CITY OF EMERYVILLE
City Council Policy
CODE OF ETHICS AND CONDUCT FOR ELECTED AND APPOINTED CITY OFFICIALS A. Code of Ethics
The ci�zens and businesses of Emeryville are en�tled to have a fair, ethical and accountable local government. To this end, the public should have full confidence that their elected and appointed officials:
• Comply with both the leter and spirit of the laws and policies affec�ng the opera�ons of government;
• Are independent, impar�al and fair in their judgment and ac�ons; • Use their public office for the public good, not for personal gain; and • Conduct public delibera�ons and processes openly, unless required by law to be confiden�al, in an atmosphere of respect and civility.
Therefore, members of the City Council and all Boards, Commitees and Commissions (individually a "Member" and collectively "Members" for purposes of this Code except where specific officials are addressed) shall conduct themselves in accordance with the following ethical standards to assure public confidence in the integrity of local government and its effec�ve and fair opera�on.
1. Acts in the Public Interest
Members will work for the common good of the people of Emeryville and not for any private or personal interest and will ensure fair and equal treatment of all persons, claims and transac�ons coming before the Emeryville City Council, Boards, Commitees and Commissions.
2. Comply with the Law
Members shall comply with the laws of the na�on, the State of California and the City of Emeryville in the performance of their public du�es. These laws include but are not limited to:
the United States and California cons�tu�ons, Fair Poli�cal Prac�ces laws pertaining to conflicts of interest, elec�on campaigns, financial disclosures, employer responsibili�es and open processes of government and adopted City ordinances and policies.
3. Conduct of Members
The professional and personal conduct of Members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal atacks upon the character or mo�ves of other Members, the public, and staff. This requirement is applicable to Members at all �mes.
4. Respect for Process
Members shall perform their du�es in accordance with the processes and rules of order established by the City Council and Boards, Commitees and Commissions governing the delibera�on of public policy issues, meaningful involvement of the public, and implementa�on of policy decisions of the City Council by staff. The City Council has adopted Robert’s Rules of Order to govern the conduct of all Emeryville City Council, Board, Commitee, and Commission mee�ngs.
Members shall respect the determina�ons of the City Council or Board, Commitee or Commission majority, understanding that a tenant of parliamentary procedure is finality – a�er vigorous discussion, debate, and vote a mater is deemed closed, and Members shall refrain from reques�ng to revisit the mater, other than through a mo�on for reconsidera�on consistent with parliamentary procedure set forth in Robert’s Rule of Order.
5. Conduct of Public Mee�ngs
Members shall prepare themselves for the mee�ng by reading the agenda packet in advance of the mee�ng, listen courteously, and aten�vely to all public discussions before the body, and focus on the business at hand. They shall refrain from interrup�ng other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of mee�ngs.
6. Decisions Based on Merit
Members should base their decisions on the merits and substance of the mater at hand, rather than on unrelated considera�ons.
7. Communica�on
Members shall publicly share substan�ve informa�on that is relevant to a mater under considera�on by the Council or Board, Commitee or Commission, which they may have received from sources outside of the public decision-making process.
8. Conflict of Interest
In order to assure their independence and impar�ality on behalf of the common good, Members shall not use their official posi�ons to influence government decisions in which they have a material financial interest or where they have an organiza�onal responsibility or personal rela�onship, which may give the appearance of a conflict of interest.
In accordance with and to the extent required by state law, Members shall disclose investments, interests in real property, sources of income, and gi�s, and shall abstain from par�cipa�ng in
delibera�ons and decision-making where conflicts may exist. Members may seek advice on poten�al conflict of interest issues from the City Atorney and may also consult with the California Fair Poli�cal Prac�ces Commission.
9. Gi�s and Favors
Members shall refrain from accep�ng any gi�s, favors or promises of future benefits from any applicants seeking any discre�onary approvals or recommenda�ons.
10. Confiden�al Informa�on
Members shall respect the confiden�ality of informa�on concerning property, personnel or affairs of the City. They shall neither disclose confiden�al informa�on without proper legal authoriza�on, nor use such informa�on to advance their personal, financial, or private interests.
11. Use of Public Resources
Members shall not use public resources unavailable to the public in general, such as City staff �me, equipment, supplies or facili�es, for private gain or personal purposes.
12. Representa�on of Public Interests
In keeping with their role as stewards of the public interest, Members shall not appear on behalf of private interests of third par�es before the Council, any Board, Commitee, Commission, or other proceeding of the City, nor shall members of boards and commissions appear before their own bodies or before the Council on behalf of the private interests of third par�es on maters related to the areas of service of their bodies.
13. Advocacy
Members shall represent the official policies or posi�ons of the City Council, Board, Commitee or Commission to the best of their ability when designated as delegates for this purpose. The official City posi�on will be determined by a majority vote of the City Council. When presen�ng their individual opinions and posi�ons, Members shall explicitly state they do not represent their body or the City of Emeryville, nor will they allow inference that they do.
14. Policy Role of Members
Members shall respect and adhere to the council-manager structure of the City of Emeryville government as set forth in the Emeryville Municipal Code. In this structure, the City Council determines the policy of the City, with the advice, informa�on, and analysis provided by the public, Boards, Commitees, or Commissions, and City staff.
Except as provided by the Emeryville Municipal Code, Members shall not interfere with the administra�ve func�ons of the City or the professional du�es of City staff, nor shall they impair the ability of staff to implement Council policy decisions.
15. Independence of Boards, Commitees and Commissions
Because of the value of the independent advice of Boards, Commitees, and Commissions to the public decision-making process, Council Members shall refrain from using their posi�on to unduly influence the delibera�ons or outcomes of Board, Commitee and Commission proceedings.
16. Posi�ve Workplace Environment
Members shall support the maintenance of a posi�ve and construc�ve workplace for the City employees and for the ci�zens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees and in no way create a percep�on of inappropriate direc�on to staff.
B. Conduct
This sec�on is designed to describe the manner in which Members should treat one another, City staff, cons�tuents, and others they come into contact with in represen�ng the City of Emeryville.
The constant and consistent theme through all of the conduct guidelines is “respect.” Council Members experience heavy workloads and stress in making decisions that could impact the lives of Emeryville ci�zens. Despite these pressures, Members are called upon to exhibit appropriate behavior at all �mes. Demonstra�ng respect for each individual through words and ac�ons is the touchstone that can help guide Members to take appropriate ac�on even in the most difficult situa�ons.
1. Members’ Conduct with One Another in Public Mee�ngs
Emeryville’s Members are composed of individuals with a wide variety of backgrounds, personali�es, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may “agree to disagree” on conten�ous issues.
(a) Use Formal Titles
Members should endeavor to refer to one another formally during public mee�ngs, such as Mayor, Vice Mayor, Chair, Commissioner, or Council Member followed by the individual’s last name.
(b) Prac�ce civility and decorum in discussion and debate Difficult ques�ons, tough challenges to a par�cular point of view, and cri�cism of ideas and informa�on are legi�mate elements of a free democracy in ac�on. This does not allow, however, public officials to make belligerent, personal, imper�nent, slanderous, threatening, abusive, or disparaging comments. No shou�ng or physical ac�ons that could be construed as threatening will be tolerated.
(c) Honor the role of the chair in maintaining order.
It is the responsibility of the Chair to keep the comments of Members on track during public mee�ngs. Members should honor efforts by the Chair to focus discussion on current agenda items. If there is disagreement about the agenda or the Chair’s ac�ons, those objec�ons should be voiced politely and with reason, following procedures outlined in parliamentary procedure.
(d) Avoid personal comments that could offend other Members.
If a Member is personally offended by the remarks of another Member, the offended Member should make notes of the actual words used and call for a “point of personal privilege” that challenges the other Member to jus�fy or apologize for the language used. The Chair will maintain control of this discussion. (e) Demonstrate effec�ve problem-solving approaches.
Members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. (f) Ask for point of order but avoid debate and argument.
A Member can ask the Chair for a point of order if another Member is off topic or exhibi�ng behavior or language that the Member finds is disrup�ve to the mee�ng.
2. Members’ Conduct with the Public in Public Mee�ngs
Making the public feel welcome is an important part of the democra�c process. No signs of par�ality, prejudice or disrespect should be evident on the part of individual Members toward an individual par�cipa�ng in a public forum. Every effort should be made to be fair and impar�al in listening to public tes�mony. (a) Be welcoming to speakers and treat them with care and gentleness.
While ques�ons of clarifica�on may be asked, the official’s primary role during public tes�mony is to listen.
(b) Be fair and equitable in alloca�ng public hearing �me to individual speakers.
The Chair will determine and announce limits on speakers at the start of the public hearing process.
(c) Prac�ce ac�ve listening
Ac�ve listening is being fully engaged while another person is speaking. It is listening with the intent to understand the other person fully, rather than listening to respond.
Members should use nonverbal cues that show understanding such as nodding, eye contact, and leaning forward in addi�on to asking open-ended ques�ons and specific ques�ons to seek clarifica�on.
(d) Maintain an open mind.
Members of the public deserve an opportunity to influence the thinking of Members.
Members should not express a conclusion or opinion on a mater before the Council, Board, Commitee, or Commission prior to public comment. (e) Ask for clarifica�on but avoid debate and argument with the public.
Only the Chair – not individual Members – can interrupt a speaker during a presenta�on.
However, a Member can ask the Chair for a point of order if the speaker is off topic or exhibi�ng behavior or language that the Member finds is disrup�ve to the mee�ng.
3. Members’ Conduct with City Staff
Governance of a City relies on the coopera�ve efforts of Council Members, who set policy, Board, Commitee or Commission members who advise the City Council, and City staff who implement and administer the City Council’s policies. Every effort should be made to be coopera�ve and show mutual respect for the contribu�ons made by each individual for the good of the community.
(a) Treat all staff as professionals.
Clear, honest communica�on that respects the abili�es, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. (b) Do not disrupt City staff from their jobs.
Members should not disrupt City staff while they are in mee�ngs, on the phone, or engrossed in performing their job func�ons in order to have their individual needs met.
Do not atend City staff mee�ngs unless requested by staff – even if the Member does not say anything, the Member’s presence implies support, shows par�ality, may in�mate staff, and hampers staff’s ability to do their job objec�vely. (c) Never publicly cri�cize an individual employee
Members should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee’s manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversa�on. Board, Commitee or Commission members should make their comments regarding staff to the City Manager or the Mayor. (d) Do not get involved in administra�ve func�ons.
Members ac�ng in their individual capacity must not atempt to influence City staff on the making of appointments, awarding of contracts, selec�ng of consultants, processing of development applica�ons, or gran�ng of City licenses and permits. The City Manager has the sole authority to direct staff and is responsible for the appropriate alloca�on of staff resources. The City Manager may request input from Council Members who possess relevant professional experience, special knowledge or training which would be useful in the development of requests for proposals or the selec�on process. (e) Do not solicit poli�cal support from staff.
Members should not solicit any type of poli�cal support, or support for non-profits or affiliated organiza�ons (financial contribu�ons, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private ci�zens with cons�tu�onal rights, support poli�cal candidates but all such ac�vi�es must be done away from the workplace.
(f) No individual Atorney-Client rela�onship
A Member shall not seek to establish an individual atorney-client rela�onship with the City Atorney, including City Atorney staff and atorneys who contract to work on behalf of the City. The City Atorney represents the City and not individual Members seeking advice on maters which are inconsistent with City policy. While the City Atorney may provide conflict of interest advice and other legal advice to Members regarding maters within their subject mater jurisdic�on and consistent with City policy, Members who consult with the City Atorney in any other capacity cannot enjoy or establish an atorney-client rela�onship with the atorney to the exclusion of other Members.
4. Council Conduct with Boards, Commitees and Commissions
The City has established several Boards, Commitees and Commissions as a means of gathering more community input. Ci�zens who serve on Boards, Commitees and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with apprecia�on and respect.
(a) If atending a Board, Commitee or Commission mee�ng, be careful to only express personal opinions.
Council Members may atend any Board, Commitee or Commission mee�ng, which are always open to any member of the public. However, Council Members should be sensi�ve to the way their par�cipa�on – especially if it is on behalf of an individual, business or developer – could be viewed as unfairly affec�ng the process. Any public comments by a Council Member shall state that the comment is that individual’s opinion and not representa�ve of the en�re City Council unless the Council Member has otherwise been directed by a majority of the City Council to speak on behalf of the City Council.
(b) Limit contact with Board, Commitee and Commission members to ques�ons of clarifica�on.
It is inappropriate for a Council Member to contact a Board, Commitee or Commission member to lobby on behalf of an individual, business, or developer, and vice versa. It is acceptable for Council Members to contact Board, Commitee or Commission members in order to clarify a posi�on taken by the Board, Commitee or Commission. (c) Respect that Boards, Commitees and Commissions serve the community, not individual Council Members.
The City Council appoints individuals to serve on Boards, Commitees and Commissions, and it is the responsibility of Boards, Commitees and Commissions to follow policy established by the City Council. But Board, Commitee and Commission members do not report to individual Council Members, nor should Council Members feel they have the power or right to threaten Board, Commitee and Commission members with removal if they disagree with an issue.
Appointment and re-appointment to a Board, Commitee or Commission should be based on such criteria as exper�se, ability to work with staff and the public, and commitment to fulfilling official du�es. A Board, Commitee or Commission appointment should not be used as a poli�cal “reward.”
(d) Be respec�ul of diverse opinions.
A primary role of Boards, Commitee and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspec�ves. Council Members may have a closer working rela�onship with some individuals serving on Boards, Commitees and Commissions, but they must be fair and respec�ul of all ci�zens serving on Boards, Commitees and Commissions. (e) Keep poli�cal support away from public forums.
Board, Commitee and Commission members may offer poli�cal support to a Council Member, but not in a public forum while conduc�ng official du�es. Conversely, Council Members may support Board, Commitee and Commission members who are running for office, but not in an official forum when ac�ng in their capacity as a Council Member.
SANCTIONS FOR VIOLATIONS OF CODE OF ETHICS AND CONDUCT
BY MEMBERS
A. Acknowledgement of Code of Ethics and Conduct
The Emeryville Code of Ethics and Conduct expresses standards of ethical conduct expected from Members. Members themselves have the primary responsibility to ensure that ethical standards are understood and met, and that the public can con�nue to have full confidence in the integrity of government. The chairs of Boards, Commissions, and Commitees and the Mayor have the addi�onal responsibility to intervene when Members’ ac�ons appear to be in viola�on of the Code of Ethics and Conduct. The City Council may impose sanc�ons on Members whose conduct does not comply with the City’s ethical standards, such as reprimand, formal censure, and loss of seniority including the Offices of Mayor and Vice Mayor or commitee assignment, including on City commitees and intergovernmental commitees. The City Council may act to remove members of Boards, Commissions, and Commitees from office for viola�ons of the Code of Ethics and Conduct or applicable state law requirements.
Members are to sign an acknowledgement that they have read and understand the Code of Ethics and Conduct and agree to comply fully with state and local requirements and conduct themselves in accordance with the Code of Ethics and Conduct. Members further acknowledge that confiden�al communica�ons received from the City Atorney’s office, including legal opinions and advice given by the City Atorney or outside counsel represen�ng the City in closed session, are privileged and not subject to disclosure to third par�es. No Member may disclose confiden�al informa�on unless the City, ac�ng through the City Council or City Manager, authorizes disclosure.
B. Ethics Training for Officials
Ethical standards shall be included in any regular orienta�ons for candidates for City Council and applicants to Board, Commitees, and Commissions, and for new Members. Upon assuming
office, Members shall agree to comply with all training requirements, including ethics training, mandated by the state or City.
C. Council Members
Council Members who inten�onally and repeatedly do not follow the Code of Ethics and Conduct may be reprimanded or formally censured by the City Council, and/or lose seniority including the Offices of Mayor or Vice Mayor or commitee assignments, including on City commitees and intergovernmental commitees.
Any Council Member who wishes to bring a formal complaint against another Council Member for viola�on of the Code of Ethics and Conduct may request a Future Agenda item at a no�ced public City Council mee�ng, and upon receiving majority support of the City Council, an agenda item shall be placed on a future no�ced public City Council mee�ng to discuss the complaint. A Council Member who submits a Future Agenda item, which has received majority support of the City Council, shall submit to the City Atorney the factual allega�ons and relief requested within ten days for the purpose of preparing the future Agenda Item. When the mater is placed on the agenda at a subsequent City Council mee�ng, the Council Member against whom the complaint was filed shall be afforded no�ce of any proposed ac�on to be taken by the City Council and an opportunity to refute the allega�ons presented. Any discipline imposed by the City Council shall be determined by a majority vote of at least a quorum of Council Members at that mee�ng. Council Members, however, may only be removed from office by voter recall.
D. Board, Commitee and Commission Members
The City Council may also impose sanc�ons on Board, Commitee, and Commission members whose conduct does not comply with the Code of Ethics and Conduct, City’s policies, and state law, up to and including removal from office.
Any Council Member who wishes to bring a formal complaint against a Board, Commitee, or Commission member for viola�on of the Code of Ethics and Conduct, City’s policies, or state law may request a Future Agenda item at a no�ced public City Council mee�ng, and upon receiving majority support of the City Council, an agenda item shall be placed on a future no�ced public City Council mee�ng to discuss the complaint. At that City Council mee�ng, the Board, Commitee, or Commission member against whom the complaint was filed shall be afforded no�ce of any proposed ac�on to be taken by the City Council and an opportunity to refute the allega�ons presented. Any discipline imposed by the City Council shall be determined by a majority vote of at least a quorum of Council Member at that mee�ng.
When deemed warranted, a majority of the City Council may also call for an inves�ga�on of Board, Commitee or Commission member’s conduct as a Future Agenda item at a no�ced public City Council mee�ng. Further, if the City Manager or City Atorney believe that an inves�ga�on is warranted, they shall confer with the Mayor or City Council as warranted. The
Mayor or City Council may ask the City Manager to inves�gate the allega�on(s) and report the findings at a future no�ced public City Council mee�ng.
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I affirm that I have read and understand the City of Emeryville’s Code of Ethics and Conduct for Elected and Appointed Officials __________________________ _______________________
Signature Date
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Printed Name