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Anaheim, CA 92805
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www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
OFFICE OF THE CITY MANAGER
DATE: OCTOBER 17, 2023
FROM: OFFICE OF THE CITY MANAGER
SUBJECT: CREATION OF AN ETHICS OFFICER
ATTACHMENT (Y/N): NO ITEM # 26
GOVERNMENT CODE § 84308 APPLIES: NO
REQUESTED ACTION:
Discuss and provide direction to staff on the creation of an Ethics Officer.
DISCUSSION:
At the August 29, 2023 Council meeting, City Council approved a priority list of reforms stemming from the recommendations in the JL Group investigative report, and a calendar of when these items were to be brought forward for City Council discussion and action. The discussion regarding the creation of an Ethics Officer was calendared for October 17, 2023, to include discussion on (but not limited to) the following: an Ethics Officer responsible for oversight of the California Public Records Act, including having access to City emails, and for the role to oversee and enforce the Lobbying Ordinance, to include activities of lobbyists, the City Council, and designated City employees.
Functions of the Ethics Officer
The Ethics Officer’s role would be to promote public confidence in the integrity of local government and its operation. The functions of the Ethics Officer may include, but not be limited to, the following:
Serving as the City resource for understanding of laws, ordinances, and regulations pertaining to the conduct of public employees, elected and appointed officials, candidates, lobbyists, and others, including the California Political Reform Act, California Public Records Act, and local, state and federal statutes; Collaborating with key staff and departments such as the City Manager’s Office, City Attorney’s Office, City Clerk’s Office to advance conflicts and ethics efforts;
Developing, implementing, and sustaining an education program for employees, elected/appointed officials, lobbyists, stakeholders, and consultants to help them understand their responsibility to perform in compliance with all laws, rules, and regulations;
Evaluating and proposing improvements to laws and policies relating to campaign finance reform, lobbying, governmental ethics, and conflicts of interest; and
Conducting audits and enforcement investigations to ensure compliance.
Creation of Ethics Officer
October 17, 2023
Structure
It is recommended the City Council consider the creation of an Ethics Officer, which will be a direct appointment of the City Manager, as part of the Audit Division, or an attorney with the Office of the City Attorney. For either appointment, the Ethics Officer shall have sufficient experience and training in the subject matters listed above. It would be beneficial for the Ethics Officer to be a member of the California State Bar, and therefore subject to ethics regulations and the Code of Professional Conduct for attorneys. Were an attorney to be appointed to this role, the recommendation would be that the Ethics Officer should be a direct appointment of the City Attorney. The staff liaison and support for the Ethics Officer would be provided by the City Attorney. The Ethics Officer would act as legal counsel for the city under the direction of the City Attorney for administrative purposes but shall perform duties independently and free of interference from City staff and officials.
The City Council may also consider the option of creating an Ethics Commission. The Ethics Commission can be an independent commission made up of Anaheim residents for the purpose of monitoring, administering, and enforcing laws and policies relating to campaign finance reform, lobbying, governmental ethics, and conflicts of interest.
Examples of Appointment Process by other Agencies:
Oakland -Commission members must be an Oakland resident and registered to vote in Oakland. Four Commissioners are appointed by the full Commission on a rotating schedule. Three Commissioners are appointed respectively by the Mayor, City Attorney, and City Auditor.
San Diego - The Ethics Commission is composed of seven members appointed by the Mayor from a pool of nominees nominated by the Council and City Attorney and confirmed by Council. At least two members of the Commission must have been a candidate for elective governmental office or otherwise held high level positions in a campaign for elective governmental office. At least three of the members must be attorneys in good standing with the California Bar Association. No more than three members may be registered with the same political party.
Sacramento - The commission consists of five members. Members of the commission are nominated by the personnel and public employees committee and appointed by the mayor with the concurrence of a majority of the city council. Commission members must be residents of the city. Three members must have a background in law, ethics, local government, or similar experience.
IMPACT ON BUDGET:
Costs for implementation depends on City Council direction.
Respectfully submitted,
Jim Vanderpool
City Manager