1 LCW’S PROPOSED EDITS TO CITY CODE OF ETHICS AND
VALUES
City Council Code of Ethics & Values
Santa Clara's Code of Ethics & Values, adopted by the City Council in March of 2000 and modified by Council in August of 2001, is designed to provide clear, positive statements of ethical behavior reflecting the core values of the community. The Code includes practical strategies for addressing ethical questions and a useful framework for decision-making and handling the day-to-day operations of the municipality.
The current Code of Ethics & Values was developed in 1999 by a Committee composed of three elected officials, nine City commissioners, two community members, the City Manager and the City Attorney. A previous Code was adopted in the 1960s and periodically updated, but the Committee took a fresh approach by working with the Markkula Center for Applied Ethics at Santa Clara University to create a new Code of Ethics & Values for the City that would better reflect the issues and concerns of today's complex and diverse society.
ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN
AGREEMENT WITH THE CITY OF SANTA CLARA, CALIFORNIA
Goals of the Code of Ethics & Values
• To make Santa Clara a better community, built on mutual respect and trust • To promote and maintain the highest standards of personal and professional conduct among all involved in City government elected officials, City staff, volunteers, and members of the City's boards, commissions and committees The Code of Ethics & Values is a touchstone for members of boards, commissions and committees in fulfilling their roles and responsibilities.
Preamble
The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to the people they serve. The City of Santa Clara has adopted this Code of Ethics & Values to promote and maintain the highest standards of personal and professional conduct in the City's government. All elected and appointed officials, City employees, volunteers, and others who participate in the city's government are required to subscribe to this Code, understand how it applies to their specific responsibilities, and practice its eight core values in their work. Because we seek public confidence in the City's services and public trust of its decision-makers, our decisions and our work must meet the most demanding ethical standards and demonstrate the highest levels of achievement in following this code.The
residents of the City of Santa Clara are entitled to responsible, fair, honest, and ethical City government. Elected officials should conduct their official and private affairs so as not to give a reasonable basis for the impression that any such official can be improperly influenced in the performance of their public duties. It is also important that elected officials maintain an environment where all those involved in the governing process feel welcome to participate because they will be treated ethically and respectfully.
Values of Elected Officials
• Accountability—the willingness to accept respon sibility and account for one's actions.
• Fairness—ensuring equity and due process.
• Impartiality—loyalty to the public good.
• Diversity—embracing histories, values, a nd ideas from all backgrounds, and recognizing their contribution to improving the City's operations, services, and programs.
• Transparency—policies and procedures that ar e open to public observation and scrutiny.
• Integrity—the practice of being truthful, s eeking truth, and adherence to the City's values.
Responsibilities of Elected Officials
It is incumbent for every elected official to uphold this City Council Code of Ethics and Values.
The elected officials commit to undertaking their responsibilities with the highest ethical principles, placing the public's interest above their own. The elected officials pledge to uphold the following principles:
1. As a Representative of the City of Santa Clara, I will be ethical.an elected official, I will act in the public’s interest. Elected officials must work for the common good of the residents of the City and not for any private or personal interest. Elected officials will not permit personal interests to impair their judgment or action. Elected officials will be impartial, ensuring that decisions are free of bribes, unlawful gifts, or other improper influence. Elected officials will disclose, and if necessary, recuse themselves from the decision-making process and any activities, dealings, and transactions on behalf of the City that may relate to my personal, financial, or outside activities. Elected officials will not use their position with the City for private gain, for the endorsement of any product, person or enterprise, or for private gain of relatives or friends.
1. In practice, this value looks like:
a. I am trustworthy, acting with the utmost integrity and moral courage. a. I am truthful, do what I say I will do, and am dependable. a. 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.
a. I am fair, distributing benefits and burd ens according to consistent and equitable criteria.
a. 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.
a. I show respect for persons, confidences, and information designated as "confidential."
a. 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.
2. As a Representative of the City of Santa Clara, I will be professionalan elected official, I will be accountable. Elected officials must comply with all federal, State, and City laws and regulations as well as applicable policies and procedures in the performance of their duties.
In practice, this value looks like:
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.
a. I approach my job and work-related relationships with a positive attitude. a. I keep my professional knowledge and skills current and growing.
3. 3. As a Representative of the City of Santa Clara, I will be service-orientedan elected official, I will act above reproach.. The professional and personal conduct of elected officials must be above reproach and avoid even the appearance of impropriety. Elected officials must refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other elected officials, Boards or Board members, Commissions or Commission members, Committees or Committee members, City volunteers, City staff, and members of the public. Elected officials will be accurate, courteous, civil, and honest in all written and oral interactions with others. Respect for each other, the municipality, other City elected and appointed officials, City staff, and members of the public is critical to maintaining an environment where there is free and open discussion. Such an environment leads to better decision-making for the City. Accordingly, elected officials will act above reproach at all times.
In practice, this value looks like:
a. I provide friendly, receptive, courteous service to everyone.
a. I am attuned to, and care about, the needs and issues of citizens, public officials, and city workers.
a. In my interactions with constituents, I am interested, engaged, and responsive.
2.4. 4. As a Representative of the City of Santa Clara, I will be fiscally responsiblean elected official, I will place the public’s trust before my personal interests. Elected officials must not accept any gifts or favors which might compromise their independence of judgment or action, or give the appearance of being compromised. Elected officials will abide by all applicable requirements pertaining to gifts or favors and gratuities, including donations and honoraria.
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 pr ograms and services for City residents.
3.5. As a Representative of the City of Santa Clara, I will be organizedan elected official, I will properly use public and City resources. Elected officials will be fiscally responsible.
Elected officials will adhere to all policy and procedures and contractual commitments to safeguard the integrity of the City's procurement and bidding and competitive processes.
Elected officials must not use public resources unavailable to the public in general, such as City staff time, equipment, supplies, or facilities, for private gain or personal purpose.
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.
6. As a Representative of the City of Santa Clara, I will be communicativean elected official, I will safeguard data and information entrusted to me. Elected officials will safeguard City data to preserve confidentiality and privacy concerning the property, personnel, or other affairs of the City. Elected officials will handle and safeguard all non- public and proprietary information as protected under agreement or public law. Elected officials protect all City assets, resources, and information from loss, theft, and misuse.
Elected officials will protect the interests of the City and those who have placed their trust in them.
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.
7. As a Representative of the City of Santa Clara, I will be collaborativean elected official, I will avoid conflicts of interest. To assure their independence and impartiality on behalf of the common good, elected officials must not use their official positions on the Council to influence government decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship, which may give the appearance of a conflict of interest.
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.
8. As a Representative of the City of Santa Clara, 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.
Last Updated:
03-22-2019
(CONSIDER A FORM FOR ELECTED OFFICIALS TO SIGN):
I affirm that I have read and understand the above City Council Code of Ethics and Values.
My signature on this form certifies that I have received and read this City Council Code of Ethics and Values and that I will abide by this Code:
_____________________________
Council’s Relation with City Staff
Elected officials must respect the Council-Manager form of government. The City Manager implements Council's vision, policies, and goals through the City staff and is responsible for directing the day-to-day operations of the City. Elected officials value partnering and collaborating with the City Manager and the City organization to achieve the community's vision. The Council-Manager relationship is affected by the expectations, styles, and personalities of the Council and City Manager who are in place at the time. Despite the value of partnership and collaboration, these policies are intended to establish boundaries and expectations based upon the role of the City Manager and the Council-Manager form of government structure. As such, they transcend individual personalities and styles that might affect their implementation.
To enhance their working relationship with staff, elected officials should be mindful of the support and resources needed to accomplish City goals. When communicating and working with staff, elected officials should follow the guidelines below.
1. Elected officials must treat staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Elected officials must practice civility and decorum in all interactions with City staff.
2. Elected officials must be professional in all situations and circumstances, conducting themselves in a consistent, confident, competent, and productive manner.
3. Following the Council-Manager form of government, elected officials should direct routine questions of City staff to the City Manager, City Attorney, department head, or designee (i.e. staff assigned to support a subcommittee, project, or specific task).
Elected officials should not set up meetings with staff directly but work through the City Manager, City Attorney, department head, or designee. When in doubt about appropriate staff contact, elected officials should ask the City Manager.
4. The Council must understand that the City Manager and staff are responsible for implementing City and/or City Council action. The Council should not direct program administrative functions and implementation; rather it should provide policy guidance to the City Manager.
5. Elected officials should attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to Council meetings.
Early feedback will enable staff to address such questions before the meeting, resulting in a more efficient meeting discussion.
6. Elected officials should not direct the City Manager or City staff to initiate any action, change a course of action, or prepare any report without the approval of the Council. The City Manager's responsibility is to advise on resources available and required for a particular course of action as it relates to Council direction.
7. Elected officials should not attend department staff meetings unless invited or requested by the City Manager.
8. Elected officials should direct any concerns related to the behavior or work of a City employee to the City Manager. Elected officials should not reprimand employees directly nor should they communicate their concerns publicly.