Western City December 2012

D E C E M B E R 2 0 1 2 | T h e M o n t h l y M a g a z i n e o f t h e L e a g u e o f C a l i f o r n i a C i t i e s

www.westerncity.com

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

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CONTENTS3

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Calendar of League Events

President’s Message Cultivating Transparency In Your City By Bill Bogaard

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 hap-

pening here?”

City Forum Tools for Enhancing TransparencyBy Eva Spiegel

Cities throughout California are

engaged in a variety of efforts to

make local government opera-

tions 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.

Legal Notes Filarsky v. Delia: An Unqualified Win for Qualified ImmunityBy 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.

Everyday Ethics for Local OfficialsBlind Spots: Money, Public Service and the Ethical Hazards of Self-InterestRecent media coverage of pub-

lic 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.

California Cities Helen Putnam Award for ExcellenceSanta Clarita’s Neighborhood Approach Builds Trust and Community Involvement

Job Opportunities

Professional Services Directory

On the RecordHow does your city engage the community in local government?

Cover Photo: Yellowj/Shutterstock

This Month

League of California Cities www.cacities.org2

leagueventsJANUARY 201316 – 18New Mayors and Council Members Academy, SacramentoThis vitally important training prepares newly elected officials for the demands of office and introduces them to the legal constraints on city councils.

17 – 18Policy Committee Meetings, SacramentoThe League’s policy committees review issues of interest to cities statewide and make recommendations to the League board of directors.

18Legal Advocacy Committee Meeting, SacramentoThe committee reviews and recommends friend-of-the-court efforts on cases of significant statewide interest to California cities.

30 – February 1City Managers Department Meeting, San FranciscoGeared to the unique needs of city managers, this conference covers issues affecting cities throughout California.

FEBRUARY7 – 8Board of Directors Meeting, PasadenaThe League board reviews, discusses and takes action on a variety of issues affect-ing cities, including legislation, legal advocacy, education and training, and more.

27 – March 1Public Works Officers Institute, PasadenaDesigned for professionals at every career level, this conference covers the latest developments in public works.

27 – March 1Planning Commissioners Academy, PasadenaTailored to meet the needs of planning commissioners, planning directors, plan-ning staff and other interested officials, the academy offers sessions on the major planning and land use issues facing cities.

ExecutiveDirectorChris McKenzie

Second VicePresidentTony FerraraMayorArroyo Grande

First VicePresidentJosé CisnerosTreasurerSan Francisco

PresidentBill BogaardMayorPasadena

ImmediatePast PresidentMichael KasperzakMayorMountain View

1400 K StreetSacramento, CA 95814(916) 658-8200Fax (916) 658-8240

Magazine Staff

Editor in Chief Jude Hudson (916) 658-8234email: [email protected]

Managing Editor Eva Spiegel (916) 658-8228email: [email protected]

Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256email: [email protected]

Administrative AssistantAnita Lopez(916) 658-8223email: [email protected]

ContributorsKoreen KelleherJoAnne SpeersPatrick Whitnell

Associate EditorsCarol MalinowskiCarolyn Walker

DesignPat Davis Design Group, Inc.

For photo credits, see page 17.

For a complete list of the League board of directors, visit www.cacities.org/board.

Western City (ISSN 0279-5337) is published monthly by the League of California Cities, 1400 K St., Sac-ramento, 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.

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.

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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/westerncitywww.facebook.com/LeagueofCaCities

Event and registration information is available at www.cacities.org/events.

Western City, December 2012www.westerncity.com 3

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-

dals and unethical actions by public servants in other

communities. If one community encounters a problem,

it can reflect badly on all. 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?”

Perhaps 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.

Posting Public Information: Proactive and Pre-emptiveA number of cities and local agencies post a broad spectrum of public information online, including:

• Howthedecision-makingprocessfunctions;

• Meetingnoticesandagendas;

• Anexplanationofhowamemberofthepubliccanparticipateinmeetings;

• Current-yearbudgetandexplanatoryinformation;

• Comprehensivefinancialreportsandaudits;

• Salaryandcompensationinformation;

• Jobdescriptions;

• Informationaboutcontractsandpurchasing;

• Financialpolicies;and

• Contactinformationforstaffwhocananswerquestionsaboutany of the posted items and provide additional information.

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 present-ed as part of an effort to discredit the city oritspublicofficials.However,suchrisksareoutweighedbythebenefitsofassuringyour 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 common-ly 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 Op-portunities 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 avail-able online, what else can cities do to fos-ter a culture of transparency and openness?

Decision-Making in the Public’s Interest

Another strategy is to demonstrate, by both actions and words, one’s commit-ment to making decisions based on what best serves the public’s interest.

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 ofthehabitofhavingthefirstquestioninanydifficultsituationbe“What’stheright 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 require-ments 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, butdecision-makers’personalfinancialgain 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’strustandconfidenceindecision-makers and in government overall.

Involving the Public in Decision-Making

Another way to promote a culture of trust and transparency is by engaging the pub-lic in the decision-making process, thus fostering an active and involved commu-nity. This involves several elements:

• Informingthecommunitysopeoplehave the capacity for and interest in participatingintheprocess;

• Givingresidentsongoingopportunitiestobecomeinvolved;

• Learningfromtheexperience;

• Refiningtheseapproaches;and

• Makingthesepracticesaninherentpartof how the city conducts business.

Helpful tools in such an effort include citizen academies and partnerships with groups such as community-based organi-zations, local congregations and business groups. Conducting outreach through lo-cal ethnic media and informal communi-cation 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, increasetheirconfidenceintheprocessandtheirelectedofficials.

The issue of engaging the community is presented in depth in the article “Trans-parency 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 decision-making. However, the League does offer a number of helpful tools for cities that are working to improve transparency. The

Cultivating Transparency in Your City, continued


“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 willfindthere.Inaddition,everyothermonth Western City features the “Every-dayEthicsforLocalOfficials”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 commit-ment. But as Thomas Jefferson said, “In-formation is the currency of democracy.” Aslocalelectedofficials,wecanserveourcommunities most effectively when we work in an open, transparent, inclusive and straightforward manner. n

Resources to Help Local Officials Promote Transparency

The Institute for Local Government (ILG) offers a wide range of re-

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 materi-

als (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 Engage-

ment. 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.

ILG provides a variety of resources for local officials, including analy-

ses of everyday ethical dilemmas that public officials face (www.ca-ilg.

org/EverydayEthics), plain-language explanations of public service

ethics laws (www.ca-ilg.org/ethicsbasics) and tools for promoting public

service ethics (www.ca-ilg.org/ethics-tools).

More Resources Online

For links to related resources and additional information, read the online version of this article at www.westerncity.com.

A number of cities and local agencies post a broad spectrum

of public information

online.

League of California Cities www.cacities.org6Eva Spiegel is director of communications for the League and can be reached at [email protected].

Tools for Enhancing

by Eva Spiegel

Cities throughout California are en-gaged in a variety of efforts to make local government operations as transparent as possible. Open government is the corner-stone of a healthy democracy. As media scrutiny has increased around issues oftransparency,localofficialsincreas-ingly need resources that can be readily accessed and shared with reporters, resi-dents and other interested parties.

The topic of open government encom-passes several major areas, including:

• Openmeetinglaw(theBrownAct);

• Openrecordslaw(thePublicRecordsAct);

• Publicemployeecompensation;and

• Ethicsanddecision-making.

The theme of transparency runs through all of these areas. Transparency is im-portant 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 practi-caltoolsandresourcesforcityofficialsto 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 electedandappointedofficials,thepressand the public. This publication addresses topics such as:

• Publicparticipationinmeetings;

• Informalgatherings;

• Publicnoticeofmeetings;

• Agendarequirements;

• Recordsandrecordings;

• Thepublic’splaceontheagenda;

• Labornegotiations;and

• Closedmeetings.

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 require-ments of the California Public Records Act, which is central to conducting gov-ernment 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)isthenonprofitresearchaffiliateofthe League and the California State Asso-ciation 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 materialforlocalofficialsandstaffonboth legal and ethical issues that local officialsencounteraspublicservants.Ex-plaining such technical subjects in terms that are easily understood is a hallmark of ILG resources.

ILGalsohelpslocalofficialscomplywith the biennial training requirement

(established by AB 1234) that covers ethics and transparency laws and prin-ciples. ILG offers such training at con-ferences 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-ab-1234-training for more information about ILG resources in this area.

In addition to the materials and training, ILG provides content for Western City, in-cluding the bimonthly “Everyday Ethics forLocalOfficials”column.

Western City Articles Cover Open Government

Western City features ongoing coverage of the subject throughout the year. In addi-tion 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 avail-able at www.westerncity.com.

An Easy Way to Access Transparency Resources

Youcanfindalloftheseresourcesataone-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 compen-sation, best practices, transparency laws and open government. n


About Legal NotesThis 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.

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 govern-

ment to sue that person for damages. An important shield against Section 1983 lawsuits is the doctrine of qualified immu-

nity, which protects government defendants from liability as long as their conduct did not violate clearly established law.

Kent J. Bullard is a partner with the law firm of Greines, Martin, Stein & Richland LLP and can be reached at [email protected].

Given the prevalence of both Section 1983 actions and cities’ use of private contrac-tors, such as attorneys, to perform govern-ment functions, the issue of whether privatecontractorsalsoenjoyqualifiedimmunityhasapotentiallysignificantimpact 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 deci-sion in the Filarsky v. Delia case. The court held in Filarsky that a private attorney who was retained by a city to assist in investi-gatingafirefighter’spotentialwrongdo-

ing was entitled to seek the protection of qualifiedimmunity.Thisbodeswellforallcities that hire contract or temporary city attorneys and other workers to perform government functions.

Using Private Attorneys To Perform Government Functions “Inaneraofever-increasingfiscalconsciousnessbroughtonbyfinancialconstraints, local government agencies are constantly exploring methods of

continued on page 18

Filarsky v. Delia: An Unqualified Win for Qualified Immunityby Kent J. Bullard


Blind Spots: Money, Public Service and the Ethical Hazards of Self-Interest

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.

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 portrayspublicofficialsonthetake.

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 prosecu-tions, 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 whattheydidwasaseriousbreachoftheirresponsibilitiesaspublicofficials?

AnswerAn 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 over- estimate their commitment to ethical decision-making.



Everyday Ethics for Local Officials

Blind Spots: Money, Public Service and the Ethical Hazards of Self-Interest


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.

Some Public Sector Examples

One possible example may be the recent criminalconvictionoflocalofficialsin Southern California for accepting stipends for sitting on various commis-sions that appeared to do little work. Theelectedofficialswerechargedwithmisappropriating public funds when they collected stipends for meetings that didn’t occur or lasted only a few minutes. The officials’defenseattorneyshaveindicatedthat they will appeal.

People have also asked how the elected officialsandstaffintheCityofBellcould

have thought it appropriate to pay them-selves such generous salaries or, as in one case, feel it appropriate to sue for more money after being terminated.

Misuseofcreditcardsbyelectedofficialsand staff remains a persistent topic in the news.

Sometimes the lapses are even more seri-ous.Thisincludesinstanceswhenofficialstakemoneyinexchangeforofficialac-tions, which of course can lead to charges of bribery and/or extortion.

Apartfromwhetherthespecificfactsandlaws mean that these types of behavior constitute a criminal offense, how could theseofficialsandothersthinkthattheywere 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 of-ficialsneveraskedthemselvesorotherswhether 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 hu-man tendency to rationalize behavior.

In the prosecution for accepting the meeting stipends, one of the reported defenseswasthattheofficialshadputinmany years of service to the community. Along similar lines, another elected of-ficialfacingbriberychargeswasreportedas 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 commitmentandmanysacrifices.Andoften public employees could indeed make more money in the private sector or if they were compensated for all their volunteer work.

People can make an analytical wrong turn by using these facts to justify ad-ditional forms of compensation. This can take several forms, including stipends for seemingly nominal activities, use of publicresourcesforpersonalbenefit,capitalizing on their positions to promote businessorfinancialinterestsandaccept-ing meals, entertainment or other forms of gifts.

One of the most troubling dynam-icsidentifiedinBlind Spots is evidence suggesting that individuals feel a greater license to engage in questionable behavior

Blind Spots: Money, Public Service and the Ethical Hazards of Self-Interest, continued

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.


after having engaged in worthy behav-iors. Given that public service is indeed a worthybehavior,itcouldbethatofficialsneed to be particularly careful to avoid the trap of thinking that their worthy service counterbalances any questionable benefitstheofficialclaimsasaresultoftheirpublicoffice.

“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 mediaasksofficialstojustifypotentiallyquestionable 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 ob-served 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.

It’s not uncommon

for people to have

selective memories.

They remember

behavior that sup-

ports a self-image

of being ethical and

forget actions that

are inconsistent with

that image.

continued

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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) be-ing 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 othersanctions.Thelawdoesn’tdefinewhat the best course of action is in any given situation.

However, legal considerations can be a dominant element of the analysis of what publicofficialsdo.Becauseofthis,theauthors 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 contrib-utes to another human tendency, which is to assign responsibility for transgressions

to others. For example, attorneys in the Southern California case argued that their clients should not be criminally responsi-ble for their actions because city attorneys and city managers never alerted them that the commission pay might be illegal. If theofficialswerethinkingaboutwhat’sright as opposed to what’s legal, others’ al-leged failures would be irrelevant.

While most public agency profession-als 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-whistle-blows.)

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 be-haviors that undermine public trust and confidenceinlocalofficials).Theauthorsof 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 agencyprofessionalsfindthemselvesusing 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

When confronted with wrongdoing, often the denial is quite emphatic. For

People overlook the ethical dimension when it’s time to make a decision involving ethical issues.

Blind Spots: Money, Public Service and the Ethical Hazards of Self-Interest, continued

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.

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

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 inno-cence, I wouldn’t put my life sav-ings [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 uncom-mon for people to have selective memo-ries — remembering behavior that sup-ports a self-image of being ethical while forgetting actions that are inconsistent with that image. Other denial dynamics includeredefiningwhatisethicalandwhat is not, deflecting blame and ratio-nalizing that “everyone does it.”

What to Do

The authors of Blind Spots note that eth-ics codes and other forms of regulations are imperfect tools for achieving better behavior. In part, this is because such de-vices reflect only the “tip of the organiza-tion’s ‘ethical infrastructure.’”

Moreover, research suggests that rules can make the situation worse because the compliance system took the ethical ele-ment 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 decision-making 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:

• Thinkinginadvanceabouthowone’s“wants” may interfere with one’s moti-vationtomaketherightdecision;and

People overlook the ethical dimension when it’s time to make a decision involving ethical issues.

• Preparingoneselftoexerciseadditionaldiscipline to make decisions that align more with one’s values.

Foragencies,thefirsttaskistoun-derstand 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 andlocalagencyofficials.Whatsignalsdorespectedleaderswithinthefieldsendabout 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 trustandconfidenceinlocalagencyinstitutions, these are all wise questions to ask. n

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www.cacities.org14 League of California Cities

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.

Santa Clarita’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 low-

income Hispanic immigrant families. Most of these residents do not speak English and are often fearful of

local government and law enforcement personnel.

www.westerncity.com Western City, December 2012 15

Santa 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 com-posed of law enforcement and city staff played a vital role in the effort to connect with the community. The team mem-bers 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 represen-tatives, also helped as needed. The team collaborated with residents to develop local

civic leaders, foster understanding among neighbors, build bridges between residents and team members and cultivate trust.

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 Sher-iff ’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, mu-sic, boxing, dance, cheerleading, arts and craftsandfieldtrips.

These efforts laid the foundation for trans-forming the neighborhood and empower-ing residents to effect positive change.

Neighborhood Improvements and Decreased Crime

Santa Clarita’s Neighborhood Services Team and outreach program produced significantresults.Bytakingactionon

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 resi-dents who received citations for code vio-lations 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.

SantaClaritahosteditsfifthannualCommunity Pride Day in East Newhall in April 2011 with a 50 percent increase in attendance. More than 250 volunteers participated in various neighborhood beautificationprojects.Forthefirsttime

left to right 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.



J O B O P P O R T U N I T I E S

Display Advertising

Call Pam Maxwell-Blodgett at (800) 262-1801 to place a display (boxed) ad or for rate and deadline information, or email [email protected].

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, admin-istrative assistant; email: alopez@ cacities.org; phone: (916) 658-8223.

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

City of ArtesiaArtesia 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 manage-ment. A Bachelor’s degree is required (Masters preferred) along with a minimum of 5 years’ experience.

Salary and benefits are DOQ. Send resumes to [email protected] by 5:00 p.m. on 1/28/2013. For information call 714-837-7502.

The Director is responsible for all activi-ties of the Community Development Department, including development/ environmental review, planning, build-ing and safety, code enforcement, hous-ing 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.

Application packet available at www.cityoffullerton.com or 714-738-6361. Filing Deadline January 3, 2013. EOE

Director of Community Development

CITY OF FULLERTON, CA

Salary control point: $161,431

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• 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 protected]

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phone 916•784•9080fax 916•784•1985

www.bobmurrayassoc.com

Chief Information Officer, Clark County, NVClark 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 indi-vidual 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 provision-ing, technical and communication services delivery, cyber security approach, datacenter and network operations and customer support activities. Knowledge of systems development meth-odologies 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, Busi-ness 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.

Deputy Finance DirectorCity 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.

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

SEWD is a water conservation dis-trict authorized by the California Legislature to secure supplemental surface water sources to provide a sustainable water supply for agri-cultural and urban users, and resi-dents that rely on the San Joaquin County Sub-Basin of the San Joa-quin 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, engineer-ing, 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 wa-ter, wastewater, or similar private or public entity, including at least 2 years experience reporting to an entity owner or governing board.

Submit cover letter, resume, current salary, and five work-related

references to: Bronda Silva at [email protected] or 7095 Murdock Way, Carmichael, CA

95608, (916) 752-7088.

The job brochure is available on-line at http://sewd.net/employment-

opportunities.htm

Stockton East Water District

GENERAL MANAGER$125,871-$152,988 base annual salary plus excellent benefits

Photo/art credits Cover: Yellowj/ShutterstockPage 3: Markjb/ShutterstockPages 4, 5: Vladitto/ShutterstockPage 5 sidebar: Steve Baker/ShutterstockPage 6 sun: Vlad09/ShutterstockPage 6 background: MaxPhotographer/ShutterstockPage 7 top: Fstockfoto/ShutterstockPage 7 bottom: Gary Blakeley/Shutterstock

Page 10: Mincemeat/ShutterstockPage 11: Andrzej80/ShutterstockPage 13: Pi-Lens/ShutterstockPages 14, 15: Courtesy City of Santa Clarita and League of California CitiesPage 18: Rob Byron/ShutterstockPage 20: Pilar Echevarria/ShutterstockPage 25: Jude Hudson



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 Privatiz-ing Municipal Legal Services, remains aptinthechallengingfinancialcircum-

stances most local government agencies face today. One tool that cities have used to continue providing services in a cost-effectiveandfiscallyresponsiblemanneris municipal outsourcing. Indeed, hun-dreds of cities in California contract out the position of city attorney to a private attorneyorlawfirm.

Inadditiontothefinancialconsiderationsthat drive outsourcing, cities long have retained private attorneys on a temporary basis for a variety of reasons, including:

• Limitationsonin-housestaffresourcesand 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 maylacksufficientlegalstaffforespe-ciallylargetasks;

• Theneedtosecurespecializedexper-tise that in-house attorneys for a city, whether small or large, may need for a particularmatteroralimitedtime;and

• Theneedtoavoidactualorpotentialconflicts of interest and to secure inde-pendent legal opinions.

A city’s use of a private attorney with spe-cialized experience in personnel matters and with particular expertise in conduct-ing internal affairs investigations became the subject of the Filarsky case.

Background on the Filarsky CaseIn Filarsky, the Ninth Circuit Court of Appeals had earlier concluded that the firefighter’sFourthAmendmentright

Filarsky v. Delia: An Unqualified Win for Qualified Immunity, continued from page 7

phone 916•784•9080fax 916•784•1985


City Manager, City of Marina, CAThe 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.

Public Works Director/City Engineer(An at-will position)

City of Carson, CaliforniaSalary: $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 employment application is required.

For additional information regarding this excellent career opportunity, please call City of Carson Human Resources @ 310.952.1736 MondayThursday, 7:00 a.m. – 6:00 p.m.

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.



qualifiedimmunitystronglyfavorimmu-nity for private contractors performing government services. Affording immunity would:

• Avoid“unwarrantedtimidity”incarry-ingoutthepublic’sbusiness;inFilarsky, the plaintiff ’s attorney had expressly

threatened suit against everyone involved intheinvestigation;

• Makeitlesslikelythatthe“mosttalented candidates will decline public engagements”;

against an unreasonable search was violated during the internal affairs in-vestigation. Recognizing, however, that the investigating conduct violated no clearly established law, the Ninth Circuit grantedqualifiedimmunitytoalltheindividuals involved in conducting the investigation — except the private attor-ney retained to assist the city. The Ninth Circuitdeniedqualifiedimmunitytohim solely because he was not a perma-nent, 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 Associa-tion 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 justificationfordistinguishingbetweengovernment employees and private indi-viduals temporarily retained by the gov-ernment to carry out its work. The court firstexplainedthatwhenthecivilrightslaws 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 con-cluded that the public policies underlying

The Supreme Court’s opinion allowing quali-fied immunity should prevent rate increases and ensure a better pool of available workers.

continued

phone 916•784•9080fax 916•784•1985


Human Resources Director, City of Napa, CAThe 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 respon-sible, 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.

Administrative Services Director/Director of FinanceCity 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



• Preventprivateindividualsfrombeing“left holding the bag” for actions taken in conjunction with government em-ployeeswhoenjoyimmunity;and

• Preventgovernmentemployeeswhoenjoy immunity from nevertheless becoming embroiled in ongoing litiga-

tion against the private contractor, for example, by being required to testify.

The court also wanted to eliminate dif-ficultproblemsofdrawingdistinctionsthat might ensue if immunity depended on whether an individual was categorized as a private contractor versus a govern-ment employee.

Significantly,thecourtverynarrowlyconstrued and distinguished its two prior precedentsdenyingqualifiedimmunityfor “private” individuals as being limited to their particular circumstances and inapplicable to the “typical case of an in-dividual hired by the government to assist in carrying out its work.” The court also pointed out that the availability of quali-fiedimmunityshouldnotdependonacity’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 indi-viduals.” As the opinion states: “There is no reason [the City of ] Rialto’s internal affairs investigator should be denied the qualifiedimmunityenjoyedbytheoneswho work for [the City of ] New York.”

How Filarsky Benefits CitiesThe court’s opinion in the Filarsky case validates the reasons that cities have long retained private attorneys to perform gov-ernmentservices—specifically,limitedresources and the need for specialized ex-pertise. Going forward and on a broader basis, the Supreme Court’s opinion avoids the pitfalls threatened by denying quali-

Filarsky v. Delia: An Unqualified Win for Qualified Immunity, continued

phone 916•784•9080fax 916•784•1985


Finance Director, City of Cotati, CAThe 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•9080fax 916•784•1985


Police Chief, City of Casa Grande, AZThe City of Casa Grande, AZ (year-round population 51,000) is a dynamic and in-volved 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 com-munity and the Department have grown dramatically, the new Chief will be ex-pected 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.bobmur-rayassoc.com. Please contact Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date January 9, 2013.

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



permanent or full-time employee, or on some other basis.”

ConclusionThe Filarsky case is a huge win for cit-ies that use contractors and temporary employees. The Supreme Court’s opinion

allowingqualifiedimmunityshouldprevent 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

fiedimmunityinSection1983casestoall private individuals hired to perform government services.

The court’s unwillingness to allow private attorneys to be “left holding thebag”significantlybenefitsnotonlyprivate 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 couldnotavailthemselvesofqualifiedimmunity, then insurance and indem-nity 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 provid-ing government services or performed themlessfearlesslywithoutqualifiedimmunity.Whilelessqualifiedorlessexperienced 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 ofqualifiedimmunity.Instead,privateat-torneys carrying out public functions may assertqualifiedimmunity.Asafurtherboon to cities, the Filarsky opinion is not limited to the private-attorney context — it is now the norm in typical cases of con-tractors 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

phone 916•784•9080fax 916•784•1985


Administrative Services Director City of Union City, CAUnion 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.

Police ChiefCity 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


P R O F E S S I O N A L S E R V I C E S D I R E C T O R Y

since the event’s inception, there weren’t enough tasks to keep residents busy — therewasnograffititoremoveandverylittle trash to pick up. Instead, volunteers planted flowers, removed unsightly chain-link fences and graded a trail leading from the community center to a local park.

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, cityofficialsandlocallawenforcementpersonnel were able to strengthen the neighborhood’s capacity to create positive changes and improvements.

The program cultivated trust and bridged prior communication gaps be-tween residents and the city. As a result,

neighborhood leaders emerged and East Newhall was transformed into a safer, stronger community.

Collaboration and resource-sharing were critically important to the pro-gram. The population of Santa Clarita increased by more than 45,000 people from 2000 to 2010. This growth com-bined with a depressed economy resulted in scarce resources both for residents and the city. Santa Clarita pooled the resources and expertise of residents and stafffrommultipleagenciestoefficientlyand effectively address vital issues of public safety and well-being.

“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.

As times have changed, so has the city’s needtocreateneighborhood-specificservices. Santa Clarita is inspiring change by acting as a partner and a resource to neighborhoods, rather than attempting to imposeimprovementsthroughfinesandpunitive measures.

“Cities are in the unique position of being able to collaborate with multiple stake-holders and share resources to provide programs and services for communities in need,” says City Manager Ken Pulskamp. “By using a hands-on, neighborhood-oriented approach, staff helped build community relationships and develop trust between the residents of East Newhall, the city and local law enforcement.”

Contact: Hope Horner, community services administrator, City of Santa Clarita; phone: (661) 250-3718; email: [email protected]. n

Santa Clarita’s Neighborhood Approach Builds Trust and Community Involvement, continued from page 15

Headquarters Office400 Oceangate, Suite 510

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How does your city engage the community in local government?

Kathryn McCulloughMayorLake Forest

We conduct several out-reach efforts for every program and seek ex-tensive public input. Our citizens are very involved; they take votes every two years to help prioritize our capital projects.

This summer we hosted a free community garden and a food kitchen every Thursday. It provided an easy way to connect with our residents.

Mary Helen ReynagaCouncil MemberSan Joaquin

Michael PonceMayor Pro TemAvalon

Our community is so small that residents often plan their evenings around council meetings. A heated issue will mean the council chambers are filled.

Cheryl Viegas-WalkerCouncil MemberEl Centro

Every council member is involved in multiple community organiza-tions and events, which gives us a way to work collaboratively and build a collective network.

Wayne LeeCouncil MemberMillbrae

We are a bedroom commu-nity; we use a free social media service to reach res-idents. We also reach out to parents through their children in our recreation and youth programs.

I publish my home phone, cell phone and email ad-dress in everything I send out, and I encourage peo-ple to contact me whether they seek a solution or just want to talk.

Russ BlewettMayorHesperia

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.

For a complete list of Beacon Award Program participants, please visit: www.ca-ilg.org/BeaconAward/Participants

Learn more at: www.ca-ilg.org/BeaconAward/ParticipantAccomplishments

Arcata12% Electricity Savings

Beaumont17% Electricity Savings

Benicia12% Electricity Savings8% Natural Gas Savings

Brea30% Electricity Savings

Chula Vista15% Electricity Savings30% Natural Gas Savings

El Cerrito14% Electricity Savings

Hayward10% Electricity Savings

Livermore8% Electricity Savings

Manhattan Beach26% Electricity Savings

Palm Springs9% Electricity Savings

Redlands5% Electricity Savings

San Rafael5% Electricity Savings

Santa Clarita26% Electricity Savings

Simi Valley5% Electricity Savings

Sonoma County10% Electricity Savings

South Gate12% Electricity Savings

Tulare16% Electricity Savings

Union City 11% Electricity Savings

Ventura 11% Energy Savings

West Covina22% Energy Savings

Spotlighting Energy E�ciency Savings in Agency Facilities

Local Leadership Toward Solving Climate Change

Recognizing California Cities and Counties

Beacon Award:

10 BestPracticeAreas Energy

E�ciency

GreenhouseGas Emissions

BEACON AWARDCRITERIA

Western City December 2012

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Transcript of Western City December 2012