City Council Memorandum
TO: HONORABLE MAYOR A ND CITY COUNCIL DATE: DECEMBER 20, 2022
FROM: INCLUSIVENESS, COMMUNITY ENGAGEMENT, WARDS: ALL
AND GOVERNMENTAL PROCESSES
COMMITTEE
SUBJECT: CODE OF ETHICS AND CONDUCT ANNUAL REVIEW
ISSUE:
Receive and file a report from the Inclusiv eness, Community Engagement and Governmental Processes Committee regarding their annual review on the effectiveness of the Code of Ethics and Conduct as required by Section 2.78.110 of the Riverside Municipal Code regarding amendments being considered to Riverside Municipal Code Chapters 2.78 – Code of Ethics and
2.80 – Board of Ethics as outlined in Attachment 1, and direct the committee to return with proposed amendments.
RECOMMENDATIONS:
The Inclusiveness, Community Engagement and Go vernmental Processes Committee (ICGC) recommends that the City Council:
1. Receive and file a repor t from the Inclusiveness, Community Engagement and Governmental Processes Committee regarding their annual review on the effectiveness of the Code of Ethics and Conduct as requir ed by Section 2.78.110 of the Riverside Municipal Code regarding am endments being considered to Riverside Municipal Code Chapters 2.78 – Code of Ethics and 2.80 – Board of Ethics as outlined in Attachment 1; and
2. Direct the Committee to re turn with proposed amendments to Riverside Municipal Code Chapters 2.78 – Code of Ethics and 2.80 – Board of Ethics at a future date for a public hearing to consider the final recommendations of the Committee.
BACKGROUND:
Riverside Municipal Code (RMC) Chapters 2.78 and 2.80 provides for an annual review of the Code of Ethics and Conduct (COE) by community members, B oards and Commissions, the ICGC, and the City Council.
Code of Ethics and Conduct Review – Page 2
During the last two years' annual reviews (2020 and 2021), the implementation of all approved revisions were tabled until after the final dispositions of several Board of Ethics complaints that were either filed or under consideration by the Board of Ethics at the ti me of the annual review (Attachment B).
On July 7, 2022, the ICGC requested a joint meeting with an Ad Hoc committee of Board of Ethics members to review the Codes' complaint process and procedures.
On August 4, 2022, the Board of Ethics co nducted its annual review and formed an Ad Hoc Committee comprised of Chair Stahovich and Mem bers Foley, Huerta, and Newman as an alternate to meet with ICGC.
On September 27 and November 3, 2022, the ICGC and Board of Ethics Ad Hoc Committee reviewed Riverside Municipal Code Sections 2.78 and 2.80 focusing on the following areas:
1. Pre-hearing Conference
2. Hearing
3. Appeals
4. Sanctions
5. Miscellaneous
In conjunction with the areas listed above, the Committee collectively reviewed the recommendations of the last two years' annual reviews (2020 and 2021). This included the City Council ordinance introduced on February 15, 2022, amending Chapter 2.78 of the Riverside Municipal Code as a result of the 2021 COE review and the Board of Ethics subsequent proposed changes to the Complaint Procedur es. These changes added the acceptance of amended complaints and affirmed that “de novo hearings” are to be heard by the same hearing panel to the extent possible.
In summary, during the Committee meeting discu ssions of September 27 and November 3, 2022, the Committee tentatively agreed upon the following recommendations:
1. Pre-hearing Conference
● The pre-hearing conference is necessary to vet frivolous complaints and should not be eliminated.
● Attorneys should not participate in t he pre-hearing conference proceedings. ● Establish more formality to settlement discu ssions as an off the record discussion, if needed.
● The Board of Ethics Hearing Panel should revi ew complaints for elements of sections allegedly violated and have an opportunity to ask questions at the pre-hearing conference.
● The public official should have the option or opportunity to spea k at the pre-hearing conference.
● The Riverside Municipal Code - Code of Ethics and Conduct pre-hearing conference and hearing procedures should be separ ated and Sections 2.78.080 (N) and
2.78.080(O) amended.
● Any pre-hearing conference decision is not appealable. ● The “pre-hearing conference” be renamed as the “pre-conference.” ● One continuance may be grant ed by the Hearing Panel for extenuating circumstances.
Code of Ethics and Conduct Review – Page 3
2. Hearing
● Section 2.78 and 2.80.040 be amended to allo w either the Board of Ethics or the Hearing Panel to seek outside counsel for hearings.
● Add language regarding amendments to complaints.
● Remove subpoena power from Section 2. 80.040 – Board of Ethics Duties and Powers.
● One continuance may be granted by t he Hearing Panel for extenuating circumstances.
3. Appeals
● The provision “automatically ap pealed” changed to “may be appealed.” ● Parties must identify a clear error of la w or an abuse of discretion as part of their appeal.
● The hearing panel Chair or designee shal l be present during City Council appeal proceedings to answer questions.
● If no appeal is filed after the determination of a violation, findings shall be adopted and referred to the City Council to impose sanctions.
● If there is a finding by the City Council of a clear error or an abuse of discretion by the hearing panel, a “de novo” hearing will be held before the same hearing panel, with no pre-conference, and the heari ng panel shall correct the error of law or abuse of discretion identified by the City Council.
4. Sanctions
● If no appeal is filed after determination of a vi olation, a report shall be referred to City Council to impose sanctions.
5. Miscellaneous
● Complaints should be limited to City of Riverside residents and business owners unless the prohibited conduct occurred outside City limits and the complainant is a witness to the misconduct. The complainant must identify the specific statute violated under Section 2.78.070(M).
● Change the Section 2.80.040 pr ovision from “if a complaint concerns a City Council member” to “if a complaint is against a City Council member.” ● Section 2.80.040 of Board of Ethics - add language to allow for smaller composition of a hearing panel if necessary.
● Section 2.78.090(I) - Replace “elect ed official” with “public official.”
Subsequently, the Board of Et hics met on December 1, 2022, to review the recommendations and forwarded additional recommendations for changes to the ICGC.
DISCUSSION:
On December 7, 2022, the Inclusiveness, Community Engagement and Governmental Processes Committee, with Chair Cervantes, Vi ce Chair Perry and Member Conder present, unanimously accepted the revisions to the Code of Ethics by the Board of Ethics and the ICGC but recommended that the ICGC and the BOE deliberate furt her on proposed revisions to Riverside Municipal Code Chapters 2.78 – Code of Ethics and 2.80 – Board of.
The tentative recommendations are redlined in Attachment 1.
Code of Ethics and Conduct Review – Page 4
ST
RATEGIC PLAN ALIGNMENT:
The annual review of the effect iveness of the Code of Ethics and Conduct contributes to the following City Council’s
Envision 2025 Strategic Plan Priorities and Goals:
Community Well-Being – Ensuring safe and inclusive neighborhoods where everyone can thrive with the following:
Goal 2.4 Support programs and innovations that enhance community safety, encourage neighborhood engagement, and build public trust: and,
High Performing Government – Providing world class public service that is efficient, accessible, and responsible to all, with the following goal:
Goal 5.3 - Enhance communication and colla boration with communi ty members to improve transparency, build public trust, and encourage shared decision-making.
The annual review of the Code of Ethics a nd Conduct aligns with the Envision 2025 Cross- Cutting Threads as follows:
1. Community Trust – Riverside’s annual review of the Code of Ethics and Conduct is transparent, the involvement of the City Boards and Commissions and public input creates sound policy, and inclusive community engagement builds community trust.
2. Equity – Outreach efforts were taken to encourage community input which consisted of website displays and community group flyers and posters throughout the City advising the public members how to provide recommendations for consideration allowing for a fair and unbiased revision process.
3. Fiscal Responsibility – Riverside is a prudent stewar d of public funds and ensures responsible management of the City’s financial resources while providing quality public services to all. The City Clerk’s Office annual budget includes funding to support the annual code review and outreach efforts.
4. Innovation –. Riverside’s annual review of t he Code of Ethics and Conduct through collaborative partnerships. Adaptive processes bring new perspectives and ideas, helping to meet the Board of Ethics ever-changing needs fo r implementing the Code of Ethics and Conduct.
5. Sustainability & Resiliency – Riverside is committed to meeting the present needs without compromising the needs of the futu re and ensuring the City’s capacity to persevere, adapt and grow during fluctuating times alike. It is essential to review the Code of Ethics and Conduct annually to maintain sustainable and resilient processes and monitor promoting innovation for a more sustainable future.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
Code of Ethics and Conduct Review – Page 5
Prepared by: Donesia Gause, City Clerk
Approved as to form: Phaedra A. Norton, City Attorney
Concurred by:
_________________________
CLARISSA CERVANTES
Chair
Attachment:
1. Redlined Tentative Revisions to RMC 2.78 and 2.80