7/11/23 Item # 8
Agenda Item #8
Discuss and Consider
the Creation of an
CITY OF
Independent Ethics
Commission
1852
THE MISSION CIT
July 11, 2023
City of
Santa Clara
The Center of What's Possible
Background
• In 2000, the City of Santa Clara adopted an updated Code of Ethics & Values, which was later modified by Council in August 2001.
• The City's Code of Ethics & Values was designed to increase public trust and confidence in government by promoting and maintaining the highest standards of personal and professional conduct among the people who work in or represent the City. • In the past, the City worked with the Markkula Center for Applied Ethics at Santa Clara University and also hired an Ethics consultant to provide on-call ethics guidance, coaching, research, and conflict resolution as needed.
• Jan. 4, 2023 - The City's response to the Grand Jury Report states an Independent Ethics Commission would overlap the purpose of the City's existing Governance & Ethics Committee, therefore was not warranted.
• June 5, 2023 - The Governance and Ethics Committee referred this item to the full Council for discussion.
POST MEETING MATERIAL
City of
Santa Clara
The Center of What's Possible
Discussion
• Role of the Commission
• Jurisdiction: What topics would the commission be responsible for addressing? Many "ethics" laws and standards are already addressed by other state agencies (e.g., FPPC)
• Authority of Commission: What powers should the Commission have? • Selection Process: Appointment or qualifications?
• Resources Required: Staffing and independent legal counsel? • Outside Expertise: e.g., consultants or the Markkula Center for Applied Ethics • Alternatives
7/11/23 Item# 8
From: Kirk Vartan
To: Mayor and Council; Clerk; Manager
Cc: losam Haggag; Lisa Gilmor; Kathy Watanabe; Tom Shanks; [email protected] [email protected]; Carolyn Tolliver; [email protected]; [email protected]; Ron Kroichick; Lanc Williams
Subject: Item 23-814 (Item 8) - Independent Ethics Commission - Public Comment Date: Monday, July 10, 2023 1:38:35 PM
Mayor and Council:
I am glad to see this item come to the full council for discussion. It should be a "no brainer" to create this given it wi If this council majority wants to show they have nothing to hide and are not part of any 49ers influence, they should want to expeditiously install an Independent Ethics Commission. If they don't or cannot explain why they don't want it, that should be a major red flag to the community.
Do at cas this: this boards are given the autority enfose a wisdiction's thics regulations in response to complaints.
Jurisdiction:
Ethics policy and the law
Authority:
All of the items listed, especial the investigation, subpoena, and referrals! The alternatives suggested should be immediately dismissed. As the Governance and Ethics Committee has shown, they are not even interested in addressing this. It is shameful. And it is 100% NOT independent.
This council has shown it cannot police itself. They allow continued violations of the existing Ethics and Behavioral Standards polices they all supported unanimously. For example, when the council was asked by multiple members of the public to agendize the egregious behavior Vice Mayor Park displayed during a council meeting, the council members did a lot of "what aboutism" and did not address the conduct. In fact, no one condemned it, and Vice Mayor Park did not make a single comment during the discussion. But he did feel it was OK to vote on it. And the same with Counclmember Becker.
Whether he is attacking a member of the public, lying to the public, or committing misdemeanor or felony crimes agains the grand jury, it is clear this council will not hold their majority accountable. It is sad and embarrassing. A body that is supposed to be beyond reproach is anything but.
Authorize the Independent Ethics Commission. Don't let the council influence it at all. Use the Santa Clara experts at the Markkula Center for Applied Ethics to consult for the city and build that independent commission.
You should get moving on it ASAP. It's been too long already.
Kind regards,
POST MEETING MATERIAL
Kirk Vartan