City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: DECEMBER 12, 2023
FROM: CITY CLERK’S OFFICE WARDS: ALL
SUBJECT: CODE OF ETHICS ANNUAL REVIEW
ISSUE:
Perform the annual review of the Code of Ethi cs and Conduct for its effectiveness and consider any revisions for recommendation for City Council consideration.
RECOMMENDATION:
That the City Council:
1. Perform the annual review of the Code of Ethics and Conduct for its effectiveness;
2. Approve the Inclusiveness, Community Engagement, and Governmental Processes Committee recommended revisions to the Code of Ethics and Conduct; and
3. Direct the City Attorney to draft an ordinance for introduc tion and adoption reflecting the revisions as outlined in the report.
COMMITTEE RECOMMENDATION:
On September 6, 2023, the Inclusiveness, Community Engagement, and Governmental Processes Committee (ICGC) conducted the annual review of the Code of Ethics and Conduct and unanimously, with Chair Cervantes, Vice Chair Perry, and Member Conder present, approved the staff recommended revisions to the Code of Ethics and Conduct.
LEGISLATIVE HISTORY/BACKGROUND:
Charter Section 202 requires the adoption of a C ode 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 first Code of Ethics and Conduct, adopted by a Resolution of the City Council on July 1, 2005, was amended several times.
In 2014, the City Council appointed an ad hoc citizen committee to review the Code of Ethics and make recommendations. Subsequently, Chapters 2.78 and 2.80 were added to the Riverside
2 Municipal Code, adopting a revised Code of Ethi cs and Conduct and establishing the Board of Ethics (BOE).
RMC Section 2.78.110 provides for annual monitoring and oversight in the following cadence:
Before the end of July of each year, all boards and commissions shall review and discuss the effectiveness of the Code of Ethics and Conduct and submit recommendations, if any, to the BOE for their consideration.
Then before the end of August, the BOE shall review and discuss the effectiveness of the Code of Ethics and Conduct and the reco mmendations of the other boards and commissions, then submit their recommendati ons to the Inclusiveness, Community Engagement, and Governmental Processes Committee (ICGC).
Subsequently, in September, the ICGC will revi ew and discuss the effectiveness of this Code of Ethics and Conduct, in addition to t he recommendations from the Boards and Commissions, then instruct the City Manager to prepare a report to the City Council for their consideration.
Then lastly, prior to the end of each year, the Chair of the ICGC will present a report to the City Council, which shall include the recommendations from the Boards and Commissions and ICGC. At which time, the City Council conduc ts a public hearing to review the report and make an independent evaluation of the effect iveness of this chapter. After their discussion, the City Council may direct the A ttorney to make any necessary changes to this chapter it deems appropriate.
On September 27, November 3, 2022, and February 1, 2023, t he Board of Ethics Ad Hoc Committee and Inclusiveness, Community E ngagement, and Governmental Processes Committee held special meetings to conduct an extensive review of the Code of Ethics and Conduct (COE) resulting in significant revisions to simplify the hearing proceedings and condense the timing of the complaint hearing process incl uding removing automatic disqualification based on the residency of members on a hearing panel, conducting pre-conference proceedings by the entire Board of Ethics at a regular meeting, establishing a hearing panel by a random drawing by the City Clerk at the pre-conference if the Board of Ethics determines it is more likely than not that a violation of prohibited conduct occurred, and allowing the City Clerk with concurrence of the Board of Ethics Chair to reject, administratively, complaints t hat are not completed correctly.
Additionally, the COE was revised, allowing appeals of the pre-conference for instances of procedural errors only and providing for only one de novo hearing, with the City Council having the discretion to either adopt the decision of the de novo hearing panel or issue their own decision, which shall be final and no longer subject to a de novo hearing.
On March 28, 2023, the City Council received the recommendations of the Board of Ethics Ad Hoc Committee and Inclusiveness, Community Engagement, and Governmental Processes Committee of the 2022 annual review of the Code of Ethics and Conduct and introduced an ordinance with the proposed revisions outlined in the report. The revised Code of Ethics and Conduct was adopted by Ordinance No. 7632 on April 11, 2023, effective May 11, 2023.
3 DISCUSSION:
Prior to August 2023, the various Boards and Co mmissions, such as the Airport Commission, Commission on Aging, Board of Library Trustees , Board of Public Utilities, Budget Engagement Commission, Cultural Heritage Board, Community Police Review Commission, Human Relations Commission, Human Resources Board, Pa rk and Recreation Commission, Planning Commission, Commission of the Deaf, Commission on Disabilities, Museum of Riverside Board, and Transportation Board reviewed the Code of Ethics and Conduct and submitted no recommendations for amendments to the Board of Ethics.
On August 3, 2023, the Board of Ethics reviewed the Code and determined that no changes were required.
Additionally, the City Clerk reviewed the Code of Ethics and Conduct and suggested minor revisions to RMC Section 2.78.075, as outlined in Exhibit A. The modifications include Section
2.78.075(A), which pertains to the timing of filing amended complaints, and a correction to the sequential numbering of Secti on 2.78.075(D). These changes are intended to address inconsistencies and facilitate the effective im plementation of the CO E during the complaint proceedings.
The Board of Ethics was informed of staff recommendations and a memorandum was sent to all Board members, highlighting the recommended revisions presented to the ICGC.
STRATEGIC PLAN ALIGNMENT:
The annual review of the effectiveness 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 collaboration with community members to improve transparency, build public trust, and encourage shared decision-making.
The Board of Ethics and the ICGC reviewing and bringing forth recommendations for revisions to the Code of Ethics and 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 encour age community input which consisted of website displays and community group flyers and posters throughout the City advising the
4 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 for implementing the Code of Ethics and Conduct.
5. Sustainability & Resiliency – Riverside is committed to meeting the present needs without compromising the needs of the future and ensuring the City’s capacity to persevere, adapt and grow during fluctuating ti mes alike. It is essential to review the Code of Ethics and Conduct annually to maintain sustainabl e and resilient processes and monitor promoting innovation for a more sustainable future.
FISCAL IMPACT:
There is no fiscal impact associated with the annual review.
Prepared by: Donesia Gause, City Clerk
Approved as to form: Phaedr a Norton, City Attorney
Concurs with:
____________________________________
CLARISSA CERVANTES, Chair
Inclusiveness, Community Engagement, and
Governmental Processes Committee
Attachment:
Exhibit A - Code of Ethics and Conduct Redlined Proposed Revisions