RESOLUTION NO. 4289-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW
ADOPTING THE CITY OF BARSTOW ETHICS CODE AND THE CITY OF
BARSTOW CENSURE POLICY AND PROCEDURES
WHEREAS, the laws of the State of California govern all aspects of public service thies dislisure il campare of personions and nice ises a mi gift and considered conflicts of interest as well as criminal misconduct; WHEREAS, it is understood that the State of California has numerous sets of ws that guide the ethical behavior of public officials and employees, the City o arstow wishes to establish that this is a community whose ethical values are clear stated in an ethics code that is fully understood not only by its elected officials and appointed leaders, but by city employees and the Barstow citizenry to represent the values this community holds in highest regard;
WHEREAS, the City of Barstow will require from its public officials, both elected and appointed, that they comply with the letter and spirit of all laws governing the operations of government and its ethics code; and
WHEREAS, the Barstow City Council wishes to adopt an ethics code to meet the goals of fair, accountable and ethical government, and to adopt a censure policy to ensure that the ethics code is appropriately enforced.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW HEREBY FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
Section 1. Each of the recitals set forth above is true and correct.
Section 2 The City of Barstow Ethics Code, attached hereto as Exhibit A, is hereby adopted by the City Council.
Section 3. The City of Barstow Censure Policy and Procedures, attached hereto as Exhibit B, is hereby adopted by the City Council.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 21st day of August, 2006. 3032L.1
Beware Ele
Lawrence E. Dale, Mayor
COE BARDOL CORPORITE
ATTEST:
*
SEPT. 30, 1847
Salaal. Consis, One
JoAnne V. Cousino, City Clerk
I, JoAnne V. Cousino, City Clerk of the City of Barstow and ex-officio Clerk of the City Council DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. 4289-2006, was adopted by said City Council at a regular meeting held on 21st, 2006, by the following votes:
AYES: Councilmembers, Runyon, Gomez; Mayor Pro Tem Curran and Mayor Dale
NOES: None
ABSENT: None
ABSTAIN: None
Jalane V. Concio, One
JoAnne V. Cousino, City Clerk
80321.1
EXHIBIT A
CITY OF BARSTOW ETHICS CODE
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City of Barstow
Ethics Code
Background
The laws of the State of California govern all aspects of public service ethics including of campaign contributions and other issues that might be considered conflicts of interest full disclosure of personal economic interests, loans, gifts and honoraria, full disclosure Purpose
While it is understood that the State of California has numerous sets of laws that guide the ethical behavior of public officials and employees, the City of Barstow wishes to establish that this is a community whose ethical values are clearly stated and fully understood not only by its elected officials and appointed leaders, but this Ethics Code is recognized and acknowledged by its employees and its citizen representatives to represent the values this community holds in highest regard.
Applicability
The community of Barstow, California is entitled to fair, accountable and ethical local government. Therefore, the City of Barstow will require from its public officials. bott elected and appointed, that they comply with the letter and spirit of all laws governing the operations of government.
Ethics Code
The City of Barstow requires that public officials, both elected and appointed, shall:
› Be fair and objective in their judgment and actions without consideration of their personal good, and with an understanding that their position is not for personal gain, but for public good;
> Conduct themselves in a way that brings pride to the community; > Be independent, fair and impartial in their judgment and actions; » Perform as role models for the community, within an atmosphere of respect and civility;
• Conduct themselves in a manner where the professional and personal conduct of members must be above reproach, and avoid even the slightest appearance of impropriety;
» Refrain from conduct or speech which is prohibited under local, State or Federal law;
• Perform their duties in accordance with the processes and rules of order established by the City Council, boards and commissions pertaining to the deliberation of public policy issues, including meaningful involvement of the public, and the implementation of policy decisions; 796613 1
› Prepare themselves for meetings and other discussion on public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand; and
• Refrain from engaging in conduct or speech that results in interference with or impediment of the orderly conduct of meetings.
Implementation and Enforcement
This Ethics Code intended to be self-enforcing. This statement will be included in the boards, commissions and the public, as it deems necessary.
Any elected official found to be in violation of the Ethics Code may be subject to censure by the City Council in accordance with a censure policy adopted by Resolution. Any appointed member of a commission or board found to be in violation of the Ethics Code may be subject to removal by the City Council.
79661.3 2
Ethics Code
Statement of Compliance
abide by its provisions. Specifically, I agree to: → have read and understood the Ethics Code and agree to » Be fair and objective in my judgment and actions without consideration of ay personal good, and with an understanding that my position is not fo ersonal gain, but for public good
> Conduct myself in a way that brings pride to the community; → Perom as a rol model for tartain my ly, mein and amosphere of respect and civility;
» Conduct myself in a manner where my professional and personal conduct must be above reproach, and avoid even the slightest appearance of impropriety;
> Refrain from conduct or speech which is prohibited under local, State or Federal law;
› Prepare myself for meetings and other discussion on public issues; lister courteously and attentively to all public discussions before the body; anc focus on the business at hand; and
> Refrain from engaging in conduct or speech that results in interference with or impediment of the orderly conduct of meetings.
Signed on this date → 200_
By: _
Name:
Office:
79661.3 3
TO BE POSTED OUTSIDE OF COUNCIL CHAMBERS:
For City Council Members:
C Community service is our mission
Openness, respect and courtesy is an expectation
U Understanding what is being said to me is more important than my being understood
N No one has a higher priority than each citizen of this and any forthcoming generation
C Compassion and commitment to the needs of the citizen majority is primary in my actions
I Integrity and honesty is reflected by my supporting that which is right in the long run and not what is right for me and my friends L Loyalty to our community and its future generations will be our legacy.
For Barstow staff:
Barstow staff and officials serve on behalf of all Barstow citizens A Actions should reflect dignity and integrity
R Respect, courtesy, openness: the hallmark of our performance S Service to our community is our primary goal
T Treat each person with same level of respect and understanding that you feel is due you
Offer to help. Getting involved makes for a better community W We will work together for the community of Barstow's long-term growth and well-being.
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For Members of the Barstow Community:
Common courtesy. Show it to each citizen regardless of their public status.
Offer to help. Getting involved makes for a better community.
M Make a difference by helping and not just complaining.
M Make your voice known. Leadership listens to those who speak up.
U Unite. Divisiveness creates more divisiveness.
N Neighbors. Get to know them. It will make the entire community a better and safer place.
I Invest in the future generations by investing time and attention to the children of the community. You will make a tremendous difference in the lives of those involved.
Treat each person with the same level of respect and understanding that you feel is due you.
Y You are just as responsible for this community as anyone else. 79661.3
EXHIBIT B
CITY OF BARSTOW CENSURE POLICY AND PROCEDURES
80321.1
Censure Policy
City of Barstow
BACKGROUND
The City of Barstow has a strong commitment to ethics. The Ethics Code adopted by the enty ed to til a Decemble a19 2tis, states The connunity of Barstow, Califormia is government." In order to be able to enforc onformance to its ethical policies as well as its ordinances, the City Council must have rocedure by which it can punish its own members for violation from its duly adopte ethical laws and policies.
PURPOSE
This Policy is intended to provide the mechanism by which the City Council, acting as a whole, can discipline and punish any of its members who violate state or federal laws, city ordinances or policies.
POLICY
It is the policy of the Barstow City Council that all of its members shall abide by federal and state law, city ordinances and City Council policies. Violation of such law or policy tends to injure the good name of the City and to undermine the effectiveness of the City Council as a whole.
Censure is a formal resolution of the City Council officially reprimanding one of its members. Censure is a punitive action which serves as a penalty imposed for wrongdoing but carries no fine or suspension of the rights of the member as an elected official.
Censure is an appropriate punitive measure when the violation of law or policy is deemed by the City Council to be a serious offense
In order to protect the overriding principle of freedom of speech, the City Council shall not impose censure on any of its members for the exercise of his or her First Amendment rights no matter how distasteful the expression was to the Council and the City.
However, nothing herein shall be construed to prohibit the City Council from collectively condemning and expressing their strong disapproval of such remarks.
In order to ensure the right to a fair jury trial, the City Council shall not impose censure on any of its members for the violation of any law while criminal charges are pending.
However, when the criminal proceedings are final, the City Council need not be bound by the conclusions of the Court and may hold a censure hearing.
PROCEDURE
1. A request for a censure hearing must be submitted to the Mayor Pro Tem in writing by a member of the Council. If the Mayor Pro Tem is the subject of the request, then the submission will be made to the Mayor. The request must contain the specific charges on which the proposed censure is based.
2. A copy of the request of censure and the charges shall be forwarded to all Council members within two business days.
3. The City Council shall determine that either:
A. Further investigation of the charges is required; or B. The matter is to be set for public hearing; or
C. No action is required.
4. Further investigation, if required, shall be done by an ad hoc committee appointed by the Mayor Pro Tem or the Mayor if the request for censure concerns the Mayor Pro Tem.
5. If the matter is set for public hearing, it must be set far enough in advance to give the accused member adequate time to prepare a defense.
6. At the hearing, the member of the Council subject to the request shall be given the opportunity to make an opening and closing statement and to question his or her accusers.
The member subject to the charges may be represented and may have the representative speak or question on his or her behalf.
1. A decision to censure requires the adoption of a Resolution making findings with regard to the specific charges, based on substantial evidence, and approved by a two- thirds vote of the City Council.
The City of
BARSTOW
AGENDA MATTER:
Resolution adopting Ethics Code and Censure Policy and Procedures
EXECUTIVE SUMMARY
Last year, the Council appointed an Ethics Committee which developed an Ethics Code that was adopted by the City Council in December 2005. The Ethics Committee was then directed to develop an enforcement/censure policy to encourage compliance with the Code. The City Attorney has subsequently revised Ethics Code and Censure policy to assure legal compliance. The revised Ethics Code and Censure Policy and Procedures are now being brought back to the Council for approval.
DISCUSSION
Code. The Council then directed the Committee to develop an enforcement/censure policy for the At the December 19, 2005 Council meeting, the Council unanimously adopted the attached Ethics Ethics Code. On May 14'
Clemmer, Lola Hanna, Will Henderson & Jeanette Hayhurst) brought back their recommendation for ' the Ethics Committee (Wilma Self, Mid Brock, Bill Schnittger, Bob an enforcement policy which the Council approved in concept. (See agenda item from May 14".) The City attorney raised concerns about potential legal issues associated with enforcement/censure refine the Ethics Code and Censure Policy. policy as it was presented. The Council then directed staff to work with the City Attorney to further attorney and reviewed by the Ethics Committee. The Committee believes the content is consistent The attached Ethics Code and Censure Policy and Procedures has been prepared by the City with their original intent while addressing legal concerns raised by the city attorney. Therefore, staff recommends that the Council adopt the revised Ethics Code and Censure Policy and Procedures.
RECOMMENDED ACTION
4PYe the revised Ethics Code and Censure Palic and Procedures and adopt Resolution No. -2006 and waive the reading.
PROPOSED BY FUNDING SOURCE
FUNDS BUDGETED MEETING DATE
a Jeanette Hayhurst N.A.
N.A.
C.M. APPROVAL August 21, 2006
AMOUNT REQUIRED CATEGORY
Hector Rodriguez ITEM NUMBER
N.A. City Council
15 -ster