ELECTED OFFICIALS AND CITY EMPLOYEES POLICY NO. XXX
CODE OF ETHICS AND CONDUCT
PREAMBLE
The citizens served by the City of Placentia are entitled to elected City Council Members, appointed officials, City employees, and members of commissions, boards and committees who are fair, ethical, and accountable. Such Council Members and related parties are required to pledge to this Code and shall constantly seek to reflect the following qualities:
• They comply with both the letter and the spirit of the laws and policies affecting operations of the City of Placentia;
• They are independent, impartial, and fair in their judgment and actions; • They use their public office for the public good, not for personal gain; and • They conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect, civility and transparency.
BACKGROUND
The laws of the State of California govern all aspects of public service ethics, including full disclosure of personal economic interests, loans, gifts and honoraria, full disclosure of campaign contributions and other issues that might be considered conflicts of interest as well as criminal misconduct.
PURPOSE AND APPLICABILITY
While it is understood that the State of California has numerous sets of laws that guide the ethical behavior of public officials and employees, the City of Placentia wishes to establish that this is a community whose ethical values are clearly stated and fully understood not only by its elected officials and appointed leaders, but this Code of Ethics and Conduct is recognized and acknowledged by its elected officials, employees, and its citizen representatives to represent the values this community holds in highest regard.
To this end, we set forth the following Code of Ethics and Conduct with the expectation that all public officials, elected or appointed, all public employees, and citizens of Placentia will incorporate the spirit of this document into their lives and will represent the community of Placentia with the utmost integrity.
COUNCIL/ADMINISTRATOR FORM OF GOVERNMENT
City Charter Section 610. "The City Council shall be responsible for the policy matters of the City government and the City Administrator for the administration thereof. The City Council shall give orders and instructions to the City Administrator by a majority vote of the City Council at a lawfully held meeting. No individual member of the City Council shall interfere with the execution by the City Administrator of his powers and duties, or order, directly or indirectly, or order or request, directly or indirectly, the appointment of any person to an office or employment, or his removal therefrom, by
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the City Administrator, or by any of the department heads in the administrative service of the City. Except for the purpose of inquiry, individual members of the City Council shall deal with the administrative service under the City Administrator solely through the City Administrator and shall not give orders, either public or privately, to any subordinates of the City Administrator".
If the City Administrator is unavailable for an inquiry; a City staff person may be contacted; however, it is understood that the City staff person will be responsible to immediately advise the City Administrator of the request and its details.
ROLE OF THE CITY COUNCIL
In order to fulfill these responsibilities, the Council shall adhere to the following basic policy guidelines:
1. That the City Council provides policy direction and leadership for the City.
2. That Council Members recognize and respect the distinction between the policy setting role and the day-to-day implementation of policy by staff and that it is the responsibility of the Council (from a policy perspective) to ensure that the City is a progressive, innovative, and well-managed agency.
3. That the Council exercises authority only collectively as a Council, and individual Council Members shall not act on their own volition.
4. That the Council understands and provides leadership in regional, state, and national issues affecting the operations of the City.
5. That the Council respects the role of constituents in the governance of the City, and encourages their participation.
6. That key stakeholders should be consulted when and where appropriate.
7. That Council Members represent the City in business related matters at meetings and events other than regular meetings of the Council.
8. That all Council Members are provided the same information, where practical, including staff reports, committee agendas, customer inquiries, background information, etc.
9. That the Council is responsible for informing the City Administrator of any specific information they want to receive from outside agencies or organizations. Staff is responsible for providing same in a timely manner.
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10. That the Council is aware that, as a general rule, all written and electronic documentation and communication concerning City business is considered a public record which may be subject to public disclosure. This excludes information protected by the attorney-client privilege or other exemptions under California law.
11. That the Council maintains a high level of communication with the City Administrator. When a Council Member is going to be out of town or unavailable, the City Administrator is notified in a timely manner.
IMPLEMENTATION AND ENFORCEMENT
This statement of ethics and conduct is intended to be self -enforcing. This Code of Ethics and Conduct shall be applicable to all existing and future elected, appointed members of boards, commissions and committees, and all City employees. They shall sign the statement at the end of this document affirming that they have read and understood the statement of the Code of Ethics, and Conduct, and are thoroughly familiar with it and embrace its provisions.
The City Council may impose sanctions on elected or appointed officials, including members of council appointed boards, commissions or committees, whose conduct is not in compliance with the standards set forth herein. Those sanctions may include but are not limited to: reprimand, formal censure, budget restrictions, and/or removal from boards, commissions and committees.
City employees will be governed by applicable personnel rules and process as administered by the City Administrator.
CODE STATEMENT
Public officials, whether elected or appointed, shall:
1. Act in the Public Interest, recognizing that stewardship of the public interest must be their primary concern. Public officials will work for the common good of all the people of Placentia and not for any private or personal interest. They will assure fair and equal treatment of all persons, claims and transactions coming before the City Council, boards, commissions and committees.
2. Comply with both the spirit and the letter of the Law, City Policy and City Charter.
Members shall comply with the laws of the nation, the State of California and the City of Placentia in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the Placentia City Code and City Charter; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and 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
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refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, boards committees and commissions, City staff or the public. For ease of reference in the Code of Ethics and Conduct, the term "Member" refers to any member of the Placentia City Council, City's boards, committees and commissions, and City employees established by the City Charter, City Ordinance or Council policy.
4. Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City Council and boards, committees and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions.
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 verbally disclose any contact or receipt of substantive information they have received outside of the public decision-making process that is relevant to a matter under consideration by the Council, or by the boards, commission or committee of which they are a member, prior to considering that matter so that all parties have the opportunity to respond to that information.
CONFLICT OF INTEREST
In order to assure their independence and impartiality on behalf of the public good, state law prohibits Council Members from using their official positions to influence government decisions in which they have a direct or indirect financial interest or where they have an organizational responsibility or a personal relationship that would present a conflict of interest under applicable State law. In accordance with applicable State laws, the following provisions shall apply to all Council Member actions:
1. A Council Member will not have a financial interest in a contract with the City, or be a purchaser at a sale by the City or a vendor at a purchase made by the City, or have a direct or indirect interest in a pending private development in the City, unless the Council Member's participation was authorized under Government Code sections 1091, 1091.5 or other provisions of law.
2. Council Member will not participate in the discussion, deliberation or vote on a matter before the City Council, or in any way attempt to use his or her official
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position to influence a decision of the Council, if he or she has a prohibited financial interest with respect to the matter, as defined in the Political Reform Act, Government Code sections 81000, and following, relating to conflicts of interest.
Generally, a Council Member has a financial interest in a matter if it is reasonably foreseeable that the Council decision would have a material financial effect (as defined by the Fair Political Practices Commission's ("FPPC") regulations) that is distinguishable from the effect on the public generally on:
a. A business entity in which the Council Member has a direct or indirect investment in the amount specified in the then -effective FPPC regulations; b. Real property in which the Council Member has a direct or indirect investment interest, with a worth in the amount specified in the then -effective FPPC regulations;
c. A source of income of the Council Member in the amount specified in the then - effective FPPC regulations, within twelve months before the Council decision; d. A source of gifts to the Council Member in an amount specified in the then - effective FPPC regulations within twelve months before the Council decision; e. A business entity in which the Council Member holds a position as a director, trustee, officer, partner, manager or employee;
f. The Council Member's personal expense, income, assets or liabilities, and those of his or her immediate family, are likely to go up or down in a 12 -month period as a result if the decision by the amount specified in the then -effective FPPC regulations.
3. Campaign Contributions. Pursuant to Government Code Section 84308, if any Council Member or other elected or appointed official received a campaign contribution in excess of $250 during the prior 12 months, from a party or participant to a City proceeding, the official must disclose the donation on the record and recuse themselves from any participation or influence in the matter.
Once an application is pending, public officials are also prohibited from accepting, soliciting or directing any campaign contributions from the applicant or from any participating parties for a period of 12 months after a decision is made on the application. This prohibition applies to any application for a license, permit or other entitlement for use, and many contracts with some limited exceptions.
4. If a Council Member believes that he or she may be disqualified from participation in the discussion, deliberations or vote on a particular matter due to a conflict of interest, the following procedure will be followed:
a. If the Council Member becomes aware of the potential conflict of interest before the Council meeting at which the matter will be discussed or acted on, the Council Member will notify the City Administrator and the City Attorney of the potential conflict of interest, so that a determination can be made whether it is a disqualifying conflict of interest;
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b. If it is not possible for the Council Member to discuss the potential conflict with the City Administrator and the City Attorney before the meeting, or if the Council Member does not become aware of the potential conflict until during the meeting, the Council Member will immediately disclose the potential conflict during the Council meeting, so that there can be a determination whether it is a disqualifying conflict of interest;
c. Upon a determination that there is a disqualifying conflict of interest, the Council Member: (1) will not participate in the discussion, deliberation or vote on the matter for which a conflict of interest exists, which will be so noted in the official minutes; and (2) leave the room until after the discussion, vote and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters (i.e., the consent calendar), in which case the Council Member will identify the nature of the conflict and not vote on the specified item on the consent calendar. If the item is agenized for discussion and possible action, the Council Member may speak on his or her personal interests in the matter during the time that the general public speaks on the issue but must leave the room during Council discussion and action on that item. During the time the Council Member is out of the room they shall refrain from discussions (verbal or technological) with applicants or other interested parties.
5. A Council Member will not recommend the employment of a relative by the City. A Council Member will not recommend the employment of a relative to any person known by the Council Member to be bidding for or negotiating a contract with the City.
6. 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 or immaterial direct 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, sources of income, and gifts; and they shall abstain from participating in deliberations and decision- making where conflicts may exist.
7. Gifts and Favors. Members shall not take any special advantage of their public office to access services or opportunities for personal gain that are not available to the general public. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise or appear to compromise their independence of judgment or action.
8. Confidential Information. Members shall respect the confidentiality of information concerning certain negotiations (e.g., labor and real property), personnel matters, claims and litigation in order to avoid prejudicing the legal or negotiating position of
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the City or compromise the private interest of employees. They shall neither disclose confidential information without proper City Council authorization nor use such information to advance their personal/private, financial, or other interests.
9. Use of Public Resources. Members shall not use public resources not available to the general public, such as City administrative reports or documents, staff time, vehicles, equipment, supplies, land or facilities or City travel for private gain or political or personal purposes.
10. Representation of Private Interests. In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any board, committee, or commission or proceeding of the City, nor shall members of boards, commission or commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the subject matter jurisdiction of their bodies.
11. Advocacy. Members shall represent the official policies or positions of the City Council, board, commission or committee to the best of their ability when authorized to do so. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Placentia, nor will they allow the inference that they do. Council Members and board, committees and commission members have the right to endorse candidates for City Council or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, board, committee or commission meetings, or other official City meetings or other governmental meetings where the member is serving in their capacity as an appointed official.
12. Independence of boards, committees and commissions. Because of the value of the independent advice of boards, committees and commissions to the public decision-making process, members of Council shall refrain from using their position to unduly influence directly or indirectly, the deliberations or actions of subservient boards, committees and commissions.
13. Positive Workplace Environment. Members shall support the maintenance of a positive and constructive workplace environment for City employees and for residents and businesses dealing with the City. Members shall direct their requests of staff pertaining to their elected or appointed role to the appropriate staff liaison or in the case of Council Members, to the City Administrator.
14. To facilitate an efficient City decision making process, all Council Members, board, committee and commission members are encouraged to, upon receiving agendas and staff reports, contact the appropriate stall member to discuss any questions
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before the meeting in order to allow the staff sufficient time to be prepared to respond at the meeting.
15. Request for Staff Resources. Individual Members requests for research or other staff work must be directed to the City Administrator or the City Attorney regarding legal matters. If, in the judgment of the City Administrator or City Attorney, more than one hour of staff time will be required to complete the requested task/project, the item may be agenized to solicit Council authorization to expend the additional time necessary on the proposed item. Staff responses to Member requests shall be distributed to all members.
ACKNOWLEDGMENT OF RECEIPT OF POLICY XXX
I have read and understand POLICY NO. XXX, CODE OF ETHICS AND CONDUCT. I am aware of the purpose and applicability, including the stated Code Statement and Conflict of Interest. I understand that the citizens served by the City of Placentia are entitled to elected City Council Members, appointed officials, City employees, and members of commissions, boards and committees who are fair, ethical, and accountable.
I further understand that these Code of Ethics and Conduct are to be self -enforcing and that violations of Policy No. XXX could result in disciplinary action as stated in the implementation and enforcement section of this policy.
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