DATE:
September 26, 2023
TO:
Paul Buddenhagen, City Manager
FROM:
John I. Kennedy, City Attorney
SUBJECT:
Resolution Of The City Council Of The City Of Emeryville Adopting A Code Of Ethics And Conduct For Elected And Appointed City Officials Recommendation
Staff recommends that the City Council adopt the attached Code of Ethics and Conduct for Elected and Appointed City Officials if it is City Council’s desire to adopt rules and regulations governing interactions and conduct with one another, City staff, and the public as well as the interactions and conduct of appointed City officials.
Background
The City Attorney’s Office was asked to provide guidance to the City Council regarding the possible adoption of a Code of Ethics and Conduct for Elected and Appointed City Officials (“Code of Ethics and Conduct”) which would govern Council Members’ and Advisory Body members’ actions and conduct as well as provide a process for ensuring compliance and enforcement. At the July 18, 2023 Budget & Governance Committee meeting, Committee members requested that the City of Barstow’s Code of Ethics and Conduct be used as a model for Emeryville’s draft policy with some revisions and that a draft be presented to the Committee at its September 5, 2023 meeting. At the September 5, 2023 Budget & Governance Committee meeting, Committee members made several revisions to the draft that was presented, approved the document, and asked that it be presented to the full City Council for consideration and adoption.
Discussion
The attached Code of Ethics and Conduct would apply to members of the City Council and all Boards, Committees and Commissions (who are defined as a "Member" and collectively "Members" in the Code of Ethics and Conduct except where specific officials are addressed). The draft draws heavily on the City of Barstow’s version with some notable exceptions. These include:
On page 5, language was added to provide that a Member can ask the meeting Chair for a point of order if another Member is speaking off topic or exhibiting behavior or language that the Member finds is disruptive to the meeting.
On page 6, a definition for “active listening” has been added. Members are required to practice active listening while other people are speaking.
On page 6, the requirement to “maintain an open mind” has been modified to require Members not to express a conclusion or opinion on a matter before the City Council, Board, Committee, or Commission prior to public comment.
On page 6, revised language to allow Members to ask the meeting Chair for a point of order if a speaker exhibits behavior or language that the Member finds is disruptive to the meeting.
On page 8, language was added to require that any public comment made by a Council Member attending a Board, Committee or Commission meeting include a statement that the Council Member’s comment is the individual’s opinion and not representative of the entire City Council unless the Council Member has otherwise been directed by a majority of the City Council to speak on their behalf.
In addition, the Sanctions for Violations of the Code of Ethics and Conduct section has been significantly modified from the Barstow model based on the Committee’s feedback. These changes include:
On page 9, the section on Acknowledgement of the Code of Ethics and Conduct has been revised to mirror state law requirements and includes a requirement that Members sign an acknowledgment that they have read, understand, and agree to comply with the Code of Ethics and Conduct. Further, Members acknowledge that confidential communications received by the City Attorney’s Office are privileged and confidential and not subject to disclosure to third parties absent a waiver by the full City Council, or the City Manager (if applicable).
On page 9-10, ethics training is required as part of any regular orientation for candidates for City Council and applicants to Boards, Committees and Commissions and for newly elected and appointed officials, and Members agree to comply with all training requirements upon assuming office.
On page 10-11, the sanctions that can be imposed for violations of the Code of Ethics and Conduct are enumerated for both Council Members and members of Boards, Committees, and Commissions.
Finally, on page 12, Council Members and Advisory Body members are required to sign to affirm that they have read and understand the City of Emeryville’s Code of Ethics and Conduct.
Fiscal Impact
There is no anticipated fiscal impact if the City Council adopts the Code of Ethics and Conduct.
Staff Communication with the Public
The Budget & Governance Committee held public meetings on July 18, 2023 and September 5, 2023 to consider a proposed Code of Ethics and Conduct.
Conflict of Interest
No conflict of interest a been identified.
Conclusion
Staff recommends that the City Council approve the resolution adopting the attached Code of Ethics and Conduct for Elected and Appointed City Officials if it is City Council’s desire to adopt rules and regulations governing interactions and conduct with one another, City staff, and the public as well as the interactions and conduct of appointed City officials.
PREPARED BY: John I. Kennedy, City Attorney
Approved and Forwarded to the
City Council of the City of Emeryville:
Paul Buddenhagen, City Manager
Attachments
Attachment A – Draft Resolution
Exhibit A – Code of Ethics and Conduct for Elected and Appointed City Officials City of Emeryville Code of Ethics and Conduct for Elected and Appointed City Officials City Council Meeting | September 26, 2023
City of Emeryville
CALIFORNIA
MEMORANDUM