February 14, 2023 Special Joint Meeting of the Guadalupe Council and the Recreation & Parks Commission Page 1 of 2 City of Guadalupe
AGENDA
Special Joint Meeting of the Guadalupe City Council
and the Recreation and Parks Commission
Tuesday, February 14, 2023, at 4:00 pm
City Hall, 918 Obispo Street, Council Chambers
The City Council meeting will broadcast live streamed on the City of Guadalupe’s Official YouTube channel: https://www.youtube.com/channel/UCaxeHWd9JkmvKnGFU8BAYQQ If you choose not to attend the City Council meeting but wish to make a comment during Community Participation Forum or on a specific agenda item, please submit via email to [email protected] no later than 2:00 pm on Tuesday, February 14, 2023.
Please be advised that, pursuant to State Law, any member of the public may address the City Council concerning any item on the Agenda, before or during Council consideration of that item. If you wish to speak on any item on the agenda, including any item on the Consent Calendar or the Ceremonial Calendar, please submit a speaker request form for that item. If you wish to speak on a matter that is not on the agenda, please do so during the Community Participation Forum.
The Agenda and related Staff reports are available on the City’s website: www.ci.guadalupe.ca.us Friday before Council meeting.
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available the Friday before Council meetings at the Administration Office at City Hall 918 Obispo Street, Monday through Friday between 8:00 am and 4:30 pm, and also posted 72 hours prior to the meeting. The City may charge customary photocopying charges for copies of such documents. Any documents distributed to a majority of the City Council regarding any item on this agenda less than 72 hours before the meeting will be made available for inspection at the meeting and will be posted on the City’s website and made available for inspection the day after the meeting at the Administrator Office at City Hall 918 Obispo Street, Monday through Friday between 8:00 am and 4:30 pm.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including review of the Agenda and related documents, please contact the Administration Office at (805) 356.3891 at least 72 hours prior to the meeting. This will allow time for the City to make reasonable arrangements to ensure accessibility to the meeting.
1. ROLL CALL:
City Council: Recreation Commission:
Council Member Christina Hernandez Commissioner Chair Joseph Harris Council Member Gilbert Robles Commissioner Enrique Ortiz Council Member Megan Lizalde Commissioner Emily Dreiling Mayor Pro Tempore Eugene Costa Jr. Commissioner Michael Jimenez Mayor Ariston Julian Commissioner Trevor Lamberson
February 14, 2023 Special Joint Meeting of the Guadalupe Council and the Recreation & Parks Commission Page 2 of 2
2. PLEDGE OF ALLEGIANCE
3. COMMUNITY PARTICIPATION FORUM
Each person will be limited to a discussion of three (3) minutes or as directed by the Mayor.
Pursuant to provisions of the Brown Act, no action may be taken on these matters unless they are listed on the agenda, or unless certain emergency or special circumstances exist. City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.
REGULAR BUSINESS
4. MANDATED PUBLIC ETHICS TRAINING FOR GOVERNMENT OFFICIALS (AB 1234).
5. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall display case and website not less than 24 hours prior to the meeting. Dated this 10th day of February 2023.
______________________________
Todd Bodem, City Administrator
Todd Bodem
Ethics and Public
Service
Laws and Principles
Session Objectives
Introduce you to ethics laws
Encourage you to ask questions when in
doubt, and ask early
Encourage you to think beyond legal
restrictions and provide tools for doing so
Help you comply with AB 1234 requirements
Public Service Ethics are Different
Laws play a bigger role
Perception as important as
reality
Gut is not a reliable guide
Ethics versus
Ethics Laws
Ethics Laws
Law = Minimum standards
What we must do
Ethics is what we ought to do
Above and beyond law’s minimum
requirements
Thinking Beyond Ethics Laws
Law tends to be starting point for most
ethical analyses in public service
Floor for ethical conduct—not the ceiling
Where do you want to set your sights as
a public servant?
Just because it’s legal, doesn’t mean it is
ethical (or public will perceive it to be
so)
Four Groups of Ethics Laws
1. Personal financial gain
2. Personal advantages
and perks
3. Governmental
transparency
4. Fair processes
Group 1:
Personal Financial Gain Issues
Principle: Public servants should
not benefit financially from their
positions
Personal
Gain
Examples of Laws
Bribery and related crimes
Financial interest disqualification
requirements
Revolving door restrictions
Personal
Gain
Bribery
Rule: Public officials may not
solicit, receive or agree to
receive a benefit in exchange
for their official actions
Penalties: Loss of office, prison
time, fines, restitution,
attorneys fees, disqualification
from holding office
Personal
Gain
Case Study: SLO County Cannabis
Grower
FBI charged Bobby Dayspring for paying SLO
County Supervisor $32,000 in cash and
money orders in exchange for votes
allowing cannabis farms to operate before
receiving permit approvals.
Dayspring faced maximum penalty 13 years.
Supervisor committed suicide after search
warrant executed.
Similar Crimes
Receiving rewards for
appointing someone to public
office
Embezzlement—converting
public funds or property to
your own
Personal
Gain
Disqualification Based on Financial
Interests
Rule: You may not participate in
a decision if financial interests—
yours, a spouse’s, or a
dependent’s—are affected by a
decision
Effect can be positive or
negative
Personal
Gain
Disqualification versus
Abstention
Abstention => voluntary
Disqualification => Legally
required
Does not imply wrongdoing
Unless don’t disqualify
What Kinds of Situations Do
You Need to Worry About?
When a decision involves someone who
gives or has given you money.
Your Sources of Income. Any source of income of $500 or more (including promised income) during the prior 12
months for you or spouse/domestic
partner or immediate family member.
A Lender/Loan Guarantor. A source of
a loan (including a loan guarantor) to
you.
Campaign Contributor. A campaign contributor of yours. New for 2023.
What Kinds of Interests?
Sources of income of $500 or
more
Your own income
Promised income
Partner’s/child’s income
Loans/guarantors
Personal
Gain
What Kinds of Interests?
Real property interests of $2000 or more,
when the decision falls into at least one
listed category.
-Example: the property subject to
the decision is 500 feet or less
from the official’s property
Personal
Gain
What Kinds of
Interests?
See Page 3 of
handout.
If You Are Disqualified
Don’t discuss or influence (staff or
colleagues)
Identify nature of conflict at
meeting
Leave room (unless matter on
consent and isn’t removed)
Limited exceptions
-Participate as owner
-Legally required participation
X
Penalties
Invalidate decision
Misdemeanor (could result in loss of
office)
Fines ($5,000 to $10,000 per violation)
Attorneys fees (yours and others)
Embarrassment (personal/political)
Special Rules for Contracts
Rule: Officers and employees may not have a
financial interest in a contract made by them
or a board they serve on.
-Direct or indirect interest
-It’s not enough to abstain – contract
void
-Limited exemptions
May have to refund money paid
Felony: $1,000 fine, imprisonment, and
loss of/bar from office
Personal
Gain
Campaign Contributions:
new in 2023
Officers of City may not receive or solicit
campaign contributions of more than $250
from applicants or other financially interested
persons during a proceeding and for 12 months
after.
Officers are disqualified from participating in
a decision if a party or participant contributed
more than $250 in the last 12 months.
Future Employment Issues
Revolving door prohibition
Electeds and top managers
Cannot represent people for pay
for a year after leaving their
agency
Can represent before another
public agency
No influencing or participation in
decisions involving future employers
Best Practices
Avoid temptation to look at public service as
an opportunity for financial gain
Look at every decision and ask yourself
whether it involves some kind of financial
interest for you or your immediate family
Group 2: Perks
Principle:
Public servants should not receive
special benefits by virtue of their
positions
PERKS
Two Kinds of Perk Rules
1. Perks that others offer
you
2. Perks that you give
yourself/use-of-publicresources issues
PERKS
Gifts
Meals, food and drink (including
receptions)
Entertainment (concerts & sporting
events)
Certain kinds of travel and lodging
Gift Rules and Limits
Report $50 and up (over a
year)
Limit $590 per year (1/2023)
Exceptions for some kinds of
travel, some nonprofit tickets
Be Careful: Gift may also be
a disqualifying interest
Special Gift Restrictions
No free transportation from
transportation carriers
No honoraria (fees) for speaking or
writing
Penalties
Up to $5,000 per violation
Own attorneys fees or others’
attorneys fees
Misdemeanor/loss of office
Use of Public Resources Issues:
Government Code §8314
Personal use of public resources
(including staff time and agency
equipment) prohibited
Political use of public resources
also prohibited
PERKS
Example:
Expense Reimbursement
Familiarize yourself with your agency’s
policies/limits
What kinds of expenses
What rates for food, lodging and
transportation
The importance of documentation
Note: Spouse/partner expenses not
reimbursable
Case Study: Sacramento
Suburban Water District
Staff and directors misusing public resources
Investigative report by Sacramento Bee
Use of agency credit card for personal purposes
Misreporting of income
Double-dipping on expense reimbursements
Legislative response: AB 1234
Consequences of Violations
Civil penalties: $1,000/day fine + 3X
value of resource used
Criminal penalties: 2-4 year prison
term + disqualification from office
Can also have income tax
implications
PERKS
Political Use of Public
Resources
By individuals or agency itself (support of
ballot measures)
Mass mailing restrictions
Goal: restrict incumbents’ advantages
Gifts of public funds
PERKS
Best Practice
Avoid perks and the temptation to
rationalize about them
Legally risky
Public relations headache
PERKS
Group 3:
Transparency Laws
Principles:
It’s the public’s business
Public trusts a process it can see Secrecy
Transparency Rules
Conduct business in open
and publicized meetings
Allow public to participate
in meetings
Allow public inspection of
records
The “Brown Act:” Conducting
Business at Open Meetings
A majority may not consult outside an
agency-convened meeting. Discuss only
items on agenda.
Key concept: what constitutes a meeting
Example: Serial communications, emails
Exceptions for certain kinds of events
As long as a majority does not consult
among themselves
Consequences of Violations
Nullification of decision
Criminal sanctions for intentional
violations (up to 6 months in
jail/$1000 fine)
Intense adverse media attention
Public Records
Agendas and meeting materials
Other writings prepared, owned, used or
retained by agency (including electronic)
-Always use agency phone and email address for
public business
-Don’t respond to another member’s social
media
Penalties: Adverse media attention +costs
and fees if litigated + court orders
production
Best Best Practices
Assume all information is public or will
become public
Don’t discuss agency business with fellow
decision-makers outside meetings
Secrecy
Financial Interest Disclosure
Transparency includes obligation for
high level public servants to
disclose financial interests (Form
700)
Assuming office
Annually while in office
Upon leaving office
Secrecy
Charitable Fundraising
Political Reform Act applies to
public officials who raise funds for
charity
Ask before you participate
Hurricane Katrina example
Group 4: Fair Process Laws
Principle: As a decision-maker, the
public expects you to be impartial
and avoid favoritism
Favoritism
Fair Process Laws
Due process requirements: notice,
opportunity to prepare and be
heard, fair and impartial hearing
Avoid bias
Disclose prior knowledge
Keep an open mind
Have strong opinions but don’t
prejudge
Incompatible office prohibitions
Favoritism
Fair Process Laws,
continued
Competitive bidding requirements
Award public works contract to
lowest responsible bidder
Principles:
Everyone has a right to
compete for agency’s business
That competition produces the
best price for taxpayers
Favoritism
Fair Process Laws,
continued
Employers can reasonably regulate
spouses working together (FEHA)
Public official should not participate
if decision involves family members
Campaign contribution restrictions –
disclose and disqualify when more
than $250 received in past 12 months Favoritism
Best Practices
Resist giving advance opinions; keep an
open mind and listen.
Review each application on its merits.
Disclose information received outside of the
hearing to keep the playing field level.
Beyond the Law:
Public Service Ethics
Principles
Ethics = Applying Values
to decisions
Six universal ethical values:
Trustworthiness
Responsibility
Respect
Loyalty
Fairness
Compassion
Source: Institute for Global Ethics
Applying Values to
Public Service
Trustworthiness:
Serve the community.
Be truthful with officers, the public and others.
Avoid actions the public would question.
Support positions with truthful, accurate info.
Do not use position for personal or political gain.
Make promises you can keep, and keep them.
Work to improve quality of life and promote
public interest.
Promote efficient use of agency resources.
Don’t use agency resources or information for
personal or political benefit.
Represent agency positions well when
authorized to do so.
Explicitly state that your personal opinions
do not represent the agency's position.
Responsibility:
Responsibility, cont’d.
Take responsibility for your own actions,
even when it is uncomfortable to do so.
Disclose suspected instances of impropriety
to the appropriate authorities.
Do not disclose confidential information
without proper legal authorization.
Be proactive and innovative.
Respect:
Treat fellow officials, staff and the public with
courtesy, even when you disagree with them.
Focus on the merits in discussions.
See value in diverse opinions; build consensus.
Follow through on commitments.
Be approachable and open-minded.
Listen carefully and ask valuable questions
Involve all appropriate stakeholders in meetings
affecting agency.
Come to meetings prepared.
Loyalty:
Safeguard confidential information.
Avoid conflicting political and personal interests.
Prioritize based on objective public benefits and
burdens—not personal ones.
Don’t oppose final decisions once made.
Put loyalty to the public interest above personal
and political loyalties.
Fairness:
Make decisions based on the merits of the issues.
Apply agency policies consistently.
Promote meaningful public involvement and
support the public’s right to know.
Support merit-based processes for the award of
public employment and public contracts.
Be impartial and do not favor those who either
have helped you or are in a position to do so.
Credit others' contributions in moving your
community's interests forward.
Compassion:
Realize that government can intimidate people
and work to make interactions stress-free.
Convey City’s care for and commitment to the
community.
Attune yourself to public needs and concerns.
Recognize responsibility to those less fortunate.
Make appropriate exceptions when policies
result in unintended consequences or undue
burdens.
Four Ethical Dilemmas (IGE)
Truth vs. Loyalty
Short-term vs. Long-term
Individual vs. Community
Justice v. Mercy
Three Principles for
Resolving Ethical Dilemmas
Ends-based Principle
Rules-based Principle
Care-based Principle
Importance of Public
Perception
Public Service ethics is about doing the right
thing because officials are stewards of public
trust in government.
Seek balance between doing the right thing
and the public’s perception of the right
thing.
Public’s confidence that the right thing has
been done is bolstered by following ethical
principles and being (appropriately)
transparent.
Questions to Ask
What would make the
public feel best/inspire
public confidence?
What would you want to
read about on the front
page?
How do you want to be
remembered?
Additional Resources:
The Law Ethics
The Fair Political
Practices
Commission
www.fppc.ca.gov
1-866-ASK-FPPC
(1-866-275-3772)
The Institute for Local
Government
https://www.ca- ilg.org
https://www.ca- ilg.org/sites/main/file
s/file- attachments/ilg_good_
gov_checklist_final_0.
pdf?1654062864
Key Lessons
The law sets minimum standards for
ethical behavior
Violations of ethics laws carry
stiff penalties
When in doubt, ask and ask early
It’s your choice how high you want
to set your sights above the
minimum requirements of the law
AB 1234 Compliance
Sign in
Proof of participation certificate
Provide to clerk as public record
Consider going beyond the minimum in
terms of education
Questions?
INSTITUTE FOR LOCAL GOVERNMENT 1400 K STREET, SUITE 205, SACRAMENTO, CA 95814 WWW.CA-ILG.ORG Note that the following are not statements of law, but rather principles the law is designed to achieve. The goal in providing this list is to identify the kinds of issues addressed by public service ethics laws. If an issue arises for you under these principles, public officials should consult agency counsel.
ETHICS LAW PRINCIPLES
PERSONAL FINANCIAL GAIN
Generally speaking, public officials:
Cannot request, receive or agree to receive
anything of value or other advantages in exchange
for a decision.
Must disclose their financial interests to the public. Must disqualify themselves from participating in
decisions that may affect (positively or negatively)
their financial interests in a material way.
Cannot have a financial interest in a contract made
by their agency.
Cannot be involved in agency decisions affecting
a potential future employer once the official and
employer each have expressed an interest in a
professional relationship.
Cannot receive compensation to lobby their
agency for one year following their departure from
the agency.
PERK ISSUES: INCLUDING COMPENSATION,
USE OF PUBLIC RESOURCES AND GIFTS
Generally speaking, public officials:
Receive limited compensation for their service to
the public.
Cannot receive compensation for speaking, writing
an article or attending a conference.
May be reimbursed for only those activities and
necessary expenses allowed in the agency’s
expense reimbursement policies.
Cannot use public agency resources (money, travel
expenses, staff time and agency equipment) for
personal or political supplies or purposes.
Cannot send or be featured in mass mailings at
public expense.
Cannot make gifts of public resources or funds.
Must disclose gifts they receive from each
single source that has given gifts worth $50 or
more in a single calendar year through the Form
700 process.
May not receive gifts worth a total of $520
(2021-22 amount) from a single source in a single
calendar year. Note: this amount changes every
two years.
May only accept free trips and travel expenses
under limited circumstances.
May not accept free or discounted transportation
from transportation companies.
May not use campaign funds for personal benefits
not directly related to a political, legislative or
governmental purpose.
Ethics Law Principles for Public Servants:
KEY THINGS TO KNOW
INSTITUTE FOR LOCAL GOVERNMENT 1400 K STREET, SUITE 205, SACRAMENTO, CA 95814 WWW.CA-ILG.ORG
TRANSPARENCY
Generally speaking, public officials must:
Disclose their economic interests when they take
office, annually while they are in office and when they leave office. These economic interests can include:
sources of income, property ownership, investments,
certain family members’ interests, business interests,
loans, contracts and gifts received.
Disclose information about who has agreed to donate
significant resources ($5,000 or more) to legislative,
governmental or charitable purposes at an elected
official’s request.
Disclose campaign contributions and abide by
applicable limits.
Conduct the public’s business in open and publicized
meetings, except for the limited circumstances when
the law allows closed sessions.
Allow the public to participate in meetings and listen to the public’s views before making decisions.
Allow public inspection of documents and records
generated, owned, used or retained by public
agencies, except when non-disclosure is specifically
authorized by law.
Disclose gifts given to the public agency and how
they are ultimately used.
FAIR PROCESS AND MERIT-BASED
DECISION-MAKING
Generally speaking, public officials:
Cannot receive loans from other staff, officials or
contractors, and must disclose and comply with
certain requirements for loans from others.
Cannot engage in vote-trading.
Have a responsibility to ensure fair and competitive
agency contracting processes.
Cannot participate in quasi-judicial proceedings in
which they have a bias with respect to the parties
or facts.
Must conduct public hearings in accordance with fair
process principles.
Cannot participate in decisions that will benefit their immediate family (spouse/domestic partner and
dependent children).
Cannot simultaneously hold certain other public
offices or engage in other outside activities that
would subject them to conflicting loyalties.
Cannot participate in entitlement proceedings—such
as those regarding land use permits—involving
campaign contributors (does not apply to elected
bodies).
Cannot solicit campaign contributions of more than
$250 from permit applicants while an application
is pending and for three months after a decision (if
sitting on an appointed body).
Cannot directly solicit agency employees for political support or donations for their political causes.
Cannot retaliate against whistleblowers who report
improper government activities.
KEY CONCEPTS
A public agency’s decision should be based solely on what best serves the public’s interests.
The law is aimed at the perception, as well as the reality, that a public official’s personal interests may influence a decision. Even the temptation to act in one’s own interest could lead to disqualification, or worse.
Having a conflict of interest does not imply that a public official has done anything wrong; it just means that the official has financial or other disqualifying interests.
Violating the conflict of interest laws could lead to
monetary fines and criminal penalties for public officials, and may lead to proceedings to remove the official from office. Don’t take that risk.
ETHICS LAW PRINCIPLES
INSTITUTE FOR LOCAL GOVERNMENT 1400 K STREET, SUITE 205, SACRAMENTO, CA 95814 WWW.CA-ILG.ORG
BASIC RULE
A public official may not participate in a decision —
including trying to influence a decision — if the official has financial or, in some cases, other strong personal interests in that decision. When an official has an interest in a contract, the official’s agency may be prevented from even making the contract.
WHEN TO SEEK ADVICE FROM
AGENCY COUNSEL
The rules are very complex. A public official should talk with agency counsel early and often and when an action
by the public agency may affect (positively or negatively) any of the following:
Income. Any source of income of $500 or more (including promised income) during the prior 12 months to the official or official’s spouse/domestic partner.
Immediate Family. The official’s spouse/domestic partner and dependent children.
Business Management or Employment. An entity for
which the official serves as a director, officer, partner, trustee, employee or manager.
Real Property. A direct or indirect interest in real property of $2,000 or more that the official or official’s immediate family has, including such interests as ownership,
leaseholds (but not month-to-month tenancies) and options to purchase.
Gift Giver. A giver of one or more gifts worth a total of $520 (2021-22) or more to the official in the prior 12
months, including promised gifts.
Lender/Guarantor. A source or guarantor of a loan to the official.
Personal Finances. The official or official’s immediate family’s personal expenses, income, assets or liabilities.
Contract. A contract that the agency is considering entering into, in which the official or a member of the official’s immediate family may have an interest (direct or indirect).
Business Investment. An interest in a business that the official or the official’s immediate family have a direct or indirect investment worth $2,000 or more.
Related Business Entity. An interest in a business that is the parent, subsidiary, or is otherwise related to a business in which the official:
Has a direct or indirect investment worth $2,000 or
more; or
Is a director, officer, partner, trustee, employee or manager.
Business Entity Owning Property. Real property owned
by a business entity or trust of the official.
Campaign Contributor. A campaign contributor of the
official (applies to appointed decision-making bodies only).
Other Personal Interests and Biases. The official has
important, but non-financial, personal interests or biases (positive or negative) about the facts or the parties that could cast doubt on the official’s ability to make a fair decision.
WHAT WILL HAPPEN NEXT?
Agency counsel will advise the official whether 1) the
official may participate in the decision and, 2) if a contract is involved, whether the agency can enter into the contract at all. Counsel may suggest asking either the Fair Political Practices Commission or the California Attorney General’s Office regarding their opinion about the potential conflict.
EVEN IF IT’S LEGAL, IS IT ETHICAL?
The law sets only minimum standards. Officials should
ask themselves whether members of the public will
question whether the officials are acting solely in the public’s interest. If even a perceived conflict exists, officials should consider excusing themselves voluntarily from that particular decision-making process.
ETHICS LAW PRINCIPLES
The Institute for Local Government is the nonprofit
education affiliate of the League of California
Cities, the California State Association of Counties
and the California Special Districts Association.
Its mission is to promote good government at the
local level.
ILG’s current program areas include:
Leadership and Governance
Public Engagement
Sustainable and Resilient Communities
Workforce and Civics Education
© 2022 by The Institute for Local Government All
rights reserved.
CONTACT US:
1400 K Street, Suite 205
Sacramento, CA 95814
www.ca-ilg.org
INSTITUTE FOR LOCAL GOVERNMENT 1400 K STREET, SUITE 205, SACRAMENTO, CA 95814 WWW.CA-ILG.ORG BEYOND THE LAW:
Ethics and Values
Ethics is what one ought to do in a given situation.
It’s the kind of conduct that would make the world a
better place if everyone engaged in it.
The law provides only minimum standards for
ethical conduct. Just because a course of action is
legal doesn’t mean it is right.
What one ought to do is typically tied to a series of values:
» Trustworthiness
» Respect
» Responsibility
» Compassion
» Loyalty
» Fairness
ILG developed a Good Governance Checklist to help local officials identify ways they can go above and beyond legal requirements to promote public trust and confidence. To access the checklist visit: www.ca-ilg.org/goodgovernance.
AB 1234 TRAININGS
California law requires local officials to periodically receive training on public service ethics laws and principles (AB 1234). ILG offers trainings and self-test options to help local officials comply with this law.
ILG offers two, one-hour self-study exercises as an option for local officials to satisfy AB 1234 requirements. Find out more at: www.ca-ilg.org/ab1234selfstudy.
ILG can also come to your community to train your local officials and staff. Contact ILG at [email protected] for more information on how to schedule an ethics
workshop.
ILG is grateful to the following firms for making this
document possible in 2022:
Best Best & Krieger
Burke Williams & Sorensen, LLP
Colantuono Highsmith & Whatley, PC
Hanson Bridgett LLP
Kronick Moskovitz Tiedmann & Girard
Liebert Cassidy Whitmore
Renne Public Law Group
Richards, Watson & Gershon
ETHICS LAW PRINCIPLES