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APRIL 2013 |

The Monthly Magazine of the League of California Cities

Get Your Public Meetings

Back on Track p.10 Supporting Health in Our Communities p.3 Opportunities to Save Pension Costs p.9

www.westerncity.com

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CONTENTS 2 3

Calendar of League Events

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Supporting Health in Our Communities

Opportunities to Save Pension Costs Through Collective Bargaining After Pension Reform

By Bill Bogaard

By Robert A. Blum

By supporting wellness efforts, cities can offer an environment where residents and employees are encouraged to be more physically active, eat nutritious food and enjoy

The Public Employees’ Pension Reform Act of 2013 mandates uniform, generally lower benefit formulas for all “new members” of California public agency defined

President’s Message

the advantages of good health.

5

City Forum

Cities for Workforce Health: New League Partner Program Helps Cities Build Wellness Culture

benefit retirement plans.

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Designed to help cities build a stronger wellness culture over time and engage their employees in healthier lifestyles, this program provides online tools, grants and more.

Everyday Ethics for Local Officials

Get Your Public Meetings Back on Track Disruptions in public meetings seem to be increasingly common. This article offers tips for local agency officials on handling conflict and strategies to help make meetings more productive.

By Charlotte Dickson and Tim Crawford

6

Legal Notes

16

California Cities Helen Putnam Award for Excellence

From Local Government To the Legislature: Making the Transition

Lancaster’s Holistic Approach to Healthy Neighborhoods

By Samantha Caygill

The Neighborhood Impact Program uses neighborhood revitalization and partnerships to address health, safety and social issues.

In November 2012 the Legislature welcomed 39 new members, the largest freshman class since 1966. In the Assembly, 69 percent have local government experience.

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Job Opportunities

23

Professional Services Directory On the Cover: Roseville City Council Meeting. Photo courtesy City of Roseville.

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.

Magazine Staff

leaguevents

Editor in Chief Jude Hudson, Hudson + Associates (916) 658-8234 email: editor@westerncity.com Managing Editor Eva Spiegel (916) 658-8228 email: espiegel@cacities.org

APRIL 4–5

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

Policy Committee Meetings, Pasadena The League’s policy committees review issues of interest to cities statewide and make recommendations to the League board of directors.

Administrative Assistant Anita Lopez (916) 658-8223 email: alopez@cacities.org

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Legal Advocacy Committee Meeting, Pasadena The committee reviews and recommends friend-of-the-court efforts on cases of significant statewide interest to California cities.

Contributors Natasha Karl Koreen Kelleher Bismarck Obando JoAnne Speers Patrick Whitnell

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Webinar: Legislative Action Day Preview This webinar provides a briefing on priority bills of interest to cities statewide.

Associate Editors Jim Carnes Carol Malinowski Carolyn Walker

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Legislative Action Day and Reception, Sacramento City officials attending this event get updates on key legislative issues and meet with their legislators to discuss local priorities.

Design Taber Creative Group

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Advertising Design ImagePoint Design

Board of Directors’ Meeting, Sacramento The League board reviews, discuses and takes action on a variety of issues affecting cities, including legislation, legal advocacy, education and training, and more.

For photo credits, see page 18. 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.

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Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2013 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume LXXXIX, No. 4.

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Supplied by Community Energy

MAY 8 – 10

City Attorneys’ Spring Conference, Napa This meeting covers the latest trends and issues affecting public law practitioners and provides an opportunity to connect with colleagues.

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

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League of California Cities

www.cacities.org

President’s Message by Bill Bogaard

Supporting Health in Our Communities

Finding ways to encourage healthy lifestyles for both residents and employees has become increasingly important to California cities in recent years. Concerns about obesity and related diseases that threaten our most vulnerable populations, including children and youth, have resulted in a number of local and statewide efforts to support health. Many of you are familiar with the Healthy Eating Active Living (HEAL) Cities Campaign (www.healcities campaign.org), which provides technical assistance, model policies and a website to aid cities in becoming healthier places to live, work and play. Some of its goals include helping cities promote walking, biking and other physical activity and enhance access to fresh fruits, vegetables and other healthful foods. The League Partner program has recently launched a collaborative project with Kaiser Permanente, Keenan & Associates and the HEAL Cities Campaign. This new initiative is called Cities for Workforce

Health, and it’s focused on supporting League cities’ efforts to improve employee health. (For more about this initiative, see “City Forum” on page 5.)

Why It’s Important Supporting employee health and the health of our communities makes sense for a variety of reasons. Obesity poses a major threat to our health. According to the Centers for Disease Control and Prevention, obesity now affects 17 percent of all children and adolescents in the United States — triple the rate from just one generation ago. The obesity epidemic affects adults, too. Obesity is a contribut-

ing cause of many other health problems for adults, including heart disease, stroke, diabetes and some types of cancer. These are among the leading causes of death in the United States. Obesity can also cause sleep apnea and breathing problems, and it makes physical activity more difficult. Obesity and related diseases not only cause pain and suffering for the people affected by them, but also require medical care. This burdens our health-care system and contributes to the rising cost of health care. By supporting wellness efforts, cities can offer an environment where residents and employees are encouraged to be more physically active, eat nutritious food and snacks and enjoy the advantages of good health. In addition, healthy employees are typically more productive and bring enthusiasm and energy to their work, whether they are employed in the private or public sector. A healthy workforce is an essential part of a healthy local economy. continued

www.westerncity.com

Western City, April 2013

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Supporting Health in Our Communities, continued

A Local Example In the City of Pasadena, where I serve as mayor, we have embraced a number of activities through our Live Well Pasadena program to help improve the health of our employees as well as our residents. With the help of Dr. Eric Walsh, who leads our Public Health Department, the following efforts are under way. Healthy Nutrition Guidelines. The City of Pasadena passed a Healthy Food and Beverage Vending and Procurement Policy in October 2011. This policy requires all snacks and beverages sold in vending machines on city property to meet nutrition guidelines (available at www.cityofpasadena.net). The city’s food procurement manual includes a list of products that meet the nutrition guidelines. In addition, the policy requires that all beverages and snacks served at events led or coordinated by city staff also comply with the nutrition guidelines. Employees and others now have access to a range of healthier vending machine foods, including whole grains, granola, fresh fruit, fiber bars, nuts and dried fruit, soy milk, fruit juices, and baked — instead of fried — goods. Sandwiches are now more nutritious because of leaner content.

Exercise classes help reduce stress and build strength.

Supporting employee health and the health of our communities makes sense for a variety of reasons. Tips for Healthy Living. Pasadena sponsors talks that are held quarterly (or more frequently) on a variety of health-related topics, including stress management, how to be a lifelong learner, surviving the holiday season and tips for healthy living. These lectures are open to employees and community members.

the use of murals and graphics, some of which list how many calories are burned per stairway climbed. Employees currently participate in a number of informal walking groups and video-based exercise classes. Pasadena is working on expanding the exercise classes by offering live instruction and increased availability.

Increasing Options for Physical Activity. The city has launched an effort to make the stairwells in its facilities more attractive and fun to use. This includes incorporating

Employee Assistance Program. Another important element of Pasadena’s effort to support healthy living involves educating employees about the services available through the Employee Assistance Program. These include mental health counseling and stress management. The city encourages its employees to use these services as part of their regular efforts to stay healthy, because good health encompasses both physical and mental health.

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

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League of California Cities

Take Action Now

Innovative Solutions. Enduring Principles. 2355 Crenshaw Blvd., #200 Torrance, CA 90501 800.654.8102 License #0451271 www.keenan.com/pa

These are a few examples of how Pasadena is working to support good health. Similar efforts are under way in communities throughout California. If your city hasn’t already done so, I encourage you to take advantage of the support offered by the HEAL Cities Campaign and the Cities for Workforce Health program. Taking these positive steps now will create a healthier future for all Californians. ■

www.cacities.org

Cities for Workforce Health:

New League Partner Program Helps Cities Build Wellness Culture by Charlotte Dickson and Tim Crawford Cities have limited options for reducing or moderating health-care cost trends using traditional underwriting, plan design or funding-contribution approaches. Instead, keeping costs down requires finding ways to improve workforce health through wellness and disease management programs. The League Partner program launched a new initiative in January, called Cities for Workforce Health, to support League cities in improving employee wellness. Cities for Workforce Health is a collaboration of Kaiser Permanente, Keenan & Associates and the Healthy Eating Active Living (HEAL) Cities Campaign. According to studies published in the Harvard Business Review, employers investing in effective employee wellness programs experience a 3-to-1 return in both reduced medical and absenteeism costs. The Journal of Occupational and Environmental Medicine found that robust wellness programs improved employee health and productivity, with 37 percent fewer days of unplanned absences. The HEAL Cities Campaign staff asked more than 200 local officials in 2008 for their priorities related to addressing obesity and chronic disease. Employee wellness policies ranked among the top three priorities. Key Components Cities for Workforce Health is designed to help cities build a stronger wellness culture over time and engage their employees in healthier lifestyles. Tier 1 of the program, available free to all League member cities, provides online tools to help build a successful program.

The online resources include: • Case-making content to get leadership buy-in; • Toolkits with step-by-step instructions on implementing a policy or a program and communicating with employees; and • Testimonials about successful programs. Tiers 2 and 3 will be introduced in the next few months. These additional components will include a series of educational webinars and one-on-one engagement for select League cities that achieve the needed level of readiness. The Cities for Workforce Health program and the Partners Program Committee will offer five League cities each a $5,000 grant to use toward workforce health program implementation in 2013. Cities throughout the state have already demonstrated that they can achieve employee wellness results and generate a positive return on the investment. They are designing and implementing worksite wellness programs to improve productivity and morale, decrease absenteeism and, in the long term, stabilize healthcare costs. While their programs vary in complexity, depth of services and cost, they all have a commitment from their city council and city manager, a lead staff person and a mechanism for gathering employee feedback. Examples of Successful Programs The City of Mountain View initiated its wellness program after its health-care premiums doubled over a 10-year period. The city manager surveyed department

managers and employees and secured a $40,000 grant from the YMCA of Silicon Valley to implement the program. The city council has since adopted policies establishing nutritional standards for food and beverages served in municipal settings, smoke-free areas in city parks and open spaces and a suicide prevention policy. The City of Riverside introduced a wellness program in 2009 to address increases in health-care costs. Serving more than 2,000 employees, the program offers healthy living workshops and fitness activities. Preliminary data suggest that the program has decreased absenteeism and life insurance utilization. The American Heart Association recognized Riverside for its program in 2012. The City of Thousand Oaks runs a substantive wellness program on a shoestring budget. A part-time management analyst coordinates nutrition and exercise classes, educational workshops on health and work-life balance topics, and a website. The program keeps costs down by inviting community partners such as the local hospital, YMCA and health-care providers to run the activities. Thousand Oaks has won the California Fit Business Award in multiple years. How to Get Started Cities for Workforce Health expands on lessons learned from these municipal wellness programs to help other cities throughout California achieve similar success. Visit www.cacities.org/ CitiesForWorkforceHealth to find out how you can start promoting a healthier workforce in your city. ■

Charlotte Dickson is campaign director for the Healthy Eating Active Living (HEAL) Cities Campaign and can be reached at cd@publichealthadvocacy.org. Tim Crawford is vice president of marketing for Keenan & Associates and can be reached at TCrawford@Keenan.com. www.westerncity.com

Western City, April 2013

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From Local Government to the Legislature:

Making the Transition by Samantha Caygill

In November 2012, the Legislature welcomed 39 new members, the largest freshman class since 1966. In the Assembly alone, 69 percent of members have local government experience. Nine members of the freshman class are alumni of the League of California Cities’ California Civic Leadership InstituteŽ (CCLI) or have participated in aspects of it. CCLI is a League Partnersponsored educational program for local government elected officials who are interested in running for the state Legislature. The program offers local officials an in-depth policy and political education as well as numerous networking opportunities. Western City recently checked in with the nine new members to ask what they bring to state office from local government, how the CCLI was helpful and what issues are priorities for them in their districts. These legislators are profiled in a two-part series in the April and May issues. For more information about CCLI, contact Samantha Caygill at scaygill@cacities.org or (916) 658-8204.

Samantha Caygill is public affairs program manager for the League and can be reached at scaygill@cacities.org. This article is the first in a two-part series.

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League of California Cities

www.cacities.org

Frank Bigelow (R-5)

Richard Bloom (D-50)

What do you bring to the Legislature from your experience in local government?

What do you bring to the Legislature from your experience in local government?

Former Madera County supervisor

Bigelow: I bring a unique perspective of what’s happening on the ground floor throughout this great district. Local government officials have helped implement many different programs and ideas that have begun at the state level. After serving in local government for 14 years I have a keen understanding of what works in terms of implementation and which ideas need a second look. As a farmer, rancher and small business owner, I know what rural California small businesses need to succeed, and I’m determined to help grow private-sector jobs throughout my district and our entire state. How was your experience with CCLI helpful in deciding to run for office? Bigelow: My experience with CCLI helped to cement in my mind that the people we represent should always come first. In my time in local government and in Sacramento I’ve always represented my neighbors. I take great pride in making sure I always look out for the best interest of my neighbors and that the people of rural California always have a seat at the table in the legislative process. Which of your district’s top two or three issues will be a priority for you? Bigelow: The top issues in my district all involve ensuring that rural California has a voice in California’s legislative process. Whether it’s enacting California Environmental Quality Act (CEQA) reform to ensure local jurisdictions can continue to maintain safe roads, fighting for quality education in rural California schools or ensuring that farmers and ranchers throughout California have a safe and affordable water supply, I’ll be the voice for rural California and will always fight for the taxpayers of my district.

Former mayor, Santa Monica

Bloom: Many of the challenges facing our state have parallels to challenges we faced in Santa Monica. For example, my work on crafting city budgets over 13 years taught me a number of lessons that will serve me well in Sacramento. During those 13 years, I grew to understand the importance of developing revenue sources that are sustainable from year to year, creating benchmarks to measure the effectiveness of our city’s programs, and considering both optimistic and worst-case scenarios when developing longterm budgets. This disciplined approach was greatly beneficial to Santa Monica in providing increasingly better services while keeping the city on a strong fiscal footing. I hope to bring the same approach to Sacramento so the people of California can begin to realize those same benefits. How was your experience with CCLI helpful in deciding to run for office? Bloom: Running for state Assembly was something I’d thought about for several years. Being able to work with CCLI really helped prepare me for the weighty task of statewide office. Its training programs helped me understand how to handle the various challenges and issues that arise when dealing with legislative office in California and, in particular, how decisions in Sacramento can help or hurt our local jurisdictions. CCLI also gave me the opportunity to interact with local government leaders from throughout California, many of whom are now my colleagues in Sacramento. Which of your district’s top two or three issues will be a priority for you? Bloom: Transportation. Traffic and public transportation are huge concerns for Westside residents. As chair of the Budget Subcommittee on Resources and Transportation, I will work to ensure that we are directing precious resources effectively to improve our transportation systems and, by extension, the quality of life for our residents. Environmental protection. Residents of the 50th District are very concerned about the environment. While in the Assembly, I intend to continue my long history of protecting our clean water supply, fighting pollution and ensuring safe disposal of toxic waste. My district has some of the most impressive natural beauty anywhere, and I want to ensure that beauty remains for future generations.

Many new legislators bring a local perspective to the state Capitol.

Jobs and the economy. Economic development that leads to employment growth and increasing revenues is critical to moving forward on all of our priorities. This is California’s most fundamental challenge and one I intend to focus much attention on during my tenure in Sacramento. continued

www.westerncity.com

Western City, April 2013

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From Local Government to the Legislature: Making the Transition, continued

Rob Bonta (D-18)

Ken Cooley (D-8)

What do you bring to the Legislature from your experience in local government?

What do you bring to the Legislature from your experience in local government?

Former vice mayor, Alameda

Bonta: It gave me a unique look at the decisions made at the city government level. As an elected member of the Alameda Health Care District Board of Directors, I played a key role in stabilizing the finances of Alameda Hospital. I also served as chair of the Economic Development Commission, where I focused on business attraction and retention efforts. Also, as president of the Social Service Human Relations Board, I fought to protect safety net services for the community’s most vulnerable members. I think members of the Legislature with experience in local government have greater insight on community members’ issues, such as school funding, state government tools and redevelopment agencies, that they would not have otherwise. How was your experience with CCLI helpful in deciding to run for office? Bonta: It was very informative in terms of getting to know a number of the stakeholders and especially getting an overview of the budget. The policy briefings I received on the impact of state legislation on cities were also incredibly helpful and continue to be so now in writing and introducing legislation. I am able to look forward and realize the impact that actions made at the Capitol will have throughout the state, particularly on our cities. Which of your district’s top two or three issues will be a priority for you? Bonta: Public safety. Our communities are under constant threat from gun violence. I have introduced AB 187 to tax the sale of ammunition to help communities suffering from high rates of violent crime. As the new chair of the Select Committee on Gun Violence in the East Bay, I plan to continue working on creative approaches to decrease gun violence in my district and throughout the state. Revitalizing the economy and creating jobs. I am proud to co-author AB 243 and AB 229. Both of these bills help local governments revitalize their fiscal health and create more jobs through the formation of infrastructure and revitalization financing districts. Education. I have three children in district schools. Their education has always been important to me, and I will continue my advocacy for better schools for all children. Education should give children an equal opportunity to succeed, and I am committed to working toward those goals through several legislative proposals and advocacy efforts.

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League of California Cities

Former council member, Rancho Cordova

Cooley: The work of local government is applied problemsolving. In the lean fiscal times of recent years, problem-solving success frequently means doing more with less, and that requires greater use of collaboration, partnerships and creativity. My work in local government helped me learn how to listen to my community, to explore the resources and options available and to work collegially inside and outside city hall to advance community aspirations. In the state Capitol, I am confident my focus on achieving good outcomes, my listening and advocacy skills (both honed in local government) and my network of strong local and statewide contacts will make me a more effective legislator. By providing opportunities for me to grow through service in my local division, in the policy committee process, on various task forces and working groups and on the board of directors, the League helped me develop the skills I will use daily in the state Capitol. How was your experience with CCLI helpful in deciding to run for office? Cooley: The CCLI experience helps local office-holders take a realistic view of state-level service. It really whets one’s appetite for helping to tackle pressing statewide issues and, at the same time, makes such an aspiration appear feasible. I valued the breadth of the CCLI program for its content, the great friendships it helped me forge with other city leaders throughout California and the insights about the Capitol it afforded. It was an excellent way to ground me in what the race for higher office would entail, and it helped me clarify my goal to pursue service in the state Assembly. Which of your district’s top two or three issues will be a priority for you? Cooley: Ensuring job creation, enhancing government accountability and furthering public safety. Strengthening and sustaining local job-creation efforts are critical to the quality of life for constituents of the 8th District and the health of the whole community. Without government accountability, people cannot trust in the government that is there to assist in sustaining the community. Finally, public safety is the foundation of comfort in our lives. ■

www.cacities.org

Opportunities to

Save Pension Costs Through Collective Bargaining After Pension Reform by Robert A. Blum

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ov. Jerry Brown signed the Public Employees’ Pension Reform Act of 2013 (PEPRA), which he called “sweeping pension reform,” on Sept. 12, 2012. PEPRA mandates uniform, generally lower benefit formulas for all “new members” of California public agency defined benefit retirement plans — including those in the 450 cities that contract with California Public Employees’ Retirement System (CalPERS). PEPRA also requires that all new members pay at least half of the normal cost required to fund their pensions. Most city employees are not new members, and it may take many years before the full cost savings from new members show up in city budgets. However, PEPRA does provide new opportunities in 2013 for cities to negotiate cost savings affecting employees who are not new members. (CalPERS calls these employees “classic” members.) “Vested rights” rules generally prohibit the reduction of benefits promised to current employees. However, PEPRA encourages cost savings by increasing employee contributions to fund pensions. Cities may consider bargaining to increase employee contributions by: • Reducing or eliminating city payment of employee contributions (called employerpaid member contributions or EPMCs); • Increased sharing of “normal cost,” which is the cost of benefits earned in a particular year; and

• Increased sharing of “total cost,” which would include normal cost plus amortization of past service cost (sometimes called unfunded actuarial accrued liability or UAAL). Employer-Paid Member Contributions Many cities have agreed to pay part or all of CalPERS member contributions. For new members, PEPRA prohibits employers from paying employees’ contributions. For classic members, PEPRA sets this prohibition as a “standard,” or a goal. Cities have three options related to employer-paid member contributions for classic members. First, the city can agree to pay employees’ contributions. Second, the city can report employer-paid member contributions as “PERSable” compensation, which in essence becomes part of the compensation included in the PERS calculation. Third, the city may amend its CalPERS contract to convert employer-paid member contributions to PERSable compensation in the employee’s final compensation period, thereby increasing PERSable compensation for benefit calculations. Some provisions of existing law have not changed even with the passage of PEPRA. A city can still negotiate to reduce or eliminate any of its three options for paying employer-paid member contributions; CalPERS law says that a city may

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.

“periodically increase, reduce or eliminate” the payment of employer-paid member contributions. Because employer-paid member contributions can be reduced or eliminated, reporting them as PERSable compensation and converting them to PERSable compensation in the final compensation period can also be reduced or eliminated. After all, if there are no employer-paid member contributions in the first place, there is nothing to report and nothing to be converted. continued on page 20

Robert A. Blum is a partner with the law firm of Hanson Bridgett and can be reached at Rblum@hansonbridgett.com. www.westerncity.com

Western City, April 2013

9

Everyday Ethics for Local Officials

Get Your Public Meetings

Back on Track

Question Our agency needs help with some ongoing issues related to governing body meetings. First, the meetings run very long. As the evening wears on, the tone of the discourse and quality of decision-making decline. In addition, we have at least one elected official who is frequently disruptive, which seems to encourage members of the community to follow suit. We are worried that this reflects badly not only on those involved in the disruption, but also on the entire agency. And finally, a number of community leaders are concerned that the rough-and-tumble nature of our meetings is discouraging good people from running for office. What can we do to get our public meetings back on track?

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League of California Cities

www.cacities.org

Answer Unfortunately, disruptions and disruptiveness in meetings seem to be increasingly common for local agency officials. While there is no one answer or simple solution, the following ideas and resources may be helpful in your efforts to improve the situation. Disruptiveness and how to handle it present both ethical and legal issues. The values of respect and responsibility can be good guideposts for everyone participating in public meetings. Respect in this context has at least two dimensions: respect for differing viewpoints as well as respect for people’s time. As for responsibility, everyone involved in public processes has certain responsibilities. These include coming to meetings prepared and contributing to the wise use of meeting time. It also means structuring decision-making in a way to maximize the likelihood that decisions are made with the public’s best interests foremost in mind.

About Disruptiveness A threshold question to ponder is why people are engaging in disruptive behavior (or behavior perceived as disruptive). The reasons vary. Differing visions for the community may be at the center of the problem; personality conflicts can also play a role. Disruptive behavior may stem from participants’ conflicting views of the meeting’s purpose or how it should be run. Sometimes people resort to disruptive behavior because they believe their perspective is not being heard or taken into account, and they feel shut out of the decision-making process. So disruption becomes a way of “turning up the volume” to increase the likelihood that one’s views will be noted and respected. continued

This column is a service of the Institute for Local Government (ILG), whose mission is to promote good government at the local level. For more information and to access ILG’s resources on public service ethics, visit www.ca-ilg.org/trust. ILG thanks Lee Price, former city clerk of San Luis Obispo, Michael Colantuono of Colantuono & Levin, and Steve Mattas of Meyers Nave for their contributions and insights in preparing this article.

www.westerncity.com

Western City, April 2013

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Get Your Public Meetings Back on Track, continued

Even if people disagree about which decision best serves the public’s interests, consider ways of incorporating the disruptors’ concerns into the decisionmaking process so they feel less need to be disruptive. Engaging in active listening techniques — making eye contact with those speaking, taking notes, maintaining a respectful demeanor and acknowledging the point being made — can assure speakers that their views are being heard. Conflict is a natural part of the democratic decision-making process. As John W. Gardner observed, “Our freedom, our pluralism, our dispersion of power all invite healthy conflict as various groups and individuals pursue their diverse purposes. The

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League of California Cities

reconciling of such divergent purposes is one of the tasks of a leader.” Gardner also observed that “substantial rewards flow to leaders who have mastered the bargaining arts.” A number of useful resources offer leaders suggestions on how to reconcile divergent perspectives (www.ca-ilg.org/ meetingresources). Goal-Setting Workshops and Standards of Conduct Annual goal-setting processes can be useful forums for establishing governing board and organizational priorities for the year. These workshops can provide a forum for decision-makers to discuss

bigger-picture challenges facing the community and find common ground that is sometimes elusive on more specific, contentious issues. Such workshops offer an opportunity for the governing body to review, discuss and adopt procedures on how it will conduct the public’s business. Sometimes referred to as meeting protocols, these standards typically address the agenda format, how items are placed on the agenda, parliamentary procedure, decorum and similar issues. Protocols can also help alert decisionmakers to techniques that avoid prolonging meeting discussion and resolutions.

www.cacities.org

A successful meeting is one where everyone feels heard even if the outcome was not the one they wanted.

For example, if the decision-makers know they will be able to share their views after public comment, they may feel less need to interrupt speakers. Find sample protocols at www.ca-ilg.org/post/codesconduct-elected-boards. How agendas are structured can minimize or amplify frustration. Consider these practices: • Put a general public comment period at the beginning of the meeting, so people who have come to the meeting to comment on non-agenda items can do so without having to wait until meeting’s end, which can amplify frustration. To balance these individuals’ interests against those who have come to speak on agenda items, create a time limit for this section of the agenda. If not all comments can occur within the time period allotted, allow the general public comment period to be continued to a later point in the agenda. • Similarly, out of consideration for those who are attending a meeting for a specific item, try to schedule those items early in the agenda. This can also have the advantage of taking up difficult or contentious items before meeting participants grow tired (which can diminish the quality of both discourse and decision-making). • Put routine or non-controversial items (usually referred to as the “consent” calendar) toward the end of the agenda. • Schedule closed sessions (those not open to the public) in ways that minimize the need for the public to wait.

Meetings: An Endpoint or the Only Point in the Decision-Making Process? Another question to ponder is whether, in essence, the agency is asking the governing body meetings to do too much. Governing body meetings are subject to some fairly inflexible rules. These rules are designed to protect important values such as transparency, fairness and free expression. Ironically, however, the rules that flow from these values can constrain the unfettered exchange of ideas and information. In addition, for various reasons, those participating in the meetings may not reflect a true cross section of community perspectives. Meetings provide a forum where members of the governing body can hear the public’s perspectives on a given issue and make decisions. However, this endpoint in the decision-making process does not have to be the only point at which members of the public can be heard. Sometimes conflict can be worked through in activities prior to the meeting where the governing body will make a decision. These activities can also offer opportunities for residents to learn more about the issues facing the community, exchange ideas and provide decision-makers with a broader sense of local opinion than may occur in governing body meetings. Thus, for important, complex or controversial issues, consider whether more extensive conversations within the community might be beneficial. Public meetings that occur in advance of the agency meeting at which elected officials must make a decision provide additional opportunities for the public to be heard. Such conversations can help decision-makers assess whether those who are inclined to be disruptive represent broad-based community sentiment or a more minority view. They may also reveal options and approaches that might result in win-win decisions that address the concerns of all segments of the community. And of course, conversations can occur through many venues, including technologybased forums and/or facilitated community discussions. In addition, if decision-makers need more time to receive information and public input on complex, difficult or time-consuming issues, “study sessions” offer another option. These meetings of the governing body are held separately from regular governing body meetings but comply with all open meeting requirements. In some situations, it may be more effective to conduct study sessions in locations other than the regular meeting place, but still within the jurisdiction of the governing body, where less formality may inspire more open communication. For resources on engaging the community in the decision-making process, see www.ca-ilg.org/basics-public-engagement.

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Get Your Public Meetings Back on Track, continued

Avoid overly long meetings whenever possible by identifying how much time meetings should take. Take care not to put more on an agenda than can be reasonably accomplished in the allotted time. Importance of the Presiding Official’s Skills The presiding official’s skills also affect how well meetings run and how constructively conflicts are handled. A presiding official can use a number of techniques to keep the conversation focused and moving toward resolution. Setting the Stage When the Meeting Begins. A welcome and introductions help the public — particularly first-timers — know who is sitting at the dais, what opportunities there will be to provide input, and how they can understand what is going on (for example, where public comment forms are available, and where people

can pick up the equipment if translation equipment and services or assistive hearing devices are available). A brief overview of the agenda’s major sections can remind both decision-makers and the public what needs to be accomplished during the meeting. Defining the Issue to Be Decided. The presiding official can also help by identifying the question or issue to be decided. For example, the chairperson could say, “The issue before us is whether the application to engage in X enterprise meets the standards in our zoning code for such activities.” This enables the presiding official to refocus a discussion that is veering off topic. Listening to the Points Being Made. The chairperson can keep conflict from bogging down the discussion by acknowledging points of disagreement, which helps people know that their perspective

has been heard. The chair can also listen for points of agreement and developing consensus that might form the basis of a motion. To play an effective role in managing conflicts that arise during the course of a discussion on an issue, the presiding official needs the group’s trust and respect. To earn this trust and respect, he or she must conduct the meeting fairly. This means applying the group’s agreed-upon standards in an impartial way. As part of this impartiality, it can be helpful for the presiding official not to engage in debate and to refrain from expressing his or her views on a matter. If the discussion gets particularly heated among two or more decision-makers, having people address their remarks to the presiding official is a useful strategy. Taking well-timed breaks to allow participants to regain their composure can also help.

Schedule closed With four offices throughout the state, our firm is committed to providing California Cities with trusted legal advice and dedicated representation.

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sessions in ways that minimize the need for the public to wait.

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Providing multiple ways for residents to express their views can reduce the pressure on meeting time.

Media representatives must be allowed to remain, and only matters on the agenda can be discussed. Both options are legally available, but should be reserved for the most extreme situations as they involve legal risk and can put the agency in a bad light. Other Strategies to Make Meetings More Productive Staff Preparation. Solid staff work that clearly identifies the issues to be decided and the information that bears on the decision helps keep the discussion on point. Conversely, unclear or incomplete staff work can have the opposite effect. Staff presentations should summarize information in the staff report. Both written and oral staff communications should use

clear language that everyone, including the public, can understand. Decision-Maker Preparation. Coming to meetings prepared reflects well on a decision-maker, particularly when such preparation results in everyone’s time being used efficiently and respectfully. This includes asking questions of staff in advance — either to save time at the meeting or, for those questions that need to be addressed in the meeting, to enable staff to prepare to answer the question accurately and succinctly. When Many People May Want to Share Their Perspectives. Even if people want to share their views, they may be anxious about public speaking. This anxiety can continued on page 23

Seek Professional Advice What the presiding official cannot do, however, is shut out perspectives with which the majority of the governing body disagrees. Generally, every agenda must provide an opportunity for the public to address the governing body on any item of interest to the public within the body’s jurisdiction. If the issue of concern is one pending before the governing body, the opportunity must be provided before or during the body’s consideration of that issue. The presiding official can encourage everyone to be civil and mutually respectful but cannot stop or remove speakers for expressing their opinions or criticizing the governing body. (Doing so can risk a civil rights lawsuit.)

Although the Institute for Local Government endeavors to help local officials understand laws that apply to public service, its informational materials are not legal advice. In addition, attorneys can and do disagree on the best application of those rules to public meeting practices. Officials are encouraged to consult an attorney for advice on specific situations.

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Find-it-fast information for every city in California

3 Mayors, Council Members and

City Department Head Information

Individuals who are actually disrupting the meeting may be removed. Before doing so, the presiding official is welladvised to give the individual advance notice that their conduct is disrupting the meeting and what they need to do to remain a part of the meeting.

3 City Addresses, Phone, Fax and Websites 3 Advertisers with Products and Services

In addition, if a group willfully interrupts a meeting and order cannot be restored, the room may be cleared.

Download the order form online: www.cacities.org/citybooksorderform or call (916) 658-8247.

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Parenting classes include baby massage. Recreational activities focus on families.

Community gardens promote healthy food choices.

Lancaster’s Holistic Approach to Healthy Neighborhoods The City of Lancaster began as a small, isolated agricultural community in the 1920s. Today it’s the fifth-largest city in Los Angeles County. Located approximately 70 miles northeast of Los Angeles with an area of 94 square miles, Lancaster’s population has grown from 37,000 residents in 1977 (when it incorporated) to nearly 157,000 in 2010. By 2020 its population is expected to reach 215,500 residents.

social and economic support services as well as health disparities in certain disadvantaged neighborhoods.

However, Lancaster’s explosive growth, its distance from Los Angeles County government and the recent economic recession stressed the city’s infrastructure, resulting in a dearth of basic county services available in most urban communities.

The city and Pastor Chris Johnson, who also heads the Antelope Valley Christian Ministerial Alliance, approached the Lancaster-based nonprofit Antelope Valley Partners for Health to discuss a collaborative approach to tackling the neighborhoods’ health-related issues. The newly formed partnership worked together to develop a holistic approach to community health and vitality.

The initial effort began when pastors from a local ministerial group realized that residents in certain distressed areas had neighborhood issues they were illequipped to address, including proper trash disposal, blight, health concerns and crime. The pastors met with city leaders to discuss how they could most effectively work together to provide much-needed community-based social and health-care services, which the city alone could not administer. The pastors also needed other collaborative partners and neighborhood facilities where they could implement their programs. Lancaster’s leadership took a hard look at the challenge of dealing with inadequate

The city launched the Neighborhood Impact Program, which uses neighborhood revitalization and partnerships to address health, safety and social issues. Bringing the Community Together

“The city took advantage of the economic downturn by buying foreclosed houses in distressed neighborhoods,” says Housing and Neighborhood Revitalization Director Elizabeth Brubaker. “City-refurbished homes were made available to the Neighborhood Impact Partnership, which transformed them into Community Homes and Wellness Homes.” The ministerial group, local churches, Antelope Valley Partners for Health, medical groups and other partners are

now responsible for administering all day-to-day activities, providing staff and volunteers, procuring sponsorships and securing donations from local businesses and private citizens to furnish the homes. “The Neighborhood Impact Program is about churches being involved in the community and making a difference in the lives of people,” says Pastor Johnson. According to Michelle Kiefer, executive director of Antelope Valley Partners for Health, “Each Wellness Home is a community hub that takes on a life of its own. Some neighborhoods have more seniors and therefore need more senior services, while others have a lot of children and need infant care classes. It’s an incredible program.” Multiple Benefits for Neighborhoods The Community Homes are safe havens offering a wide range of activities. They provide after-school programs, financial education, family counseling, tutoring, home repair classes, sports activities, block parties, recreational and cultural field trips, and a place to simply relax. The Wellness Homes are not designed to replace hospitals, medical clinics or doctors’ offices. Each Wellness Home features a convenient, weekly range of continued on page 19

The City of Lancaster won the Award for Excellence in the Health and Wellness category of the 2012 Helen Putnam Award for Excellence program. For more about the award program, visit www.helenputnam.org.

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Western City magazine’s job opportunity section is the source for job seekers looking for positions in local government. When you place a job opportunity ad in Western City magazine, it will be posted at no additional charge on our website. For rates and deadlines, visit www.westerncity. com and click on the “Advertise” link.

Human Resources Director, City of Bellevue, WA Bellevue is the fifth largest city in Washington, with a population of more than 130,000. The City is seeking a Human Resources Director to assume management responsibility for all Human Resources Department’s services and activities. The ideal candidate must be a visionary, strategic and innovative leader in the field of human resources. The incoming Human Resources Director will serve as a member of the City’s senior leadership team. The selected candidate will have a Bachelor’s degree in Human Resources, Public Administration, Business, Communications or a related field. A Master’s degree is preferred as is ten or more years of progressively responsible related experience in a position of comparable scope and size of the City of Bellevue, including hands-on experience in at least two human resources disciplines (OD, Comp, Benefits, Staffing, Labor/Employee Relations, HRIS, etc.) as well as supervisory experience. The salary range for the Human Resources Director is 108,584.64 to 173,453.16 annually and is dependent upon qualifications. The City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply at www.bobmurrayassoc.com. Contact Mr. Regan Williams at (916) 784-9080 should you have any questions. Brochure available. Closing date: May 6, 2013.

www.bobmurrayassoc.com

ph 916 •784•9080 | fax 916•784•1985

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Display Advertising Call Pam Maxwell-Blodgett at (800) 262-1801 to place a display (boxed) ad or for rate and deadline information, or email admanager@westerncity.com. Website Job Postings Display ads are posted on our website at no additional charge. But if you miss the deadline for getting your job opportunity ad into the magazine, you can post it on the Western City website right away. To post your job opportunity ad on our automated website, visit www.westerncity.com or contact Anita Lopez, administrative assistant; email: alopez@cacities.org; phone: (916) 658-8223.

Did You Miss the March Issue? Read it online at www.westerncity.com

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MuniTemps will Save Your City Money! Fire Chief, City of Piedmont, CA The City of Piedmont is a charter city of approximately 11,000 residents located in the beautiful Oakland Hills, overlooking the San Francisco Bay. The Fire Department currently has 24 full-time employees, who are split amongst three different shifts of eight personnel per day in addition to the Fire Chief. The Department also currently has one part-time administrative staff member. The Department’s FY2012/2013 budget is $5.3 million. The City Council is seeking a strong leader with vision and creativity to serve as the new Fire Chief. The ideal candidate will demonstrate analytical ability and strategic thinking in regard to the future of the Department. The new Fire Chief will be expected to build relationships marked by trust and respect with a wide variety of parties, including Department personnel, the City Council, the City Administrator, other department heads, City staff, and citizens. Candidates with a history of demonstrated success in working with bargaining units and labor relations issues will be valued. Candidates for this position must possess experience in all major functions of the Department. Possession of the equivalent of a Bachelor’s Degree in Fire Science, Fire Administration, or a related field and three years of command or supervisory experience in the fire service is required. Candidates with California Chief Officer or EFO certification are highly desirable. The salary for the Fire Chief is open and 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. Regan Williams at (916) 784-9080 should you have any questions. Brochure available. Closing date April 19, 2013. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

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Police Chief

City of Eureka, CA

FIRE CHIEF City of West Covina, CA Salary: $139,152 - $175,332 annually The City of West Covina is seeking a modern fire professional willing to roll up his/her sleeves and become actively involved in managing a well-respected full-service fire department. The WCFD has 5 fire stations strategically located throughout the City and a highly motivated staff of 79. The department’s operating budget is approximately $16 million. The new Fire Chief should be an experienced, decisive and open leader capable of promoting exceptional customer service – both internal and external; advancing cooperative efforts with the other City departments; maintaining a collaborative environment with labor groups; supporting qualitative improvements to the Fire Prevention efforts; fostering innovation and cultivating staff development; working effectively with the Los Angeles County Fire Department on regional fire and life safety issues; and being open and accessible to the community. The new Fire Chief should possess a Bachelor’s Degree in Public Administration, Fire Science or a closely related field, plus 4 years of increasingly responsible fire management experience at the Battalion Chief or higher rank and must possess a valid Class C California Driver’s License. A Master’s Degree is desirable. APPLY BY: A City employment application and resume must be received by APRIL 30, 2013. For more information about this opportunity and to obtain an Employment Application, please visit our website at www.westcovina.org and go to the Human Resources tab.

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The City of Eureka, population 28,600, is located on Humboldt Bay, with the Pacific Ocean to the west and mountains and forests to the east, north, and south. It is the North Coast’s largest coastal town north of San Francisco and the principal city and county seat of Humboldt County. The Police Chief is responsible for 85 employees (Police, Administration, Communications, & Parking Enforcement) and a total 2012-13 budget of just over $13 million. Eureka has been described as a rural community with urban issues and a strong leader is needed to direct the Department in addressing these issues and to promote community partnerships. Bachelor’s degree and a minimum of 7 years experience at the Lieutenant level and above required; Master’s and/or FBI Academy preferred. Salary is $142,500 with competitive benefits.

City of P O M O NA

Salary range negotiable DOQ. The City offers a generous benefits package. For more information please see the City’s Job Opportunities page at http://agency. governmentjobs.com/ pomona/default.cfm.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com

Resumes acknowledged within two business days. Call Phil McKenney at (866) 912-1919 for more information. A detailed brochure is available at www.peckhamandmckenney.com. Filing deadline is May 13, 2013.

Public Works Director

Pomona (pop. 149,950) established in 1888, sits on the eastern edge of Los Angeles County. The diverse community balances historical architecture with faith based, higher education, arts and culture and health services uses. The City seeks an experienced, executive manager who can effectively direct the City’s Public Works Department, currently staffed with 184 Full-Time positions and comprised of the following divisions Public Services, Solid Waste, Engineering, Utilities, Fleet, Facilities, and Business Services. The Department has an annual Operating Budget of $57,289,011 and a 5-year CIP Budget including over 216 projects with a total project value over $500,000,000. Successful candidates will have significant experience in maintenance/ operations of equipment, public facilities – including streets and parks, and varied professional civil engineering experience. A Bachelor’s degree in related field is required; Master’s Degree is preferred. Please send your cover letter/resume electronically to: Susan Dippolito, 909-620-2296, susan_dippolito@ci.pomona.ca.us

Photo/art credits Cover: Courtesy City of Roseville

Page 9: Lightspring/Shutterstock.com

Page 3: left, Maxik/Shutterstock.com; right, Richard Thornton/Shutterstock.com

Pages 10 and 11: Courtesy City of Roseville

Page 4: Robert Kneschke/Shutterstock.com

Pages 12 and 13: Jude Hudson, Hudson + Associates

Page 6: left, Henryk Sadura/Shutterstock.com; right, photo.ua/ Shutterstock.com

Page 14: Paul Paladin/Shutterstock.com

Page 7: bottom, Slobo Mitic/istockphoto.com

Page 16: Courtesy City of Lancaster and League of California Cities

Pages 7 and 8, legislator photos courtesy of their respective office staff

Page 15: Pressmaster/Shutterstock.com

Page 20: 3DDock/Shutterstock.com

www.cacities.org

Lancaster’s Holistic Approach to Healthy Neighborhoods, continued from page 16

free preventive health-care classes offering immunizations; heart, blood pressure and diabetes checks; yoga; nutrition; prenatal care; parenting; weight management; and anger management, among others — designed to fit individuals’ unique needs. To fight childhood obesity and engage youth, exercise classes feature physical activities and games using motion-sensor technology. In addition, Community Gardens promote and encourage healthy food choices. The program has also fostered mutual respect and trust among the partners and participants, as it returns responsibility for solving local problems to the neighborhoods. Residents regularly attend city events, join Neighborhood Watch groups and participate in community cleanups.

The program now includes six Wellness Homes, nine Community Homes and four Community Gardens in different neighborhoods. This program illustrates that despite recent economic conditions, with communitywide support networks it’s possible for disadvantaged neighborJ

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hoods to thrive and promote the health and well-being of their residents. Contact: Elizabeth Brubaker, director, Housing and Neighborhood Revitalization; phone: (661) 723-5878; email: EBrubaker@cityoflancasterca.org. ■

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City Manager, City of Glendale, AZ The City of Glendale, AZ is a culturally diverse community of over 230,000 residents located on the western edge of the Phoenix metropolitan area. Glendale is now seeking a new City Manager to oversee a workforce of over 1,600 employees and a FY 2013 budget of $579 million. The City Council is seeking a candidate who has the leadership skill to inspire support of the Council’s vision and the management skill to promote a cohesive team atmosphere while ensuring accountability is maintained. A strong candidate will possess financial acumen and experience in promoting economic development. Any combination of education and experience that provides the required knowledge and abilities is qualifying; a typical candidate will possess a Master’s Degree in Administration, Business Administration, Management, or a related field and prior experience as a City Manager or Assistant City Manager in an organization of similar size and complexity to Glendale. The salary for the City Manager position 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 April 19, 2013. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

PERSONNEL AND RISK ANALYST Salary Range is $63,822 to $85,528

Located in the beautiful Eastern Sierra, the Town of Mammoth Lakes is seeking a Personnel and Risk Analyst to perform both day-to-day personnel and risk management activities, as well as long-term planning, policy recommendations and policy implementation in the area of human resources and risk management. QUALIFICATIONS: Two years of increasingly responsible experience in personnel system development and

administration, including experience with staff recruitment and selection, position classification, compensation system development, labor law compliance, benefits administration, and risk management with municipal work experience. A degree from an accredited college or university, with major course work in public administration, business administration or a related field. For more information, visit the Town’s website at http://www.ci.mammoth-lakes.ca.us/jobs.aspx for an application and a copy of the job description, or to request a packet by mail call (760) 934-8989, ext. 223. FILING DEADLINE: Open until filled. The first round of applications will be reviewed on or around April 19, 2013.

www.westerncity.com

Western City, April 2013

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Opportunities to Save Pension Costs Through Collective Bargaining After Pension Reform, continued from page 9

Under the Meyers-Milias-Brown Act, changes affecting employer-paid member contributions generally must be bargained. Still, it appears that a city may go to impasse (which occurs when the bargaining parties have exhausted the give and take of negotiations to the point where no proposed compromise by one party will J

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result in acceptance by the other party) and impose the reduction or elimination of employer-paid member contributions under standard procedures. This is because CalPERS law says that nothing “shall be construed to limit the authority of a contracting agency” to reduce or eliminate employer-paid member contributions. R

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Administrative Services Director City of American Canyon, CA Located in world-famous wine-growing Napa County, this family friendly, vibrant community approaching 20,000 residents is surrounded by a permanent greenbelt, rivers, wetlands, and wildlife preserves. This general law city has a total budget of $38.6M and approximately 70 FTE’s. Reporting to the City Manager, the Director will oversee a staff of 10 in all areas of finance, human resources, and information technology. The ideal candidate will possess progressively responsible public financial management experience with an understanding of human resources and labor relations. Bachelor’s degree in finance, public or business administration, or a closely related field is required; Master’s highly desirable. Salary range is $96,467-$144,701.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com

Resumes acknowledged within two business days. Call Bobbi Peckham at (866) 912-1919 for more information. A detailed brochure is available at www.peckhamandmckenney.com. Filing deadline is May 3, 2013.

Impasse and imposition appear to be part of a city’s authority under existing law. Sharing of Normal Cost Under PEPRA, the standard for all employees is to pay one-half of the normal cost, which is the cost of benefits earned in a year. For new members, this is mandated. For classic members, this is a goal. CalPERS law sets the basic member contributions. Under prior law, if the contributions did not cover one-half of normal cost, the city paid the remainder. There was limited opportunity for cities to negotiate for the members to pay more. Under prior law, cities could bargain only to share the cost of “optional benefits.” Some of the most costly optional benefits included using one-year final compensation (instead of a high three-year average) to calculate retirement benefits, increased cost-of-living adjustments and increased formulas such as “2 percent at 55” for miscellaneous members. Also under prior law, cost sharing had to be uniform for all miscellaneous members, so a city could not agree to share costs with a limited number of bargaining units. Even one small unit could hold up an arrangement approved by all others. In addition, prior law required that negotiation for this cost sharing occur before the optional

CITY OF FOUNTAIN VALLEY CITY MANAGER Known as “A Nice Place to Live,” the City of Fountain Valley is located in the heart of Orange County. The City Manager is responsible for the overall coordination of the City’s governmental activities as well as communicating organizational goals and values to the public. The successful candidate for the position of City Manager must be a public sector professional with outstanding judgment, management skills, and integrity. The City Manager will be highly organized and comfortable with a variety of municipal functions. The ideal candidate will also need to be energetic, self-confident, and have an open, approachable personal style. Bachelor’s degree in public administration, business administration, or a closely related field required. Master’s degree highly desirable. Completion of other leadership or credentialing programs is a plus. Salary up to $18,000/mo. or $216,000/annually, with an excellent benefit package. Candidates are encouraged to apply by April 26, 2013. Interested candidates should submit a compelling cover letter, comprehensive resume, salary history and six professional references via email to apply@ralphandersen.com Detailed brochure available at www.ralphandersen.com. Confidential inquiries are welcomed to Dave Morgan at (916) 630-4900.

Ralph Andersen & Associates

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benefit became part of the city’s CalPERS contract. While cost sharing could exist outside the CalPERS contract, this could be awkward for tax reasons and for accounting for member contributions. PEPRA made major changes to these rules; it is now much easier for cities to negotiate sharing of normal cost. Now a city and its bargaining units may broadly agree to share the cost of employer contributions. There is no need to tie the agreement to optional benefits. Cities also now may reach agreement with some but not all bargaining units to share costs. If one or more units do not agree, then implementation can still apply for the units that do agree. However, under the new law, sharing of normal cost cannot be imposed after impasse — at least until 2018, as discussed below. These new rules are not limited to new members. They apply to classic members as well. These changes in the law go a long way toward helping cities reach the goal of classic employees paying one-half of normal cost. Sharing More Than Normal Cost The change in PEPRA that expands cost sharing is not limited to normal cost. Any costs can be shared under the new rules. For example, a city could agree with its bargaining units that they will pay onehalf of normal cost and one-half of the unfunded actuarial accrued liability. Again, there is no requirement that this type of agreement be tied to any particular benefit. In addition, an agreement could be implemented unit-by-unit, with different agreements for each unit if that is wanted. Unit-by-unit agreement could be very helpful because different bargaining units may have different cash flow needs and may place different values on retirement benefits. Other Noteworthy Issues Imposition in 2018. Starting Jan. 1, 2018, if there is impasse on cost sharing, cities may impose the requirement of paying one-half of normal cost on bargaining units. However, the contribution imposed cannot be more than 8 percent

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Parks and Community Services Director City of Corona, CA The City of Corona (population 153,649) is conveniently located 25 miles from Southern California family theme parks and 45 miles from local beaches and Los Angeles in western Riverside County. Corona is now seeking a new Parks and Community Services Director to oversee a staff of 22 full-time and 128 part-time employees and an adopted FY 2012/2013 budget of $11.8 million. The Director is expected to monitor and stay informed of current trends in the parks and recreation industry, evaluate their impact on departmental operations, and recommend appropriate policy or procedural improvements. The Director is also accountable for the development, organization, and implementations of City recreation programs, including special events. Any combination of education and experience supplying the necessary knowledge, skills, and abilities would be qualifying; a typical candidate will have a bachelor’s degree with major course work in recreation, public administration, or a related field and seven years of progressively responsible experience in recreation and community services program development and administration. Candidates’ experience should include considerable supervisory and management experience. The salary range for the Parks and Community Services Director is $139,140$169,860; 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 April 26, 2013. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Leadership opportunities . . . Police Chief

City of Livermore

Community Planning & Building Services Director City of Carmel-by-the-Sea

Director of Finance & Information Technology City of San Luis Obispo

Visit the TB&Co. website for the latest information – www.tbcrecruiting.com Teri Black • 310.377.2612 Carolyn Seeley • 949.487.7606 Joe Brann • 310.265.7479

continued www.westerncity.com

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Opportunities to Save Pension Costs Through Collective Bargaining After Pension Reform, continued

Taxes. The federal tax laws allow employee contributions to be treated as pre-tax if they are “picked up” by the employer as a tax matter even though paid by the employee as a real economic matter. There is no guidance from the IRS on the tax treatment of employee contributions under cost sharing and PEPRA. However, as long as the city adopts the resolutions

of pay for miscellaneous members, 12 percent of pay for police and firefighters and 11 percent of pay for other local safety members. Unrepresented employees. Generally, cost sharing that applies to represented employees must also apply to “related nonrepresented employees” by resolution of the city. J

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Chief Financial Officer Las Vegas Valley Water District, NV The Las Vegas Valley Water District (District) was created in 1947 under a special act of the Nevada Legislature for the purpose of obtaining and distributing water, primarily in the Las Vegas Valley. The District is the largest municipal water purveyor in the state of Nevada, serving over 295,000 customers. The District is seeking an experienced professional who is willing to exercise independent judgment and initiative while always keeping the best interests of the District, its residents and the organization as a priority. The successful candidate will be a skilled finance manager with expertise in supervising and mentoring staff, and will bring a customer service focused approach to the Department. Candidates should be skilled at identifying problems in their early stages and be able to work collaboratively to develop the best solutions. Candidates with governmental finance and accounting experience are strongly encouraged to apply. The ideal candidate will have knowledge of the principles and practices of general, fund and governmental accounting including financial statement preparation and methods of financial control and reporting; as well as understanding of public agency budgeting, legal requirements for public agency capital financing. The Southern Nevada Water Authority functions associated with debt financing and management are essential duties of the selected candidate. The typical candidate will possess a bachelor’s degree in Finance, Accounting, Business Administration or a related field. At least seven years of senior level financial management experience is required. Candidates with public sector finance experience, a Master’s degree and/or CPA certification are strongly preferred. The salary range for the incoming CFO is $140,500 to $193,306. Placement within the salary range will be dependent upon qualifications. The District 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 at (916) 784-9080 should you have any questions. Brochure available. Closing date April 26, 2013.

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Any costs can be shared under the new rules. required by the tax law and does this before any newly increased member contributions are payable, there should be a reasonable basis for treating new costsharing contributions as pre-tax. Cities should consult legal counsel on this issue. Enhanced benefits. PEPRA recognizes that some government agencies will want to bargain to increase the current benefits provided to classic employees. Increases can be made as long as they apply only to service performed on or after the date of the enhancement. CalPERS has issued a proposed list of these optional benefits that are considered “enhancements.” Potential challenges by employees. Some employees or unions may believe that some of the new rules on cost sharing are not allowed by the vested rights rules and may challenge the ability of cities to negotiate and/or impose higher contributions without providing comparable new advantages. Whether this occurs and what the outcomes may be cannot be predicted at this time. Cities should consult legal counsel on this issue. Conclusion These new pension-reform rules open the way for cities to negotiate with their unions to control pension costs. Public employee pensions are generating substantial concern for taxpayers and local leaders alike throughout California — making this new flexibility critically important. ■

Looking for Footnotes? A fully footnoted version of this article is available online at www.westerncity.com.

www.cacities.org

Get Your Public Meetings Back on Track, continued from page 15

be heightened when participants are uncertain about how best to express their point of view. The Institute for Local Government offers a series of tip sheets (www.ca-ilg.org/onepagers) on how to make the most of the allotted speaking time, which local agencies can link to and/or distribute.

As a general practice or on specific issues, agencies may adopt reasonable regulations to ensure that everyone has a chance to speak and the agency can complete its business. Time limits should be applied in an even-handed manner, and decision-makers can serve as an example in keeping their comments limited to the issue at hand and avoiding repetition. Using speaker slips and announcing who will speak next, so they can be ready at the speaker’s podium when the previous speaker finishes, can also save time.

Providing multiple ways for residents to express their views can reduce the pressure on meeting time. Encourage letters and other communication mechanisms for the public to make their views known. At the meeting, ask for a show of hands or ask for a group to appoint a spokesperson and then give that person additional time. These techniques can enable decision-makers to gauge community sentiment while avoiding repetitive comments that prolong a meeting.

Engaging in active listening techniques can assure speakers that their views are being heard.

Conclusion Former U.S. Senator Barry Goldwater famously observed that one does not have to be disagreeable to disagree. Sen. Goldwater was not an individual without passion for his position, having

also said, “ … extremism in the defense of liberty is no vice [and] … moderation in the pursuit of justice is no virtue.” The point is that passionate leaders are most successful in pursuing their passions if they can find common ground with others to find and advance shared values and goals.

More Resources Online

A well-organized agenda, opportunities for public comment and following protocol among decision-makers are essential to an effective meeting. A successful meeting is one where everyone feels heard even if the outcome was not the one they wanted. ■

Read the online version of this article at www.westerncity.com for additional resources and links to related articles that address: •

Coping with grandstanders;

Maximizing the success of board-chief executive relations;

Chairing a meeting;

Dealing with emotional audiences;

Looking for Footnotes?

Promoting civility at public meetings; and

Creating a more collaborative, effective council.

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

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866.912.1919

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Western City April 2013