PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.C
SUBJECT/TITLE:
ANNUAL REVIEW OF CODE OF ETHICS FOR CITY COUNCIL AND ADVISORY BODY MEMBERS; POLICY FOR VIRTUAL LEGISLATIVE MEETING CONDUCT
RECOMMENDATION:
1. Adopt a Resolution adopting a virtual legislative meeting conduct policy;
2. Conduct the annual review of the City's Code of Ethics for City Council and Advisory Body Members, and provide direction to staff on any desired updates.
BACKGROUND:
Policy for Virtual Legislative Meeting Conduct
The City Council has been conducting various forms of virtual legislative meetings since February of 2020. As staff and the City’s legislative body members have learned how best to administer virtual meeting sessions over the past two years, some best practices have emerged. Recognizing that some form of virtual legislative meeting practice is likely to be the norm for the foreseeable future, staff now recommends that the Council adopt written standards of conduct for virtual legislative meeting sessions. A policy and adopting Resolution are provided as Attachment 1.
Annual Code of Ethics Review
On October 4, 2005, the City Council adopted Resolution R-05-067 (Attachment 2), establishing a Code of Ethics for City Council and Advisory Body Members, based on model language from the League of California Cities. On June 20, 2006, the Council approved an addendum to the policy allowing members to pledge that they will honor the policy in their service to the City. The City Clerk's Office currently collects this "Statement of Commitment" from each City Council Member and Advisory Body Member.
The Code also stipulates that it shall be reviewed annually by the City Council and Advisory Bodies. On May 7, 2019, the Code of Ethics was reviewed by the Council. Since then, the Council has conducted its annual review in January of each year and has not recommended any changes.
Should the Council direct updates to the policy following this review, the updated version will be returned to the Council for adoption at the next available meeting.
Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) establishing a conduct policy for virtual legislative meeting practices, and conduct the annual review of the City’s Code of Ethics for legislative body members, providing direction to staff on any desired changes.
12.C-1Council Agenda 2-1-2022
FISCAL IMPACT:
There is no fiscal impact associated with the City’s code of ethics or virtual meeting practices.
ALTERNATIVES:
1.Provide alternative direction to staff.
ATTACHMENTS:
1. Resolution
2.Code of Ethics and Statement of Commitment
Submitted by: James R. Lewis, City Manager Meeting Date: February 1, 2022 City Manager Approval:
12.C-2Council Agenda 2-1-2022
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA ADOPTING A VIRTUAL LEGISLATIVE MEETING CONDUCT POLICY WHEREAS, the City Council has been conducting various forms of virtual legislative meetings since February of 2020; and
WHEREAS, as staff and the City’s legislative body members have learned how best to administer virtual meeting sessions over the past two years, some best practices have emerged; and
WHEREAS, some form of virtual legislative meeting practice is likely to be the norm for the foreseeable future, and as such staff now recommends that the Council adopt written standards of conduct for virtual legislative meeting sessions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby adopts a Virtual Legislative Meeting Conduct Policy (Exhibit A).
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 1st day of February 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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Attachment 1
DRAFT CITY OF PISMO BEACH ADMINISTRATIVE POLICY
Policy Name: Policy Number:
VIRTUAL LEGISLATIVE MEETING CONDUCT POLICY AP-CC-002
Purpose: Original Adoption Date:
To establish best practices for legislative body members during virtual legislative meetings.
Month Day, 2022
Revision Date(s):
City Manager Approval:
I.PURPOSE
To establish best practices for legislative body members during virtual legislative meetings.
II.APPLICABILITY AND RESPONSIBILITY
A.Applicability
Members of the City Council, Planning Commission, and other Advisory Bodies.
B.Responsibility
The City Manager shall be generally responsible for the administration of this Policy. The City Manager shall be responsible for approving exceptions to this Policy, and for determining the method and extent of pursuing the correction of violations of this Policy.
III.DEFINITIONS
“Brown Act” means the Ralph M. Brown Act of 1953, California Government Code Section 54950 et seq.
"City" means the City of Pismo Beach, a municipal corporation. "City Manager" means the City Manager or designee.
"City staff" means a regular or contract employee of the City responsible for administering virtual legislative meeting sessions.
"Council Member" means any or all members of the City Council including the Mayor, unless the context indicates otherwise.
12.C-4Council Agenda 2-1-2022
Attachment 1.A
“Legislative body member” means any or all members of the City Council and/or Planning Commission and/or other Advisory Body.
“Presiding Officer” means the Mayor or Acting Mayor in the case of a City Council meeting, and means the Chair or Acting Chair in the case of a Planning Commission meeting or other Advisory Body meeting.
IV. PROVISIONS
A.Audio and Video
1.City staff will set the screen names of legislative body members to include the individual’s full name and title. Legislative body members shall not thereafter alter their screen names in any way that obscures their identity or official title.
2.Legislative body members shall use an official City-branded virtual meeting background if offered one by City staff.
3.Legislative body members shall remain visible on video during active legislative meeting sessions to the greatest extent feasible.
An exception may be made when unforeseen technological
impediments or immediate personal necessity prevent the member from appearing on video. Further, a legislative body member may be permitted to participate in a virtual legislative meeting without video under other extenuating circumstances, with advance notice to the Presiding Officer.
B.Decorum
1.Legislative body members shall generally conduct themselves with the same level of decorum and focus of attention during virtual legislative meetings as would be expected during physical legislative meetings.
2.Legislative body members shall refrain from text-messaging or otherwise electronically communicating with others during the meeting, in order to minimize distraction and avert potential violations of the Brown Act.
3.Legislative body members shall refrain from watching other media during the meeting unless the media is related to items under consideration, in order to minimize distraction and disruption.
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Attachment 1.A
C.Parliamentary Process and Voting
1.Rules of parliamentary procedure as set forth in the Pismo Beach Municipal Code, Rosenberg’s Rules of Order, or other applicable policy or regulation adopted by the City Council, shall be observed during virtual legislative meetings in the same manner as during physical meetings.
2.All other applicable laws, including the Brown Act, shall be observed during virtual legislative meetings in the same manner as during physical meetings.
3.During the vote on a motion, legislative body members shall audibly state their vote for the record, except in circumstances where a technological impediment temporarily prevents the member’s audible participation, in which circumstance the member shall visibly indicate assent or dissent on the item. If City staff is unable to discern the nature of the legislative body member’s vote from audio or visual cues, the Presiding Officer may opt to postpone the vote on the motion until such time that the legislative body member’s audio connection is reinstated.
4.If a legislative body member’s vote is incorrectly recorded by City staff, the legislative body member shall rectify their vote immediately following the announcement of the vote.
V. REFERENCES
1.CA Gov't Code §54950 (Ralph M. Brown Act)
VI. APPENDICES
None.
12.C-6Council Agenda 2-1-2022
Attachment 1.A
RESOLUTION NO R 05 067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH ADOPTING A
CODE OF ETHICS FOR CITY COUNCIL BOARDS AND COMMISSION MEMBERS WHEREAS the Citizens of Pismo Beach are entitled to have fair ethical and accountable local government and
WHEREAS Pismo Beach maintains a commitment to excellence and effective functioning of democratic government and
WHEREAS integrity of officials of local government is key to effective and fair operation of government
NOW THEREFORE BE IT RESOLVED the City Council of the City of Pismo Beach hereby adopts this Code of Ethics which pertains to members of the City Council and all members of the City Boards and Commissions and also to those vendors doing business with the City
UPON MOTION OF Councilmember Natoli seconded by Councilmember Rabenaldt the foregoing resolution was passed approved and adopted by the City Council of the City of Pismo Beach this 4th day of October 2005 on the following roll call to wit AYES Councilmembers Natoli Rabenaldt Gonzales Gee Higginbotham and Mayor Reiss
None
None
None
NOES
ABSENT
ABSTAIN
ATTEST
tint
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Attachment 2
Preamble
CODE OF ETHICS
For The City of Pismo Beach
Council, Boards and Commission Members
Adopted by the Pismo Beach City Council
Date approved -October 4, 2005
All citizens and businesses of Pismo Beach are entitled to have fair, ethical and accountable local goverrunent, which has earned the public's full confidence for integrity. In keeping with the City of Pismo Beach's commitment to excellence, the effective functioning of democratic goverrunent, therefore, requires that:
•Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of goverrunent; •Public officials be independent, impartial and fair in their judgment and actions;•Public office be used for public good, not for personal gain;•Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
This Code of Ethics, as adopted by the Pismo Beach City Council pertains to members of the City Council and of the City's boards and commissions and to those vendors doing business with our city, to assure public confidence in the integrity oflocal goverrunent and its effective and fair operation.
1.Acts in the Public Interest
Members will work for the common good of the people of Pismo Beach and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Pismo Beach City Council, boards and commissions.
2.Comply with the Law
Members shall comply with the laws of the nation, the State of California and the City of Pismo Beach in the performance of their public duties. These laws include but are not limited to: The United States and California constitutions, Fair Political Practices laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities 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 attacks upon the character or motives of other members of the council, boards and commissions, the public and staff.
Pismo Beach Code of Ethics Page I of 4
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Attachment 2
4.Respect for ProcessMembers shall perform their duties in accordance with the processes and rules of order established by the City council and boards and commissions governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions of the City Council by staff.
5.Conduct of Public Meetings
Members shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body or otherwise interfering with the orderly conduct of meetings.
6.Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
7.Communication
Members shall publicly share substantive information that is relevant to a matter under consideration by the Council or boards and commissions, 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 impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship, which may give the appearance of a conflict of interest.
In accordance with the law, members shall disclose investments, interests in real property, source of income, and gifts, and they shall abstain from participating in deliberations and decision-making where conflicts may exist.
9.Gifts and Favors
Members shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.
10.Confidential Information
Members shall respect the confidentiality of information concerning property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information 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 time, equipment, supplies or facilities, for private gain or personal purposes.
Pismo Beach Code of Ethics Page 2 of 4
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Attachment 2
12.Representation of Public InterestsIn keeping with their role as stewards of the public interest, members shall not appear on behalf of the private interests of third parties before the Council or any board, commission or 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 parties on matters related to the areas of service of their bodies.
13.AdvocacyMembers shall represent the official policies or positions of the City Council, board or commission to the best of their ability when designated as delegates for thi s purpose.
When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Pismo Beach, nor will they allow inference that they do.
14.Policy Role of MembersMembers shall respect and adhere to the council-manager structure of Pismo Beach City government as outlined by the Pismo Beach Municipal Code. In this structure, the City Council determines the policies of the City, with the advice, information and analysis provided by the public, boards and commissions and City staff.
Except as provided by the City Municipal Code, members shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.
15.Independence of Boards and Commissions
Because of the value of the independent advice of boards and com missions to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of board and commission proceedings.
16.Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place for the City employees and for the citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.
17.ImplementationThe Pismo Beach Code of Ethics is intended to be self-enforcing, and is an expression of standards of conduct for members expected by the City. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.
For this reason, ethical standards shall be included in the regular orientations for candidates for City Council, applicants to boards and commissions, and newly elected and appointed officials. Members entering office shall sign a statement affirming they have read and understand the City of Pismo Beach Code of Ethics. The Code of Ethics shall be reviewed annually by the City Council, boards and commissions, and the City Pismo Beach Code of Ethics Page 3 of 4
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Attachment 2
Council shall consider recommendations from boards and commissions and update as necessary.
18.Compliance and Enforcement
The chairs of boards and commissions and the Mayor have the additional responsibility to intervene when actions of members that appear to be in violation of the Code of Ethics are brought to their attention. The City Council may impose sanctions on members whose conduct does not comply with the City's ethical standards, such as reprimand, formal censure, loss of seniority or committee assignment, or budget restriction. Under the City's Municipal Code, the City Council may also remove members of boards and commissions from office. A violation of this Code of Eth ics shall not be considered as a basis for challenging the validity of a council, board or commission decision.
Pismo Beach Code of Ethics Page 4 of 4
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Attachment 2