10032023-PC Corresp. Leslie Sanders — Long Beach City Council, October 3, 2023

CITY OF LONG BEACH

VALUES STATEMENT
The people of Long Beach depend on a city government that operates equitably, ethically, and transparently, and that works to promote and preserve public trust and confidence.

The City of Long Beach commits to these values:

Accountability-the willingness to accept responsibility and account for one's actions. • Fairness-ensuring equity and due process.
• Impartiality-loyalty to the public good.
• Diversity-embracing histories, values, and ideas from all backgrounds, and recognizing their contribution to improving the City's operations, services, and programs. • Transparency—policies and procedures that are open to public observation and scrutiny.
• Integrity-the practice of being truthful, seeking truth, and adherence to the City's values.

CODE OF CONDUCT AND ETHICS.

It is incumbent for every representative of the City of Long Beach (City) to uphold the Code of Conduct and Ethics (Code). As the elected officials, employees, volunteers, and members of boards, commissions and committees for the City, we commit to undertaking our duties with the highest ethical principles, placing the public's interest above our own. As representatives of the City, we pledge to uphold the following principles:

1. As a representative of the City, I will be truthful and honest. • I will be truthful and honest. I will act with integrity and demonstrate courage in all dealings.
• I will ensure that all completed work activities are accurate and free from bias. • I will be accurate, courteous, civil, and honest in all my written and oral interactions with others.

2. As a representative of the City, I will place the public's trust before my personal interests.
• I will be impartial, ensuring that my decisions are free of bribes, unlawful gifts, or other improper influence.
• I will not permit personal interests to impair my judgment or action. 1 of 4
• I will not use my position with the City for private gain, for the endorsement of any product, person or enterprise, or for private gain of relatives or friends. • I will disclose, and if necessary, recuse myself from the decision-making process and any activities, dealings, and transactions on behalf of the City that may relate to my personal, financial, or outside activities.

3. As a representative of the City, I will be transparent. • I will ensure that all work product is completed in an open manner, with the knowledge that it may be subject to public inspection and/or release. • I will disclose all personal, financial, or professional interests or outside activities that may relate to or influence my role or official capacity. • I will promptly report any perceived or actual conflict of interest that may arise prior to rendering a decision, providing information, or offering a recommendation. • I will cooperate and support inquiries, reviews, audits, or other investigations that may be conducted by the City or other enforcement agencies. • I will comply with the Brown Act and will observe all rules with respect to notice and public meetings. As a member of the City Council or a City board or commission, I will not discuss or communicate on matters to be voted on by the City Council, and/or a committee with a member of that body outside the public meeting in a manner inconsistent with the Brown Act commitment to transparency.

4. As a representative of the City, I will be accountable. • I will comply with all federal, State, and City laws and regulations as well as applicable policies and procedures.
• I will be fiscally responsible.
• I will abide by all applicable requirements pertaining to gifts and gratuities, including donations and honoraria.
• I will adhere to all policy and procedures and contractual commitments to safeguard the integrity of the City's procurement and bidding and competitive processes.

5. As a representative of the City, I will safeguard all information, data (including electronic), and assets entrusted to my care.
• I will protect City data to preserve confidentiality and privacy concerning the property, personnel, or other affairs of the City.
• I will handle and safeguard all non-public and proprietary information as protected under agreement or public law.
• I will protect all City assets, resources, and information from loss, theft, and misuse. • I will protect the interests of the City and those who have placed their trust in me. 2 of 4

6. As a representative of the City, I will support diversity and be inclusive in all my actions.
• I will respect the diverse histories, values, and experiences represented in the City's various communities.
• I will ensure the City's diverse communities are engaged in City activities. • I will be mindful of our community's needs and be cognizant of their experience when interacting with City services.
• I will take actions to ensure all policies and procedures are developed to provide equitable and socially just programs and services for all residents.

7. As a representative of the City, I will treat others with dignity. • I will listen, be approachable, open-minded, ask questions, and participate when engaged.
• I will treat all colleagues, the public, stakeholders, and anyone transacting business with the City with respect.
• I will convey the City's care for, and commitment to, its communities.

8. As a representative of the City, I will embrace excellence and innovation. • I will be a role model by striving for excellence, maintaining standards, being open to change, recognizing the need to compromise, and always working to improve the City's programs and services.
• I will be proactive and innovative when setting goals and conducting the City's business.

I will promote innovation that will enrich and transform the City's services, operations, and budget.
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I affirm that I have read and understand the above Code of Conduct and Ethics. I will avoid even the appearance of impropriety and seek ethical guidance and immediately report a perceived Code of Conduct violation, conflict of interest, fraud, waste or misuse of City resources, and inappropriate behavior to the appropriate authority for investigation.

My signature on this form certifies that I have received and read this Code of Conduct and Ethics and that / will abide by this code:

Name (Print)
Signature Date
Situations can be unique. If you have any questions or would like to make a disclosure you may reach out to the following resources: /INSERT LIST OF TELEPHONE NUMBER/EMAIL ADDRESSES FOR THE VARIOUS REPORTING CHANNELS] Your inquiry or disclosure may be made anonymously.
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CITY OF LONG BEACH

VALUES STATEMENT
The people of Long Beach depend on a city government that operates equitably, ethically, and that works to promote and preserve public trust and confidence.

The City of Long Beach commits to these values:
• Accountability—willingness to accept responsibility and account for one's actions.
• Equity-ensuring fairness and due process.
• Impartiality—loyalty to the public good.
• Diversity— embracing histories, values, and ideas from all backgrounds, and recognizing their contribution to improving the City's operations, services, and programs.
• Transparency-actions and practices that are open to public observation and scrutiny.
• Integrity— being truthful, seeking truth, and adherence to the City's values.

CODE OF CONDUCT AND ETHICS
It is incumbent for every representative of the City of Long Beach (City) to uphold the Code of Conduct and Ethics (Code). As the elected officials, employees, volunteers, and members of boards, commissions, and committees for the City, we commit to undertaking our duties with the highest ethical principles, placing the public's interest above our own.

Pursuant to Long Beach Municipal Code 2.07.020, I pledge to uphold the following principles:

1. As a representative of the City, I will be truthful and honest.

I will act with integrity and demonstrate courage in all dealings.

I will ensure that all completed work activities are accurate and that any biases have been identified and addressed.

I will be accurate and honest in all interactions and communications with others.

As a representative of the City, I will place the public's trust before my personal interests.
• I will be objective and impartial. 8-3
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I will never engage in acts of collusion, kickbacks, bribes, unlawful gifts, conflict of interest, or other improper influence, nor will I condone such acts by other....
"I will not permit personal interests to impair my judgment or action. • I will not use my position with the City for my private gain, for the endorsement of any product, person or enterprise, or for private gain of relatives or friends.
• I will disclose, and if necessary, recuse myself from the decision-making process and any activities, dealings, and transactions on behalf of the City that may be related or be influenced by my personal, financial, or outside activities.

3. As a representative of the City, I will be transparent. • I will ensure that all work product is completed in an open manner, with the knowledge that it may be subject to public inspection and/or release. • I will disclose all personal, financial, or professional interests or outside activities that may relate to or influence my role or official capacity. • I will promptly report any perceived or actual conflict of interest that may arise prior to rendering a decision, providing information, or offering a recommendation.
• I will cooperate and support inquiries, reviews, audits, or other investigations that may be conducted by the City or other enforcement agencies. • I will comply with the Brown Act and will observe all rules with respect to notice and public meetings, and if a member of the City Council or a City board or commission, I will not discuss or communicate on matters to be voted on by that body with a member of that body outside the public meeting in a manner inconsistent with the Brown Act commitment to transparency.

4. As a representative of the City, I will be accountable. • I will comply with all federal, State, and City laws and regulations as well as applicable policies and procedures.

I will be fiscally responsible with managing and overseeing City funds and resources, as it pertains to my assigned responsibilities.

I will abide by all applicable requirements pertaining to gifts and gratuities, including donations and honoraria.
• I will adhere to all policy and procedures and contractual commitments to safeguard the integrity of the City's procurement and bidding and competitive processes.

5. As a representative of the City, I will safeguard all information, data (including electronic), and assets entrusted to my care.
:
• I will protect City data to promote cybersecurity and preserve confidentiality and privacy concerning the property, personnel, or other affairs of the City. • I Will handle and safeguard all non-public and proprietary information as protected under agreement or public law.
• I Will protect all City assets, resources, and information to the best of my knowledge from loss, theft, and misuse.
• I Will protect the interests of the City and those who have placed their trust in me.

As a representative of the City, I recognize historic inequities and disparities and will support diversity and be inclusive in all my actions! I will respect the diverse histories, values, and experiences represented in the City's various communities.

I will anticipate effects of a decision on people in our City, especially if specific groups may be disproportionately harmed or helped.

I will work to make sure that all the people in our City have the ability to actively participate and engage, and will work to eliminate barriers to public involvement in decisions, programs, and services.

I will be mindful of our community's needs and be cognizant of their experience when interacting with City services.

I will incorporate an equity lens consistent with City policy to ensure all policies and procedures are developed to provide equitable and socially just programs and services for all residents and employees.

As a representative of the City, I will treat others with dignity. • I will listen, be approachable, open-minded, ask questions, and participate when engaged.
• I will treat all colleagues, the public, stakeholders, and anyone transacting business with the City with respect.
• I will convey the City's care for, and commitment to, its communities. • I will be courteous and civil in all my interaction and communications with others.

8. As a representative of the City, I will make data-informed decisions, and embrace excellence and innovation.
• I will be a role model by striving for excellence, maintaining standards, being open to change, recognizing the need to compromise, and always working to improve the City's programs and services.
-
• I will be proactive and innovative when setting goals and conducting the City's business.
• I will promote innovation that will enrich and transform the City's services, operations, and budget.

I affirm that I have read and understand the above Code of Conduct and Ethics. I will avoid even the appearance of impropriety and seek ethical guidance and immediately report a perceived Code of Conduct violation, conflict of interest, fraud, waste or misuse of City resources, and inappropriate behavior to the appropriate authority for investigation.

My signature on this form certifies that I have received and read this Code of Conduct and Ethics and that I will abide by this code:

Name (Print/E-sign)
Date
Signature
Fraud, waste, and abuse of City Funds or City property and materials and other ethical concerns or violations must be reported to either the Department Director, City Manager; the City Auditor's Office, or anonymously through the City Auditor's Fraud Hotline/Ethics Helpline at 1-888-372-8307 or Ethics Helpline online form.

Situations can be unique. If you have any questions or would like to make a disclosure you may reach out to your Department's Administrative Officer.

The State Bar of California
Rule 8.4 Misconduct
(Rule Approved by the Supreme Court, Effective November 1, 2018) It is professional misconduct for a lawyer to:
(a) violate these rules or the State Bar Act, knowingly* assist, solicit, or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects; (c) engage in conduct involving dishonesty, fraud,* deceit, or reckless or intentional misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice; (e) state or imply an ability to influence improperly a government agency or official, or to achieve results by means that violate these rules, the State Bar Act, or other law; or
(f) knowingly* assist, solicit, or induce a judge or judicial officer in conduct that is a violation of an applicable code of judicial ethics or code of judicial conduct, or other law. For purposes of this rule, "judge" and "judicial officer" have the same meaning as in rule 3.5(c).

Comment
[1] A violation of this rule can occur when a lawyer is acting in propria persona or when a lawyer is not practicing law or acting in a professional capacity. [2] Paragraph (a) does not prohibit a lawyer from advising a client concerning action the client is legally entitled to take.
[3] A lawyer may be disciplined for criminal acts as set forth in Business and Professions Code sections 6101 et seq., or if the criminal act constitutes other misconduct warranting discipline" as defined by California Supreme Court case law. (See In re Kelley (1990) 52 Cal.3d 487 [276 Cal.Rptr. 375].) [4] A lawyer may be disciplined under Business and Professions Code section 6106 for acts involving moral turpitude, dishonesty, or corruption, whether intentional, reckless, or grossly negligent.
[5] Paragraph (c) does not apply where a lawyer advises clients or others about, or supervises, lawful covert activity in the investigation of violations of civil or criminal law or constitutional rights, provided the lawyer's conduct is otherwise in compliance with these rules and the State Bar Act.
1 Rule 8.3 Reporting Professional Misconduct
(Rule Approved by the Supreme Court, Effective August 1, 2023) (a) A lawyer shall, without undue delay, inform the State Bar, or a tribunal* with jurisdiction to investigate or act upon such misconduct, when the lawyer knows* of credible evidence that another lawyer has committed a criminal act or has engaged in conduct involving dishonesty, fraud,* deceit, or reckless or intentional misrepresentation or misappropriation of funds or property that raises a substantial* question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects.
(b) Except as required by paragraph (a), a lawyer may, but is not required to, report to the State Bar a violation of these Rules or the State Bar Act.

For purposes of this rule, "criminal act" as used in paragraph (a) excludes conduct • that would be a criminal act in another state, United States territory, or foreign jurisdiction, but would not be a criminal act in California. (d): This rule does not require or authorize disclosure of information gained by a lawyer while participating in a substance use or mental health program, or require disclosure of information protected by Business and Professions Code section 6068, subdivision (e) and rules 1.6 and 1.8.2; mediation confidentiality; the lawyer- client privilege; other applicable privileges; or by other rules or laws, including information that is confidential under Business and Professions Code section 6234.

Comment
This rule does not abrogate a lawyer's obligations to report the lawyer's own conduct as required by these rules or the State Bar Act. (See, e.g., rule 8.4.1(d) and (e); Bus. & Prof. Code, § 6068, subd. (0).)
[2] The duty to report under paragraph (a) is not intended to discourage lawyers from seeking counsel. This rule does not apply to a lawyer who is consulted about or retained to represent a lawyer whose conduct is in question, or to a lawyer consulted in a professional capacity by another lawyer on whether the inquiring lawyer has a duty to report a third-party lawyer under this rule. The duty to report under paragraph (a) does not apply if the report would involve disclosure of information that is gained by a lawyer while participating as a member of a state or local bar association ethics hotline or similar service.
[3] The duty to report without undue delay under paragraph (a) requires the lawyer to report as soon as the lawyer reasonably believes* the reporting will not cause material prejudice or damage to the interests of a client of the lawyer or a client of the lawyer's firm.* The lawyer should also consider the applicability of other rules such as rules 1.4 (the duty to communicate), 1.7(b) (material limitation conflict), 5.1 (responsibilities of managerial and supervisorial lawyers), and 5.2 (responsibilities of a subordinate lawyer). [4] This rule limits the reporting obligation to those offenses that a self-regulating profession must vigorously endeavor to prevent. A measure of judgment is, therefore, required in complying with the provisions of this rule. The term "substantial* question" refers to the seriousness of the possible offense and not the quantum of evidence of which the lawyer is aware.
[5] Information about a lawyer's misconduct or fitness may be received by a lawyer while participating in a substance use or mental health program, including but not limited to the Attorney Diversion and Assistance Program. (See Bus. & Prof. Code, § 6234.) In these circumstances, providing for an exception to the reporting requirement of paragraph (a) of this rule encourages lawyers to seek treatment through such programs. Conversely, without such an exception, lawyers may hesitate to seek assistance from these programs, which may then result in additional harm to their professional careers and additional injury to the welfare of clients and the public.
[6] The rule permits reporting to either the State Bar or to "a tribunal* with jurisdiction to investigate or act upon such misconduct." A determination whether to report to a tribunal,* instead of the State Bar, will depend on whether the misconduct arises during pending litigation and whether the particular tribunal* has the power to "investigate or act upon" the alleged misconduct. Where the litigation is pending before a non-judicial tribunal,* such as a private arbitrator, reporting to the tribunal* may not be sufficient. If the tribunal* is a proper reporting venue, evidence of lawyer misconduct adduced during those proceedings may be admissible evidence in subsequent disciplinary proceedings. (Caldwell v. State Bar (1975) 13 Cal.3d 488, 497.) Furthermore, a report to the proper tribunal* may also trigger obligations for the tribunal* to report the misconduct to the State Bar or to take other "appropriate corrective action." (See Bus. & Prof. Code, §§ 6049.1, 6086.7, 6068.8; and Cal. Code of Jud. Ethics, canon 3D(2).) [7] A report under this rule to a tribunal* concerning another lawyer's criminal act or fraud* may constitute a "reasonable* remedial measure" within the meaning of rule 3.3(b). [8] In addition to reporting as required by paragraph (a), a report may also be made to another appropriate agency. A lawyer must not threaten to present criminal, administrative or disciplinary charges to obtain an advantage in a civil dispute in violation of rule 3.10.
[9] A lawyer may also be disciplined for participating in an agreement that precludes the reporting of a violation of the rules. (See rule 5.6(b); and Bus. & Prof. Code, § 6090.5.) [10] Communications to the State Bar relating to lawyer misconduct are "privileged, and no lawsuit predicated thereon may be instituted against any person." (Bus. & Prof. Code, § 6094) However, lawyers may be subject to criminal penalties for false and malicious reports or complaints filed with the State Bar or be subject to discipline or other penalties by offering false statements or false evidence to a tribunal.* (See rule 3.3(a); Bus. & Prof.

Code, §§ 6043.5, subd. (a), 6068, subd. (d).)
2 Sacramento Family Court Report
Investigative reporting, analysis, and opinion about Sacramento County family law and divorce court.

CALIFORNIA ATTORNEY MISCONDUCT LAW

CALIFORNIA ATTORNEY MISCONDUCT LAW
California Attorney Misconduct and Malpractice:

Laws, Rules, Ethics, and Moral Turpitude
Many people aren't aware that the California Supreme Court is responsible for the conduct - and misconduct - of all the lawyers in California.
"The California Supreme Court has the exclusive power to regulate attorney admission to practice law in California and has inherent powers to discipline and and disbar members of the California Bar. The Supreme Court has delegated to the State Bar the power to act on its behalf in admission, disciplinary, and other matters, subject to the Supreme Court's review. However, the Supreme Court retains its power to control any disciplinary proceeding at any step and its judicial authority to disbar or suspend attorneys."
Click here for the State Bar of California
webpage about making a complaint against an THE STATE BAR ACT attorney. Click here for the State Bar attorney
§ 6106 Moral Turpitude, Dishonesty or
ethics information webpage. Corruption Irrespective of Criminal Conviction The commission of any act involving moral turpitude.

The State Bar also provides the public an dishonesty or cormption whether the ect is coumitted in the colse of his relations as an allomey of otherwise. exhaustive, 456-page directory of decisional law and whether the act is a felony or misdemeanor or not and other references addressing virtually every constitutes a cause for debartent or alpension. type of unethical attorney conduct. The If the act coustinutes a felony or nusdemeanor.

Conviction thereof in a criminal proceeding is not
directory is called the California Compendium condition precedent to disbarment or suspension from on Professional Responsibility [pdf]. To practice theretor. (Origin. Code Cir: Proé.. $ 287(5)-) download the Compendium, click here [pdf]. California Business and Professions Code § 6106 For the State Bar Compendium webpage, click
here. SFCR often uses the compendium as a resource in reporting on allegations of attorney http://sacramentocountyfamilycourtnews.blogspot.com/p/the-oligarchy.html?m=1 9/18/23,3:24 PM

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misconduct. Other references we rely on are described in this post from 2011. Click here.

This page provides news you can use about California laws that apply to attorneys in the common family court situations we report on. If you have a news tip about an unethical family law attorney, please contact us using our Contact Family Court News page, or click here to send us an email. Before contacting us with a news tip about attorney misconduct, please review the information below.

Attorney Rules of Professional Conduct, State Ethics
Laws
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When attorneys appear in court, under California law they are required to tell the complete truth whether or not they are under oath, according to the State Bar. Under California law, telling only part of the truth is considered the same as telling a lie, and withholding or concealing relevant information during a court hearing is the same as telling a lie.

A"misleading silence" is not distinguishable from a false statement, according to the State Bar, and this principle dates back to at least 1929. All these forms of deception are considered fraud upon the court, or fraud on the court. "False statement of fact," "explicit false statement" or "affirmative misrepresentation" are the legal, technical terms for what the general public refers to as a lie.

When attorneys file papers in court, under California law they are required to tell the complete truth whether or not the paperwork is filed under penalty of perjury. Under California law, telling only part of the truth in any court filing by an attorney is the same as telling a lie, and withholding, concealing, or omitting relevant information in court filings is the same as telling a lie. And is considered fraud on the court, according to the State Bar.

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As "officers of the court," lawyers must disclose in court filings and in argument before a judge the facts, law and other authorities harmful or adverse to their position, in addition to the facts, law and authority supporting their position. The failure to disclose adverse facts and authority is unlawful, unthical, and considered sanctionable misconduct, according to 9/18/23,3:24 PM
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the State Bar.

As members of the State Bar and officers of the court, attorneys are required to be honest at all times, even when off-duty and not acting as a lawyer. Dishonesty, whether or not committed while acting as an attorney, is considered an act of moral turpitude and is prohibited by Business and Professions Code § 6106, according to the State Bar.

It is illegal for a lawyer to mislead or make misrepresentations to an opposing attorney or party, including a self-represented litigant. Making offensive references or descriptions about an opposing party or attorney also is unlawful, according to the State Bar. Business and Professions Code § 6128 criminalizes deceit by an attorney intended to deceive a judge or any party.

Moral Turpitude: Deceit, Dishonesty, Half-Truths
Under California law, most forms of deceit and
dishonesty by an attorney are considered acts of
moral turpitude, according to the State Bar. THE STATE BAR ACT §5128 Deceit, Collusion. Delay of Sur and
Under Business & Professions Code § 6106, the Improper Receipt of Money as Misdemeanor commission of any act of moral turpitude Every store to pay of a mmsdepapor who ertber. constitutes cause for disbarment or suspension (a) & gusty of asy dririt or collesion, at convento ta from the practice of law. Click here to view this any deses or collusap. with intent to decene the court or any party.
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misconduct that are considered acts of moral
turpitude, according to the State Bar. Click here
for a State Bar list of attorney actions that California Business and Professions Code § 6128 constitute moral turpitude.

An instructive summary of what moral turpitude includes is provided by the State Bar Court decision, In the Matter of Maloney and Virsik:
"[The attorneys] committed acts of moral turpitude in wilful violation of section 6106 by knowingly making repeated misrepresentations to the Superior Court. It is well established that acts of moral turpitude include an attorney's false or misleading statements to a court or tribunal...The actual intent to deceive is not necessary...Acts of moral turpitude include concealment as well as affirmative misrepresentations...
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[Njo distinction can be drawn among concealment, half-truth, and false statement of fact...Also, it is not necessary that [the attorneys] actually succeeded in perpetrating a fraud on the court...These [court] pleadings were permeated with half-truths, omissions, and outright misstatements of fact and law. The Supreme Court has denounced such misleading conduct and has not hesitated to impose discipline in such cases."
Click here to view this portion of the decision. Click here to view the complete Maloney and Virsik decision. Other moral turpitude references and authorities are provided at the bottom of this post.

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Under its inherent power, the California Supreme Court has the authority to discipline attorneys for misconduct not covered by statutes, the Rules of Professional Conduct, or other authority. Click here.

Attorney Ethics Laws and Authorities in California
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Whether they are under oath or not, attorneys are required by state law to tell the truth in court:
• Mosesian v. State Bar (1972) 8 Cal.3d 60, 66. Click here. • In the Matter of Maloney and Virsik (2000) 4 Cal. State Bar Ct. Rptr. 774. Click here.
• In the Matter of Chestnut (2000) 4 Cal. State Bar Ct. Rptr. 166, 174. Click here. • Vapnek et al., Cal. Practice Guide: Professional Responsibility (The Rutter Group) 11 8:278-279. Click here.
• Witkin California Procedure 5th Edition, § 495. Click here. • Business & Professions Code § 6068(d). Click here.
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