1 STAFF REPORT
DATE: December 5, 2023
TO: Justin Hess, City Manager
FROM: Judie Wilke, Assistant City Manager
By: Viviana Garzon, MPA, Senior Administrative Analyst
SUBJECT: Approval of the City of Burbank Code of Conduct for Members of City Council
RECOMMENDATION
Approve the City of Burbank Code of Conduct for Members of City Council (Attachment 1).
BACKGROUND
At the September 26 , 2023, City Council meeting, Council deliberated Mayor Anthony's recent conduct. During the discussion, Council Member Mullins pointed out the imperative need for a Code of Conduct. In unanimous agreement, Council agreed to direct staff to develop and present a Code of Conduct for members of City Council, including guidelines for online behavior and content, and social media platforms.
DISCUSSION
City Council Handbook
Upon election to the City Council, new members participate in a Council Member Orientation meeting led by the City Manager, Assistant City Manager, Senior Administrative Analyst, and Executive Assistant. In this meeting, the recently elected Council Member receives a copy of the City Council Handbook (Handbook) (Attachment 2). The Handbook is updated in election years, particularly when there is an open City Council seat.
The primary purpose of the Handbook I s to offer a concise overview of crucial aspects related to City Council activities. It is designed to orient new Council Members and serve CITY MANAGER’S
OFFICE
2 as a reliable point of reference throughout their term. The Handbook covers various topics, including but not limited to:
• Roles and Responsibilities of Council Members
• Council Meeting Procedures and Protocols
• Legal Compliance and Requirements
• Collaboration with City Staff and Departments
• Decision-Making Processes and Voting Procedures
• Public Engagement and Communication Guidelines
• Overview of Council/ Manager Form of Government
• Overview of Council Liaison Role to Boards and Commissions
The Handbook serves as a comprehensive guide that outlines the roles, responsibilities, and expectations of City Council members and provides information on procedural matters, ethical standards, and other essential aspects of Council’s duties. By providing this resource, the City Manager aims to facilitate a smooth transition for new Council Members, foster a consistent understanding of Council operations, and promote effective governance within the City of Burbank.
In addition, at the Council Goal Setting meeting at the start of the year, Council adopts a version of two important documents, “ City Council: How We Work Together as a Team” (Attachment 3) and “City Council: Expectations of Staff” (Attachment 4). The documents mentioned above were adopted by the current Council on January 26, 2023.
Code of Conduct
There are various federal, state, and local laws, regulations, and policies that establish legal and other obligations on Council Member ’' behavior and conduct . Although the Council routinely adopts documents during the annual Goal Setting and the City Manager provides Council Members with the Council Handbook at the onset of their term, a comprehensive Code of Conduct has not been formally adopted in the past.
In formulating the proposed Code of Conduct, staff referenced the Code of Conduct and similar documents from fourteen cities in California, including Beverly Hills, Buena Park, Norwalk, West Hollywood, and Whitt ier. The se documents varied in both detail and scope. S taff used the m as valuable reference points during the refinement of the proposed Code of Conduct before Council.
3 The proposed Code of Conduct is organized into five sections:
A. Ethics - This section provides guidance on ethical issues and questions of right and wrong . Areas in this section include general ethical principles, c onflicts of interest, confidentiality, and political neutrality.
B. Conduct – This section describes the expected behavior of Council Members in their interactions with each other, staff, constituents, and the public when representing the City of Burbank. It includes guidelines for the use of social media platforms and communication with media outlets.
C. Implementation – This section provides that candidates for Council seats will receive a copy of the Code of Conduct and newly elected Council Members will receive a copy of the Code of Conduct and sign an acknowledgement that they have read and understood the document.
D. Enforcement – This section details the City Council’s authority and responsibility to enforce the Code of Conduct on behalf of the City, as well as the sanctions that may be imposed in the event of a C ode of Conduct violation. Sanctions may include warning, formal censure, or removal from the seat of Mayor and Vice Mayor as stated in Section 400 of the City Charter.
E. Process – This section outlines the procedure for a Council Member to initiate a formal complaint against another Council Member for an alleged violation of the Code of Conduct. The process involves submitting a request for a future agenda item during a noticed public City Council meeting. Any disciplinary actions decided by the City Council must be determined by a majority vote, with at least a quorum of Council Members present at the public meeting. It is important to note that Council Members can only be removed from office through a voter recall process.
ENVIRONMENTAL REVIEW
This activity has no potential for resulting in either a direct phys ical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
FISCAL IMPACT
There is no fiscal impact associated with this report.
CONCLUSION
A Code of Conduct establishes the framework that Council Members use to carry out their public responsibilities with a focus on professionalism and accountability . Council Members have been trusted by members of the public and have an immense responsibility to carry out. The proposed Code of Conduct provides the standards Council 4 Members should aspire to and clearly outlines behaviors deemed unacceptable for elected officials in the City of Burbank.
The adoption of this Code of Conduct will serve to increase public confi dence in City government, foster equity and fairness in government operations, aid in informed Council decision-making, encourage high standards of behavior, and demonstrate the Council's commitment to upholding high standards of integrity that go beyond t he minimums required by law.
ATTACHMENTS:
Attachment 1 – City of Burbank Code of Conduct for Members of City Council Attachment 2 – City Council Handbook
Attachment 3 – City Council: How We Work Together as a Team Attachment 4 – City Council: Expectations of Staff