HomeMy WebLinkAbout8 Code of Conduct Agenda Item # 8
mow' 'TRUCKEE . .
Public utility District
Memorandum
To: Board of Directors
From: Tim Taylor, Board President
Date: March 28, 2007
Subject: Code of Conduct
Why this matter is before the Board: Over the past few months, my personal
frustration of the atmosphere during recent meetings and from comments raised
by several members of the public has led me to the initiative to introduce a
DRAFT resolution suggesting that the TDPUD Board of Directors adopt a formal
Code of Conduct. A DRAFT resolution was presented to the Board of Directors
at the March 21, 2007 regular board meeting for initial discussion.
History: The Board has been through a challenging period recently with
significant controversy about power supply issues, conservation, public outreach
and general public perception of the overall operation of the District. These
issues generated significant passionate public input. The Board meetings have
occasionally become chaotic which, in my opinion, has hampered the Board's
ability to engage in quality public discussion. There will be other times when
controversial matters will come before the Board and I believe that we need to
firmly establish a process that is part of the culture of the organization, to treat
one another with respect and to evaluate debate and decide issues in a
professional manner. As a result, I have suggested that the Board adopt a Code
of Conduct to manage Board processes and public input.
New information: Attached is a copy of a DRAFT Code of Conduct that was
discussed at the last meeting. A few edits have been made as a result of the
Board's discussion. I am also attaching for your review a few examples of Codes
of Conduct used by other agencies.
Recommendation: I recommend that the Board approve the resolution adopting
the Code of Conduct.
RESOLUTION
Establishing a Code of Conduct for the Board of Directors
WHEREAS the Truckee Community has established the Truckee Donner Public Utility District
(District)to provide essential services needed to support the prosperity and general wellbeing of
the community; and
WHEREAS the District's powers and responsibilities are set forth in the California Public Utility
District Act; and
WHEREAS that Act requires the election of a Board of Directors to govern the District by meeting
in accordance with the California law known as the Brown Act; and
WHEREAS the Board of Directors is required to consider complex facts and make many
important decisions that impact the prosperity and general wellbeing of the Truckee Community;
and
WHEREAS the voters of the District have elected a Board of Directors to govern the District, and
that Board hereby states that it recognizes the importance of making sound reasoned decisions in
a timely and efficient manner; and
WHEREAS the Board hereby recognizes the importance of deliberating and making decisions
using a process that is orderly, efficient, civil,fact based and proceeds in a timely basis; and
WHEREAS the Board wishes to define and adopt a Code of Conduct establishing the Board's
process of governance;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE TRUCKEE
DONNER PUBLIC UTILITY DISTRICT THAT THE FOLLOWING CODE OF CONDUCT IS
ADOPTED.
General
The Board of Directors shall perform its duties in accordance with the processes and rules set
forth in this Code governing the deliberation of public policy issues, meaningful involvement of the
public, and implementation of policy decisions of the Board by District staff.
• The Board shall make its decisions based on the merits and substance of the matter at
hand, rather than on unrelated considerations;
• The Board shall conduct its business in a manner that supports the maintenance of a
positive and constructive work place environment for District staff, private citizens and
businesses dealing with the District;
• Directors shall prepare in advance of Board meetings and be familiar with issues on the
agenda;
• Directors shall fully participate in Board meetings while demonstrating respect,
consideration and courtesy to others;
• Directors shall become familiar with Rules of Procedure and this Code of Conduct; and
• Directors shall be responsible for the highest standards of respect, civility and honesty.
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Directors Conduct with One Another
The Board of Directors is composed of individuals with a wide variety of opinions and all have
freely chosen to serve in public office. It should be recognized that disagreements will develop
and need to be accommodated in a courteous manner.
In public meetings the Directors shall:
• Practice civility and decorum in discussions and debate;
• Honor the role of the Board President in maintaining order and equity. Respect the
Board President's efforts to focus discussion on current agenda items. Objections to the
President's actions should be voiced politely and with reason;
• It shall be the duty and responsibility of the Board President to ensure that the rules of
operation and decorum contained in the Code of Conduct are observed;
• The Board President shall maintain control of communication between Directors and
between the Directors and staff and public;
• Directors should request and be recognized by the Board President before speaking.
When one Director has the floor and is speaking other Directors shall not interrupt or
otherwise disturb the speaker;
• Be respectful of other people's time. Stay focused and act efficiently during public
meetings. The work at hand is important and decisions must me made;
• Staff members assist the General Manager in presenting information to the Board of
Directors and shall be a resource to the Directors to answer questions arising during
discussion.These discussions shall remain focused on the agenda topic in accordance
with the Brown Act;
• District General Counsel shall act as Parliamentarian to assist the Board President in
matters,regarding procedure, enforcement of this Code of Conduct and compliance with
the Brown Act so that the Board actions remain orderly and proper; and
• The Board President may limit the time any Director or other speaker has to address the
Board so that the business of the Board appearing on the agenda can be dealt with
efficiently.
Rules Regarding Public Input
It is recognized that an important element of governing the District within the traditions of
democracy require and benefit by citizen input. It is also recognized that the Brown Act requires
that the Board's meeting agenda provide for the opportunity for public input. It is also recognized
that the Board of Directors of the District shall accept public input and consider it seriously.
In public meetings the Directors shall:
• Listen to public input in a respectful and civil manner;
• Directors shall not engage presenter of public input in dialogue, but shall, at the
conclusion of public input, discuss and decide the appropriate response to the input;
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• Public input shall be limited to three minutes per presenter, or as deemed appropriate
from the Board President, to provide time for the Board of Directors to efficiently conduct
other business on its agenda; and
• Equally, public presenters shall be respectful of the Board of Directors and others
participating in the meetings.
Procedural Considerations
The Board of Directors shall commit to annually review important procedural materials. At the
beginning of each year the Board of Directors will hold a special meeting to review Board Code of
Conduct,the Brown Act and other matters related to Board procedures.
Directors will endeavor, whenever possible, to submit questions on Board agenda items prior to
the meeting in order for staff to be prepared for and able to respond at the meeting. Any
clarifications of technical questions that can be readily answered should be handled prior to the
meeting.
Debate Forum
The discussion and deliberations at Board meetings are to secure the mature and reasoned
decision of the Board on matters appearing on the agenda.
All discussions must be relevant to the motion before the Board. A Director is given the floor only
for the purpose of discussing the pending question; discussion which departs from the agenda
matter is out of order.
Protocol for agenda items:
1. Board President reads the agenda item
2. General Manager introduces the question before the Board
3. Report from staff/presenter
4. Public input
5. Director questions and discussion
6. Motion and second
• Motion to approve
• Motion to amend
• Motion to table
• Motion to call the question
7. Action
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RESOLUTION NO,
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO,CALIFORNIA,ESTABLISHING A CODE OF
CONDUCT FOR COUNCILMEMBERS.
WHEREAS,the City of Fresno is interested in establishing a framework for day-to-
day actions and decision-making by Councilmembers;and
WHEREAS,a Code of Conduct provides such a framework;and
WHEREAS,a Code of Conduct serves:
a. To increase public confidence in City government;and
b. To assist Councilmembers with decis€on-making;and
C. To encourage high standards of behavior by Councilmembers.
WHEREAS,a Code of Conduct can represent a commitment to uphold a standard
of integrity beyond that required by law.
NOW,THEREFORE,BE IT RESOLVED by the Council of the City of Fresno that It
hereby estabi€shes a code of conduct as follows:
CODE OF CONDUCT OF THE FRESNO CITY COUNCIL
A. ETHICAL CONSIDERATIONS
1. Comply with Law. Councitmembers shall comply with all applicable laws in
the performance of their public duties.
2. Conduct of Counci€members. The professional and personal Conduct of
members must be above reproach and avoid the appearance of impropriety.
White it is understood that Councilmembers enjoy First Amendment fights,
they should refrain from abusive conduct,personal charges or verbal attacks
upon the character or motives of other members of the Council,boards,
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commissions,staff,or the public that is intended to disrupt and not further
the City's business.
3. Respect for Process. Councilmembers shall perform their duties in
accordance with the processes and rules of order established by Council
governing the dellberabon of public policy issues,meaningful involvement of
the public,and implementation of policy decisions of the Council,by City
staff.
4. Decisions Based on Merit. Councilmembers shall base their decisions on
the merits and substance of the matter at hand,rather than on unrelated
considerations.
S. Conflict of Interest. In order to assure their independence and impartiality
in the City's best interest,Councilmembers shall not use their official
positions to influence decisions in which they have a conflict of interest.
s. Gifts and Favors. Councilmembers shalt follow the laws that apply to the
acceptance of gifts or favors as a public official.
T. Confidential Information. Councilmembersshail respect the confidentiality
of information concerning the property,personnel or affairs of the City. They
shall neither disclose confidential information without proper legal
authorization,nor use such information to advance their personal,financial
or other private interests.
a. Use of Public Resources. Councilmembers shall not use public resources,
such as City staff time,equipment,supplies or facilities,for private gain or
personal purposes,
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S. Advocacy. Councilmembers shall represent the official policies or positions
of the Council to the best of their ability when designated as delegates for
this purpose. When presenting their individual opinions and positions,
Councilmembers shall explioitly'statethey do not represent the opinion of the
entire Council
1o. Positive Work Place Environment Councilmembers shall support the
maintenance of a positive and constructive work place environment for City
employees,private citizens and businesses dealing with the City.
Councilmembers shalt recognize their role in individual dealings with City
employees.
B. GENERAL REQUIREMENTS FOR ALL CQUNCILMEMBERS
All members of the Council,including those serving as President and Acting
President,have equal votes. No Councilmember has more power than any other,and all
shall be treated with equal respect. Councilmembers shall-
1. Demonstrate honesty and integrity In every action and statement.
2. Comply with both the letter and spirit of the laws and policies affecting the
operation of City government.
3. Serve as a model of leadership and civility to the community.
4. Inspire public confidence in City of Fresno government.
5. Work for the City`s best interest and not personal interest.
6. Prepare in advance of Council meetings and be familiar with issues on the
agenda.
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7. Fully participate in Council meetings and other public forums while
demonstrating respect,consideration,and courtesy to others.
8. Become familiar with Council Rules of Procedure and this Code of Conduct.
g. Be responsible for the highest standards of respect,civility and honesty in
ensuring the effective maintenance of intergovernmental relations.
10, When communicating with representatives of other governmental entities or
constituents,indicate,if appropriate,that the views are their own,and may
not represent those of the entire Council._
C. COUNCILMEMBERS CONDUCT WITH ONE ANOTHER
Councils are composed of individuals with a wide variety of backgrounds,
personalities,values,opinions,and goals. All have chosen to serve in public office in
order to improve the quality of life in the community. In ail cases,this common goal
should be acknowledged even as Council.may"agree to disagree"on contentious issues.
1, In Public Meetings: - -
a. Practice civility and decorum in discussions and debate. Difficult
questions,tough challenges to a particular point of viaw;and criticism of
ideas and Information are legitimate elements of a free democracy in
action. Be respectful of diverse opinions.
b. Honor the role of the presiding officer in maintaining order and equity.
Respect the Council President's efforts to focus discussion on current
agenda items.Objections to the presiding officer's actions should be
voiced politely and with reason.
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a Demonstrate effective problem-soMng approaches. Councilmembers
have a public forum to stow how individuals with different points of view
can find common ground and seek a compromise that benefits the
community as a whole. Councilmembers are role models for residents,
business people and other stakeholders involved in public debate.
d. Be respectful of other people's time. Stay focused and act efficiently
during public meetings,
2. In Private Encounters:
Treat others with respect to maintain public confidence in governmental
affairs.
D, PROCEDURAL CONSIDERATIONS
1. Commit to annually review important procedural materials. At the beginning
of each year,the Council will hold a special meeting to review the Council
Rules of Procedure,this Code of Con ducL the Brown Act,conflicts of interest,
and other important procedural materials.
2. Commit not to politicize procedural issues(e.g.minutes approval or agenda
order)for strategic purposes.
1 Endeavor to submit questions on Council agenda items ahead of the meeting
so that staff can be prepared to respond at the Council meeting. Any
clarifications or technical questions that can be readily answered should be
handled before the meeting.
4. The Council President will work with the City Manager,City Attorney,and City
Clerk at the agenda meetings. The purpose shatl be:(a)to allow for an
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orderly agenda;(b)to Identify any issues or questions that may need greater
staff preparation for the meeting:and(c)to discuss future agenda meetings.
E. ENFORCEMENT. Counciimembers have the primary responsibility to assure that
this Cade of Conduct is followed,so that the public can continue to have full
confidence in the integrtty of government. As an expression of the standards of
conduct expected by the City for Counclimembers,the Code of Conduct is intended
to be self-enforcing. It will be most effective when Councilmembers are thoroughly
familiar with It and embrace its provisions. For this reason,Councilmernbers
entering office will be asked to sign a statement affirming they have read and
understood the Council Code of Conduct. In addition,the Code of Conduct shall be
annually reviewed and updated as necessary.
STATE OF CALIFORNIA )
COUNTY OF FRESNO - ) $s.- -
CITY OF FRESNO )
€,REBECCA E.KLISCH,City Clerk of the City of Fresno,certify that the foregoing
resolution was adopted by the Council of the City of Fresno,at a regular meeting held on the day of 2004,
AYES
NOES
ABSENT
ABSTAIN
REBECCA E.KLISCH
City Clerk
BY:
Deputy
APPROVED AS TO FORM.
CITY ATTORNEYS OFFICE
BY:
City Attomey HCM:pn(2M6pnlres"V2G/D4
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G. Procedure for the Conduct of Meetings
1) Role of the Mayor/Presiding Officer
The Presiding Office of the City Council, who shall be the Mayor or in the Mayor's
absence shall be the Mayor Pro Tem, or in their absence any other designated member of
the City Council, shall be responsible for maintaining the order and decorum of meetings.
It shall be the duty and responsibility of the Presiding Officer to ensure that the rules of
operation and decorum contained herein are observed. The Presiding Officer shall
maintain control of communication between Council members and between the Council,
staff and public.
2) Communication with Council members
Councilmembers should request the floor from the Presiding Officer before speaking.
When one member of the Council has the floor and is speaking, other Council members
shall not interrupt or otherwise disturb the speaker.
With the concurrence of the Mayor, a Council member holding the floor may address a
question to another Council member. The Council member being questioned may or may
not respond while the floor is still held by the Council member asking the question. The
reply shall be limited to the question asked.
3) Communication with members of the public addressing the Council
The Mayor or Presiding Officer shall open the floor for public testimony as appropriate.
Council members may question a person addressing the Council at the conclusion of the
person's comments or upon expiration of the person's time to speak. Such questions
should be directed to the person through the Presiding Officer unless the Presiding
Officer grants the Council member permission to directly question the person.
Staff members, through the City Administrator, shall be a resource to the City Council to
answer questions arising during discussions between the Council members and between
Councilmembers and members of the public. Communications in this regard shall be
through the Presiding Officer.
Members of the public shall direct their questions and comments through the Presiding
Officer.
H. Rules of Order
The City Council adopts no specific rules of order except those listed herein. The Mayor
or Presiding Officer has the discretion to impose reasonable rules at any particular
meeting based upon facts and circumstances found at any particular meeting. These later
rules will be followed unless objected to by a majority of the City Council members
present.
1) Protocol for agenda action items
a. Introduction by City Administrator
b. Report from staff/item sponsor
C. Council question/comment/debate
d. Motion, second
C. Public comments
f. Additional questions/comments/debate of Council
g. Action
h. Motions—The Mayor or any member of the City Council may bring a
matter of business on the agenda before the Council by making a motion.
Before the matter can be considered or debated it must be seconded. Once
the motion has been properly made and seconded, the Presiding Officer
shall open the matter for full debate offering the first opportunity to debate
to the moving parry and, thereafter, to any Council member recognized by
the Mayor or Presiding Officer. Debate shall be closed upon consent of a
majority of the Council.
I. Reconsideration
A matter may be reconsidered by the City Council if a member on the prevailing side of
the vote requests reconsideration. Such motion may be made at a meeting where such
action is taken or at a subsequent meeting of the Council, however, nothing in this policy
precludes the majority of members of the City Council from requesting reconsideration of
any item.
J. Debate
The discussions and deliberations at meetings of the City Council are to secure the
mature judgment of Council members on proposals submitted for decision. This purpose
is best served by the exchange of thought through discussion and debate.
Debate is regulated by these rules in order to assure every member a reasonable and equal
opportunity to be heard.
K. Obtaining the Floor for Debate
As soon as a debatable motion has been stated to a Council by the Mayor or Presiding
Officer, any member of the Council has a right to discuss it after obtaining the floor. The
member obtains the floor by seeking recognized is entitled to be heard so long as he/she
observes the rules of debate.
L. Speaking more than once
To encourage the full participation of all members of the Council, no member or
members shall be permitted to monopolize the discussion of the question. If a Council
member has already spoken and other members wish to speak, the latter members should
be recognized in preference to the member who has already spoken. However, if no
other members seek recognition, the Mayor or Presiding Officer may recognize the
member who has already spoken.
M. Relevancy of Debate
All discussion must be relevant to the motion before the City Council. A member is
given the floor only for the purpose of discussing the pending question; discussion which
departs is out of order. The Mayor or Presiding Officer should then direct the speaker to
limit discussion to the question before the City Council
A motion -its nature or consequences- may be attacked vigorously. But, it is never
permissible to attack the motives, character, or personality of a member either directly or
by innuendo or implication. It is the duty of the Mayor or Presiding Officer instantly to
stop any member who engages in personal attacks. It is the motion, not its proposer, that
is the subject of debate. Meetings must discuss measures and ideas not people.
Arguments, for or against a measure, should be stated as concisely as possible.
Debate must be fundamentally impersonal. All discussion is addressed to the Mayor or
Presiding Officer and must never be directed to any individual.
N. Mayor's Duties During Debate
The Mayor or Presiding Officer has the responsibility of controlling any expediting
debate. A Council member who has been recognized to speak on a question has a right to
the undivided attention of the Council.
It is the duty of the Mayor or Presiding Officer to keep the subject clearly before the
members, to rule out irrelevant discussion, and to restate the question whenever
necessary.
City of Elk Grove California
City Council Code of Ethics
R
Preamble
The citizens of the City of Elk Grove are entitled to responsible, fair and honest city government
that operates in an atmosphere of respect and civility. Accordingly, the Elk Grove City Council,
with citizen input, has adopted this code to:
1. Describe the standards of behavior to which its leaders and staff aspire.
2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their
day-to-day service to the city.
3. Promote and maintain a culture of ethics.
Pledge
On (date adopted), the City Council of the City of Elk Grove adopted a Code of Ethics, which
applies to all City employees, officers, commissions, and elected or appointed officials and
requires the following pledge:
Code of Ethics
Responsibility
• 1 understand that the community expects me to serve with dignity and respect, as well as
be an agent of the democratic process.
• 1 avoid actions that might cause the public to question my independent judgment.
• 1 do not use my office or the resources of the city for personal or political gain.
• 1 am a prudent steward of public resources and actively consider the impact of my
decisions on the financial and social stability of the city and its citizens.
Fairness
• 1 promote consistency, equity and non-discrimination in public agency decision-making.
• 1 make decisions based on the merits of an issue, including research and facts.
• 1 encourage diverse public engagement in our decision-making processes and support
the public's right to know.
Respect
• 1 treat my fellow city officials, staff, commission members and the public with patience,
courtesy, civility, and respect, even when we disagree on what is best for the community
and its citizens.
Honesty
• 1 am honest with all elected officials, staff, commission members, boards, the public and
others.
• 1 am prepared to make decisions when necessary for the public's best interest, whether
those decisions are popular or not.
0 1 take responsibility for my actions, even when it is uncomfortable to do so.
CODE OF ETHICS
for City of Pismo Beach City Council, Boards and Commission Members
Adopted by the Pismo Beach City Council
Date approved October 4,2005
Preamble
All citizens and businesses of Pismo Beach are entitled to have fair,ethicai and
accountable local government,which has earned the public's full confidence for
Integrity. In keeping with the City of Pismo Beach's commitment to excellence, the
effective functioning of democratic government,therefore,requires that.
• Public officials,both elected and appointed,comply with both the letter and
spirit of the laws and policies affecting the operations of government;
• Public officials be independent,impartial and fair in their judgment and actions;
Public office be used for public good, not for personal gain;
in Public deliberations and processes be conducted openly,unless legally
confidential,in an atmosphere of respect and civility.
This Code of Ethics,as adopted by the Pismo Beach City Council pertains to members of
the City Council and of the City's boards and commissions and to those vendors doing
business with our city,to assure public confidence in the integrity of local government
and its effective and fair operation.
1. Acts in the f ubsc IntopW
Members will work for the common good of the people of Pismo Beach and not for any
private or personal Interest,and they will assure fair and equal treatment of all persons,
claims and transactions corning before the Pismo Beach City Council, boards and
commissions.
2. Comply with the Low
Members shall comply with the laws of the nation,the State of California and the City of
Pismo Beach in the performance of their public duties.These laws inciude but are not
limited to:The United States and California constitutions, Fair Political Practices laws
pertaining to conflicts of interest,election campaigns,financial disclosures,employer
responsibilities and open processes of government and adopted City ordndnces and
policies.
S. Conduct of MtmbeR
The professional and personal conduct of members must be above reproach and avoid
even the appearance of impropriety. Members shall refrain from abusive conduct,
personal charges or verbal attacks upon the character or motives of other members of
the council,boards and commissions,the public and staff.
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I.
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R. Respect for Process
Members shall perform their duties in accordance with the processes and rules of order
established by the City Council and board and commissions governing the deliberation
of public policy Issues,meaningful involvement of the public and implementation of
policy decisions of the City Council by staff.
& Conduct of Publk Meetings
Members shall prepare themselves for public issues,listen courteously and attentively to
ag public discussions before the body and focus on the business at hand.They shall
refrain from interrupting other speakers,making personal comments not germane to the
business of the body or otherwise interfering with the orderly conduct of meetings.
6. DecWons Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand,
rather than on unrelated considerations.
7. Communication
Members shall publicly shore substantive information that is relevant to a matter under
consideration by the Council or boards and commissions,which they may have received
from sources outside of the public decision making process.
a. ConM d of Interest
In order to assure their independence and Impartiality on behalf of the common good,
members shall not use their official positrons to Influence government decisions in which
they have a material financial Interest or where they have an organizational responsibility
or personal relationship,which may give the appearance of a conflict of interest.
In accordance with the law,members shall disclose investments,interests in real
property,source of income,and gifts,and they shall abstain from participating in
deliberofions and decision-making where conflicts may exist.
9. Gltts and Favors
Members shah refrain from accepting any gifts,favors or promises of future benefits which
might compromise their independence of judgment or oction or give the appearance of
being compromised.
70. ConfildenRal Information
Members shah respect the confidentiality of Information concerning the property,
personnel or affairs of the City.They shall neither disclose confidential information without
proper legal authorization,nor use such information to advance their personal,financial
or private Interests.
11.Use of Publk Resources
Members shall not use public resources unavailable to the public in general,such as City
staff time,equipment,supplies or facilities,for private gain or personal purposes.
12. Representation of Publk Interests
In keeping with their role as stewards of the public interest, members shall not appear on
behalf of the private interests of third parties before the Council or any board, i
commission or proceeding of the City,nor shall members of boards and commissions
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appear before their own bodies or before the Council on behalf of the private interests
of third parties on matters related to the areas of service of their bodies.
13.Advocacy
Members shall represent the official policies or positions of the City Council,board or
commission to the best of their ability when designated as delegates for this purpose.
When presenting their individual opinions and positions,members shag explicitly state
they do not represent their body or the City of Pismo Beach,nor YAg they allow inference
that they do.
14. Policy Rob of Members
Members shall respect and adhere to the council-manager structure of Pismo Beach City
government as outlined by the Pismo Beach Municipal Code.In this structure,the City
Council determines the policies of the City with the advice,information and analysis
provided by the public,boards and commissions and City staff.
Except as provided by the City Municipal Code,members shag not interfere with the
administrative functions of the City or the professional duties of City staff,nor shall they
impair the ability of staff to implement Council policy decisions.
15,Independence of Boards and Commkilons
Because of the value of the independent advice of boards and commissions to the
public decision-making process,members of Council shall refrain from using their position
to unduly influence the deliberations or outcomes of board and commission
proceedings.
16.PoMWe Work Place Environment
Members shall support the maintenance of a positive and constructive work place for
the City employees and for the citizens and businesses dealing with the City.Members
shall recognize their special role in dealings with City employees to in no way create the
perception of inappropriate direction to staff.
17.Impbmentailon
The Pismo Beach Code of Ethics is intended to be self-enforcing,and is an expression of
standards of conduct for members expected by the City. It therefore becomes most
effective when members are thoroughly familiar with it and embrace its provisions.
For this reason,ethical standards shall be included in the regular orientations for
candidates for City Council,applicants to board and commissions,and newly elected
and appointed officials.Members entering office shag sign a statement affirming they
have read and understood the City of Pismo Beach Code of Ethics.The Code of Ethics
shall be reviewed annually by the City Council,boards and commissions,and the City
Council shall consider recommendations from boards and commissions and update as
necessary.
I&Compllance and Mforcemerrt
The chairs of boards and commissions and the Mayor have the adcrWonal responsibility to
intervene when actions of members that appear to be in violation of the Code of Ethics
are brought to their attention.The City Council may impose sanctions on members
whose conduct does not comply with the City's ethical standards,such as reprimand,
formal censure,loss of seniority or committee assignment,or budget restriction.Under the
City's Municipal Code,the City Council May also remove members of boards and i.
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commissions from office.A violation of this Code of Ethics shall not be considered as a
basis for challenging the validity of a Council, board or commission decision.
C ,
��.0� 'fMp CZ tY Item: 8.
v r Category: New Business
0ism o Council Meeting Date: March 21, 2006
Report
()RCHAR9
TITLE: Adoption of Campbell Statement of Values
RECOMMENDATION:
That the City Council adopt a Resolution approving the Campbell Statement of Values.
BACKGROUND:
An item in the City Council's workplan for FY 2005/06 was to review and consider
options for establishment of an ethics ordinance. The City Council held two study
sessions to discuss this workplan item. At the first Study Session in September 2005,
staff presented background information about Ethics Codes and options available
should the Council wish to pursue development of an Ethics Code. In summary, an
Ethics Code is a framework or guide by which elected officeholders and public officials
conduct their day-to-day actions and decision making. Its purpose is to encourage high
standards of behavior by public officials, to assist public officials with decision-making
and to increase public confidence in the institutions and officials that serve them.
Generally there are two types of ethics codes: values-based and rules-based. A
values-based code is based on attributes that have been identified by public officials
that reflect the core values of the community. A rules-based code emphasizes formal
rules and sometimes contains specific 'penalties.'
At the second Study Session in November 2005, the City Council consensus was to
proceed with development of a values-based ethics code or statement of values based
loosely on the one developed by the City of Milpitas. Mayor Kennedy appointed a
subcommittee to develop the ethics code or statement of values. The members
appointed to the subcommittee were Councilmembers Kennedy and Hernandez,
advisory commission representative Bob Alderete (Planning Commission), citizen
representative Barbara Conant, and staff representatives Dan Rich, City Manager and
Anne Bybee, City Clerk.
DISCUSSION
The Ethics Subcommittee initially met on January 9, 2006 and approved a workplan to
develop a Statement of Values. Following two additional meetings, the Committee
developed a Statement of Values that reflects what the committee believes to be the
expectations the community has for its officials. The Campbell Statement of Values
expresses the standards for the highest integrity and ethical conduct for city officials
and is intended to serve as a tool to promote and foster the highest degree of public
trust.
The Ethics Subcommittee Committee identified the following key points as it developed
the Campbell Statement of Values:
❖ The Campbell Statement of Values expresses the standards for the highest
integrity and ethical conduct expected for elected officials, appointed
commissioners and board members, executive staff and candidates for local
office.
❖ There is not an ethics problem in Campbell. The purpose of this is to be a
proactive statement of the community's values and to prevent future problems.
The Campbell Statement of Values is a "living" document, to be reviewed one
year following adoption and bi-annually thereafter.
❖ While signing the Campbell Statement of Values is voluntary, all stakeholders
are encouraged to not only understand and affirm the values, but to uphold them
as they conduct their duties as public officials.
The next step in the process included outreach to the City's Advisory Commissions and
Boards, as well as the Executive Team. During late February/early March, the Ethics
Subcommittee made a presentation at each of the Advisory Commission and Board
Meetings, the purpose of which was two-fold: to present and request support for
Campbell's Statement of Values and solicit input/feedback on the draft statement,
Information was mailed to the committees that do not meet on a regular basis;
specifically, the Rental Increase Fact Finding Committee, Building Board of Appeals
and Bicycle Advisory Committee.
The Ethics Subcommittee met on Tuesday, March 14 to review the feedback received
from the public outreach process. Overall, the feedback received from the Commissions
and Boards was positive. The subcommittee reviewed and discussed two or three
substantive suggestions received from individual commission/board members which
were incorporated into the final version.
With City Council approval, the Ethics Subcommittee recommends the following next
steps in the process:
1) That the City host an official signing event and invite all stakeholders to sign the
"inaugural" document. It is recommended that the official document eventually
be framed and displayed at City Hall. A suggested date for the signing event is
May 2"d prior to the City Council meeting.
2) Regarding additional public outreach, the Ethics Subcommittee recommends
that the Statement of Values be displayed on the City's website and community
access channel, as well as in an edition of the "Profile" newsletter. During
election cycles, it is recommended that candidates who subscribe to the
Statement of Values be identified on the City's website. It is also recommended
that information on the Statement of Values be available at the next
Neighborhood Meeting.
3) While the Statement of Values is a living document, it is recommended that the
document be reviewed initially after one year (February 2007) and February of
odd-numbered years thereafter. The Ethics Subcommittee will solicit input from
advisory commissions/boards as part of the review process.
In conclusion, the Ethics Subcommittee is pleased to present the Campbell "Statement
of Values" for City Council consideration.
FISCAL IMPACT
Some costs will be incurred for the reception and to produce and frame the official
Statement of Values. There is sufficient funding in the FY 05/06 budget to cover these
costs.
ALTERNATIVES
A. The City Council may want to consider different values than those listed.
Prepared by: _.
Anne Bybee, City Clerk
Approved by:
�D�r"f�el Rich, ity Manager
Attachments:
1 — Resolution
2 — Statement of Values
Attach. 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL ADOPTING A STATEMENT OF VALUES
WHEREAS, the City Council held two Study Sessions to review and consider options
for development of an ethics code; and
WHEREAS, an Ethics Subcommittee, comprised of two Councilmembers, an Advisory
Commission representative, a citizen representative, City Manager and City Clerk, was
appointed to develop a values-based ethics code or statement of values; and
WHEREAS, a Statement of Values was developed to identify the core beliefs of the
community and expresses the standards for the highest integrity and ethical conduct
expected from the City's elected officials, appointed commissioners and board
members, Executive Staff, and candidates for local office; and
WHEREAS, the Statement of Values is intended to be a "living" document with an initial
review after one year in February 2007 and then bi-annually in February of odd-
numbered years.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
does hereby adopt the Campbell Statement of Values to promote and foster the highest
degree of public trust.
PASSED AND ADOPTED this 21" day of March, 2006 by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
Jeanette Watson, Mayor
ATTEST:
Anne Bybee, City Clerk
Attach. 2
CAMPBELL STATEMENT OF VALUES
Preamble:
To promote and foster the highest degree of public trust, the Campbell City Council has
adopted a Statement of Values reflecting the core beliefs of the community. These key
values are deeply held beliefs that influence a person's attitude, actions and decisions.
Values, in turn, form the basis for ethical decisions. Ethics are standards or principles
for how we treat one another.
The Campbell Statement of Values expresses the standards for the highest integrity
and ethical conduct expected for elected officials, appointed commissioners and board
members, executive staff and candidates for local office. These individuals have the
responsibility to assure that they understand and follow, in every respect, the ethical
standards so that the public can continue to have full confidence in its officials,
candidates, and the democratic process. Ethical behavior requires a commitment to live
by the values expressed below.
This Statement of Values is expected to be a "living" document and reviewed or
updated periodically; initially in February 2007 and in February of odd-numbered years
thereafter.
Community
As I serve Campbell:
• I value the importance of building and preserving community in Campbell
• I am a steward for the community's economy, environment, culture and
safety
• 1 am engaged and responsive when serving the community; the needs and
concerns of all residents are important to me
• I take into consideration the long-term financial needs of the City while also
balancing Campbell's identity as a small town with connected neighborhoods
Honesty
As I serve Campbell:
• My words and deeds will be based on truthfulness
• I will conduct myself with the highest degree of sincerity
• 1 will not knowingly use inaccurate information nor omit relevant information to
support my positions or views
• 1 take responsibility for my actions and do not leave false impressions
Civility
As I serve Campbell:
I treat everyone the way I want to be treated, with respect and dignity
I practice patience, courtesy, and civility in all interactions
I understand differences of opinion and policy disagreements are part of
the democratic process; I respect the opinions of those with whom I differ
1 support effective two-way communication by listening carefully, asking
questions and determining an appropriate response
Equality
As I serve Campbell:
• I value everyone's opinion and listen to all sides
• I encourage public input as well as equal access and treatment for all
• 1 am impartial and make decisions based on the merits of the issue
Teamwork
As I serve Campbell:
• I will actively participate in a positive and constructive manner
• 1 encourage and support collaboration and strive for consensus building
• I value diversity and seek divergent viewpoints
• I am approachable and open-minded
• 1 understand that my position may not always prevail but that I support the
democratic process and the decisions resulting from it
Accountability
As I serve Campbell:
• 1 hold myself accountable to the highest ethical standards
• 1 take responsibility for my conduct and am willing to explain my actions
and decisions
• 1 recognize that the responsibility for making decisions about the use of
public resources is a public trust
As a representative of, or candidate for an office in, the City of Campbell, I agree to
uphold the Campbell Statement of Values adopted by the City Council. I affirm that I
have read, understood and will conduct myself in accordance with the City of
Campbell's Statement of Values.
Name Date
Code of Conduct
CITY OF SUNNYVALE
CODE OF CONDUCT FOR ELECTED OFFICIALS
Prepared by Council Protocol Subcommittee
Jack Walker, Chair
Jim Roberts, Member
Fred Fowler, Member
City of Sunnyvale Code of Conduct
for Elected Officials
"Conduct is three-fourths of our life and its largest concern."
-- Matthew Arnold
The Three Rs of Sunnyvale Government Leadership:
Roles, Responsibilities and Respect
The City Charter provides detailed information on the roles and
responsibilities
of Councilmembers, the Vice Mayor, and the Mayor. The City's Code of
Ethics
provides guidance on ethical issues and questions of right and wrong.
Until now,
what has not been clearly written down is a Code of Conduct for
Sunnyvale's
elected officials.
This Code of Conduct is designed to describe the manner in which
Councilmembers
should treat one another, city staff, constituents, and others they
come into
contact with in representing the City of Sunnyvale. It reflects the
work of a
Council Policy and Protocol Subcommittee that was charged with defining
more
clearly the behavior, manners, and courtesies that are suitable for
various
occasions. The Subcommittee also considered a wide variety of policy
changes and
clarifications designed to make public meetings and the process of
governance
run more smoothly.
The contents of this Code of Conduct includes: Pages
• Overview of Roles & Responsibilities 2-3
• Policies & Protocol Related to Conduct 4-5
• Council Conduct with One Another 6-7
• Council Conduct with City Staff 8-9
• Council Conduct with The Public 10-11
• Council Conduct with Other Public Agencies 12
• Council Conduct with Boards and Commissions 13-14
• Council Conduct with The Media 15
• Sanctions 16
• Principles of Proper Conduct 17
• Checklist for Monitoring Conduct 18
• Glossary of Terms 19
The constant and consistent theme through all of the conduct
guidelines is
"respect." Councilmembers experience huge workloads and tremendous
stress in
making decisions that could impact thousands of lives. Despite these
pressures,
elected officials are called upon to exhibit appropriate behavior at
all times.
Demonstrating respect for each individual through words and actions is
the
touchstone that can help guide Councilmembers to do the right thing in
even the
most difficult situations.
Back to Table of Contents
Overview of Roles & Responsibilities
"Leadership is an action, not a word. "
-- Richard Cooley
Other resources that are helpful in defining the roles and
responsibilities of
elected officials can be found in the Sunnyvale City Charter and in the
Leadership Guide for Mayors and Councilmembers published by the League
of
California Cities.
MAYOR
• Serves at the pleasure of the Council (Sunnyvale City Charter,
Section 605)
• Acts as the official head of the City for all ceremonial purposes
(Sunnyvale
City Charter, Section 605)
• Chairs Council meetings (Sunnyvale City Charter, Section 605)
• Calls for special meetings (Sunnyvale City Charter, Section 609)
• Recognized as spokesperson for the City
• Selects substitute for City representation when Mayor cannot attend
• Makes judgment calls on proclamations, Special Orders of the Day,
etc.
• Recommends subcommittees as appropriate for Council approval
• Serves as the liaison between the Council and the City Manager and
City
Attorney in regards to employee relations
• Leads the Council into an effective, cohesive working team
• Signs documents on behalf of the City
• Serves as official delegate of the City to the U.S. Conference of
Mayors and
other events and conferences
VICE MAYOR
• Serves at the pleasure of the Council (Sunnyvale City Charter,
Section 606)
• Performs the duties of the Mayor if the Mayor is absent or disabled
(Sunnyvale
City Charter, Section 606)
• Chairs Council meetings at the request of the Mayor
• Represents the City at ceremonial functions at the request of the
Mayor
• Reports closed session actions at public Council meetings
• Moves for Makes routine motion on consent items on the City Council
ALL COUNCILMEMBERS
All members of the City Council, including those serving as Mayor and
Vice
Mayor, have equal votes. No Councilmember has more power than any other
Councilmember, and all should be treated with equal respect.
All Councilmembers should:
• Fully participate in City Council meetings and other public
forums while
demonstrating respect, kindness, consideration, and courtesy to
others
• Prepare in advance of Council meetings and be familiar with
issues on
the agenda
• Represent the City at ceremonial functions at the request of
the Mayor
• Place activities and events on the Council's weekly activities
calendar
that invite official participation of all Councilmembers. A list
of the
activities of individual Councilmembers may also be submitted for
public
record at the option of the Councilmember
• Be respectful of other people's time. Stay focused and act
efficiently
during public meetings.
• Serve as a model of leadership and civility to the community
• Inspire public confidence in Sunnyvale government
• Provide contact information with the Council Executive
Assistant in
case an emergency or urgent situation arises while the
Councilmember is
out of town
• Demonstrate honesty and integrity in every action and statement
• Participate in scheduled activities to increase team
effectiveness and
review Council procedures, such as this Code of Conduct
MEETING CHAIR
The Mayor will chair official meetings of the City Council, unless the
Vice
Mayor or another Councilmember is designated as Chair of a specific
meeting.
• Maintains order, decorum, and the fair and equitable treatment of all
speakers
• Keeps discussion and questions focused on specific agenda item under
consideration
• Makes parliamentary rulings with advice, if requested, from the City
Attorney
who acts as an advisory parliamentarian. Chair rulings may be
overturned if a
Councilmember makes a motion as an individual and the majority of the
Council
votes to overrule the Chair.
FORMER COUNCILMEMBERS
Past members of the City Council who speak to the current City Council
about a
pending issue should disclose who they are speaking on behalf of
(individual or
organization) .
Back to Table of Contents
Policies & Protocol Related To Conduct
"Wherever there is a human being, there is an opportunity for
kindness."
-- Seneca
Ceremonial Events
Requests for a City representative at ceremonial events will be handled
by City
staff. The Mayor will serve as the designated City representative. If
the Mayor
is unavailable, then City staff will determine if event organizers
would like
another representative from the Council. If yes, then the Mayor will
recommend
which Councilmember should be asked to serve as a substitute.
Invitations
received at City Hall are presumed to be for official City
representation.
Invitations addressed to Councilmembers at their homes are presumed to
be for
unofficial, personal consideration.
Correspondence Signatures
Councilmembers do not need to acknowledge the receipt of
correspondence, or
copies of correspondence, during Council meetings. City staff will
prepare
official letters in response to public inquiries and concerns. These
letters
will carry the signature of the Mayor unless the Mayor requests that
they be
signed by another Councilmember or City staff.
If correspondence is addressed only to one Councilmember, that
Councilmember
should check with staff on the best way to respond to the sender.
Endorsement of Candidates
Councilmembers have the right to endorse candidates for all Council
seats or
other elected offices. It is inappropriate to mention endorsements
during
Council meetings or other official City meetings.
Intergovernmental Relations
The Council will hold a quarterly meeting on intergovernmental
relations (IGR)
to assign specific Councilmembers to take a leadership role on new
issues and to
hear updates on pending issues. A Chair for each Council Subcommittee
should be
selected at the first meeting of the Subcommittee after the IGR
assignments are
made.
Legislative Process
The City of Sunnyvale uses the Planning and Management System (PAMS) as
a
guideline for its legislative process. Details of the PAMS system may
be found
in City manuals. The City uses parliamentary procedure for meeting
management.
Non-agenda Items
During a designated period of the agenda, citizens, Councilmembers and
staff may
bring forth issues or questions that are not on the meeting's agenda.
Topics
should be legislative items requiring action by the Mayor or the
Council, study
issues for future consideration, and requests for information. Each
speaker,
citizen or elected official, will be limited to five minutes.
Public Announcements in Council Meetings
Councilmembers who want to speak first during the Public Announcement
portion of
the Council meeting should notify the Chair in advance. Otherwise,
Councilmembers will be recognized when the Chair notices the light
signal.
Councilmembers, like members of the public who use this portion of the
agenda to
recognize achievements or promote an event, will be limited to three
minutes
each, and should keep the focus on matters of community-wide interest.
Public Meeting Hearing Protocol
The applicant or appellant shall have the right to speak first. The
Chair will
determine the length of time allowed for this presentation. Speakers
representing either pro or con points of view will be allowed to
follow. The
Chair will determine how much time will be allowed for each speaker,
with 3 to 5
minutes the standard time granted. The applicant or appellant will be
allowed to
make closing comments. The Chair has the responsibility to run an
efficient
public meeting and has the discretion to modify the public hearing
process in
order to make the meeting run smoothly.
Councilmembers will not express opinions during the public hearing
portion of
the meeting except to ask pertinent questions of the speaker or staff.
"I think"
and "I feel" comments by Councilmembers are not appropriate until after
the
close of the public hearing. Councilmembers should refrain from arguing
or
debating with the public during a public hearing and shall always show
respect
for different points of view.
Main motions may be followed by amendments, followed by substitute
motions. Any
Councilmember can call for a point of order. Only Councilmembers who
voted on
the prevailing side may make motions to reconsider. Councilmembers who
desire to
make the first motion on issues which they feel strongly about should
discuss
their intention with the Chair in advance of the Council meeting.
Travel Expenses
The policies and procedures related to the reimbursement of travel
expenses for
official City business by Councilmembers are outlined in Council Policy
7.3.12.
All Council travel in excess of the allowed budget, in which the
Councilmember
expects to officially represent the City and/or be reimbursed by the
City for
travel costs, must be approved in advance by the Council. The travel
policy and
budget for Council should be reviewed at each two-year budget cycle.
Back to Table of Contents
Council Conduct with One Another
"In life, courtesy and self-possession, and in the arts, style, are the
sensible
impressions of the free mind, for both arise out of a deliberate
shaping of all
things and from never being swept away, whatever the emotion, into
confusion or
dullness."
-- William Butler Yeats
Councils are composed of individuals with a wide variety of
backgrounds,
personalities, values, opinions, and goals. Despite this diversity, all
have
chosen to serve in public office in order to preserve and protect the
present
and the future of the community. In all cases, this common goal should
be
acknowledged even as Council may "agree to disagree" on contentious
issues.
IN PUBLIC MEETINGS
• Use formal titles
The Council should refer to one another formally during public meetings
as
Mayor, Vice Mayor or Councilmember followed by the individual' s last
name.
• Practice civility and decorum in discussions and debate
Difficult questions, tough challenges to a particular point of view,
and
criticism of ideas and information are legitimate elements of a free
democracy
in action. This does not allow, however, Councilmembers to make
belligerent,
personal, impertinent, slanderous, threatening, abusive, or disparaging
comments. No shouting or physical actions that could be construed as
threatening
will be tolerated.
• Honor the role of the Chair in maintaining order
It is the responsibility of the Chair to keep the comments of
Councilmembers on
track during public meetings. Councilmembers should honor efforts by
the Chair
to focus discussion on current agenda items. If there is disagreement
about the
agenda or the Chair's actions, those objections should be voiced
politely and
with reason, following procedures outlined in parliamentary procedure.
• Avoid personal comments that could offend other Councilmembers
If a Councilmember is personally offended by the remarks of another
Councilmember, the offended Councilmember should make notes of the
actual words
used and call for a "point of personal privilege" that challenges the
other
Councilmember to justify or apologize for the language used. The Chair
will
maintain control of this discussion.
• Demonstrate effective problem-solving approaches
Councilmembers have a public stage to show how individuals with
disparate points
of view can find common ground and seek a compromise that benefits the
community
as a whole.
IN PRIVATE ENCOUNTERS
• Continue respectful behavior in private
The same level of respect and consideration of differing points of view
that is
deemed appropriate for public discussions should be maintained in
private
conversations.
• Be aware of the insecurity of written notes, voicemail messages, and
e-mail
Technology allows words written or said without much forethought to be
distributed wide and far. Would you feel comfortable to have this note
faxed to
others? How would you feel if this voicemail message was played on a
speaker
phone in a full office? What would happen if this e-mail message was
forwarded
to others? Written notes, voicemail messages and e-mail should be
treated as
potentially "public" communication.
• Even private conversations can have a public presence
Elected officials are always on display - their actions, mannerisms,
and
language are monitored by people around them that they may not know.
Lunch table
conversations will be eavesdropped upon, parking lot debates will be
watched,
and casual comments between individuals before and after public
meetings noted.
Back to Table of Contents
Council Conduct with City Staff
"Never let a problem become an excuse."
-- Robert Schuller
Governance of a City relies on the cooperative efforts of elected
officials, who
set policy, and City staff, who implement and administer the Council' s
policies.
Therefore, every effort should be made to be cooperative and show
mutual respect
for the contributions made by each individual for the good of the
community.
• Treat all staff as professionals
Clear, honest communication that respects the abilities, experience,
and dignity
of each individual is expected. Poor behavior towards staff is not
acceptable.
• Limit contact to specific City staff
Questions of City staff and/or requests for additional background
information
should be directed only to the City Manager, City Attorney, Assistant
City
Manager, or Department Heads. The Office of the City Manager should be
copied on
any request, except those to the City Attorney.
Requests for follow-up or directions to staff should be made only
through the
City Manager or the City Attorney when appropriate. When in doubt about
what
staff contact is appropriate, Councilmembers should ask the City Manger
for
direction. Materials supplied to a Councilmember in response to a
request will
be made available to all members of the Council so that all have equal
access to
information.
• Do not disrupt City staff from their jobs
Councilmembers should not disrupt City staff while they are in
meetings, on the
phone, or engrossed in performing their job functions in order to have
their
individual needs met.
• Never publicly criticize an individual employee
Council should never express concerns about the performance of a City
employee
in public, to the employee directly, or to the employee's manager.
Comments
about staff performance should only be made to the City Manager through
private
correspondence or conversation. Comments about staff in the office of
the City
Attorney should be made directly to the City Attorney.
• Do not get involved in administrative functions
Councilmembers must not attempt to influence City staff on the making
of
appointments, awarding of contracts, selecting of consultants,
processing of
development applications, or granting of City licenses and permits.
[See Code of
Ethics] The Sunnyvale City Charter, Section 807, also contains
information about
the prohibition of Council interference in administrative functions.
• Check with City staff on correspondence before taking action
Before sending correspondence, Councilmembers should check with City
staff to
see if an official City response has already been sent or is in
progress.
• Do not attend meetings with City staff unless requested by staff.
Even if the Councilmember does not say anything, the Councilmember's
presence
implies support, shows partiality, intimidates staff, and hampers
staff's
ability to do their job objectively.
• Limit requests for staff support
Routine secretarial support will be provided to all Councilmembers. All
mail for
Councilmembers is opened by the Council Executive Assistant, unless
other
arrangements are requested by a Councilmember. Mail addressed to the
Mayor is
reviewed first by the City Manager who notes suggested action and/or
follow-up
items.
Requests for additional staff support - even in high priority or
emergency
situations -- should be made to the City Manager who is responsible for
allocating City resources in order to maintain a professional, well-run
City
government.
• Do not solicit political support from staff
Councilmembers should not solicit any type of political support
(financial
contributions, display of posters or lawn signs, name on support list,
etc.)
from City staff. City staff may, as private citizens with
constitutional rights,
support political candidates but all such activities must be done away
from the
workplace.
Back to Table of Contents
Council Conduct with The Public
"If a man be gracious and courteous to strangers, it shows he is a
citizen of
the world, and that his heart is no island cut off from other lands,
but a
continent that joins to them. "
-- Francis Bacon
IN PUBLIC MEETINGS
Making the public feel welcome is an important part of the democratic
process.
No signs of partiality, prejudice or disrespect should be evident on
the part of
individual Councilmembers toward an individual participating in a
public forum.
Every effort should be made to be fair and impartial in listening to
public
testimony.
• Be welcoming to speakers and treat them with care and gentleness
"I give many public presentations so standing up in front of a group
and using a
microphone is not new to me. But I found that speaking in front of
Council was
an entirely different experience. I was incredibly nervous and my voice
was
shaking. I think the reason was because the issue was so personal to
me. The
Council was going to take a vote that would affect my family's daily
life and my
home. I was feeling a lot of emotion. The way that Council treats
people during
public hearings can do a lot to make them relax or to push their
emotions to a
higher level of intensity."
• Be fair and equitable in allocating public hearing time to individual
speakers
"The first thing the Mayor said to me was to be brief because the
meeting was
running late and the Council was eager to go home. That shouldn't be my
problem.
I'm sorry my item was at the end of the agenda and that there were a
lot of
speakers, but it is critically important to me and I should be allowed
to say
what I have to say and believe that the Council is listening to me."
The Chair will determine and announce limits on speakers at the start
of the
public hearing process. Generally, each speaker will be allocated five-
minutes
with applicants and appellants or their designated representatives
allowed more
time. If many speakers are anticipated, the Chair may shorten the time
limit
and/or ask speakers to limit themselves to new information and points
of view
not already covered by previous speakers.
No speaker will be turned away unless he or she exhibits inappropriate
behavior.
Each speaker may only speak once during the public hearing unless the
Council
requests additional clarification later in the process. After the
close of the
public hearing, no more public testimony will be accepted unless the
Chair
reopens the public hearing for a limited and specific purpose.
• Give the appearance of active listening
It is disconcerting to speakers to have Councilmembers not look at them
when
they are speaking. It is fine to look down at documents or to make
notes, but
reading for a long period of time gazing around the room gives the
appearance of
disinterest. Be aware of facial expressions, especially those that
could be
interpreted as "smirking, " disbelief, anger or boredom.
• Ask for clarification, but avoid debate and argument with the public
Only the Chair - not individual Councilmembers -- can interrupt a
speaker during
a presentation. However, a Councilmember can ask the Chair for a point
of order
if the speaker is off the topic or exhibiting behavior or language the
Councilmember finds disturbing.
If speakers become flustered or defensive by Council questions, it is
the
responsibility of the Chair to calm and focus the speaker and to
maintain the
order and decorum of the meeting. Questions by Councilmembers to
members of the
public testifying should seek to clarify or expand information. It is
never
appropriate to belligerently challenge or belittle the speaker.
Councilmembers'
personal opinions or inclinations about upcoming votes should not be
revealed
until after the public hearing is closed.
• No personal attacks of any kind, under any circumstance
Councilmembers should be aware that their body language and tone of
voice, as
well as the words they use, can appear to be intimidating or
aggressive.
• Follow parliamentary procedure in conducting public meetings
The City Attorney serves as advisory parliamentarian for the City and
is
available to answer questions or interpret situations according to
parliamentary
procedures. Final rulings on parliamentary procedure are made by the
Chair,
subject to the appeal of the full Council. .
IN UNOFFICIAL SETTINGS
• Make no promises on behalf of the Council
Councilmembers will frequently be asked to explain a Council action or
to give
their opinion about an issue as they meet and talk with constituents in
the
community. It is appropriate to give a brief overview of City policy
and to
refer to City staff for further information. It is inappropriate to
overtly or
implicitly promise Council action, or to promise City staff will do
something
specific (fix a pothole, remove a library book, plant new flowers in
the median,
etc. ) .
• Make no personal comments about other Councilmembers
It is acceptable to publicly disagree about an issue, but it is
unacceptable to
make derogatory comments about other Councilmembers, their opinions and
actions.
• Remember that despite its impressive population figures, Sunnyvale is
a small
town at heart
Councilmembers are constantly being observed by the community every day
that
they serve in office. Their behaviors and comments serve as models for
proper
deportment in the City of Sunnyvale. Honesty and respect for the
dignity of
each individual should be reflected in every word and action taken by
Councilmembers, 24 hours a day, seven days a week. It is a serious and
continuous responsibility.
Back to Table of Contents
Council Conduct with Other Public Agencies
"Always do right. This will gratify some people and astonish the rest."
-- Mark Twain
• Be clear about representing the city or personal interests
If a Councilmember appears before another governmental agency or
organization to
give a statement on an issue, the Councilmember must clearly state: 1)
if his or
her statement reflects personal opinion or is the official stance of
the City;
2) whether this is the majority or minority opinion of the Council.
If the Councilmember is representing the City, the Councilmember must
support
and advocate the official City position on an issue, not a personal
viewpoint.
If the Councilmember is representing another organization whose
position is
different from the City, the Councilmember should withdraw from voting
on the
issue if it significantly impacts or is detrimental to the City' s
interest.
Councilmembers should be clear about which organizations they represent
and
inform the Mayor and Council of their involvement.
• Correspondence also should be equally clear about representation
City letterhead may be used when the Councilmember is representing the
City and
the City' s official position. A copy of official correspondence should
be given
to the Council Executive Assistant to be filed in the Council Office as
part of
the permanent public record.
It is best that City letterhead not be used for correspondence of
Councilmembers
representing a personal point of view, or a dissenting point of view
from an
official Council position. However, should Councilmembers use City
letterhead to
express a personal opinion , the official City position must be stated
clearly
so the reader understands the difference between the official City
position and
the minor viewpoint of the Councilmember.
Back to Table of Contents
Council Conduct With Boards and Commissions
"We rarely find that people have good sense unless they agree with us."
--Francois, Duc de La Rochefoucauld
The City has established several Boards and Commissions as a means of
gathering
more community input. Citizens who serve on Boards and Commissions
become more
involved in government and serve as advisors to the City Council. They
are a
valuable resource to the City's leadership and should be treated with
appreciation and respect.
• If attending a Board or Commission meeting, be careful to only
express
personal opinions
Councilmembers may attend any Board or Commission meeting, which are
always open
to any member of the public. However, they should be sensitive to the
way their
participation - especially if it is on behalf of an individual,
business or
developer -- could be viewed as unfairly affecting the process. Any
public
comments by a Councilmember at a Board or Commission meeting should be
clearly
made as individual opinion and not a representation of the feelings of
the
entire City Council.
• Limit contact with Board and Commission members to questions of
clarification
It is inappropriate for a Councilmember to contact a Board or
Commission member
to lobby on behalf of an individual, business, or developer. It is
acceptable
for Councilmembers to contact Board or Commission members in order to
clarify a
position taken by the Board or Commission.
• Remember that Boards and Commissions serve the community, not
individual
Councilmembers
The City Council appoints individuals to serve on Boards and
Commissions, and it
is the responsibility of Boards and Commissions to follow policy
established by
the Council. But Board and Commission members do not report to
individual
Councilmembers, nor should Councilmembers feel they have the power or
right to
threaten Board and Commission members with removal if they disagree
about an
issue. Appointment and re-appointment to a Board or Commission should
be based
on such criteria as expertise, ability to work with staff and the
public, and
commitment to fulfilling official duties. A Board or Commission
appointment
should not be used as a political "reward."
• Be respectful of diverse opinions
A primary role of Boards and Commissions is to represent many points of
view in
the community and to provide the Council with advice based on a full
spectrum of
concerns and perspectives. Councilmembers may have a closer working
relationship
with some individuals serving on Boards and Commissions, but must be
fair and
respectful of all citizens serving on Boards and Commmissions.
• Keep political support away from public forums
Board and Commission members may offer political support to a
Councilmember, but
not in a public forum while conducting official duties. Conversely,
Councilmembers may support Board and Commission members who are running
for
office, but not in an official forum in their capacity as a
Councilmember.
• Inappropriate behavior can lead to removalInappropriate behavior by a
Board or
Commission member should be noted to the Mayor, and the Mayor should
counsel the
offending member. If inappropriate behavior continues, the Mayor should
bring
the situation to the attention of the Council and the individual is
subject to
removal from the Board or Commission.
Back to Table of Contents
Council Conduct with The Media
"Keep them well fed and never let them know that all you've got is a
chair and a
whip."
-- Lion Tamer School
Councilmembers are frequently contacted by the media for background and
quotes.
• The best advice for dealing with the media is to never go "off the
record"
Most members of the media represent the highest levels of journalistic
integrity
and ethics, and can be trusted to keep their word. But one bad
experience can be
catastrophic. Words that are not said cannot be quoted.
• The Mayor is is the official spokesperson for the representative on
City
position.
The Mayor is the designated representative of the Council to present
and speak
on the official City position. If an individual Councilmember is
contacted by
the media, the Councilmember should be clear about whether their
comments
represent the official City position or a personal viewpoint.
• Choose words carefully and cautiously
Comments taken out of context can cause problems. Be especially
cautious about
humor, sardonic asides, sarcasm, or word play. It is never appropriate
to use
personal slurs or swear words when talking with the media.
Back to Table of Contents
Sanctions
"You cannot have a proud and chivalrous spirit if your conduct is mean
and
paltry;
for whatever a man' s actions are, such must be his spirit."
-- Demosthenes
• Public Disruption
Members of the public who do not follow proper conduct after a warning
in a
public hearing may
be barred from further testimony at that meeting or removed from the
Council
Chambers.
• Inappropriate Staff Behavior
Councilmembers should refer to the City Manager any City staff or to
the City
Attorney any City
Attorney's staff who do not follow proper conduct in their dealings
with
Councilmembers, other
City staff, or the public. These employees may be disciplined in
accordance with
standard City
procedures for such actions. (Please refer to the section on Council
Conduct
with City Staff for more details on interaction with Staff. )
• Councilmembers Behavior and Conduct
City Councilmembers who intentionally and repeatedly do not follow
proper
conduct may be reprimanded or formally censured by the Council, lose
seniority
or committee assignments (both within the City of Sunnyvale or with
inter-government agencies) or have official travel restricted. Serious
infractions of the Code of Ethics or Code of Conduct could lead to
other
sanctions as deemed appropriate by Council.
Councilmembers should point out to the offending Councilmember
infractions of
the Code of Ethics or Code of Conduct. If the offenses continue, then
the matter
should be referred to the Mayor in private. If the Mayor is the
individual whose
actions are being challenged, then the matter should be referred to the
Vice
Mayor.
It is the responsibility of the Mayor to initiate action if a
Councilmember' s
behavior may warrant sanction. If no action is taken by the Mayor, the
alleged
violation(s) can be brought up with the full Council in a public
meeting.
If violation of the Code of Ethics or Code of Conduct is outside of the
observed
behaviors by the Mayor or Councilmembers, the alleged violation should
be
referred to the Mayor. The Mayor should ask the City Manager and/or the
City
Attorney to investigate the allegation and report the findings to the
Mayor. It
is the Mayor's responsibility to take the next appropriate action.
These actions
can include, but are not limited to: discussing and counseling the
individual on
the violations; recommending sanction to the full Council to consider
in a
public meeting; or forming a Council ad hoc subcommittee to review the
allegation; the investigation and its findings, as well as to recommend
sanction
options for Council consideration. Videotaping of the complaint hearing
should
be used for a Council ad hoc subcommittee.
Back to Table of Contents
Principles of Proper Conduct
Proper conduct IS ...
Keeping promises
Being dependable
Building a solid reputation
Participating and being available
Demonstrating patience
Showing empathy
Holding onto ethical principles under stress
Listening attentively
Studying thoroughly
Keeping integrity intact
Overcoming discouragement
Going above and beyond, time and time again
Modeling a professional manner
Proper conduct IS NOT ...
Showing antagonism or hostility
Deliberately lying or misleading
Speaking recklessly
Spreading rumors
Stirring up bad feelings, divisiveness
Acting in a self-righteous manner
It all comes down to respect
Respect for one another as individuals respect for the validity of
different
opinions . . .
respect for the democratic process . . . respect for the community that
we
serve.
Back to Table of Contents
Checklist for Monitoring Conduct
Will my decision/statement/action violate the trust, rights or good
will of
others?
What are my interior motives and the spirit behind my actions?
If I have to justify my conduct in public tomorrow, will I do so with
pride or
shame?
How would my conduct be evaluated by people whose integrity and
character I
respect?
Even if my conduct is not illegal or unethical, is it done at someone
else's
painful expense? Will it destroy their trust in me? Will it harm
their
reputation?
Is my conduct fair? Just? Morally right?
If I were on the receiving end of my conduct, would I approve and
agree, or
would I take offense?
Does my conduct give others reason to trust or distrust me?
Am I willing to take an ethical stand when it is called for? Am I
willing to
make my ethical beliefs public in a way that makes it clear what I
stand for?
Do I exhibit the same conduct in my private life as I do in my public
life?
Can I take legitimate pride in the way I conduct myself and the
example I set?
Do I listen and understand the views of others?
Do I question and confront different points of view in a constructive
manner?
Do I work to resolve differences and come to mutual agreement?
Do I support others and show respect for their ideas?
Will my conduct cause public embarrassment to someone else?
Back to Table of Contents
Glossary of Terms
attitudeThe manner in which one shows one' s dispositions,
opinions, and
feelings
behaviorExternal appearance or action; manner of behaving;
carriage of
oneself
civilityPoliteness, consideration, courtesy
conductThe way one acts; personal behavior
courtesyPoliteness connected with kindness
decorumSuitable; proper; good taste in behavior
mannersA way of acting; a style, method, or form; the way in
which thing
are done
point of orderAn interruption of a meeting to question whether
rules or
bylaws are being broken, such as the speaker has strayed from the
motion
currently under consideration
point of personal privilegeA challenge to a speaker to defend or
apologize
for comments that a fellow Council memberCouncilmember considers
offensive
proprietyConforming to acceptable standards of behavior
protocolThe courtesies that are established as proper and correct
respectThe act of noticing with attention; holding in esteem;
courteous
regard
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