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City of San Bernardino
Study Session Meeting
Informational Report
Date: January 31, 2024
From: Charles A. Montoya, City Manager
Cory Hodges, Senior Management Analyst
Department: City Manager
Subject: Code of Ethics and Conduct Policy (All Wards)
Executive Summary
This proposed Code of Ethics and Conduct Policy will serve as one of the key governing documents for the organization, establishing a clear and affirmative set of professional and ethical standards for the City, including elected officials, as they carry out their respective roles on behalf of the public. The provisions of this Code of Ethics and Conduct shall only apply to individuals when acting in their official capacities and in the discharge of their duties. These standards are intended to enhance the quality of service and instill confidence in local government from residents, community stakeholders, and outside entities.
The policy would not replace existing laws, regulations, or self-imposed guidelines adopted by the Mayor and City Council. Rather it reaffirms those standards within a high- level public-facing document that can be considered alongside the City’s mission statement and strategic goals.
Background
Citizens and stakeholders of the City of San Bernardino expect all members of the municipal organization to act individually and collectively to create a City government that is responsible, fair, honest and open. Anyone acting on behalf of the City is expected to demonstrate the highest standards of personal integrity, honesty and conduct in all activities to assure public confidence and trust in local government.
The policy does not supplant other laws, rules, regulations, or Council actions that prescribe the legal responsibilities of City officials. These include, but are not limited to, self-imposed Campaign Finance rules, the Code of Conduct is established under San Bernardino Municipal Code Chapter 2.58, the Federal and State Constitutions, various provisions of the California Government Code (such as the Brown Act and the Political 1 8
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Reform Act), the Labor Code, laws prohibiting discrimination and harassment, the City Charter, or Municipals code.
A periodic review of the code shall be conducted to ensure that the code is an effective and vital governing document.
The City of San Bernardino Code of Ethics and Conduct is intended to be a reflection of the community's values as articulated by the Mayor and City Council as they represent the will of the people of San Bernardino.
Staff Analysis
The proposed Code of Ethics and Conduct Policy would encompass the following topics:
dedicated service, nondiscrimination, confidential information, use of public property, conflict of interest, outside employment, political activity, personal responsibility, ten core values.
Staff are proposing that the City subscribe to a Code of Ethics and Conduct embodied in core values. These core values include being ethical, professional, service-orientated, fiscally responsible, organized, communicative, collaborative, progressive, fair/accountable, and respectful as indicated in practice below:
Core Value #1 - As a Representative of the City of San Bernardino, I will be ethical.
In practice, this value looks like:
a. I am trustworthy, acting with the utmost integrity and moral courage. b. I am truthful, do what I say I will do, and am dependable. c. I make impartial decisions, free of bribes, unlawful gifts, narrow political interests, and financial and other personal interests that impair my judgment or action.
d. I am fair, distributing benefits and burdens according to consistent and equitable criteria.
e. I show respect for persons, confidences, and information designated as "confidential."
f. I use my title(s) only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority.
Core Value #2 - As a Representative of the City of San Bernardino, I will be professional.
In practice, this value looks like:
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a. I apply my knowledge and expertise to my assigned activities and to the interpersonal relationships that are part of my job in a consistent, confident, competent, and productive manner.
b. I approach my job and work-related relationships with a positive attitude. c. I keep my professional knowledge and skills current and growing.
Core Value #3 - As a Representative of the City of San Bernardino, I will be service- oriented.
In practice, this value looks like:
a. I provide friendly, receptive, courteous service to everyone. b. I am attuned to, and care about, the needs and issues of citizens, public officials, and city workers.
c. In my interactions with all staff members, I am interested, engaged, and responsive.
Core Value #4 - As a Representative of the City of San Bernardino, I will be fiscally responsible.
In practice, this value looks like:
a. I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the City, especially its financial stability. b. I demonstrate concern for the proper use of City assets (e.g., personnel, time, property, equipment, funds) and follow established procedures. c. I make good financial decisions that seek to preserve programs and services for City residents.
Core Value #5 - As a Representative of the City of San Bernardino, I will be organized.
In practice, this value looks like:
a. I act in an efficient manner, making decisions and recommendations based upon research and facts, taking into consideration short- and long-term goals. b. I follow through in a responsible way, keeping others informed, and responding in a timely fashion.
c. I am respectful of established City processes and guidelines. 1 8
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Core Value #6 - As a Representative of the City of San Bernardino, I will be communicative.
In practice, this value looks like:
a. I convey the City's care for and commitment to its citizens. b. I communicate in various ways that I am approachable, open-minded, and willing to participate in dialog.
c. I engage in effective two-way communication, by listening carefully, asking questions, and determining an appropriate response which adds value to conversations.
Core Value #7 - As a Representative of the City of San Bernardino, I will be collaborative.
In practice, this value looks like:
a. I act in a cooperative manner with groups and other individuals, working together in a spirit of tolerance and understanding.
b. I work towards consensus building and gain value from diverse opinions. c. I accomplish the goals and responsibilities of my individual position, while respecting my role as a member of a team.
d. I consider the broader regional and State-wide implications of the City's decisions and issues.
Core Value #8 - As a Representative of the City of San Bernardino, I will be progressive.
In practice, this value looks like:
a. I exhibit a proactive, innovative approach to setting goals and conducting the City's business.
b. I display a style that maintains consistent standards, but is also sensitive to the need for compromise, "thinking outside the box," and improving existing paradigms when necessary.
c. I promote intelligent and thoughtful innovation in order to forward the City's policy agenda and City services.
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Core Value #9 - As a Representative of the City of San Bernardino, I will be Fair/Accountable.
In practice, this value looks like:
a. I promote meaningful public involvement in the agency’s decision-making processes.
b. I treat all persons, claims and transactions in a fair and equitable manner; I make decisions based on the merits of the issue.
c. If I receive substantive information that is relevant to a matter under consideration from sources outside the public decision-making process, I publicly share it with my fellow governing board members and staff. d. I work to contribute to a strong organization that exemplifies transparency and open communication.
Core Value #10 - As a Representative of the City of San Bernardino, I will be Respectful to fellow members of the organization.
In practice, this value looks like:
a. I treat my fellow officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community. b. I work towards consensus building and gain value from diverse opinions. c. I respect the distinction between the role of office holder and staff; I involve staff in meetings with individuals, those with business before the agency, officials from other agencies and legislators to ensure proper staff support and to keep staff informed.
d. I conduct myself in a courteous and respectful manner at all times during the performance of my official City duties.
e. I encourage full participation of all persons and groups; I am aware and observe important celebrations and events which reflect the values of our diverse population.
Next Steps
1. Staff will incorporate feedback from the Mayor and City Council, City Manager, and Department Directors.
2. Formal adoption of the City of San Bernardino Code of Ethics and Conduct Policy at a regular Mayor and City Council meeting.
3. Distribute the policy.
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Future Fiscal Impact
There is no fiscal impact to create and adopt a Code of Ethics and Conduct Policy. 1 8
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2021-2025 Strategic Targets and Goals
This proposed Code of Ethics and Conduct Policy aligns with Key Strategic Target and Goal 2b: Building a culture that attracts, retains, and motivates the highest quality talent.
Attachments
Attachment 1 – Proposed Code of Ethics and Conduct Policy Attachment 2 – Ordinance MC 1438 - Code of Conduct (Municipal Code Chapter 2.58)