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4 DATE:May 5, 2025
TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager
FROM: Benjamin L. Stock, City Attorney/District Counsel DEPARTMENT: City Attorney/District Counsel
SUBJECT: CONSIDERATION OF A CODE OF CONDUCT
RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors1 adopt the attached resolutions adopting a Code of Conduct for Foster City Elected and Appointed Officials.
EXECUTIVE SUMMARY
On January 21, 2025, Mayor Jimenez requested a future agenda item to reintroduce a Code of Conduct for the City Council. The Mayor referenced the San Mateo County Board of Supervisors recent adoption of a new code of conduct. This request was supported by a majority of the Council. The City Council met at a Study Session on March 10, 2025, and provided direction to staff on a draft Code of Conduct. The draft is before the City Council tonight for approval. (Attachment 1)
BACKGROUND
On October 5, 2020, the City Council appointed an Ad Hoc Subcommittee comprised of former Mayor Mahanpour, Council Member Froomin, and Planning Commissioner Wykoff to draft a recommended Code of Conduct and bring it to the City Council for action. The Subcommittee created a recommended Code of Conduct for Foster City Elected and Appointed Officials that was then adopted by the City Council. 1 Hereafter, any reference to the City Council includes the EMID Board of Directors.
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4 The 2020 Council Code of Conduct set forth guidelines relating to the conduct of appointed and elected officials in a number of areas including meeting decorum, conduct toward the public, conduct toward staff, City Council conduct with appointed boards, committees and commissions, and representations to the public. It also provided procedures relating to setting agendas for City Council meetings as well as the selection of Council Subcommittees. The Code of Conduct also provided a process for the reporting and investigation of complaints, which allowed any member of the public, including members of commissions or committees, the City Manager and the City Attorney to report violations of the Code of Conduct to the Mayor or Vice Mayor (if the complaint involved the Mayor).
On December 13, 2021, the City Council discussed amending, suspending or rescinding the Code of Conduct. After a robust discussion, the City Council voted 3-2 to rescind the Code of Conduct.
On January 21, 2025, Mayor Jimenez requested a future agenda item to reintroduce a Code of Conduct. This request was supported by a majority of the City Council. The City Council met at a Study Session on March 10, 2025, and provided direction to staff on a draft Code of Conduct.
ANALYSIS
At the recent Study Session, the City Council reviewed in detail the previous 2020 Code of Conduct and provided direction to staff to make certain edits. (Attachment 2, copy of the minutes.) The City Council discussed separating out issues that should be contained in a future handbook, and focus on Code of Conduct to address appropriate behavior for elected and appointed officials. Many of the proposed edits to the 2020 Code of Conduct attempt to streamline the document along these lines. Additionally, the City Council wanted to clarify language surrounding when it was appropriate for elected and appointed officials to attend internal staff meetings.
Edits were also proposed by the City Council relating to enforcement of the Code of Conduct. The City Council provided direction that any enforcement should be self- enforcing, and that any alleged violations be brought to the attention of the City Council.
Upon receipt of any complaint, the City Council may take any action that it deems necessary and lawful in responding to a complaint. Finally, the City Council directed that the Code of Conduct have a list of helpful resources directing elected and appointed officials to State and Municipal Code requirements pertaining to ethics and open government.
There is no requirement that a governing body adopt a Code of Conduct. The City Council is already obligated to comply with a number of State and Municipal Code requirements that promote transparency, openness, and fairness in government and decorum. However, the City Council has the authority to enact further governing documents to address the topics contained in the draft Code of Conduct before the City Council.
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4 CALIFORNIA EQUALITY QUALITY ACT
This item does not constitute a project as defined by the California Environmental Quality Act (Public Resources Code § 21000, et seq.) (CEQA) as the adoption of the resolution does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15378.).
FISCAL IMPACT
There is no direct fiscal impact associated with this action.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement
ATTACHMENTS
Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Redline 2020 Code of Conduct for Elected and Appointed Officials Attachment 4 – March 10, 2025 Study Session Minutes