CITY OF SIMI VALLEY
MEMORANDUM
February 13, 2023
TO: City Council
FROM: Office of the City Manager
SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING THE CITY OF SIMI
VALLEY CODE OF ETHICS AND CONDUCT FOR ELECTED OFFICIALS
AND MEMBERS OF APPOINTED BOARDS, COMMISSIONS, AND
COMMITTEES
STAFF RECOMMENDATION
It is recommended that the City Council discuss the City of Simi Valley Code of Ethics and Conduct for Elected Officials and Members of Appointed Boards, Commissions and Committees and take action if desired.
BACKGROUND AND OVERVIEW
The City Council adopted a Code of Ethics and Conduct for Elected Officials and Members of Appointed Boards, Commissions and C ommittees (Code of Ethics) (page 4) on June 17, 2002. The Code of Ethics was last considered in November 2021 and at that time, the City Council directed that all appointed members of Boards, Commissions and Committees be required to take AB 1234 Ethics Training as part of their appointment to their volunteer position.
FINDINGS AND ALTERNATIVES
The Code of Ethics and Conduct (page 4) is a values based document which focuses on behaviors to be demonstrated, rather than a rule based document with a punitive focus.
Members of the City Council, Planning Commission, and those appointed to the City’s Boards, Commissions, and Committees must review the Code of Ethics and sign the Statement of Commitment upon their election or appointment to acknowledge their receipt and acceptance of the document. The Code of Ethics is a self -enforcing document meaning the City Council enforces the compliance with the document.
The Code of Ethics includes a purpose and 18 guiding principles. The purpose states:
The citizens and businesses of Simi Valley are entitled to have fair, ethical and accountable local government which has earned the public’s full confidence for integrity.
The City of Simi Valley’s strong desire to fulfill this mission therefore requires that:
AGENDA ITEM NO.
9A
2 • public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government; • public officials be independent, impartial and fair in their judgment and actions; • public office be used for the public good, not for personal gain; and • public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
To this end, the Simi Valley City Council has adopted this Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government and its effective and fair operation.
The 18 guiding principles included in the document are as follows:
• Act in the Public Interest
• Comply with the Law
• Conduct of Members
• Respect for Process
• Conduct of Public Meetings
• Decisions Based on Merit
• Communication
• Conflict of Interest
• Gifts and Favors
• Confidential Information
• Use of Public Resources
• Representation of Private Interests
• Advocacy
• Policy Role of Members
• Independence of Boards, Commissions, and Committees
• Positive Work Place Environment
• Implementation
• Compliance and Enforcement
As part of the City Council’s bi-annual review of the Code of Ethics, the Council may wish to consider the Statement of Purpose and the guiding principles and provide direction to staff whether they continue to reflect the values of the City as currently stated.
City Council is to consider recommendations from boards, commissions, and committees and update the Code of Ethics as necessary in November of even- numbered years.
However, due to workload issues, staff was unable to bring the Code of Ethics to the Council for review in November 2022. For future reviews, staff will ensure we continue on the biennial cycle but now shift to the first quarter of odd-numbered years.
3 The following alternatives are available to the City Council:
1. P
rovide direction to staff to modify the Simi Valley Code of Ethics and Conduct for Elected Officials and Members of Appointed Boards, Commissions and Committees if desired;
2. P
rovide staff with other direction.
S
taff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I mov
e to direct staff to
1. M
odify the Simi Valley Code of Ethics and Conduct for Elected Officials and Members of Appointed Boards, Commissions and Committees as follows ___________; or
2. M
ake no changes to the Code of Ethics and Conduct for Elected Officials and Members of Appointed Boards, Commissions, and Committees.
SUMMARY
T
he City Council adopted a Code of Ethics (page 4 ) on June 17, 2002. The Simi Valley Code of Ethics and Conduct for Elected Officials and Members of Appointed Boards, Commissions and Committees (Code of Ethics) was last considered in November 2021 and at that time, the City Council directed that all appointed members of Boards, Commissions and Committees be required to take AB 1234 Ethics Training as part of their appointment to their volunteer position. Previous edits to the Code of Ethics and Conduct have included the removal of the Rotary International’s “4-Way Test.” The Code of Ethics is considered by the City Council in each odd-numbered year. It is recommended that the City Council discuss the City of Simi Valley Code of Ethics and Conduct for Elected Officials and Members of Appointed Boards, Commissions and Committees and take action if desired.
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_________________________________
Samantha Argabrite
Assistant City Manager
P
repared by: Samantha Argabrite, Assistant City Manager INDEX Page
S
imi Valley Code of Ethics and Conduct for
Elected Officials and Members of Appointed Boards,
Commissions and Committees ......................................................... 4 City of Simi Valley Code of Ethics and Conduct
for Elected Officials and Members of
Appointed Boards, Commissions, and Committees
1 Adopted 9/9/19; Rev. 3/30/20
Statement of Purpose
Th
e citizens and businesses of Simi Valley are entitled to have fair, ethical and accountable local government which has earned the public’s full confidence for integrity.
The City of Simi Valley’s strong desire to fulfill this mission therefore requires that:
• publi
c officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government; • public officials be independent, impartial and fair in their judgment and actions; • public office be used for the public good, not for personal gain; and • public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
To
this end, the Simi Valley City Council has adopted this Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government and its effective and fair operation.
1. Act in the Public Interest
Rec
ognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Simi Valley and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Simi Valley City Council, boards, commissions, and committees.
2. Comply with the Law
Mem
bers shall comply with the laws of the nation, the State of California, and the City of Simi Valley in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies.
3. Conduct of Members
Th
e professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or v erbal attacks upon the character or motives of other members of Council, boards, commissions, and committees, the staff or public. 4 City of Simi Valley Code of Ethics and Conduct
for Elected Officials and Members of
Appointed Boards, Commissions, and Committees
2 Adopted 9/9/19; Rev. 3/30/20
4. Respect for Process
Members shall perform their duties in accordance with the processes and rules of order established by the City Council and boards, commissions, and committees governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff.
5. Conduct of Public Meetings
Members shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane t o the business of the body, or otherwise interfering with the orderly conduct of meetings.
6. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand.
7. Communication
Members shall publicly share substantive information that is relevant to a matter under consideration by the Council or boards, commissions, and committees which they may have received from sources outside the public decision-making process.
8. Conflict of Interest
In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest or personal relationship which may give the appearance of a conflict of interest. In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision-making where conflicts may exist.
9. Gifts and Favors
Members shall comply with the requirements of the Political Reform Act relating to the acceptance and reporting of gifts.
5 City of Simi Valley Code of Ethics and Conduct
for Elected Officials and Members of
Appointed Boards, Commissions, and Committees
3 Adopted 9/9/19; Rev. 3/30/20
10. Confidential Information
Members shall respect the confidentiality of information concerning City property, personnel or proceedings of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their pers onal interests.
11. Use of Public Resources
Members shall not use public resources not available to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
Members shall not utilize the City’s name or logo for the purpose of endorsing any political candidate or business.
12. Representation of Private Interests
In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any board, commission, committee, or proceeding of the City, nor shall members of boards, commissions, and committees appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.
13. Advocacy
Members shall represent the official policies or positions of the City Council, board, commission, or committee to the best of their ability when designated as deleg ates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Simi Valley, nor will they allow the inference that they do.
14. Policy Role of Members
Members shall respect and adhere to the council -manager structure of Simi Valley city government as outlined in the City’s policies and procedures and follow Simi Valley Municipal Code Section 2-6.208 with respect to the City Manager’s relationship with the City Council. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, boards, commissions, and committees and City staff. Except as provided by the City ordinance, members therefore shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions.
6 City of Simi Valley Code of Ethics and Conduct
for Elected Officials and Members of
Appointed Boards, Commissions, and Committees
4 Adopted 9/9/19; Rev. 3/30/20
15. Independence of Boards, Commissions, and Committees
Because of the value of the independent advice of boards, commissions, and committees to the public decision-making process, members of Council shall refrain from using their position to influence unduly the deliberations or outcomes of board, commission, and committee proceedings.
16. Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City.
Members shall recognize their special role in dealings with City employees and refrain from creating the perception of inappropriate direction to staff.
17. Implementation
As an expression of the standards of conduct for members expected by the City, the Simi Valley Code of Ethics and Conduct is intended to be self-enforcing. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.
For this reason, ethical standards shall be included in the regular orientations for candidates for City Council, applicants to boards, commissions, and committees and newly elected and appointed officials. Members entering office shall sign a statement affirming they have read and understood the City of Simi Valley Code of Ethics and Conduct. In addition, the Code of Ethics and Conduct shall be reviewed bi -annually by the City Council, boards, commissions, and committees, and the City Council shall consider recommendations from boards, commissions, and committees and update it as necessary in November of even-numbered years.
18. Compliance and Enforcement
The Simi Valley Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the Simi Valley City Council, boards, commissions, and committees. Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of boards, commissions, and committees and the Mayor have the additional responsibility to intervene when members’ actions appear to be in violation of the Code of Ethics and Conduct are brought to their attention. The City Council may impose sanctions on members whose conduct does not comply with the City’s ethical standards, such as reprimand, formal censure, loss of seniority or committee assignment. The City Council also may act to remove members of boards, commissions, and committees from office.
7 Term:
Ci
ty of Simi Valley Code of Ethics and Conduct
for Elected Officials and Members of
Appointed Boards, Commissions, and Committees
5 Adopted 9/9/19; Rev. 3/30/20
STATEMENT OF COMMITMENT
A
s a member of the Simi Valley City Council or of a Simi Valley board, commission, or committee, I agree to uphold the Code of Ethics and Conduct for elected and appointed officials adopted by the City Council and conduct myself by the following model of behavior. I will:
• R
ecognize the worth of individual members and appreciate their individual talents, perspectives and contributions;
• Help create an atmosphere of respect and civility where individual members, City staff and the public are free to express their ideas and work to their full potential; • Conduct my personal and public affairs with honesty, integrity, fairness and respect for others;
• Respect the dignity and privacy of individuals and organizations; • Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit;
• Avoid and discourage conduct which is divisive or harmful to the best interests of Simi Valley;
• Treat all people with whom I come in contact in the way I wish to be treated.
I
affirm that I have read and that I understand, accept and support the City of Simi Valley Code of Ethics and Conduct.
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Board, Commission, Committee
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Position
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(Print Name)
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Signature Date
8