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SPECIAL MEETING - JOINT WORKSHOP
March 1, 2022
Code of Ethics and Conduct
Review
City Council and Board of Ethics
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2 1. Welcome and Opening Comments
2. Achieve Shared Understanding of Applied Ethics
– Receive and file a presentation from the Markkula Center for Applied Ethics
3. Create Modifications to the Code of Ethics
– Review and Discuss the Code of Ethics and Conduct
4. Implement Code of Ethics Changes
– Direct staff to amend the Code of Ethics and Conduct as deemed appropriate
Agenda
CC SP Date: 3-1-22
Item No.: 2
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Community Trust & High Performing GovernmentWhy We Are Here Together RiversideCA.gov4
Context for Riverside’s Code of EthicsFair Political Practices Commission (FPPC) Riverside County District AttorneyCity of Riverside Code of Ethics & Board of EthicsCities, counties and special districts in California are required by law (AB 1234, Chapter 700, Stats. of 2005) to provide ethics training to their local officials. 2/25/2022
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•Created by the Political Reform Act of 1974 (Act)•FPPC mission is to promote the integrity of representative state and local government in California through fair, impartial interpretation and enforcement of political campaign, lobbying, and conflict of interest laws•FPPC’s primary responsibility is to administer the Act•Mission of the Act is to serve as the legal bedrock of governmental ethics in California. It regulates: –Campaign Finance –Financial Conflicts of Interest by Public Officials –Lobbyist Registration and Reporting –Post-Governmental Employment –Political Mass Mailings at Public Expense –Gifts and Honoraria given to Public Officials and Candidates Fair Political Practices Commission (FPPC) RiversideCA.gov6
•DA’s Public Integrity Unit ensures that public and appointed officials - and their subordinates - fulfill their legally mandated duties. –The Public Integrity Unit’s ultimate goal is to increase public confidence in its elected and appointed officials.–Its scope of responsibility includes Public Officials, Election & Campaign Violations, & Brown Act Violations•DA’s Office will use all resources at its disposal to detect, investigate and prosecute criminal misconduct at all levels of public service.Riverside County District Attorney (DA) 2/25/2022
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•Riverside City Charter: Section 202 - Adoption of Ethics Code:–"The City of Riverside shall adopt a Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government and its effective and fair operation. The City Council shall adopt the Code of Ethics and Conduct by ordinance or resolution within six months of the effective date of this Charter section."City of Riverside Code of Ethics and Conduct & Board of Ethics RiversideCA.gov8
•Code of Ethics and Conduct: Riverside Municipal Code Chapter 2.78 –“The purpose of this Code of Ethics and Conduct is to achieve fair, ethical, and accountable local government for the City of Riverside. The people of the City of Riverside expect their public officials to comply with both the letter and the spirit of the laws of the United States of America, the State of California, the Charter of the City of Riverside, the Riverside Municipal Code, and established policies of the City of Riverside affecting the operations of local government. In addition, public officials are expected to comply with the provisions of this Code of Ethics and Conduct established pursuant to the expressed will of the people. All persons covered by this Code of Ethics and Conduct shall aspire to meet the highest ethical standards in the conduct of their responsibility as a public official of the City of Riverside.–This Code of Ethics and Conduct is divided into two areas: Core Values and Prohibited Conduct. The Core Values are intended to provide a set of principles from which public officials of the City of Riverside can draw upon to assist them in conducting the public's business. As such, the Core Values are directory in nature and not subject to the complaint procedures set forth herein. The Prohibited Conduct are actions that public officials of the City of Riverside shall not engage in, and, as such, are subject to the complaint procedures set forth herein.”City of Riverside Code of Ethics and Conduct & Board of Ethics 2/25/2022
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•Board of Ethics: Riverside Municipal Code Chapter 2. 80 –“It is the purpose of the Board of Ethics to advise and make recommendations to the City Council of the City of Riverside on all matters pertaining to the adoption, revision, administration, and enforcement of the Code of Ethics and Conduct for the City of Riverside as set forth in Chapter 2.78 of the Riverside Municipal Code (RMC), and to conduct hearings upon complaints.”City of Riverside Code of Ethics and Conduct & Board of Ethics RiversideCA.gov10
Achieve Shared Understanding of Applied Ethics
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Create Modifications to the Code of EthicsKeith Nelson, Chair of the Board of EthicsFollowing are issues pertaining to the Code of Ethics & Conduct that have been shared by the City Council and Board of Ethics. 2/25/2022
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RMC SECTION RMC LANGUAGE ISSUEBOARD OF ETHICSCITY COUNCIL2.78.070(A,B,C,D,E)A. Only alleged violations of the Prohibited Conduct section ofthis chapter shall be grounds for a complaint against anypublic official pursuant to this chapter.B. Complaints shall be submitted on forms available from theCity Clerk.C. Complaints and all required information and tangibleevidence shall be filed with the City Clerk.D. Complaints shall include, but not be limited to.E. Complaints shall be filed with the City Clerk within 180calendar days of discovery of an alleged violation of thischapter, but in no event shall the complaint be filed laterthan three years from the date of the alleged violation.Discovery is defined as when the complainant knew orreasonably should have known of the alleged violationthrough the exercise of reasonable diligence.Complaints shall be filed with the City Clerkwithin 180 calendar days of discovery of analleged violation of this chapter, but in noevent shall the complaint be filed later thanthree years from the date of the allegedviolation.ISSUE: Should the submission of complaintsbe limited to Riverside residents or businessowners, excluding nonresidents?2.78.070 (I)I. The public official against whom the complaint is made shallfile the following with the City Clerk no later than 20calendar days prior to the date set for the hearing:1. A written reply to the complaint;2. Copies of any and all documents, photographs,recordings or other tangible materials to beintroduced and considered at the hearing; and3. The names, addresses, telephone numbers and emailaddresses, if known, of any person the public officialintends to call as a witness at the hearing.The public official against whom thecomplaint is made shall file the followingwith the City Clerk no later than 20 calendardays before the date set for the hearing.ISSUE: This provision is listed under 'pre-hearing' procedures as stated in 2.78.070 butwould be more appropriately placed under2.78.080 hearing procedures to avoidambiguity.Thoughts of the Council and Board – Complaint Procedures RiversideCA.gov28
RMC SECTIONRMC LANGUAGE ISSUEBOARD OF ETHICSCITY COUNCIL2.78.080 (E)E. The hearing panel of the Board of Ethics shall conduct a pre-hearingconference prior to a hearing date being set by the City Clerk. All partiesare to attend the pre-hearing conference; however, the absence of anyparty at the pre-hearing conference shall not be grounds for a continuanceand the pre-hearing conference shall proceed as if the absent party werepresent. The pre-hearing conference shall be conducted as follows:1. The hearing panel shall review the complaint to determine if itcomplies with all of the following to establish jurisdiction of the Boardof Ethics:a. The complaint procedures section of this chapter have beenfollowed;b. The complaint is against a public official set forth in the scopesection of this chapter;c. The complaint alleges a violation of one or more of theprovisions of the prohibited conduct section of this chapter;andd. The complaint does not restate allegations of violations thatwere the subject of a previous complaint.The hearing panel of the Board ofEthics shall conduct a pre-hearing conference before ahearing date is scheduled by theCity Clerk.ISSUE: Is a pre-hearingconference necessary?2.78.080(B)(Q)B. The pre-hearing conference and hearing on the merits are not formaljudicial proceedings. The technical rules of evidence do not apply.Q. Neither the complainant, nor the public official against whom acomplaint is filed pursuant to this chapter, shall be represented at thehearing by an attorney. Although an attorney may be present andconsulted at the hearing, the attorney shall not address the hearingpanel or participate in any aspect of the hearing.ISSUE: Should complainant andrespondents attorneys beallowed to participate in the pre-hearing conference, hearing,and appeal proceedings?Thoughts of the Council and Board – Hearing Procedures
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RMC SECTIONRMC LANGUAGE ISSUEBOARD OF ETHICSCITY COUNCIL2.78.090(B)B. A decision by the hearing panel of the Board of Ethics not finding a violationof the Prohibited Conduct section of this chapter may be appealed to theCity Council by either party. The appeal shall be taken by filing a writtennotice of appeal with the City Clerk within ten City business days followingthe date of the hearing by the hearing panel. The notice of appeal shall bein writing on a form provided by the City Clerk. The City Clerk shall place theappeal on the agenda for a regular meeting of the City Council within 30City business days of the filing of the notice of appeal. The City Clerk shallnotify the parties in writing of the hearing dateIf the hearing panel findsthat a violation of theprohibited conduct did notoccur, an appeal request shouldbe in writing and submitted toCity ClerkISSUE: Should all BOE HearingPanel (HP) findings (includingfindings that a violation did notoccur) be automaticallyappealed?2.78.090(D)D. The record on appeal shall consist of a transcript of the hearing before thehearing panel, as well as all tangible evidence and testimony considered atthe hearing. No new evidence will be received or considered by the CityCouncil at the hearing on the appeal.ISSUE: Should the complainant,respondent, and the BOE HP begiven an opportunity to addressthe City Council during theappeal proceedings?2.78.090(E)E. The City Council shall review the record of the hearing to determinewhether the hearing panel committed a clear error or an abuse ofdiscretion based upon the record. If no such finding is made by a majority ofthe City Council, then the City Council shall adopt the decision of thehearing panel as the findings of the City Council on appeal. If there is afinding by the City Council of a clear error or an abuse of discretion by thehearing panel, then that finding shall be clearly stated and the matter shallbe referred back to the Board of Ethics for a de novo (new) re-hearing ofthe matter in light of the findings on appealIf the hearing panel finds thata violation of the prohibitedconduct did occur, then itis automatically appealed toCity Council.ISSUE: Should City Council be thebody to oversee appeals?Thoughts of the Council and Board – Appeal Procedures RiversideCA.gov30
RMC SECTIONRMC LANGUAGE ISSUEBOARD OF ETHICSCITY COUNCIL2.80.040(B)3(h)3h. If a complaint concerns a CityCouncilmember, any member ofthe Board residing in thatCouncilmember's Ward shall bedisqualified from participating onthe hearing panel;If the complaint concerns a councilmember, any member of the boardresiding in that Councilmember's Ward shall be disqualified fromparticipating on the hearing panel.ISSUE: When the party(s) include all members of the City Council, then allBOE members are disqualified, and the complaint is automaticallydismissed.Rules and ProceduresThe City Clerk handles the complaints' administerial duties, i.e., review forcompleteness, notify all parties of proceedings, schedule proceedings,draft the statement of findings, etc. The City Attorney serves as a resourceto those persons covered by the Code to assist them in understandingand abiding by the Code's provisions and issue any subpoenas, ifnecessary.ISSUE: Clearly identify and define staff's role in the complaint, pre-hearing conference, hearing, and appeal proceedings.Thoughts of the Council and Board – Duties and Powers
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PROVISION OF CODE OF ETHICS LOS ANGELES SACRAMENTO SUNNYVALE OAKLAND IRVINE RIVERSIDEAutomatic AppealNO NO NO NO NO Only on Affirmative FindingsWhistle Blower ProtectionYES YES YES YES YES NOReferral to Enforcement AgencyYES YES YES YES YES NOFinal Judgement Board Board Board Board Board City CouncilStaffYES YES YES YES YES NOOutside Council AvailableYES YES YES YES YES YESExaminer / InvestigatorYES YES YES YES YES NOAppeal AuthoritySuperior Court Superior Court Board / Court Board / Court Board / CourtCity CouncilPenalty Imposed byBoard Board Board Board Board City CouncilThoughts of the Council and Board – Agency Comparison*Prepared by Board of Ethics members RiversideCA.gov32
•Direct staff to amend the Code of Ethics and Conduct as deemed appropriateImplement Code of Ethics Changes 2/25/2022
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That the City Council:1. Receive and file a presentation from the Markkula Center for Applied Ethics;2. Review and Discuss the Code of Ethics and Conduct; and,3. Direct staff to amend the Code of Ethics and Conduct as deemed appropriate.RECOMMENDATIONS