A Failure to Communicate – Restoring Trust and Accountability in Santa Cruz City Government

The City Council's conduct policy is insufficient to guide behavior and lacks enforcement provisions. AGREE x PARTIALLY DISAGREE – explain the disputed portion DISAGREE – explain why Response explanation (required for a response other than Agree): At the time this report was issued the Santa Cruz City Council did not have a conduct policy in place therefore the Council agrees with the statement that the City Council's conduct policy at the time this report was issued was insufficient to guide behavior and lacks enforcement provisions because one did not exist. However, on September 8, 2020 Council passed a Code of Conduct Policy that sufficiently guides behavior and includes enforcement provisions.

The onboarding process for newly elected Santa Cruz City Councilmembers is not adequate or timely, leaving them unprepared to act as a team and inadequately oriented on multiple subject matters. AGREE x PARTIALLY DISAGREE – explain the disputed portion DISAGREE – explain why Response explanation (required for a response other than Agree):

There are disagreements and a lack of transparency on how the City Council meeting agendas are set. AGREE X PARTIALLY DISAGREE – explain the disputed portion DISAGREE – explain why Response explanation (required for a response other than Agree): It is natural and expected for disagreements to occur amongst a seven member council, nonetheless, the process for how City Council meeting agendas are set is specified on of the Council Policy Manual and is available for all Councilmembers and the public to view. There are times when Councilmembers are not clear on how to track the progress of items they requested to be added to the agenda, leaving opportunities to improve the process on how meeting agendas are set.

Failures to amend City Council Policy 6.9 resulted in a lack of comprehensive guidelines to address interactions between City Council and City Staff. x AGREE PARTIALLY DISAGREE – explain the disputed portion DISAGREE – explain why Response explanation (required for a response other than Agree):

Lack of a well-defined social media policy leads to confusion about the appropriate use of social media. AGREE X PARTIALLY DISAGREE – explain the disputed portion DISAGREE – explain why Response explanation (required for a response other than Agree): The City of Santa Cruz currently has four existing policies governing appropriate conduct on social media: Council Policy 25.2 (Discrimination and Harassment Policy), Administrative Procedure Order II-1A (Discrimination/Harassment Policy Implementation and Complaint Procedure), Administrative Procedure Order Section II, 1B (Respectful Workplace Conduct) and Administrative Procedure Order Section I, 84 (Social Media Policy) that govern conduct on social media for employees, volunteers, Councilmembers, Commissioners, customers, contractors, and visitors. Our social media policy also specifically defines content that is allowable through official social media channels.

The public has lost confidence in the City Leadership’s ability to function effectively. x AGREE PARTIALLY DISAGREE – explain the disputed portion DISAGREE – explain why Response explanation (required for a response other than Agree): Based on the Gene Bregman & Associates public opinion poll, one can conclude that the results reported were representative of the public’s approval of City Council’s performance at that time.

The designation of a City Council position as part-time, with insufficient compensation, may limit the candidate pool and negatively affect City Council performance. x AGREE PARTIALLY DISAGREE – explain the disputed portion DISAGREE – explain why Response explanation (required for a response other than Agree): While insufficient compensation may be one factor that can limit the candidate pool and negatively affect City Council performance, there are several other factors that may limit the candidate pool and negatively affect City Council performance such as the environment and length of the council meetings.

The City does not have an elected Mayor position which limits the ability of voters to assign accountability when City government is dysfunctional and ineffective. AGREE x PARTIALLY DISAGREE – explain the disputed portion DISAGREE – explain why Response explanation (required for a response other than Agree): The ability of the Council to work together effectively, in this previous case, likely had nothing to do with the Council’s structure and more likely had to do with the actions of individuals and the relationships between members of the Council. Ultimately, accountability happens through the election process, whether by recall or during regular elections.

Lack of trust among City Councilmembers impedes constructive discourse and decision making. x AGREE PARTIALLY DISAGREE – explain the disputed portion DISAGREE – explain why Response explanation (required for a response other than Agree):

Major conflicts and dysfunctions were recognized by City Staff, City Council, and the public in February 2019, but there was a failure to seek remediation for those conflicts until October 2019. AGREE x PARTIALLY DISAGREE – explain the disputed portion DISAGREE – explain why Response explanation (required for a response other than Agree): After recognizing conflicts in February, City Staff and members of the City Council participated in a communication workshop shortly after to help address communication issues amongst councilmembers. As conflicts and dysfunctions continued to arise, an independent investigation was conducted to determine the validity of the issues being reported and to ensure an appropriate remediation response. After the investigation concluded remediation efforts began immediately. At all times, when major conflicts and dysfunctions became evident, City Manager Martin Bernal held one-on-one conversations with involved individuals in an effort to immediately and directly address the issues. Staff and Council recognize that there is room to clarify and strengthen this process.

Without a current, detailed strategic plan, the City Staff and City Council goals and objectives are unclear. x AGREE PARTIALLY DISAGREE – explain the disputed portion DISAGREE – explain why Response explanation (required for a response other than Agree):

Poor performance and antagonism at City Hall resulted in lost opportunities and could impair the City's ability to raise money. AGREE x PARTIALLY DISAGREE – explain the disputed portion DISAGREE – explain why Response explanation (required for a response other than Agree): Although the Gene Bregman & Associates public opinion poll showed that the percentage of residents who reported that City leadership was doing an “excellent job” was at an all-time low, the results also showed that the community continued to care about the services and quality of life provided by continuing to support increasing taxes at the time the poll was conducted.

The City Council's inability to control disruptive behavior during meetings increases meeting length and inhibits a representative cross-section of the public from participating. AGREE x PARTIALLY DISAGREE – explain the disputed portion DISAGREE – explain why Response explanation (required for a response other than Agree): There are several other factors can lead to an increase in meeting length and can inhibit a representative cross-section of the public from participating.