3 LCW’S PROPOSED EDITS TO BEHAVIORAL STANDARDS
FOR COUNCILMEMBERS
1 City of Santa Clara
PROGRAM IN ETHICS & VALUES
BEHAVIORAL STANDARDS FOR CITY COUNCIL MEMBERS 1
INTRODUCTION
Ten years ago, the City of Santa Clara began its ethics and values program to foster public trust by promoting and maintaining the highest standards of personal and professional conduct. Since the adoption of the Code of Ethics & Values in 2000, the City Council has promised the people of Santa Clara that Council M embers, all elected and appointed officials, candidates for public office, and City Staff will meet the most demanding ethical standards and demonstrate the highest levels of achievement in practicing eight core values identified in the Code.
Those values, which are fundamental to public trust, were adopted to guide the decisions and actions of individual Council Members and the Council as a whole. City Council and City Staff have worked hard to integrate these values into the everyday operatin g culture of City Hall. The City has conducted extensive outreach to residents encouraging them to hold public officials accountable at the ballot box for being credible role models for these values, in word and in deed, in public or in private.
To help the Council make these values real in their regular work with the City, the Code describes for each value a basic set of character traits and actions residents can expect to see Council Members meet and exceed.
This document translates these traits and actions into concrete behavioral standards for the City Council. These standards describe what impeccable leadership ethics looks like in the everyday work of the Council. They reflect commonly accepted "best pract ices," rather than specific issues or problems the Council has faced. The list seeks to include enough positive behaviors to practice (and negative behaviors to avoid) that a reasonable person can assess how credible he or she is as a role model and ethica l leader.
This information is presented i n four columns. Columns 1 and 2 reproduce the approved Code of Ethics. Columns 3 and 4 list the behavioral standards.
1 This document is based on the Behavioral Standards for Commissioners, Boards, and Other Appointed Officials, developed during 2000 -2002, and approved by the City Council in February 2003. A representative committee of Board Members and Commissioners, working with the City's initial Ethics Ordinance Committee, drafted that document. It was then revised based on extensive feedback from all Board Members, Commissioners, and Staff Liaisons. In a working session in April, 2008, the Council used that document to develop the first draft of its own standards The City's Ethics Consultant, Dr. Tom Shanks, and City Staff dra fted the final version f or City Council review on May 6, 2008.
Approved by City Council on May 20, 2008.
2 City of Santa Clara
PROGRAM IN ETHICS & VALUES
BEHAVIORAL STANDARDS FOR CITY COUNCIL MEMBERS
The Code of Ethics & Values Behavioral Standards
1 City
Core Value
2 Basic Actions and
Character Traits
3 Council Members Engage in
Positive Behaviors Like
4 Council Members Avoid
Negative Behaviors Like
As a Santa Clara representative, I will be:
Ethical
I am trustworthy,
acting with the
utmost integrity
and moral courage
• Making careful decisions,
advancing the best long --
term interests of the City,
after considering all
available facts, City Staff
recommendations, and
public comment
• Making hasty, ill -
informed decisions
based on politics, bias,
faulty assumptions,
prejudice, self -in terest,
gossip, and half -truths
• Voting my honest
conviction, explaining
my ethical reasoning,
respecting the minority,
and upholding the
majority as the decision
of the Council
• Promising my vote
before facts are known
in order to gain favor
with a crony, endorser,
lobbyist, or special
interest
• Vigorously debating an
issue, listening carefully
to all sides, making my
best judgment call, even
if it's not popular, and
taking responsibility for
my actions
• Saying whatever the
vocal public wants to
hear, dodging criticism
of an unpopular vote,
shifting the blame to the
majority, other
members, or City Staff
• Preparing to vote by
assessing how various
options advance or harm
the best interests of the
City as well as the City's
Mission and Core Values,
working to minimize any
harm
• Always taking the short -
term view, representing
few stakeholders,
believing ethics and City
values have no bearing
on decisions
• Finding an imaginative
solution that is in the
best interests of the
City, is fair, respects
individual rights and the
Council's duties, and
advances City values
• Saying and doing
whatever it takes, no
holds barred, to advance
one's personal position,
power, influence or
political career
3 The Code of Ethics & Values Behavioral Standards
1 City
Core Value
2 Basic Actions and
Character Traits
3 Council Members Engage
in Positive Behaviors
Like
4 Council Members Avoid
Negative Behaviors
Like
Ethical (continued)
I am truthful, do
what I say I will
do, and am
dependable
• Giving complete,
factual,
unbiased information
to colleagues, public,
and the press
• Concealing,
fabricating,
overstating, under -
stating, or denying
the truth; spinning
the truth; leaving
out context
• Making promises
to the public, City
Staff, and Council
members which
can be kept and
do not exceed the
authority of any
individual Council
Member
• Promising more
than can be
delivered, over -
extending oneself,
or taking sole
credit for the work
of the Council and
others
I make impartial
decisions, free of
bribes, unlawful
gifts, narrow
political interests,
and financial and
other personal
interests that
impair my
independence of
judgment or action
• Seeking advice from
the City Attorney
and City Manager
when confronting a
real or potential
conflict of interest,
and making a full
public disclosure
when the Council
considers the
agenda item
• Helping a friend
get a project
through the
Council in return
for a donation to
a campaign fund,
school or charity,
or the gift of
tickets or another
perk
• Having declared a
conflict, leaving the
dais and Council
Chambers, so other
Council members
are free of any
undue influence
• Talking to fellow
Council Members
prior to declaring a
conflict, and asking
them to take care
of the item in a
way that advances
personal interests
I am fair,
distributing
benefits and
burdens according
to consistent and
equitable criteria
• Listening
attentively to all
sides, keeping an
open mind and
avoiding even the
appearance of bias,
following
precedents
consistently,
treating equals
equally
• Paying more
attention to
friends' and
supporters'
projects
• Making "back room"
deals and decisions
• Giving preferential
treatment to special
interests,
consultants, and
former Council
Members
4 The Code of Ethics & Values Behavioral Standards
1 City
Core Value
2 Basic Actions and
Character Traits
3 Council Members Engage
in Positive Behaviors
Like
4 Council Members Avoid
Negative Behaviors
Like
Ethical (continued)
I extend equal
opportunities and
due process to all
parties in matters
under consideration.
If I engage in
unilateral meetings
and discussions, I do
so without making
voting decisions
• Being available to
anyone who wants to
discuss an issue,
keeping an open
mind and not
committing to vote
for or against an item
until after hearing
the full public
discussion
• Promoting the
interests of the
business community
without first
considering the
interests of all
stakeholders
• Giving special
treatment to the
companies that pay
the most in taxes
and to my largest
campaign donors
• Referring media
questions on Closed
Session or other
confidential matters to
the City Manager's
Office, rather than
saying "No Comment"
• Telling others about
Closed Session
proceedings,
especially when it is
an important issue
and I want input on
how to decide
• Confirming a rumor,
remaining silent,
communicating non-
verbally, or in other
ways providing
information that is
confidential or that
the Council Member
has promised not to
reveal
• Treating the public and
City Staff, at all times,
the way I treat highly
regarded colleagues in
businesses or
professions
• Acting based on
stereotypes, rumors,
"ancient history," and
prior negative
experiences with an
individual or groups
• Bringing to the
attention of the City
Manager any concern
about the actions or
work of City Staff, or
any complaint from
the public
• Criticizing or
embarrassing the City
Manager or other City
Staff in public
• Failing to publicly
recognize
extraordinary City
Staff work
5 The Code of Ethics & Values Behavioral Standards
1 City
Core Value
2 Basic Actions and
Character Traits
3 Council Members Engage
in Positive Behaviors
Like
4 Council Members Avoid
Negative Behaviors
Like
Ethical
(continued)
• Showing courtesy and
interest in word and
action to City Staff,
public, and elected and
appointed officials
• Complimenting the
work of a single City
Staff member when
a staff team actually
did the work
• Speaking and acting
out of the belief that
City Staff and all
members of the
Council are on the
same team and
committed to doing
their best to serve
residents
• Engaging publicly or
privately in personal
verbal attacks
against Council
colleagues or City
Staff; interrupting
while they are
speaking, rolling
eyes, demeaning
them, or in other
ways treating them
inappropriately
Professional 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
• Using City titles for
identification at League
meetings or when on
other official City
business, or when
seeking information
directly related to a
Council matter from
appropriate sources
• Using a City title when
making dinner
reservations or making
purchases
• Referring friends to City
businesses and
suggesting they
mention the name of a
Council Member to
get the best prices
I apply my know -
ledge 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
• Preparing by reading the
agenda packet before
meetings
• Asking the City Manager
informational questions
ahead of time to assist
in being prepared
• Arriving on-time to
meetings, paying
attention and listening
actively
• Rushing into
meetings late and
being obvious
about opening the
agenda packet for
the first time or
speed -reading the
packet while City
Staff or the public
are presenting
information
6 The Code of Ethics & Values Behavioral Standards
1 City
Core Value
2 Basic Actions and
Character Traits
3 Council Members Engage in
Positive Behaviors Like
4 Council Members Avoid
Negative Behaviors Like
Professional
(continued)
• Asking questions that
will advance the
discussion,
contribute to
decision -making, and
have not been
covered in the
agenda packet
• Taking no notes,
remembering little,
if any, of the
information in the
agenda packet,
asking to have
information
repeated constantly
• Listening attentively
to the public, City
Staff, and other
Council members who
may speak at
meetings
• Making little or no
eye contact with
any speaker during
the meeting
• Leaving during public
comment and returning
only after it is over
• Making comments to
someone else while
the public is
speaking
I approach my job and
work-related
relationships with a
positive attitude
• Approaching Council
work informed of issues,
enthusiastic, energized,
interested, ready to
participate, and focused
• Approaching Council
work half -heartedly,
coming to meetings
eager to leave
• Short -circuiting a
discussion; being
perceived as rude by
other Council
Members, City Staff,
or the public
• Making guests feel
welcomed at
meetings
• Treating new Council
Members as
colleagues,
encouraging them to
express their
opinions, and
offering them
positive feedback
• Acting in a superior
manner with newly
elected Council
members
• Never making time to
be responsive to
residents who want
to discuss issues
I keep professional
knowledge and skills
current and growing
• Making it a priority
to attend League
meetings, Electric
Joint Powers Agency
meetings, and
committees
• Assuming there is
nothing new to
learn
• Going to League
meetings and
conferences to be seen,
but never attending any
training
7 The Code of Ethics & Values Behavioral Standards
1 City
Core Value
2 Basic Actions and
Character Traits
3 Council Members Engage
in Positive Behaviors
Like
4 Council Members Avoid
Negative Behaviors
Like
Professional
(continued)
• Reading background
materials for general
preparation including
professional journals,
books, and articles
• Skipping meetings with
the City Manager,
assuming you know as
much, if not more, than
she does on this issue
Service-Oriented I provide friendly,
receptive, courteous
service to everyone
• Not just answering
questions, but
sharing helpful
knowledge of Council
or government
functions, even if the
person asking isn't
sure what they need
to know
• Acting like it's a bother
anytime a resident asks
a question or when
they make inquiries
about
Council/government
business
• Seeking the opinions
of those who are
hesitant or unwilling
to come forward with
their ideas, but trying
not to force anyone
to speak in a public
forum if they are
uncomfortable or
unprepared
• Making guests or
others feel stupid,
intimidated,
dismissed,
manipulated, or
demeaned by reading
the newspaper,
falling asleep,
laughing at a private
joke with another
Council Member, or
repeatedly leaving
the room during
discussions
I am attuned to, and
care about, the needs
and issues of residents,
public officials, and city
workers
• Talking with residents
and actively listening
at City gatherings to
be aware of what is
going on in this
community and other
communities
• Being arrogant or
uninterested when
responding to
residents outside of
City Hall about their
concerns and
debating with them
to prove them
wrong or
misinformed
• Attending City events
and interacting
effectively with the
public, aware that
others expect Council
Members to be role -
models
• Showing up late to City
events, leaving early,
and spending most of
the time talking only to
one or two friends
8 The Code of Ethics & Values Behavioral Standards
1 City
Core Value
2 Basic Actions and
Character Traits
3 Council Members Engage in
Positive Behaviors Like
4 Council Members Avoid
Negative Behaviors
Like
Service-Oriented
(continued)
• Relaying things heard or
provided to the Council
or the City Manager or
other appropriate
parties for follow-up
• Withholding important
information to use it for
narrow personal
purposes at a later time
In my interactions with
constituents, I am
interested, engaged,
and responsive
• Acting in a pleasant
and friendly manner
and encouraging
people to speak their
mind; welcoming
constructive criticism
as well as
compliments
• Through word and
action, discouraging
people from proposing
what they believe are
solutions or expressing
their concerns
• Focusing on the
speaker and trying to
see the world as they
do in order to
understand their
needs
• While seeming to be
engaged in one
conversation, scanning
the environment for
someone more
interesting or
important to speak
with; abruptly stopping
the previous
conversation to speak
with the more
important person
Fiscally Responsible 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
• Before deciding how
to vote, reviewing
cost/benefit analysis
and all related
studies, along with
City Staff
recommendations
• Allowing other Council
members who have
more expertise in
budgeting to take the
lead in budget
discussions, trusting
that they know better,
and never improving
personal expertise
• Consider the City's short
and long term financial
condition prior to
proposing new or
expanded City projects
• Ignoring the constraints
of the City budget when
making decisions
• Citing "budget
constraints" as the
reason for not
supporting a motion,
when the real reason
is how it will look in
the next election
9 The Code of Ethics & Values Behavioral Standards
1 City
Core Value
2 Basic Actions and
Character Traits
3 Council Members Engage in
Positive Behaviors Like
4 Council Members Avoid
Negative Behaviors
Like
Fiscally Responsible
(continued)
I demonstrate concern
for the proper use of
City assets (e.g.,
personnel, time,
property, equipment,
funds) and follow
established procedures
• Allocating resources
according to the
City's plan and in
compliance with the
law and the City's
goals to provide
residents with a
better environment
in which to live
• Taking advantage of any
opportunity to get
something "free" from
the City
• Seeking discounts from
the City's vendors solely
because of my position
• Using City equipment
only for Council
work, not for
personal use or for
my business
• Coming to City Hall
regularly and asking
City Staff to make just a
few copies for personal
use
• Respecting City Staff
time and being
especially careful to
ask the City Manager
to take on special
research or other
projects only if
convinced that this
work is critical and
necessary for the
Council to better
serve the needs of
residents
• Asking a lot of
questions that focus
on non substantive
details, being unable
to separate what's
important from
what's not
• Representing the public's
interests to the best of
my ability
• Balancing long -term
impacts and short -
term goals
• Acting as if I "own" the
City or my seat on the
Council
I make good
financial decisions
that seek to
preserve programs
and services for City
residents
• Being fully aware of
and understanding
the approved City
budget, having
solicited
explanations from
the City Manager, if
necessary
• Taking as many trips
as possible at the
City's expense
because of a
personal feeling
that the
compensation is not
sufficient and some
reward for City
work is deserved
10 The Code of Ethics & Values Behavioral Standards
1 City
Core Value
2 Basic Actions and
Character Traits
3 Council Members Engage in
Positive Behaviors Like
4 Council Members Avoid
Negative Behaviors
Like
Organized I act in an efficient
manner, making
decisions and
recommendations
based upon research
and facts, taking into
consideration short
and long -term goals
• Being cognizant of the
importance of scarce
meeting time and
preparing accordingly,
with the result that
the Council spends
time on the important
issues and deals
efficiently with other
issues
• Relying solely on prior
knowledge and
spending a great deal of
the Council's time
proving to everyone
how much I know on all
issues, large and small
I follow through in a
responsible way,
keeping others
informed, and
responding in a
timely fashion
• Sharing my research and
experience with others
on the Council, making
worthwhile
contributions and
welcoming
alternative
viewpoints
• Using hear-say from a
third party as the sole
basis for making a
decision
• Returning phone calls
and email promptly, if
at all possible; if
unable, letting the
person know when to
expect a response
• Failing to
acknowledge receipt
of requests for
information
• Responding only to
people who can help
with personal political
goals
• Eventually getting
around to sending
information, but
never in a timely
manner
I am respectful of
established City
processes and
guidelines
• Participating fully in
orientation sessions
and other sessions in
order to understand
how the City's policies
and procedures
impact the
effectiveness of the
Council
• Criticizing City
policies in public
without first
expressing concerns
to City Staff or
gaining knowledge
necessary in order
to offer constructive
criticism
• Helping to establish
reasonable timetables
and then following
them
• Being flexible in setting
meeting dates and times
• Ignoring deadlines, not
keeping people
informed, and making
excuses which damage
public trust
11 The Code of Ethics & Values Behavioral Standards
1 City
Core Value
2 Basic Actions and
Character Traits
3 Council Members Engage in
Positive Behaviors Like
4 Council Members Avoid
Negative Behaviors
Like
Organized
(continued)
• Being able to explain to
residents, businesses,
and visitors how the
City's policies and
procedures are
examples of the City's
Core Values in practice
• Being cynical about
policies and cavalier
about following
procedures because
of a failure to see
how these are related
to fairness and the
common good
Communicative I convey the City's care
for and commitment to
its residents
• Being able to explain the
City's goals to anyone
and describe personal
commitment to them
• Supporting superb,
affordable City services
and conveying that
commitment effectively
to residents
• Plotting and scheming
to accomplish
personal agendas
• Deciding how you will
vote and writing out
those reasons prior
to any public
comment
• Becoming angry at a
resident who is
critical of the
Council
I communicate in
various ways that I
am approachable,
open -minded and
willing to participate
in dialog
• Being available to the
public in person, at
events, an d through
telephone and
written
correspondence to
provide both answers
to questions and
dissemination of
important
information
• Confusing residents,
spreading rumors and
gossip, or slandering
elected or appointed
officials, City Staff, or
anyone
• Interrupting someone
who has the floor
• Listening attentively,
being open to multiple
perspectives, and
allowing the
possibility of changing
opinions and points of
view
• Listening solely to
find flaws, to spot
differences, and to
counter arguments
• Going out of my way
during meetings to
show why I am always
right and others are
not
• Making it a practice to
communicate equally
well to all stakeholders,
regardless of their
influence, power, or
campaign donations
• Dominating meetings
and asking many
more questions than
time allows,
effectively excluding
the input of others
12 The Code of Ethics & Values Behavioral Standards
1 City
Core Value
2 Basic Actions and
Character Traits
3 Council Members Engage in
Positive Behaviors Like
4 Council Members Avoid
Negative Behaviors
Like
Communicative
(continued)
I engage in effective
two-way
communication, by
listening carefully,
asking questions, and
determining an
appropriate
response which adds
value to
conversations
• During meetings,
giving residents and
others the benefit of
the doubt and
listening to identify
needs and interests
• Asking questions to
clarify, to understand,
and to augment, in
order to hear the truth
as the resident sees it
• Making the best
decision to advance
the community's
values and goals
• Considering people
on the other side of
issues as enemies,
rather than as
colleagues or fellow
residents
• Weakening public
debate by belittling or
mocking someone's
viewpoint
• Demonizing anyone who
disagrees with a
personal conviction or
viewpoint
Collaborative I act in a
cooperative manner
with groups and
other individuals,
working together in
a spirit of tolerance
and understanding
• Submitting one's best
thinking, respecting
all other participants
and inviting their
thoughts in order to
develop better
solutions
• Seeing value in working
with other agencies to
develop consistent
policies, where
appropriate
• Describing people who
hold different
viewpoints as "them"
• Failing to recognize
personal biases,
prejudices, stereotypes,
and their influence on
language and attitudes
toward residents and
others
I work towards
consensus building
and gain value from
diverse opinions
• Approaching meetings
and discussions
assuming that many
people have pieces of
answers and that
cooperation will lead
to workable solutions
for the most difficult
problems
• Approaching
discussions as if there's
already a single right
answer that needs to
be defended against
opposing viewpoints
I accomplish the goals
and responsibilities of
my individual position,
while respecting my
role as a member of a
team
• Understanding that what
I do speaks more loudly
than what I say
• Showing respect for
Council Members, Staff,
and residents by giving
priority to my City
commitment, doing my
homework
• Focusing first on
satisfying a personal or
hidden agenda
• Actively weakening
the team that the
Council and City
Staff have devoted
efforts to build
13 The Code of Ethics & Values Behavioral Standards
1 City
Core Value
2 Basic Actions and
Character Traits
3 Council Members Engage in
Positive Behaviors Like
4 Council Members Avoid
Negative Behaviors
Like
Collaborative
(continued)
• Understanding that
each Council
decision either
builds public trust
or detracts from it
• Dismissing any idea
proposed by a
Council colleague
who supported
someone else in
the last election
• Working hard to develop
among Council
Members, other officials,
City Staff, and the public
a kindred spirit of
cooperation when
working toward
implementing City
values
• Reaching conclusions
based on satisfying
personal or special
interests and
refusing to change
one's position
despite good
reasons to
reconsider
• Holding grudges and
considering some
people as
permanent enemies
I consider the
broader regional
and State- wide
implications of the
City's decisions and
issues
• While serving on County-
wide committees, acting
in a professional manner
and approaching the
tasks responsibly
• Making derogatory
remarks about other
cities, feeling that
Santa Clara is
superior
• Serving on County or
State -wide panels,
freely sharing
information and
resources so
everyone may benefit
from the City's
experience
• Having tunnel vision
and ignoring
anything beyond the
City, depriving the
City of the benefit
of a broader,
regional perspective
14 The Code of Ethics & Values Behavioral Standards
1 City
Core Value
2 Basic Actions and
Character Traits
3 Council Members Engage in
Positive Behaviors Like
4 Council Members Avoid
Negative Behaviors
Like
Progressive I exhibit a
proactive,
innovative
approach to setting
goals and
conducting the
City's business
• Contributing
personal
experiences and
expertise to
advance the goals of
the Council and the
City as a whole
• Anticipating future
problems or
opportunities,
raising the issues at
the appropriate time
for City Staff to
investigate and for
Council to consider
• Being dogmatic in
approaching
decision -making
and only doing
things the way
they've always
been done
• Never taking a
forward looking,
principled or values-
centered stand, but
preferring to solve
issues in an ad hoc
manner
• Focusing on the
short term, being
concerned only
about meeting
minimum
requirements of
law, politics, or
efficiency
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
• Being able to explain
how a decision is
consistent with
ethical standards
and the City's Core
Values
• Committing to
ongoing
improvement,
progressive
government, and
moral imagination in
solving problems
• Lying about
personal mistakes
and downplaying
their importance
• Manipulating
discussions and
decisions to
advance personal,
political
aspirations
• Speaking and
listening only to
one's friends on the
Council
• Taking responsibility
for actions, making
appropriate
apologies or
restitution when a
mistake is made,
and implementing a
plan to develop
practical skills to
avoid such mistakes
in the future
• Actively listening,
asking clarifying
questions, and
giving careful
consideration to all
• Holding on to
opinions and
viewpoints so
stubbornly that
mistakes are made,
impacting public
trust
• Letting personal
limitations impede
progress or the work
of the Council
• Playing the role of
pessimist whenever
a new idea is
presented, trying
to bulldoze
personal ideas
15 The Code of Ethics & Values Behavioral Standards
1 City
Core Value
2 Basic Actions and
Character Traits
3 Council Members Engage in
Positive Behaviors Like
4 Council Members Avoid
Negative Behaviors
Like
Progressive
(continued)
comments and
viewpoints, even if
they are expressed
by people who think
differently, have
different beliefs,
and have different
groups of
supporters
despite budget
limitations, prior
agreement, or
consensus, and
undermining new
ideas by gossiping
with others before
the idea has a
chance to be
explored
I promote
intelligent and
thoughtful
innovation in
order to forward
the City's policy
agenda and City
services
• Encouraging
talented and
diverse individuals
to become involved
in City service, as
well as recognizing
and celebrating
talent and new
ideas that help the
City reach its
goals, improve City
services, and
implement City
Core Values in best
practice
• Pushing change in
the City without
ample thought,
and causing
change only for
the sake of
change, or only to
fulfill a campaign
promise