From: [email protected]
To: Alex Khojikian
Cc: City Council (San Mateo); City Attorney"s Office
Subject: Codes of Conduct Status
Date: Tuesday, November 21, 2023 2:29:12 PM
Attachments: image001.png
ESM Presentation 1 May 2023.pdf
May 1 2023 Council Minutes.pdf
Dear Mr. Khojikian,
On May 1, 2023, Ethics San Mateo, during public comments on Agenda item 7, presented recommendations for establishing a comprehensive set of codes of conduct and ethical standards to the Council. The presentation and minutes are attached for your convenience.
As memorialized in the minutes:
“A majority consensus of Council is to direct staff to look at other codes of conduct and to bring back strengthened code of conducts for Council consideration at a future date.” As almost seven months has passed since this directive from Council, Ethics San Mateo requests that you provide a status of this item.
Regards,
Dave Cohen, President/CEO
Ethics San Mateo, A California Nonprofit Public Benefit Corporation
DEDICATED TO TRUTH, TRANSPARENCY AND ETHICAL CONDUCT IN CITY GOVERNMENT
ETHICS SAN MATEO
DEDICATED TO TRUTH, TRANSPARENCY AND ETHICAL CONDUCT IN CITY GOVERNMENT Ethics San Mateo - A California Nonprofit Public Benefit Corporation www.EthicsSanMateo.com
Recommendations by Ethics San Mateo
for
City of San Mateo Council Member
Code of Conduct
and
Ethics Standards
SUMMARY
In an article, "Beyond Ethics: Establishing a Code of Conduct to Guide Your Council" published in December 2019 by Western City magazine1, the author Rod Gould writes: “It is often said that ethics is the foundation of public service and essential for public trust and confidence in public officials.”
Ethics San Mateo, a California Nonprofit Public Benefit Corporation, was formed with those words as part of our foundational focus. Our mission to lead and support efforts by the residents of San Mateo to ensure our city is served according to the highest level of ethical standards and behavior is in direct support of this important concept.
As the San Mateo City Council is conducting a study session to examine and discuss revisions and additions to the Rules, Duties, Procedures and Code of Conduct applicable to the City Council, Ethics San Mateo is pleased to support and participate by providing this document in advance of this study session and our public comment during the session.
Above all, Ethics San Mateo strongly recommends the City Council consider engaging with recognized experts in the field of Government Ethics and Codes of Conduct. Please consider collaboration with the following organizations:
• Institute for Local Government (https://www.ca-ilg.org/find/results/ethics) • The League of Western Cities (https://www.calcities.org) • The Markkula Center for Applied Ethics - Santa Clara University (https://www.scu.edu/ethics/)
We recognize that the focus of the current study session is Council Member rules, procedures and Code of Conduct. Therefore we do not specifically include Commissions and Boards in
1 Gould, Rod, Beyond Ethics: Establishing a Code of Conduct to Guide Your Council, Western City (December 1, 2019)
Ethics San Mateo - A California Nonprofit Public Benefit Corporation www.EthicsSanMateo.com
these recommendations, however a similar set of recommendations is applicable to Commissions and Boards.
In summary, we are suggesting improvements and additions to the topics below, including:
• Strengthening of the rules and making adherence mandatory by all elected Council Members. • Enforcement of rules
• Mandatory investigation into credible claims of rules violations • Social Media
• Electronic Communications
• Conflicts of Interest (Financial and General)
• Recusal
• Council Member Conduct
• Serving the Community First (Prioritizing Resident Input)
The following details our recommendations for council consideration.
GENERAL
1. Add an Oath to abide by the city’s Rules, Code of Conduct and Ethics Standards. All Council Members. must swear to abide by this oath.
2. As evidenced by recent events, the current document “City Council Guidelines” is either insufficient or unenforceable. The document should be revised to minimize these kinds of occurrences, as follows:
a. Remove the terms “Guidelines” and “Guideline.” Replace them with “Rules”.
b. Add an oversight function.
c. Add mandatory processes for reporting potential violations of the rules.
d. Add provisions and procedures to establish the rules as mandatory, with penalty provisions for violations.
Ethics San Mateo - A California Nonprofit Public Benefit Corporation www.EthicsSanMateo.com
INVESTIGATION OF RULES VIOLATIONS
a. Require the City Council, assisted by the City Attorney, to investigate credible reports of Rules violations.
b. If the City Council fails to investigate a reported potential Rules violation, or the results are insufficient or significantly flawed in the opinion of the City Attorney, empower the City Attorney to conduct, or cause, an investigation of violations of the Rules independent of the City Council.
c. Add mediation or binding arbitration when City Council is unable to take action on Rules violations.
PROPOSED RULES
1. Social Media
City Council member use of social media, personal webpages and messaging boards are a First Amendment right; however, the use of these media could result in violations of these Rules, and potentially of the Brown Act. As has been decided by the U.S. Supreme Court in numerous cases, Freedom of Speech is not unlimited.
a. City Council members are prohibited from discussing or publishing any information regarding any item that is, or will be, before City Council, Commission or Board on any social media platform, message board, or personal webpage, except their official City of San Mateo webpage.
b. No City Council member shall serve or operate as a moderator, approver, lead, or any similar position that includes functions of censorship, suspension or removal of posting permissions, or removal of accounts on any social media platform.
2. Electronic Communications During Meetings
a. City Council members are prohibited from possessing or using any electronic communication device during City Council meetings unless they are city-owned and monitored as part of the city’s IT network.
b. Make public any communications received by a Council Member on an allowed device during a City Council meeting that is not automatically being displayed and memorialized for public record.
Ethics San Mateo - A California Nonprofit Public Benefit Corporation www.EthicsSanMateo.com
3. Conflicts of Interest, Financial
The California Fair Political Practices Act clearly defines financial Conflicts of Interest.
The city currently monitors the submission of Statements of Financial Interest; however, the current Guidelines state, “With full consideration of the City Attorney’s advice, it is up to each individual Council Member to decide for him/herself whether there is a conflict of interest”. The City Attorney should determine if there is a financial Conflict of Interest.
a. In addition to the requirement to file truthful reports of Economic Interests, City Council members are to follow the California Fair Political Practices Act and follow the City Attorney’s determination as to financial conflicts of interest. b. Any City Council member with a Conflict of Interest shall follow the recusal process.
4. Conflicts of Interest, General
Ethics San Mateo believes that more general conflicts of interest create bias. Bias, even if subconscious, can violate the requirement to be fair and impartial. Membership in general advocacy or support of any organization would not necessarily be evidence of bias, unless there is sufficient evidence that the council member could be biased due to their membership or support. It also would not include activity with government organizations.
a. To avoid bias in decision-making, any Council member determined to have a conflict of interest due to active membership in, alignment with, advocacy for, or is an activist with any advocacy, activist or special interest groups shall recuse themselves from discussions about and voting on any item which falls within the group’s concentration.
b. The City Attorney would review and make a recommendation to the City Council regarding a potential general conflict of interest. The City Council would decide whether the Council/Commission member has a specific conflict of interest. If the decision differs from the recommendation of the City Attorney, mediation or arbitration shall be employed to make the determination. c. Any City Council member determined to have a conflict of interest on a specific issue shall follow the recusal process.
Ethics San Mateo - A California Nonprofit Public Benefit Corporation www.EthicsSanMateo.com
5. Recusal
The definition of Recusal and procedure needs to be clarified and enforced. a. Recusal must include the removal of the subject Council member from chambers during any discussion or vote regarding the subject items. b. The subject Council member must be prohibited from discussing the item with other Council members, other city officials and staff until such time as it is no longer before Council.
6. Conduct with other members of the City Council, Commissioners, Board Members, city staff and the public.
a. Council members shall not bully, shame, attack, slander, libel, personally insult or otherwise cast aspersions on any city officials, members of city staff, or members of the public verbally or in writing, in relation to any issues before, or pending to come before, city council.
7. Serving the Entire Community
a. The City Council will govern by considering the needs and interests of the community as a whole.
b. The interests and will of the residents of San Mateo will be considered as predominant over all other entities.
1 Patrice Olds
From: Virginia McIsaac
Sent: Wednesday, January 24, 2024 12:05 PM
To: City Council (San Mateo)
Subject: Suggested rules of conduct
Attachments: Proposed rules of conduct for City of San Mateo .docx Attached please find a list of my immediate thoughts on rules of conduct for both council members and commissioners.
Hopefully you'll find it useful.
Best Regards
Virginia McIsaac
• Treat each other with dignity and respect at all times. • Respect the various political views and opinions of everyone in attendance of council and commission meetings.
• Refrain from engaging in activities or actions that would reflect poorly on city government.
• Avoid disrupting speakers or presenters during sessions and meetings. • Prohibit unlawful discrimination, harassment or retaliation • Acknowledge any conflict of interest with any item brought forward for review and remove yourself from any judicial determinations. • Focus on Productive Dialogue
• Work for the common good, not personal interest;
• Provide transparency regarding components of council/commission decisions.
•
From: Lisa Taner
To: City Council (San Mateo)
Subject: Did Someone Say Oversight?
Date: Tuesday, May 2, 2023 12:16:16 PM
Dear City Council,
After all the gaslighting that went on from the mayor's seat last night, what a timely piece of news to reflect on. https://abcnews.go.com/Politics/9-supreme-court-justices-push-back- oversight-raises/story?id=98917921&fbclid=IwAR2LTC-
X8H9ivPnb315E5d8T4n1A6HU2HSxZfU00SFkbnWgg3lepOTqSwz4
We can choose one of two directions: CLEAN UP CITY HALL and rise to the level of integrity and transparency that can be a model for our region, regain public respect and do the real work of the people OR leave the public faith shattered with the exception of those who support 'anything goes' behaviors, 'move on' with nothing fixed and continue to plummet.
The stage is all yours.
Lisa Taner