City of Corona
Staff Report
400 S. Vicentia Ave.
Corona, CA 92882
File #: 22-0431
REQUEST FOR CITY COUNCIL ACTION
DATE: 05/18/2022
TO: Honorable Mayor and City Council Members
FROM: City Manager’s Office
SUBJECT:
Code of Ethics and Conduct for Elected and Appointed Officials EXECUTIVE SUMMARY:
Chapter 2.09 of the Corona Municipal Code provides a defined and actionable Code of Ethics that establishes guidelines for high ethical standards for elected and appointed officials. Ordinance No. 3348 proposes to amend the Code of Ethics to include a Code of Conduct, which provides more detailed guidelines on how city officials should conduct themselves in both public settings and private encounters.
RECOMMENDED ACTION:
That the City Council:
a. Introduce, by title only, and waive full reading of Ordinance No. 3348, first reading of an ordinance amending Chapter 2.09 of the Corona Municipal Code to modify the Code of Ethics and Conduct for Elected and Appointed Officials.
b. Approve Administrative Policy 07400.009 to adopt a Code of Conduct for Elected and Appointed Officials.
BACKGROUND:
In September 2007, the Corona City Council approved a resolution establishing a Code of Ethics, which defined and encouraged ethical standards for elected and appointed officials as part of the City’s ongoing commitment to preserve public trust. Elected and appointed officials are defined as members of the City Council, the elected City Treasurer, and all individuals appointed by the Mayor and/or City Council to City boards, commissions and committees. The original Code of Ethics was a relatively straightforward recitation of goals and objectives for the City, including respect of individuals, honor of the public’s trust, and maintenance of open and honest communications.
In May 2011, the City Council voted to repeal the resolution for the original Code of Ethics and City of Corona Page 1 of 4 Printed on 5/12/2022
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File #: 22-0431
In May 2011, the City Council voted to repeal the resolution for the original Code of Ethics and established a City Ordinance that outlines a defined and actionable Code of Ethics which is codified in Section 2.09 of the Corona Municipal Code (CMC).
ANALYSIS:
The current Code of Ethics includes a brief section on Proper Conduct and Professionalism, which provides that City officials shall treat each other, staff and the public with respect, courtesy, and professionalism, and comply with the City’s rules of decorum found in Section 2.12.020 of the CMC.
In December 2021, Mayor Speake requested the development of a full Code of Conduct as a future agenda item for the City Council’s review and consideration. In response to this request, staff researched best practices for Codes of Conduct from other local agencies and prepared a draft administrative policy on Code of Conduct for Elected and Appointed Officials, which provides more detailed guidelines on how City officials should conduct themselves in both public settings and private encounters. Staff is recommending Chapter 2.09 of the CMC (Code of Ethics for Elected and Appointed Officials) be amended to remove the Proper Conduct and Professionalism section and replace it with a reference to the attached Administrative Policy establishing a Code of Conduct for Elected and Appointed Officials (AP 07400.009). Incorporating the Code of Conduct into an administrative policy rather than in the CMC provides greater flexibility for the Code of Conduct to be a livable, breathable document that is easier to adapt without having to go through the lengthy process of amending the CMC whenever changes are needed.
Below is a summary of the recommended guidelines outlined in the administrative policy on proper conduct for City officials in certain situations. A more detailed description of these guidelines can be found in the attached Administrative Policy 07400.009 (Code of Conduct for Elected and Appointed Officials) (Exhibit 4). Moreover, those changes discussed during the City Council Study Session held on April 27, 2022 can be seen in the attached redline version of AP 07400.009 (Exhibit 3).
Conduct Among Other Officials:
· In Public Meetings:
o Use formal titles
o Practice civility and decorum in discussions and debate o Respect the role of the Presiding Officer in maintain order o Come prepared for public meetings
· In Private Encounters:
o Continue respectful behavior in private
o Handle written and verbal communication with care
Conduct with City Staff:
· Be professional in communications with staff
· Questions of staff should be directed to the City Manager or Department Directors when appropriate
· Do not disrupt staff from their jobs
· Never publicly criticize an individual staff member
· Do not get involved in administrative functions
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· Inquire with staff before corresponding with the public on operational issues · Limit requests for additional staff support
· Do not solicit political support from staff
Conduct with the Public
· In Public Meetings:
o Be welcoming to speakers and actively listen
o Be fair and equitable in allocating public comment time to individual speakers o Maintain an open mind
o Ask for clarification, but avoid debate and arguments o No personal attacks
· In Unofficial Settings (including Social Media):
o Make no promises on behalf of the City Council, board, commission, or the City o Make no personal comments about other city officials
o Exhibit professional conduct and civility
Conduct with Other Agencies
· Be clear about representing the City or personal interests · Correspondence should be equally clear about representation · Be professional and respectful when interacting with officials from other public agencies City Council Conduct with Boards and Commissions
· If attending board/commission meetings, only personal opinions should be reflected (do not represent Council)
· Limit contact with board and commission members to questions of clarification · Remember that boards and commissions serve the community, not individual Council Members
· Be respectful of diverse opinions
· Keep political support away from public forums
Conduct with the Press/Media
· The Mayor and City Manager are designated spokespeople on high profile media inquiries
· Coordinate responses with staff for consistency and accuracy Staff is also recommending additional changes to the Code of Ethics in CMC Chapter 2.09 to include an expanded Responsibilities and Enforcement section which clarifies who is responsible for enforcing the Code and potential penalties for violating it. This section provides that each City official will be responsible for ensuring their own understanding of the Code of Ethics and Conduct and that all guidelines are being followed. The Mayor and the City Council will have an additional responsibility to intervene when violations of the Code are brought to their attention. Violations of the Code should be referred to the Mayor in private to initiate action. If no action is taken by the Mayor, or if the Mayor is the person whose actions are being challenged, then the violation can be brought up by any City official
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File #: 22-0431
violate the guidelines in the Code of Ethics and Conduct are subject to public reprimand or censure by the City Council, loss of regional board and/or committee assignments, removal of board members or commissioners from their appointed office by the City Council, and loss of appointment or removal from Vice Mayor or Mayor position.
FINANCIAL IMPACT:
There is no financial impact associated with the approval of the Code of Ethics and Conduct for Elected and Appointed Officials.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action merely approves a policy on Code of Ethics and Conduct for Elected and Appointed Officials, and there is no possibility that adopting this ordinance will have a significant effect on the environment.
PREPARED BY: Donna Finch, Assistant to the City Manager REVIEWED BY: Jacob Ellis, City Manager
Attachments:
1. Exhibit 1 - Ordinance No. 3348 - Redline
2. Exhibit 2 - Ordinance No. 3348 - Clean
3. Exhibit 3 - Administrative Policy 07400.009 - Redline
4. Exhibit 4 - Administrative Policy 07400.009 - Clean
5. Exhibit 5 - Presentation
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