel offer this type of training. Materials include handouts, sample slides and forms. Visit www.ca-ilg.org/ethics-education-ab1234-training for more information about ILG resources in this area. In addition to the materials and training, ILG provides content for Western City, including the bimonthly “Everyday Ethics for Local Officials” column. Western City Articles Cover Open Government Western City features ongoing coverage of the subject throughout the year. In addition to the “Everyday Ethics” column, the magazine covers open government and issues related to transparency in its “Legal Notes” column and other feature articles on a regular basis. These articles are available at www.westerncity.com. An Easy Way to Access Transparency Resources You can find all of these resources at a one-stop shop on the League’s Open Government page at www.cacities.org/ opengovernment. This page provides links to publications and resources related to open meeting laws, the Public Records Act, public employee compensation, best practices, transparency laws and open government. n ILG also helps local officials comply with the biennial training requirement Eva Spiegel is director of communications for the League and can be reached at firstname.lastname@example.org. 6 League of California Cities www.cacities.org Filarsky v. Delia: An Unqualified Win for Qualified Immunity by Kent J. Bullard City and other local government officials have long been targets of lawsuits brought under Section 1983, the federal civil rights statute that allows someone whose constitutional rights have been violated by a person acting on behalf of the government to sue that person for damages. An important shield against Section 1983 lawsuits is the doctrine of qualified immunity, which protects government defendants from liability as long as their conduct did not violate clearly established law. 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. Given the prevalence of both Section 1983 actions and cities’ use of private contractors, such as attorneys, to perform government functions, the issue of whether private contractors also enjoy qualified immunity has a potentially significant impact on all cities. Before 2012, however, the U.S. Supreme Court had provided only scant — and less than encouraging — guidance on this issue. That changed in April 2012 with the Supreme Court’s decision in the Filarsky v. Delia case. The court held in Filarsky that a private attorney who was retained by a city to assist in investigating a firefighter’s potential wrongdo- ing was entitled to seek the protection of qualified immunity. This bodes well for all cities that hire contract or temporary city attorneys and other workers to perform government functions. Using Private Attorneys To Perform Government Functions “In an era of ever-increasing fiscal consciousness brought on by financial constraints, local government agencies are constantly exploring methods of continued on page 18 Kent J. Bullard is a partner with the law firm of Greines, Martin, Stein & Richland LLP and can be reached at email@example.com. www.westerncity.com Western City, December 2012 7 Blind Spots: Money, Public Service and Hazards of Self-Interest Question Recent media coverage seems to paint an inaccurate picture of the vast majority of public servants. Whether it’s taking bribes, accepting generous gifts, pension scandals or being paid for sitting on commissions that don’t do meaningful work, the picture portrays public officials on the take. In my experience these are the exceptions rather than the rule. Some people (our local district attorney, for one) claim that people get into public service for corrupt reasons — end of story. But I am familiar with some of the individuals involved in the prosecutions, and I am not sure that’s always the explanation. What’s your take on why good people make bad and self-interested decisions? How is it that they can defend their actions in the face of almost overwhelming evidence that what they did was a serious breach of their responsibilities as public officials? Answer An interesting book, Blind Spots: Why We Fail to Do What’s Right and What to Do About It, offers some insights into your question. Authors Max Bazerman and Ann Tenbrunsel present persuasive evidence, based on behavioral research, of people’s tendency to overestimate their commitment to ethical decision-making. continued on page 10 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. ILG thanks former City Manager Arne Croce for his insights on these topics. 8 League of California Cities www.cacities.org Everyday Ethics for Local Officials the Ethical www.westerncity.com Western City, December 2012 9 Blind Spots: Money, Public Service and the Ethical Hazards of Self-Interest, continued This is in part because people overlook the ethical dimension when it’s time to make a decision involving ethical issues. They remember their actions selectively. have thought it appropriate to pay themselves such generous salaries or, as in one case, feel it appropriate to sue for more money after being terminated. Some Public Sector Examples Misuse of credit cards by elected officials and staff remains a persistent topic in the news. One possible example may be the recent criminal conviction of local officials in Southern California for accepting stipends for sitting on various commissions that appeared to do little work. The elected officials were charged with misappropriating public funds when they collected stipends for meetings that didn’t occur or lasted only a few minutes. The officials’ defense attorneys have indicated that they will appeal. People have also asked how the elected officials and staff in the City of Bell could Sometimes the lapses are even more serious. This includes instances when officials take money in exchange for official actions, which of course can lead to charges of bribery and/or extortion. Apart from whether the specific facts and laws mean that these types of behavior constitute a criminal offense, how could these officials and others think that they were doing the right thing? Think About What You Should Do Instead of What You Want to Do Applying the conclusions drawn in Blind Spots, one answer may be that these officials never asked themselves or others whether enhancing their compensation in this way presented an ethical issue. Their thoughts were dominated by what they wanted to do. A focus on what one wants to do (in this case, have more money) can eclipse an analysis of what one should do. “But I Am Underpaid for All I Do For the Community.” One of the reasons people don’t ask what they should do (or if they do ask, they answer in a self-serving fashion) is the human tendency to rationalize behavior. In the prosecution for accepting the meeting stipends, one of the reported defenses was that the officials had put in many years of service to the community. Along similar lines, another elected official facing bribery charges was reported as making the perplexing observation that if she had been paid for all the volunteer work she had done over the years, she would be rich and wouldn’t be in court. One sometimes hears public employees say that they could make more money if they worked in the private sector. Certainly community and public service is demanding. It can involve a full-time commitment and many sacrifices. And often public employees could indeed make more money in the private sector or if they were compensated for all their volunteer work. Tools for Deciding What’s Right The Institute for Local Government’s publication Understanding the Basics of Public Service Ethics: Promoting Personal and Organizational Ethics offers thoughts on how to apply values-based decision-making principles to issues that arise in the context of public service and also explores the nature of an ethical dilemma. The publication is available online at www.ca-ilg.org/ppoe. Past “Everyday Ethics” columns analyze the ethical and legal aspects of specific dilemmas that public officials face. These articles are available at www.ca-ilg.org/ everydayethics. 10 League of California Cities People can make an analytical wrong turn by using these facts to justify additional forms of compensation. This can take several forms, including stipends for seemingly nominal activities, use of public resources for personal benefit, capitalizing on their positions to promote business or financial interests and accepting meals, entertainment or other forms of gifts. One of the most troubling dynamics identified in Blind Spots is evidence suggesting that individuals feel a greater license to engage in questionable behavior www.cacities.org It’s not uncommon for people to have selective memories. They remember behavior that supports a self-image of being ethical and forget actions that are inconsistent with that image. after having engaged in worthy behaviors. Given that public service is indeed a worthy behavior, it could be that officials need to be particularly careful to avoid the trap of thinking that their worthy service counterbalances any questionable benefits the official claims as a result of their public office. “But It’s Not Illegal.” Another form of rationalizing an ethical lapse is “it wasn’t against the law.” This seems to be a common response when the media asks officials to justify potentially questionable actions. In fact, media reports of the preliminary hearing on charges against former Bell City Manager Robert Rizzo quoted his defense attorney as saying, “Everybody has agreed that it’s not a crime to be paid too much.” It’s not clear that everyone has indeed agreed to that position — particularly if transparency and other procedural requirements were not observed along the way — but the defense counsel’s statement provides an insight into Rizzo’s reasoning: he didn’t think he was committing any crimes. continued www.westerncity.com Providing California Cities and Public Agencies with trusted legal advice in all of their Labor & Employment needs for over 30 years, including: Employment Law Litigation Labor Relations Public Safety Retirement Wage & Hour Management Training For more information, visit www.lcwlegal.com calpublicagencylaboremploymentblog.com| @LCWLegal Los Angeles | San Francisco | Fresno | San Diego Western City, December 2012 11 Blind Spots: Money, Public Service and the Ethical Hazards of Self-Interest, continued It is worth noting that judges and jurors sometimes are motivated in egregious cases to apply the law in such a way to achieve what they perceive as a just outcome. This can result in old laws (for example, the law about what constitutes misappropriation of public resources) being applied in new ways. Thus, when one focuses only on what one knows to be illegal and ultimately acts in what strikes the public as an immoral fashion, the law may change. This is why it is easy but unwise to use the law as a sole source of reference on what to do. In fact, saying “I broke no laws” is tantamount to admitting that one didn’t analyze whether in fact one did the right thing. The law creates a “floor” for behavior — a standard below which con- duct is subject to penalties, jail time and other sanctions. The law doesn’t define what the best course of action is in any given situation. However, legal considerations can be a dominant element of the analysis of what public officials do. Because of this, the authors of Blind Spots determined that compliance systems actually can result in more unethical decision-making. This is because having the law as a reference can absolve people from engaging in a more values-based analysis. “Nobody Told Me.” Focusing exclusively on the law contributes to another human tendency, which is to assign responsibility for transgressions Seek Professional Advice When analyzing how ethics laws apply to a given situation, it is advisable to consult an attorney or the Fair Political Practices Commission for advice on specific situations. Communications ATS Communications is a wireless consulting company serving local government agencies in California. We can help you: » Monetize your cell site revenue into a large lump sum payment » Replace sold monthly revenue by aggressively marketing your City property to the wireless carriers for new cell sites ATS does not represent any financial entities or wireless carriers. ATS only represents government agencies. ATS works for you to get the best terms and revenue for each deal. Visit http://accoc.org/100-connectivity-wireless-dvd and watch Chapter 4 and 5 to hear clients discuss ATS Communications. Since 2002, solving problems and creating value for our clients People overlook the to others. For example, attorneys in the Southern California case argued that their clients should not be criminally responsible for their actions because city attorneys and city managers never alerted them that the commission pay might be illegal. If the officials were thinking about what’s right as opposed to what’s legal, others’ alleged failures would be irrelevant. While most public agency professionals pride themselves on speaking truth to power, their failure to do so does not absolve those who choose not to engage in their own analysis. Moreover, as the case of the Bell whistle-blower indicates, staff members who decide to do the right thing often risk their jobs to do so. The prevailing environment can sometimes be one where truth-telling is neither sought nor welcome. (For more about the legal protections for whistle-blowers, visit www.ca-ilg.org/document/whom-whistleblows.) That puts public agency professionals in the position of weighing what they want to do (keep their jobs) and what they should do (put a stop to improper behaviors that undermine public trust and confidence in local officials). The authors of Blind Spots note that it is common for people not to notice others’ unethical behavior when they have a vested interest in not seeing that behavior. They call this phenomenon “motivated blindness.” In other situations, it appears that some agency professionals find themselves using their knowledge and skills to both secure their positions and curry personal favor with those who are in a position to reward and/or support them. The information reported in the press about Robert Rizzo’s actions in Bell seems to suggest this phenomenon. Either scenario represents the dynamic of putting one’s own desires ahead of what should (or should not) be happening. The Denial Dynamic (949) 544-1621 | 22642 Lambert St., Ste. 401A, Lake Forest, CA 92630 | firstname.lastname@example.org | atscomm.com 12 League of California Cities When confronted with wrongdoing, often the denial is quite emphatic. For www.cacities.org ethical dimension when it’s time to make a decision involving ethical issues. example, one defendant facing — and subsequently convicted of — bribery charges said this in response to questions on whether she would go to trial: Oh, yes, I’ve got to prove my innocence, I wouldn’t put my life savings [into legal defense] ... if I didn’t believe in my innocence. It’s [the charges] all a crock. Her appeal of her conviction is pending, and it’s of course possible that she was framed or the jury was wrong. But what if the jury was right? According to Blind Spots, it’s not uncommon for people to have selective memories — remembering behavior that supports a self-image of being ethical while forgetting actions that are inconsistent with that image. Other denial dynamics include redefining what is ethical and what is not, deflecting blame and rationalizing that “everyone does it.” What to Do • Preparing oneself to exercise additional discipline to make decisions that align more with one’s values. For agencies, the first task is to understand the processes that motivate individual employees’ decisions. What pressures do employees feel and why? What challenges do they face? What types of decisions does the organization reward? What qualities enable an individual to advance within the organization? Another indicator is what is talked about and what isn’t. This is a question to ponder for associations of local agencies and local agency officials. What signals do respected leaders within the field send about what’s important? When are these leaders and their associations silent? Do these organizations create opportunities for their members to understand blind spots and how to avoid them? Or are there ways that these organizations may reinforce blind spots? For those who care about the public’s trust and confidence in local agency institutions, these are all wise questions to ask. n The authors of Blind Spots note that ethics codes and other forms of regulations are imperfect tools for achieving better behavior. In part, this is because such devices reflect only the “tip of the organization’s ‘ethical infrastructure.’” Moreover, research suggests that rules can make the situation worse because the compliance system took the ethical element out of the analysis for most people. In addition, psychologists have found that people’s tendency to rebel against constraints on their freedoms causes them to try to outsmart the constraints. Instead, the authors of Blind Spots argue that the task is to promote a decisionmaking framework that highlights the ethical dimensions of a decision or action. For individuals, this involves more of a deliberate focus on and analysis of what should happen in a given situation. They also recommend: • Thinking in advance about how one’s “wants” may interfere with one’s motivation to make the right decision; and www.westerncity.com Looking for Footnotes? A fully footnoted version of this article is available online at www.westerncity.com. Specialized insurance solutions for California public agencies. Employee Benefits Division provides: • Employee Benefits & Wellness Consulting Services • Retiree Cost Containment Solutions • GASB 43 & 45 Consulting Services & Funding Solutions • Custom Ancillary Purchasing Programs • Electronic Benefit Administration & Communication • Early Retirement Incentives • Part-time Employees Alternatives to Social Security Property & Casualty Division provides: • Workers’ Compensation Cost Reduction Strategies & Claims Administration • Property & Liability Program Solutions • Safety/Loss Prevention/Compliance Innovative Solutions. Enduring Principles. 2355 Crenshaw Blvd., #200 Torrance, CA 90501 800.654.8102 License #0451271 www.keenan.com/pa Western City, December 2012 13 Santa Claritaâ€™s Neighborhood Approach Builds Trust and Community Involvement The City of Santa Clarita (pop. 180,000) launched a partnership with the community to proactively address crime, gangs, graffiti, blight and quality-of-life issues in the neighborhood known as East Newhall. Densely populated with almost 1,500 residents living in a 24-block radius, the neighborhood is home to many lowincome Hispanic immigrant families. Most of these residents do not speak English and are often fearful of local government and law enforcement personnel. The City of Santa Clarita won the Award for Excellence in the Enhancing Public Trust, Ethics and Community Involvement category of the 2012 Helen Putnam Award for Excellence. For more about the award program, visit www.HelenPutnam.org. 14 League of California Cities www.cacities.org Teens join in fun after-school activities at the Newhall Community Center, volunteers plant trees in East Newhall and more than 250 members of the community participate in Community Pride Day — all part of Santa Clarita’s successful efforts to transform a neighborhood. left to right civic leaders, foster understanding among neighbors, build bridges between residents and team members and cultivate trust. S anta Clarita set out in 2010 to develop a collaborative, hands-on approach to building community trust, enhancing public safety, increasing resident involvement and bridging cultural divides in East Newhall. Building Solutions Through Collaboration The city began by establishing a monthly meeting at the local community center, where Spanish-speaking residents could share concerns and get to know city staff. A Neighborhood Services Team composed of law enforcement and city staff played a vital role in the effort to connect with the community. The team members met one-on-one with residents on a regular basis to follow up on concerns expressed during the monthly meetings. Representatives from other city divisions, along with local service agency representatives, also helped as needed. The team collaborated with residents to develop local www.westerncity.com The Neighborhood Services Team also worked with residents to address gang activity and public safety concerns. Using valuable community input, the team created a map showing where gang members lived and congregated. This information was shared with the Sheriff ’s Department Gang Unit, resulting in surveillance and arrests. As the city and law enforcement focused on reducing gang activity in the area, the Newhall Community Center stepped up its efforts to keep youth off the streets by offering additional free after-school programs, including homework help, music, boxing, dance, cheerleading, arts and crafts and field trips. These efforts laid the foundation for transforming the neighborhood and empowering residents to effect positive change. Neighborhood Improvements and Decreased Crime Santa Clarita’s Neighborhood Services Team and outreach program produced significant results. By taking action on public safety issues and enhancing youth programs in East Newhall, the team gained credibility and created momentum for support. Crimes including homicide, robbery and grand theft decreased 34 percent in 2011, while vandalism, narcotics offenses and weapons charges decreased by nearly 20 percent. East Newhall also saw other changes related to the quality of life. For example, more than 80 percent of residents who received citations for code violations came into compliance, compared with earlier attempts that achieved less than 40 percent compliance. Before and after photos of the properties where code enforcement resulted in improvements reflect a renewed pride of ownership. In a relatively short time East Newhall was transformed with freshly painted houses and new landscaping. Residents removed debris and disabled vehicles, which were a common sight on many blocks. The area has become more vibrant and attractive. Santa Clarita hosted its fifth annual Community Pride Day in East Newhall in April 2011 with a 50 percent increase in attendance. More than 250 volunteers participated in various neighborhood beautification projects. For the first time continued on page 22 Western City, December 2012 15 J O Director of Community Development CITY OF FULLERTON, CA Salary control point: $161,431 The Director is responsible for all activities of the Community Development Department, including development/ environmental review, planning, building and safety, code enforcement, housing and community development. Qualification Guidelines: A BS/BA in Urban Planning or a related field; a graduate degree is desirable as is eight years relevant experience, including three years at the mid-management/ supervisory level. B O P P O R T U N I T I E S Display Advertising Call Pam Maxwell-Blodgett at (800) 2621801 to place a display (boxed) ad or for rate and deadline information, or email email@example.com. Website Job Postings Display ads are posted on our website at no additional charge. But if you miss the deadline for getting your job opportunity ad into the magazine, you can post it on the Western City website right away. To post your job opportunity ad on our automated website, visit www.western city.com or contact Anita Lopez, administrative assistant; email: alopez@ cacities.org; phone: (916) 658-8223. Did You Miss the November Issue? Read it online at www.westerncity.com Interim Staffing for All City Departments! Application packet available at www. cityoffullerton.com or 714-738-6361. Filing Deadline January 3, 2013. EOE We are passionate about local government and recruiting talented professionals with an affinity for public service! n n n City of Artesia Artesia is located in Los Angeles County, adjacent to the 605 and 91 Freeways. The City has a population of approximately 17,000 in 2 square miles and its 24 full-time employees are responsible for administration, community development, public works, finance and parks/recreation. Police and Fire services provided by Los Angeles County. City Manager candidates are expected to have extensive experience in economic development and financial management. A Bachelor’s degree is required (Masters preferred) along with a minimum of 5 years’ experience. Salary and benefits are DOQ. Send resumes to firstname.lastname@example.org by 5:00 p.m. on 1/28/2013. For information call 714-837-7502. 16 League of California Cities We provide City Managers, Dept. Heads & Clerical Staff Finance & Accounting Staff for Year-End Closing MuniTemps provides experienced City workers at lower rates than our competitors Call Us Toll Free 1-866-406-MUNI (6864) www.munitemps.com Serving all Cities in California! MuniTemps will Save Your City Money! www.bobmurrayassoc.com Watch for these Upcoming Opportunities: • Roseville, CA Environmental Utilities Director • San Diego, CA Assistant Director of Public Utilities • University of Oregon, OR Police Chief • Clark County, NV Chief Information Officer • Monterey County Sheriff’s Department, CA Chief Deputy Sheriff for the Custody Operations Bureau • El Monte, CA: City Manager • Concord, CA: City Manager For more information and filing deadlines, please contact: Bob Murray and Associates, 1677 Eureka Road, Suite 202, Roseville, CA 95661 Phone: (916) 784-9080, Fax: (916) 784-1985, E-mail: email@example.com www.cacities.org J O B O P P O R T U N I Deputy Finance Director City of Anaheim, CA Serving a permanent population of 341,000 and over 20 million visitors each year, Anaheim enjoys a diverse economic base in the heart of Orange County. At the center of Southern California’s industry, tourism, professional sports, and convention activities, the City of Anaheim has a FY2012-2013 budget of $1.4 billion. Reporting to the Director, the Deputy Finance Director will help oversee the activities in the Department which is currently supported by 30 staff. The ideal candidate will be a highly customer oriented hands-on manager who has a history of serving as a solutions driven business partner to departments and staff. He/she will also be an excellent communicator and an adept manager of change. Eight years of increasingly responsible local government finance, budgeting, and/or accounting experience including two years of supervisory or administrative responsibility in a comparable setting along with a Bachelor’s degree are required. The equivalent combination of experience and education will also be considered qualifying. T I E S Stockton East Water District GENERAL MANAGER $125,871-$152,988 base annual salary plus excellent benefits The salary range is $118,912 - $163,504 and is supplemented by a competitive benefits package that includes membership in the California Public Employees’ Retirement System. This recruitment will close at midnight on Sunday, December 16, 2012. For detailed brochure and to apply online, visit www.tbcrecruiting.com. Teri Black-Brann • 310.377.2612 Carolyn Seeley • 949.487.7606 Chief Information Officer, Clark County, NV Clark County, population 2 million, is the nation’s 15th- largest County and is a wonderfully diverse place, home to the world-famous Las Vegas Strip. The County is seeking a Chief Information Officer (CIO) with a comprehensive background in information systems. The ideal candidate will ensure that the most current and cost effective information technology is available for use on a County-wide basis. A leader in the IT field with strong management and communication skills is desired. The ideal candidate will interact with Department Heads, stakeholders, and staff. The selected individual will implement goals, objectives, policies and procedures for IT projects on a County-wide basis. An individual with a strong budget management and preparation background will excel in this position. The incoming CIO will provide administration of the County’s annual strategic information systems plan, which includes capital planning, systems development and provisioning, technical and communication services delivery, cyber security approach, datacenter and network operations and customer support activities. Knowledge of systems development methodologies and their application in a large public agency setting is essential for the selected candidate to succeed. The positions requires a Bachelor’s Degree in Computer Science, Business or Public Administration, or a related field and six (6) years of senior level management experience in information systems development and operations. A Master’s Degree is desirable. The salary for the Chief Information Officer ranges from $104,208-$161,553 annually and is based upon qualifications. The County also 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 at (916) 784-9080 should you have any questions. Brochure available. Closing date December 31, 2012. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com SEWD is a water conservation district authorized by the California Legislature to secure supplemental surface water sources to provide a sustainable water supply for agricultural and urban users, and residents that rely on the San Joaquin County Sub-Basin of the San Joaquin Valley Groundwater Basin. Per policy direction of an elected Board of Directors, this position is responsible for the total operation of the District. The ideal candidate will be a collaborative leader with the ability to help guide the District with best practices in the water industry. Requires a BA/BS degree with major in business, engineering, public administration, finance or related field; a Master’s degree, a PE license, and Grade IV WTPO certificate are desirable, but not required; significant, progressively responsible experience in a water, wastewater, or similar private or public entity, including at least 2 years experience reporting to an entity owner or governing board. Photo/art credits Cover: Yellowj/Shutterstock Page 3: Markjb/Shutterstock Pages 4, 5: Vladitto/Shutterstock Page 5 sidebar: Steve Baker/Shutterstock Page 6 sun: Vlad09/Shutterstock Page 6 background: MaxPhotographer/ Shutterstock Page 7 top: Fstockfoto/Shutterstock Page 7 bottom: Gary Blakeley/Shutterstock www.westerncity.com Page 10: Mincemeat/Shutterstock Page 11: Andrzej80/Shutterstock Page 13: Pi-Lens/Shutterstock Pages 14, 15: Courtesy City of Santa Clarita and League of California Cities Page 18: Rob Byron/Shutterstock Page 20: Pilar Echevarria/Shutterstock Page 25: Jude Hudson Submit cover letter, resume, current salary, and five work-related references to: Bronda Silva at firstname.lastname@example.org or 7095 Murdock Way, Carmichael, CA 95608, (916) 752-7088. The job brochure is available on-line at http://sewd.net/employmentopportunities.htm Western City, December 2012 17 Filarsky v. Delia: An Unqualified Win for Qualified Immunity, continued from page 7 continuing to provide public services at their traditional level yet, at the same time, reducing if not stabilizing service costs.” This observation, made almost 30 years ago by Philip D. Kahn in Privatizing Municipal Legal Services, remains apt in the challenging financial circum- J O B O P P O stances most local government agencies face today. One tool that cities have used to continue providing services in a costeffective and fiscally responsible manner is municipal outsourcing. Indeed, hundreds of cities in California contract out the position of city attorney to a private attorney or law firm. R T U N I T I E S City Manager, City of Marina, CA The City of Marina, CA (population 20,000) is located on the Monterey Peninsula along the Central California coast, minutes away from the world-renowned Monterey Bay Aquarium. The City of Marina is now seeking a new City Manager to oversee a staff of 92 full-time employees and a FY 2012/2013 expenditure budget of $17 million. The new City Manager should be able to evaluate the organization’s structure and staff to ensure alignment with the vision and mission of the City Council. The ideal candidate for City Manager will be a skilled leader capable of earning the trust and respect of the Council, staff, and community and will possess the ability to evaluate the best balance between the use of staff and consultants to achieve the most effective use of the City’s resources. Strong candidates will likely have experience as a City Manager, Assistant City Manager, or Department Head. Candidates should possess a Bachelor’s Degree in Public Administration, Business Administration, or a related field; a master’s degree is desirable. The salary for the City Manager is open and 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 December 14, 2012. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com Public Works Director/City Engineer (An at-will position) City of Carson, California Salary: $10,785 - $13,763/month Plus superior benefits Final Filing Date is Thursday, 1/24/13, by 6:00 p.m. A completed original City of Carson employ ment application is required. For additional infor mation regarding this excellent career opportunity, please call City of Carson Human Resources @ 310.952.1736 MondayThursday, 7:00 a.m. – 6:00 p.m. 18 Under general direction of the City Manager, plans, directs, and oversees a broad range of City Engineering, public works maintenance services, including, but not limited to, engineering, landscape and building maintenance, and public works (streets, trees, concrete and equipment maintenance). This position also serves as the City Engineer and responsible for overseeing and directing the design, construction, operation, and maintenance of the City’s infrastructure system as well as the processing of entitlements for all private development. QUALIFICATION: Bachelor’s degree in public administration, business administration and/or engineering and seven years of full time senior management experience in an operations department in a government agency including at least two years of experience managing a professional engineering department. A valid California Land Surveyor registration and master’s degree in a related field is preferred. Possession of a valid certificate of Registration as a Professional Civil Engineer to practice in the State of California is required. League of California Cities In addition to the financial considerations that drive outsourcing, cities long have retained private attorneys on a temporary basis for a variety of reasons, including: • Limitations on in-house staff resources and time. Many smaller cities simply lack the legal staff to complete all needed tasks given the complex and ever-changing legal environment for public agencies, and even larger cities may lack sufficient legal staff for especially large tasks; • The need to secure specialized expertise that in-house attorneys for a city, whether small or large, may need for a particular matter or a limited time; and • The need to avoid actual or potential conflicts of interest and to secure independent legal opinions. A city’s use of a private attorney with specialized experience in personnel matters and with particular expertise in conducting internal affairs investigations became the subject of the Filarsky case. Background on the Filarsky Case In Filarsky, the Ninth Circuit Court of Appeals had earlier concluded that the firefighter’s Fourth Amendment right www.cacities.org The Supreme Court’s opinion allowing qualified immunity should prevent rate increases and ensure a better pool of available workers. against an unreasonable search was violated during the internal affairs investigation. Recognizing, however, that the investigating conduct violated no clearly established law, the Ninth Circuit granted qualified immunity to all the individuals involved in conducting the investigation — except the private attorney retained to assist the city. The Ninth Circuit denied qualified immunity to him solely because he was not a permanent, full-time city employee. But the case did not end there. Aided by a lone friend-of-the-court brief from the League and the California State Association of Counties, the private attorney convinced the U.S. Supreme Court to hear his case. The Supreme Court’s Opinion Unanimously reversing the Ninth Circuit, the Supreme Court issued a decision that was very favorable for cities. Writing for the court, Chief Justice Roberts found no justification for distinguishing between government employees and private individuals temporarily retained by the government to carry out its work. The court first explained that when the civil rights laws were enacted in the 19th century, government was much smaller and the common law did not distinguish between public servants and private individuals engaged in public service for purposes of lawsuits stemming from carrying out government responsibilities. Even more important, the court concluded that the public policies underlying www.westerncity.com qualified immunity strongly favor immunity for private contractors performing government services. Affording immunity would: • Avoid “unwarranted timidity” in carrying out the public’s business; in Filarsky, the plaintiff ’s attorney had expressly J O B O P P O threatened suit against everyone involved in the investigation; • Make it less likely that the “most talented candidates will decline public engagements”; continued R T U N I T I E S Administrative Services Director/Director of Finance City of Dublin, CA Located in the Tri-Valley region of Alameda County, the growing City of Dublin (pop. 46,673) is located just 35 miles southeast of San Francisco. Incorporated in 1982, Dublin is a contract city supported by 85 full-time employees and a total FY2012-13 budget of $81.8 million. The Administrative Services Department encompasses the Finance, Budget and Information Systems Divisions. Department activities are supported by 11.5 FTE. A working Director, the ideal candidate will be a self-directed, empowering and supportive manager of people. He/she will be an innovative and proactive problem solver capable of anticipating challenges and opportunities, thereby protecting the City’s best interests. A proven history of producing accurate and reliable work products will be expected. Six years of experience in municipal finance management or municipal administration, including at least three years of serving in a supervisory capacity, along with a Bachelor’s degree are required. A Master’s degree is preferred. The salary range is $148,056 - $185,076 and is supplemented by a highly competitive benefits package that includes 2.7% @ 55 CalPERS retirement. This recruitment will close at midnight on Monday, January 21, 2012. For detailed brochure and to apply online, visit www.tbcrecruiting.com. Teri Black-Brann • 310.377.2612 Carolyn Seeley • 949.487.7606 Human Resources Director, City of Napa, CA The City of Napa, California is located 50 miles northeast of San Francisco in the beautiful Napa Valley and is now seeking a Human Resources Director. The Human Resources Department has a full-time staff of 6, including a Charter-mandated Personnel Director/ Civil Service Manager, and a FY2012/2013 budget of $1,063,000. The City of Napa is seeking a candidate who understands and has experience with structural change, as well as someone who demonstrates that responsive customer service to operating departments is of the utmost importance. The HR Director must be an individual who understands the need to closely coordinate services with the Personnel Director/ Civil Service Manager. Candidates must possess five years of progressively responsible, professional-level human resources administration experience within a civil service or merit system (or a similar environment) with at least two years of labor/ employee relations experience. Candidates must also possess a bachelor’s degree from an accredited university with major study in personnel administration, public administration, psychology, or a closely related field. The salary for this position ranges up to $143,508, DOQ. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Bob Murray or Di Smith at (916) 784-9080 should you have any questions. Brochure available. Closing date December 14, 2012. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com Western City, December 2012 19 Filarsky v. Delia: An Unqualified Win for Qualified Immunity, continued • Prevent private individuals from being “left holding the bag” for actions taken in conjunction with government employees who enjoy immunity; and • Prevent government employees who enjoy immunity from nevertheless becoming embroiled in ongoing litiga- J O B O P P O tion against the private contractor, for example, by being required to testify. The court also wanted to eliminate difficult problems of drawing distinctions that might ensue if immunity depended on whether an individual was categorized as a private contractor versus a government employee. R T U N I T I E S Police Chief, City of Casa Grande, AZ The City of Casa Grande, AZ (year-round population 51,000) is a dynamic and involved community located midway between Phoenix and Tucson. Casa Grande is now seeking a Police Chief to oversee a Department of 119 sworn and civilian personnel and a FY 2012/2013 operating budget of $10.69 million. As the community and the Department have grown dramatically, the new Chief will be expected to examine current resource allocation and work assignments within the Department. The new Chief must be familiar with and experienced in the use of CompSTAT, as well as able to model effective usage for Department personnel. Candidates for the position of Police Chief must possess a Bachelor’s Degree in Criminal Justice, Public Administration, or a related field; a master’s degree is desirable. Candidates should also possess experience at the command level in a municipal agency. The selected candidate will be expected to obtain relevant Arizona POST certification. The salary range for this position is $102,739$141,481; 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 January 9, 2013. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com Finance Director, City of Cotati, CA The City of Cotati (population 7,500) is surrounded by beautiful vistas of hills, vineyards, majestic oaks and red woods. The City is currently seeking a Finance Director who is a highly qualified and enthusiastic person. The ideal candidate will have exceptional communication skills and a strong desire to provide superior services to both internal and external customers. The City values professionalism, responsiveness, accessibility to the public, a customer-service orientation, transparency and innovation. They take a team-oriented, collaborative approach to how they do business. The position requires a Bachelor’s degree in public administration, business administration or a related field, along with five (5) years experience in financial management, including at least two years in a management to supervisory capacity. The salary range for the incoming Finance Director is $7,961-$9,677 monthly and is dependent upon qualifications. The City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Bob Murray or Ms. Di Smith at (916) 784-9080 should you have any questions. Brochure available. Closing date January 7, 2013. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com 20 League of California Cities Looking for Footnotes? A fully footnoted version of this article is available online at www.westerncity.com. Significantly, the court very narrowly construed and distinguished its two prior precedents denying qualified immunity for “private” individuals as being limited to their particular circumstances and inapplicable to the “typical case of an individual hired by the government to assist in carrying out its work.” The court also pointed out that the availability of qualified immunity should not depend on a city’s size or resources and whether it has a staff of full-time public employees to conduct its business or instead “must rely on the occasional services of private individuals.” As the opinion states: “There is no reason [the City of ] Rialto’s internal affairs investigator should be denied the qualified immunity enjoyed by the ones who work for [the City of ] New York.” How Filarsky Benefits Cities The court’s opinion in the Filarsky case validates the reasons that cities have long retained private attorneys to perform government services — specifically, limited resources and the need for specialized expertise. Going forward and on a broader basis, the Supreme Court’s opinion avoids the pitfalls threatened by denying quali- www.cacities.org fied immunity in Section 1983 cases to all private individuals hired to perform government services. The court’s unwillingness to allow private attorneys to be “left holding the bag” significantly benefits not only private attorneys but also the cities that employ them. In a previous decision involving employees of a privately run prison facility, the court had disallowed immunity partially because indemnity and insurance could be used to prevent increasing costs. But if private attorneys could not avail themselves of qualified immunity, then insurance and indemnity costs would increase and ultimately be borne by the government entities that retain them — through paying higher rates to cover those additional costs. As Justice Scalia dissented in that prior case, there is no free lunch: “[A]s civil-rights claims increase, the cost of civil-rights insurance increases.” Moreover, to avoid the risk of expensive and burdensome lawsuits, some talented private attorneys may have ceased providing government services or performed them less fearlessly without qualified immunity. While less qualified or less experienced private attorneys may have stepped forward to offer their services, cities would have received less value for the money spent on private attorneys. With the Filarsky opinion, however, cities need not bear additional costs and fees arising from increased indemnity obligations or insurance rates, receive less vigorous representation from private contract attorneys or use less competent private counsel solely because of the lack of qualified immunity. Instead, private attorneys carrying out public functions may assert qualified immunity. As a further boon to cities, the Filarsky opinion is not limited to the private-attorney context — it is now the norm in typical cases of contractors hired by the government to assist in carrying out its work. And Filarsky’s reach also expressly extends to temporary employment arrangements because, as the court said, immunity “should not vary depending on whether an individual working for the government does so as a www.westerncity.com permanent or full-time employee, or on some other basis.” Conclusion The Filarsky case is a huge win for cities that use contractors and temporary employees. The Supreme Court’s opinion J O B O P P O allowing qualified immunity should prevent rate increases and ensure a better pool of available workers, and it provides legal protection against Section 1983 liability to those workers who provide needed services for cities. n R T U N I T I E S Police Chief City of San Jose, CA The 10th largest city in the country is seeking a visionary community policing leader to serve as its next Police Chief. The world’s center of innovation in the Silicon Valley, the City of San Jose is home to a population of 958,000. The San Jose Police Department is supported by 1,550 employees (1,109 sworn & 441 civilian) and a FY2012-13 budget of nearly $294 million. The ideal candidate will be a courageous and innovative leader capable of bringing a large and lean urban department together around a contemporary business model that addresses the reality of diminished resources. The next Chief will work with the Department and key stakeholders to design a sustainable service model and road map for the future for an already high performing department. A minimum of five (5) years of senior level management experience in a mid-to-large size diverse urban agency and a Bachelor’s degree are required. A Master’s degree and/or formal leadership training is desirable. Salary is currently under review. Compensation includes competitive benefits package. Visit our website at www.tbcrecruiting.com for more details and to apply online. This recruitment will close at midnight on Sunday, December 16, 2012. Teri Black • 310.377.2612 Joe Brann • 310.265.7479 Administrative Services Director City of Union City, CA Union City (population 70,000) is centrally situated in the East Bay, with San Francisco and San Jose/Silicon Valley just minutes away. The City is currently seeking an Administrative Services Director with a strong background in finance, as well as the capability and desire to acquire in-depth knowledge in the other functional areas of the Department, which include Human Resources, Risk Management, and Management Information Systems. A team oriented individual with a high level of integrity, honesty and accountability is being sought. Strong candidates will demonstrate knowledge of laws, codes, and regulations applicable to municipal administrative services, as well as the ability to plan, organize, and provide administrative direction and oversight in all Administrative Service areas. Excellent project management and communication skills are essential to this position. A collaborative, innovative, and hands on individual will be an asset in the Department. A Bachelor’s degree with major course work in public administration, business, human resources, accounting, economics or a related field is required; a Master’s degree is desirable. The salary range for the Administrative Services Director is $10,863 to $13,200 monthly and is dependent upon qualifications; the City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Bob Murray or Ms. Judy LaPorte at (916) 784-9080 should you have any questions. Brochure available. Closing date January 11, 2013. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com Western City, December 2012 21 Santa Clarita’s Neighborhood Approach Builds Trust and Community Involvement, continued from page 15 since the event’s inception, there weren’t enough tasks to keep residents busy — there was no graffiti to remove and very little trash to pick up. Instead, volunteers planted flowers, removed unsightly chainlink fences and graded a trail leading from the community center to a local park. neighborhood leaders emerged and East Newhall was transformed into a safer, stronger community. Collaboration and resource-sharing were critically important to the program. The population of Santa Clarita increased by more than 45,000 people from 2000 to 2010. This growth combined with a depressed economy resulted in scarce resources both for residents and the city. Santa Clarita pooled the resources and expertise of residents and staff from multiple agencies to efficiently and effectively address vital issues of public safety and well-being. A Formula for Success The Neighborhood Services Team and outreach plan succeeded due to several key factors. The team and program focused on building relationships. By listening and being responsive to residents’ concerns, city officials and local law enforcement personnel were able to strengthen the neighborhood’s capacity to create positive changes and improvements. R O F E S www.bobmurrayassoc.com west coast headquarters 1677 Eureka Road, Suite 202 Roseville, CA 95661 phone 916•784•9080 east coast 2910 Kerry Forest Parkway D4-242 Tallahassee, FL 32309 phone 850•391•0000 S I O “Cities are in the unique position of being able to collaborate with multiple stakeholders and share resources to provide programs and services for communities in need,” says City Manager Ken Pulskamp. “By using a hands-on, neighborhoodoriented approach, staff helped build community relationships and develop trust between the residents of East Newhall, the city and local law enforcement.” “Through community engagement and one-on-one interactions, Santa Clarita is not only educating residents to value the importance of their community but also helping to establish a community team-oriented culture. We’re all in this together,” says Mayor Frank Ferry. The program cultivated trust and bridged prior communication gaps between residents and the city. As a result, P As times have changed, so has the city’s need to create neighborhood-specific services. Santa Clarita is inspiring change by acting as a partner and a resource to neighborhoods, rather than attempting to impose improvements through fines and punitive measures. N A L S E R V I C E William Avery & Associates, Inc. Labor Relations / Executive Search / Management Solutions 31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 408.399.4424 Fax: 408.399.4423 email: email@example.com www.averyassoc.net Contact: Hope Horner, community services administrator, City of Santa Clarita; phone: (661) 250-3718; email: firstname.lastname@example.org. n S D I R E C Bobbi C. Peckham T O R Y Phil McKenney Peckham&McKenney “It’s all about fit” www.peckhamandmckenney.com Sacramento, CA 866.912.1919 916.630.4900 Specializes in Executive Search Sherrill A. Uyeda Syldy L. 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Russ Blewett Mayor Hesperia Michael Ponce Mayor Pro Tem Avalon Mary Helen Reynaga Council Member San Joaquin www.westerncity.com I publish my home phone, cell phone and email address in everything I send out, and I encourage people to contact me whether they seek a solution or just want to talk. Our community is so small that residents often plan their evenings around council meetings. A heated issue will mean the council chambers are filled. This summer we hosted a free community garden and a food kitchen every Thursday. It provided an easy way to connect with our residents. Wayne Lee Council Member Millbrae We are a bedroom community; we use a free social media service to reach residents. We also reach out to parents through their children in our recreation and youth programs. We conduct several outreach efforts for every program and seek extensive public input. Our citizens are very involved; they take votes every two years to help prioritize our capital projects. 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Western City, December 2012 25 Beacon Award: Local Leadership Toward Solving Climate Change Recognizing California Cities and Counties BEACON AWARD CRITERIA 10 Best Practice Areas Spotlighting Energy Efficiency Savings in Agency Facilities Greenhouse Gas Emissions Arcata Hayward Simi Valley Beaumont Livermore Sonoma County Benicia Manhattan Beach South Gate Palm Springs Tulare Redlands Union City San Rafael Ventura Santa Clarita West Covina 12% Electricity Savings 10% Electricity Savings 17% Electricity Savings 8% Electricity Savings 12% Electricity Savings 8% Natural Gas Savings 26% Electricity Savings Brea 9% Electricity Savings 30% Electricity Savings Chula Vista 15% Electricity Savings 30% Natural Gas Savings El Cerrito 14% Electricity Savings 5% Electricity Savings 5% Electricity Savings 26% Electricity Savings Energy Efficiency 5% Electricity Savings 10% Electricity Savings 12% Electricity Savings 16% Electricity Savings 11% Electricity Savings 11% Energy Savings 22% Energy Savings Learn more at: www.ca-ilg.org/BeaconAward/ParticipantAccomplishments For a complete list of Beacon Award Program participants, please visit: www.ca-ilg.org/BeaconAward/Participants www.ca-ilg.org This Program is funded by California utility ratepayers and administered by Southern California Gas Company, San Diego Gas & Electric Company, Pacific Gas and Electric Company and Southern California Edison, under the auspices of the California Public Utilities Commission.