1 ORDINANCE NO. 3348
AN ORDINANCE OF THE CITY OF CORONA,
CALIFORNIA, AMENDING CHAPTER 2.09 OF THE
CORONA MUNICIPAL CODE TO MODIFY THE CODE OF
ETHICS AND CONDUCT FOR ELECTED AND
APPOINTED OFFICIALS
WHEREAS, on May 18, 2011, the City Council of the City of Corona adopted Ordinance No. 3078, adding Chapter 2.09 (Code of Ethics for Elected and Appointed Officials) to the Corona Municipal Code (“CMC”) to establish both a Code of Ethics and a Code of Conduct for Elected and Appointed Officials;
WHEREAS, the City Council believes that a Code of Ethics and Conduct helps to assure that all elected and appointed officials conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of Corona’s City government; and WHEREAS, in furtherance of this goal, the City Council desires to amend Chapter
2.09 of the CMC to include “Code of Conduct” in its title and to replace the Proper Conduct and Professionalism section with an updated administrative policy outlining a Code of Conduct for Elected and Appointed Officials, which policy will be referenced and incorporated within Chapter
2.09 of the CMC; and
WHEREAS, the City Council wishes to further amend, clarify, and update other sections of Chapter 2.09 of the CMC related to the Code of Ethics;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CORONA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption of CMC Amendment. Chapter 2.09 (Code of Ethics for Elected and Appointed Officials) of Title 2 (Administration and Personnel) is hereby amended to read as set forth in Exhibit “A” attached hereto and incorporated herein by reference.
SECTION 2. Effective Date. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it, or a summary of it, to be published in a general circulation newspaper published in the City of Corona. This Ordinance shall take effect and be in force 30 days after its adoption.
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2 PASSED, APPROVED AND ADOPTED this 1st day of June, 2022.
Mayor of the City of Corona, California
ATTEST:
City Clerk of the City of Corona, California
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3 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Ordinance was regularly introduced at a regular meeting of the City Council of the City of Corona, California duly held on the 16th day of May, 2022, and thereafter at a regular meeting held on the 1st day of June, 2022, it was duly passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this ___(th) day of __________, _____.
City Clerk of the City of Corona, California
[SEAL]
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4 EXHIBIT "A"
CHAPTER 2.09
CODE OF ETHICS AND CONDUCT FOR ELECTED AND APPOINTED OFFICIALS Section 2.09.010 – Purpose
The purpose of this Code of Ethics and Conduct is to:
A. Encourage high ethical standards in official conduct by city officials.
B. Establish guidelines for ethical standards and conduct of city officials.
C. Require disclosure consistent with state law by city officials of private financial or other economic interests in matters affecting the city.
D. Act as a reminder of each city official’s duty to:
a. Serve the best interests of community to the best of their ability b. Be independent, impartial, and responsible
c. Use resources with efficiency and economy
d. Treat all people fairly
e. Use the power of their position appropriately for the well beingwell‐being of their constituents
f. Create an environment of honesty, openness, and integrity Section 2.09.020 – Scope
The provisions of this Code of Ethics and Conduct shall be applicable toapply all elected and appointed city officials as defined in this code. Notwithstanding anything herein to the contrary, state law, such as the Political Reform Act and Cal. Gov’t Code § 1090, shall be controlling in the event of an actual conflict with the provisions of this Code of Ethics and Conduct. This Code of Ethics and Conduct shall be interpreted to supplement, and not replace, any applicable provisions of state and federal law.
Section 2.09.030 ‐– Definitions
Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:
A. “Brown Act” means the Ralph M. Brown Act, found at Cal. Gov’t Code §§ 54950 et seq.
B. “City official or official” means, unless otherwise expressly defined herein, members of the City Council, the elected City Treasurer, and all individuals appointed by the Mayor and/or City Council, as appropriate, to city boards, commissions and committees.
B.C.“Code of Ethics and Conduct” means this Chapter 2.09, including the administrative policy provided for in Section 2.09.050 below.– Dean, please add a definition for Code of Conduct C.D. “Immediate family” means a spouse, registered domestic partner, dependent children, parents, and siblings.
D.E.“Government Code Section 1090” shall mean Cal. Gov’t Code §§ 1090 et seq. as such provisions exist at the time of the adoption of this Code of Ethics, or as may be amended from time to time.
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5 E.F. “Political Reform Act” shall mean the Political Reform Act of 1974, found at Cal. Gov’t Code §§ 81000 et seq., as such provisions exist at the time of the adoption of this Code of Ethics, or as may be amended from time to time.
G. “Public Records Act” means the Public Records Act, found at Cal. Gov’t Code §§ 6250 et seq.
Section 2.09.040 – Prohibitions Code of Ethics
All city officials shall conduct themselves in accordance with the following ethical standards, as determined in accordance with applicable federal and state law:
A. Conflicts of Interest. In addition to not violating applicable federal, state and local laws, in order to assure independence and impartiality on behalf of the common good and encourage compliance with conflict of interest laws, city officials shall use their best efforts to refrain from also creating even an appearance of impropriety in their actions and decisions. A city officialshall not, in a manner which violates the Political Reform Act, Government Code Section 1090, or any other applicable provision of federal, state and local laws, regulations or policies, make, participate in making, or in any way attempt to use his or her official position to influence a governmental decision in which (a) the official knows, or has reason to know, he orshe has a financial interest. Moreover, a city official shall not participate in any quasi‐adjudicative decision in which they have exhibited an has actual bias that would result in a common law conflict of interest and in the denial of due process under applicable federal or state law.
B. Use of Public Resources and Funds. A city official shall not use or expend public funds or resources which are not available to the public in general (e.g. City staff time, equipment,supplies, or facilities) for private purposes or inappropriate personal economic gain, as opposed to for the general welfare of the public. in accordance with applicable state and federal law.
C. Property Disposition. A city official shall not dispose of public property except in accordance with applicable state law.
D. Confidential Information. A city official shall maintain the confidentiality of all written materials and verbal information marked or treated as confidential or privileged by appropriate city officials or employees. For example, a city official shall not disclose confidential or other information subject to a privilege or not made available to the general public under the Brown Act, the Public Records Act or other applicable law, unless directed to do so by an express vote of the City Council.
E. Information Used for Personal Gain. A city official shall not directly or indirectly make use of, or permit others to make use of, for personal gain in violation of any applicable law, confidential or other information subject to a privilege or not made available to the general public under the Brown Act, the Public Records Act or other applicable law.
F. Coercive Use of Position. A city official shall not use his or her city position in any way to coerce, or give the appearance of coercing, another person to provide any economic benefit that violates the Political Reform Act, Government Code Section 1090 or otherapplicable law.
G. Acquisition of Goods or Services. A city official shall not order any goods and services for the city without proper prior authorization forsuch an expenditure. No city officialshall attempt to obligate the city or give the impression of obligating the city withoutproper prior authorization.
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6 H. Travel Reimbursement. A city official shall follow the Travel, Meeting and Reimbursement Regulations adopted by the City Council in Administrative Policy Section 100.13 (most recently adopted on February 18, 2009).
I. Influencing Court, Legislative or Other Proceedings. Without prior authorization by a majority vote of the City Council, no city official shall use his or her city position, or otherwise invoke the name of the city in any manner that could be perceived to be a representative capacity, to influence or attempt to influence the outcome of a case or other matter before a federal or state court, or other official legislative, administrative or legal body or officer.
J. Local One‐Year Ban. A city official shall comply with Government Code Section 87406.3 not accept, which prohibits certain public officials from receiving compensation for influencing certain City administrative, legislative or other actions for a period of one year after leaving office or employment, in accordance with Government Code Section 87406.3.
K. Appointment of Family Members. City Council Members shall not appoint, or nominate for appointment, members of their immediate family to positions on any city boards, commissions or committees.
Section 2.09.050 – Proper Conduct and ProfessionalismCode of Conduct The City Council shall adopt an administrative policy outlining a Code of Conduct for Elected and Appointed Officials, which policy shall be deemed to be incorporated herein by reference.Dean – please add language under this section that references the Code of Conduct in an Administrative Policy.
A. Treatment of Officials, Staff and the Public. City officials shall treat eachother, staff and the public with respect, courtesy and professionalism.
B. Assignments Directed by Council Members or Other Elected Officials. The City Manager, at his or her discretion, may determine that an assignment requested by a Council Member or other elected city official will take a substantial amount of staff work or timeand may, therefore, after discussing the matter with the individual Council Member or elected official, refer it to the City Council as a whole for direction.
C. Assignments Directed by Members of Boards, Commissions or Committees. City officials other than City Council members and other elected city officials shalldirect any desired assignments to the department head employee assigned to them or their legislative body.
If the city official wishes to pursue an assignment that the department head does not wish to pursue in his or her sole discretion, the matter shall be referred to the City Manager for direction.
D. Involvement in Management and Personnel Issues. Personnel issues, other than those involving the positions of City Manager and City Attorney, are the responsibility of the City Manager. The City Manager is responsible for prioritizing, directing and overseeing the work of City employees via the chain of command. A city official's concernsregarding any employee should be directed to the City Manager. City officials should never discuss personnel issues publicly, unless directed to do so by an express vote ofthe City Council,and they should not attempt to use their power to influence personnel decisions, such as
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7 disciplinary matters, or serve as advocates to influence special treatment of certain employees.
E. Professional Decorum. City officials shall exhibit professional decorum atall times while acting in the capacity of a city official, including, but not limited to, complying with the City's rules of decorum for public meetings found in Section 2.12.020 of this code.
Communication shall be conducted in an environment of professionalism toward colleagues, employees, constituents and visitors.
2.09.060 – Penalty Responsibilities and Enforcement
Scope of Penalties. Any city official found by a majority vote of the City Council to have violated any provision of this Code of Ethics is subject to: (1) public reprimand or censure by the City Council; (2) request for resignation by the City Council; (3) removal fromappointed office by the City Council; or (4) any other disciplinary action lawfully available to the City Council.
City officials themselves have the primary responsibility to ensure they understand and adhere to ethical standards , and that the public can continue to have full confidence in the integrity of government. The Mayor and Council Members have additional responsibility to intervene when actions of officials that appear to be in violation of this Code of Ethics and Conduct are brought to their attention.
City officials who intentionally and repeatedly do not follow proper conduct as outlined in this Code of Ethics and Conduct are subject to one or more of the following: (1) public reprimand or censure by the City Council; (2) loss of committee, commission or other assignments (both within the City or other intergovernmental agencies); (3) removal from appointed office by the City Council ; (4) loss of appointment or removal from the Vice Mayor or Mayor position; or (5) other sanctions as deemed appropriate by a majority vote of the City Council.
City officials should point out to the offending official any infractions of the Code of Ethics and Conduct.
If the offenses continue, then the alleged violations should be referred to the Mayor. Once it is brought to the attention of the Mayor, it is the responsibility of the Mayor to initiate action if a city official’s behavior may warrant sanction. If no action is taken by the Mayor, or the Mayor is the individual whose actions are being challenged, then the alleged violation(s) can be brought up by any official with the full City Council in a public meeting. If violation of the Code of Ethics and Conduct is outside of the behaviors observed by the City Council, then subsequent investigation should be referred by the City Council to the City Manager to undertake appropriate action.
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