City Council
Cody Bass, Mayor
Keith Roberts, Mayor Pro Tem
Scott Robbins, Councilmember
David Jinkens, Councilmember
Heather Horgan, Councilmember
Mission of the City Council
We provide responsive and effective local
government by maintaining a safe, livable, and
well-managed city through smart investment,
reliable services, and thoughtful planning.
City of South Lake Tahoe
Special City Council
Meeting Agenda
Tuesday, May 26, 2026 at 11:00 am
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe Notice Requirements
Government Code section 54956 et seq. (The Brown Act) states that SPECIAL MEETINGS require twenty-four hour (24) notice be provided to members of legislative body and media outlets including brief general description of matters to be considered or discussed. The order of Agenda items are listed for reference and may be taken in any order deemed appropriate by the legislative body.
Every reasonable effort will be made to accommodate any person needing special assistance to participate in this meeting. Contact the City Clerk at (530) 542-6005 in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].
Public Participation
City Council meetings are held in person at the time and location listed on this agenda. A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk's Office, (530) 542-6005 or [email protected] Providing Public Comment:
Remote Public Participation: If you would like to participate remotely, please join the ZOOM meeting by using this link: https://us02web.zoom.us/j/85957107938. If you would like to make a comment, wait for the agenda item to begin, then press the "raise hand" button. Meetings are also live-streamed (for viewing only) on Channel 21, the City website at www.cityofslt.us, and YouTube at https://www.youtube.com/channel/UC3LYne8Ih-kTPLnnuyJW9SQ/live Note: The Mayor reserves the right to conduct the meeting with in-person public participation only, if there is a technology malfunction that precludes the use of remote public participation.
In Person: Every agenda for regular meetings provides an opportunity for members of the public to directly address the legislative body (City Council), on any item of public interest which is within the 1 1. Public Employment Appointment - Government Code section 54957(b) Title: City Manager
2. City Council Protocols Update
3. Local Ethics Policy Update
jurisdiction of the City Council during Public Communications. For items on the agenda or in connection with any item which the City Council will consider, the public is given the opportunity to comment before or during the City Council's consideration of the item [Government Code Section 54954.3(a)].
In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected]. When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to [email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.
Spanish Interpretations: The public may access Spanish interpretation using the ZOOM link listed on the front of the Agenda from an internet device (smartphone, laptop, tablet, home computer) with audio capabilities and selecting the Spanish language option. Persons without an internet device may attend the meeting in -person and a device will be provided while supplies last. Requests for interpreter services to offer public comment may be made by contacting the City Clerk.
The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting.
Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].
Call to Order / Pledge of Allegiance
Roll Call
Closed Session
Closed Session Report
New Business
Requested Action / Suggested Motions: Pass a Motion providing direction to the City Clerk on edits (if any) to the City Council Protocols.
Responsible Staff Member(s): Susan Blankenship, City Clerk Item 2- Executive Summary.pdf
01-Staff Report-Protocols 2026.pdf
02-City Council Protocols 2026.pdf
03-League Article on Maintaining Control and Decorum.pdf Requested Action / Suggested Motions: Pass a Motion providing direction to staff on: (1) What topics, if any, to update in the City's local ethics policy; (2) Who the policy would apply to; and (3) What process is desired to achieve the update.
Responsible Staff Member(s): Heather Stroud, City Attorney Item 3- Executive Summary.pdf
01-Staff Report - Ethics.pdf
02-Resolution 1992-049 Code of Ethics.pdf
03-Resolution 2010-101 Anti-Nepotism Policy.pdf
2 04-Developing Local Agency Ethics Code Guide.pdf
05-Presentation.pdf
Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday May 26, 2026, City Council Special Meeting was posted and available for review on Friday, May 22, 2026, at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City's website at https://www.cityofslt.us.
Signed May 22, 2026
\\sb\\ Susan Blankenship, Elected City Clerk
3 City of South Lake Tahoe
Agenda Item Executive Summary
Hilary Roverud, Interim City Manager
__________________________________
Meeting Date: May 26, 2026
Agenda Item #:2
Agenda Item: City Council Protocols Update
Executive Summary: At their January 13, 2026, meeting Council approved amendments to the City Council Protocols which reflected the 2026 regular meeting schedule and the addition of a provision allowing remote participation as a reasonable accommodation for a disability. Mayor Bass announced that this item would come back at a future Special Meeting for further discussion and direction on potential additional changes.
Requested Action / Suggested Motions: Pass a Motion providing direction to the City Clerk on edits (if any) to the City Council Protocols.
Responsible Staff Member: Susan Blankenship, City Clerk Reviewed and Approved By: Heather Stroud, City Attorney Attachments:
01-Staff Report-Protocols 2026.pdf
02-City Council Protocols 2026.pdf
03-League Article on Maintaining Control and Decorum.pdf 4 Council Agenda Report March 31, 2026 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: March 31, 2026
Title: City Council Protocols Update
Location: Citywide
Responsible Staff Member: Susan Blankenship, City Clerk Background: At their January 13, 2026, meeting, Council approved amendments to the City Council Protocols which reflected the 2026 regular meeting schedule and the addition of a provision allowing remote participation as a reasonable accommodation for a disability (SB707).No additional changes were requested; however, Mayor Bass stated that this item would come back at a future Special Meeting for further discussion and direction on potential additional changes.
Issue and Discussion: City Council Protocols are updated annually after the regular meeting calendar is adopted. The City Clerk, City Attorney, or City Council may propose additional changes to the Protocols as needed.
Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(5) (organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment).
Financial Implications: There are no costs associated with updating the City Council Protocols.
Policy Implications: The Council’s Protocols are in addition to and in accordance with the Ralph M. Brown Act and Rosenberg's Rules of Order.
5 Updated 01 13 2026 City Council Meeting
PROTOCOLS
for the City of South Lake Tahoe
City Council
South Tahoe Redevelopment Successor Agency (STRSA)
South Tahoe Joint Powers Financing Authority (STJPFA)
South Tahoe Joint Powers Parking Authority (STJPPA)
Parking Authority of the City of South Lake Tahoe (Parking Authority)
I. COUNCIL/STRSA/STJPFA/STJPPA/PA MEETINGS
1. Regular Meetings - Regular meetings of the City Council, South Tahoe Redevelopment Successor Agency, South Tahoe Joint Powers Financing Authority, South Tahoe Joint Powers Parking Authority, and Parking Authority of the City of South Lake Tahoe shall be held, without the necessity for notice on: the second and fourth Tuesday in January, February, March, August, and September; the first and third Tuesday in May, June, November, and December; the third Tuesday in April; and the first Tuesday in October. City Council meetings are held at City Hall, City Council Chambers, 1901 Lisa Maloff Way, South Lake Tahoe. The first meeting of every month will begin at 9 a.m. The second meeting of the month will begin at 5:30 p.m.
If there is only one meeting in a month, it will begin at 5:30 p.m. The Budget Workshop will begin at 9 a.m.
a. Posted Agendas: The City Clerk shall post the agenda for every City Council/STRSA/STJPFA/STJPPA meeting in the inside and outside enclosed bulletin boards at the City Hall, located at 1901 Lisa Maloff Way and on the Services Center bulletin board outside kiosk at the Services Center at located at 1052 Tata Lane.
Agendas are available at no charge from the City Clerk’s Office in City Hall and on the City Clerk’s Web Page at www.cityofslt.us.
b. Location During Local Emergency - If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the City Council Chambers, or if the Council Chambers are being used as the Emergency Operations Center, the meetings may be held for the duration of the emergency at such other place as may be designated by the Mayor or, if the Mayor does not so designate, by the City Manager. The City Clerk will provide public notice of change in meeting location, consistent with the Brown Act.
2. Chair - The Mayor shall preside over all Council meetings. The Mayor shall have authority to preserve order at all Council meetings, to remove any person from any meeting of the Council for disorderly conduct, to enforce the rules of the Council and to determine the order of business under the rules of the Council.
Absence of Mayor - The Mayor Pro Tem shall act as Mayor in the absence or disability of the Mayor.
3. Washoe Tribe Land Acknowledgement – At the beginning of every City Council meeting, a Washoe Tribe Land Acknowledgement statement will be read into the record as follows:
“The City of South Lake Tahoe acknowledges the lands we occupy today are the lands and home of the Wašíšiw, the people from here known today as the Washoe 6 City Council Protocols
2 Tribe of Nevada and California, a sovereign nation. Since the beginning of time and for thousands of years before the arrival of any other people, the Washoe lived here and cared for this place, with values and intention that we can all learn from. On behalf of the City Council, I would like to acknowledge, thank, and honor the Indigenous Washoe Tribal Communities that are the past, present, and future stewards of the Lake Tahoe Basin.”
The full Washoe Tribe Land Acknowledgement will be read during ceremonial events by a member of City Council.
4. Attendance by the Public - All meetings of the Council shall be open and public in accordance with the terms, provisions, and exceptions consistent with the Ralph M.
Brown Act (Government Code sections 54950, et seq.).
5. Action Agenda Items - In accordance with the Ralph M. Brown Act, the Council may not act on any item that did not appear on the posted Council agenda 72 hours prior to the regular Council meeting unless an exception is made as permitted under Government Code section 54954.2.
6. Special Presentations - All special presentation request will be sent to the City Clerk via email and brought forward at the next regularly scheduled meeting under City Manager, City Attorney, City Clerk Reports. Upon support of two Councilmembers, direction shall be given to the City Clerk to calendar the item for a convenient future agenda, but no sooner than the second meeting after the request was made. Special Presentations will be limited to one per meeting, to be held at the beginning of the meeting and shall not exceed 15 minutes for each Council Meeting.
7. Councilmember Reports - The Council Reports section of the agenda provides Council the opportunity to briefly comment on Council business, city operations, city projects, attendance at meeting(s) attended as a City-appointed Representative and other items of interest to the Council. This is also the opportunity for a Councilmember to request a specific issue come back on a future agenda for consideration and possible action as set forth in paragraph 10 below or to request a majority consensus of the Council to direct staff to research, explore, examine or make inquiry into a specific item of interest.
8. Proclamations and Certificates of Appreciation – Under Councilmember Reports, any Councilmember may request the City Manager place a City Council Proclamation or Certificate of Appreciation on a future agenda in accordance with the procedures in Paragraph I (10) of these Protocols (Placement of Item on Future Agenda). When time is of the essence, the Mayor may sign a proclamation on behalf of the City and it will be placed on the next City Council meeting agenda as an informational item by the City Clerk.
City Council Proclamations and Certificates of Appreciation are signed by the Mayor and may be presented at a City Council meeting or delivered directly to a community member/organization.
All Proclamations and Certificates of Appreciation will be prepared by the City Clerk or designee.
7 City Council Protocols
3 9. “Key to the City”– The “Key to the City” honors distinguished persons, honored guests and outstanding civic contributors to the City of South Lake Tahoe. The Mayor shall administer the “Key to the City”. The Mayor, or their designee, shall present the “Key to the City” to the recipient at an appropriate function and report back to City Council at the next regular meeting under Councilmember Reports.
10.Placement of Item on Future Agenda – Under Agenda Planning Calendar or Councilmember Reports, a Councilmember may request that an item be placed on a future agenda. Upon the support of one (1) additional Council Member, direction shall be given to the City Manager to calendar the item for a convenient future agenda, but no sooner than the second meeting after the request was made.
11.Consent Calendar - Agenda items removed from the consent calendar by Councilmembers will be considered at the conclusion of the vote passing the Consent Agenda. Any discussion on an item will require pulling the item from the consent calendar. A Councilmember may comment or ask clarifying questions prior to taking the vote to pass the Consent Agenda. A Councilmember may vote “No” on any consent item without discussion prior to taking the vote to pass the Consent Agenda.
12.City Manager, City Clerk and City Attorney Reports/Updates on Topics of Interest - Each agenda shall have a section for topics of interest to be listed in order for the City Manager, City Clerk and City Attorney to provide a brief report/update on the listed topics. Council may ask questions or hold brief discussion at this time.
13.Adjournment – The Council will establish the hour of adjournment by a majority vote of the Council. Council meetings will end no later than 10 p.m. unless by majority vote of Council present.
14.Teleconferencing - As provided in the Brown Act, teleconferencing (a meeting connected by electronic means, through either audio or video, or both, when the members are in different locations) may be used for all purposes during any meeting. At least a quorum of the legislative body must participate from locations within the local agency’s jurisdiction (i.e. City of South Lake Tahoe limits). All votes must be by roll call. Except when a councilmember is participating remotely under the just cause, or reasonable accommodation for a disability provisions of the Brown Act, the following rules apply. Each teleconference location must be specifically identified in the notice and agenda of the meeting, including a full address and room number, if applicable.
Agendas must be posted at each teleconference location, even if a hotel room or a residence.
Each teleconference location must be accessible to the public and have technology, such as a speakerphone, to enable the public to participate. The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location.
15.Electronic Communications & Devices – City Council members will not utilize electronic mail (email or text messages) to send messages during the Council meeting. Due process requires Council’s full deliberation during Council meetings on items before the Council for consideration.
City Councilmembers will not utilize the internet during Council meetings to receive information on items on the agenda that are not disclosed to the entire City Council and public. Outside of City Council meetings, Councilmembers should not communicate via electronic communication (email/text) with more than one other member of the City Council on any issue regarding City business.
8 City Council Protocols
4 II. RULES OF CONDUCT
1. General Procedure - It is the policy of the Council not to become involved in the entanglements over parliamentary procedure. The Council shall conduct their meetings consistent with Rosenberg’s Rules of Order, as modified in these protocols and are subject to the City Attorney’s ruling on the matter.
2. Addressing Members of the Public and Staff - In addressing the public and members of the City’s staff, Councilmembers will generally refer to persons as Mr., Mrs., or Ms. followed by their surname.
3. Authority of the Chair - The Mayor shall have the authority to prevent the misuse of motions, or the abuse of any privilege, or obstruction of the business of the Council by ruling any such matter out of order. In so ruling, the Mayor shall be courteous and fair and should presume that the moving party is acting in good faith.
4. Mayor to Facilitate Council Meetings - The Council has delegated the responsibility and expanded the role of the Mayor to include the facilitation of Council meetings. In the role as facilitator, the Mayor will assist the Council to focus on their agenda, discussions and deliberations.
5. Council Deliberation & Order of Speakers - The Mayor has been delegated the responsibility to control the debate and the order of speakers.
6. Limit Deliberations to Item at Hand - Councilmembers will limit their comments to the subject matter, item or motion being currently considered by the Council.
7. Length of Council Comments - Councilmembers will govern themselves as to the length of their comments or presentation. As a courtesy, the Mayor will signal by hand to a Councilmember who has been speaking for over five (5) minutes. The intent of the hand signal is a courtesy to let the Councilmember know they have been speaking for approximately five minutes and may want to consider wrapping up their comments. This procedure is not meant to limit debate or to cut comments short, but rather to assist Councilmembers in their efforts to communicate concisely.
8. Obtaining the Floor - Any member of the Council wishing to speak must first indicate to the Mayor their desire to speak by electronically pressing their “call to speak” button. The Councilmember shall then wait for the Mayor to recognize and call upon the Councilmember to obtain the floor. The Mayor must recognize any Councilmember who seeks the floor when appropriately entitled to do so.
9. Motions - Motions may be made by any member of the Council, including the presiding officer, providing that before the presiding officer offers a motion, the opportunity for making a motion should be offered to other members of the Council. Any member of the Council, other than the person offering the motion, may second a motion.
10.Procedure for Motion The following is the general procedure for making motions:
a. After a motion has been properly made and seconded, the Mayor shall open the matter for discussion offering the first opportunity to the moving party and, thereafter, to any Councilmember properly recognized by theMayor.
9 City Council Protocols
5 b. Once the matter has been fully discussed and the Mayor calls for a vote, no further discussion will be allowed, however, Councilmembers may be allowed to explain their vote.
11. Tie Votes - A tie vote results in a lost motion. In such an instance, any member of the Council may offer a motion for further action. If there is no action by an affirmative vote, the result is no action.
If the matter involves an appeal, and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.
12. Abstention – If a Councilmember abstains from voting, except when abstaining due to a conflict of interest, he/she is counted as present for quorum purposes, but, is not deemed to be “voting” for purposes of determining whether there has been a “majority vote of those members present and voting.” If the member abstains due to a conflict of interest, the Councilmember will not be counted toward making a quorum and will not be deemed to be “voting” for purpose of determining whether there has been a “majority vote of those members present and voting.”
13. Motions for Reconsideration
a.Requests for Motions for reconsideration of a matter may be made at the same meeting or by request to the City Manager within 48 hours after the conclusion of the meeting following a Council action and shall be scheduled for the next meeting. b.A proposed motion for reconsideration at the next succeeding meeting must comply with Brown Act noticing requirements.
c.Motions for reconsideration may only be made by a Council member that voted with the majority of the City Council on the action proposed to be reconsidered by the Council.
In the case of a tie vote, the prevailing side or majority of the Council will be deemed to be those Councilmembers who voted in thenegative.
d.Any member of the Council may second a motion for reconsideration.
III. PUBLIC HEARINGS
1. General Procedure - The Council procedure for the conduct of public hearings is generally as follows:
a. The Mayor opens the public hearing.
b. Staff presents its report.
c. Councilmembers may ask questions of staff if they so desire. d. The applicant then has the opportunity to present comments, testimony or arguments. e. Members of the public are provided with the opportunity to present their comments, testimony or argument.
f. The applicant and staff may be given an opportunity for rebuttal or concluding comments g. The public hearing is closed. No further public comment is allowed. h. The Council deliberates on the issue and takes action. i. If the Council raises new issues through deliberation and seeks to take additional public testimony (questions of the public, applicant or appellant), the Public Hearing must be reopened. At the conclusion of the public testimony, the Public Hearing is again closed. j. The Council deliberates and takes action.
k. The City Clerk announces the final decision of the Council. 10 City Council Protocols
6 2. Time for Consideration - Matters noticed to be heard by the Council will commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and will continue until the matter has been completed or until other disposition of the matter has been made.
3. Public Discussion at Hearings - When a matter for public hearing comes before the Council, the Mayor will open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Mayor shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter.
a. Public Member Request to Speak - Any person desiring to speak, or present evidence shall make his/her presence known to the Mayor and upon being recognized by the Mayor, the person may speak or present evidence relevant to the matter being heard. No person may speak without first being recognized by the Mayor.
b. Council Questions of Speakers - Members of the Council who wish to ask questions of the speakers or each other during the public hearing portion may do so but only after first being recognized by the Mayor. Interaction with the speaker shall be limited to a question or questions, rather than an ongoing dialogue. Councilmembers should avoid raising questions as a method to extend the allocated time for a speaker. c. Public Oral Presentation- All Council rules pertaining to oral presentation by members of the public apply during public hearings.
d. Materials for Public Record - All persons interested in the matter being heard by the Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. The City Clerk as part of the Clerk's record of the hearing will retain all such evidence presented, unless otherwise directed.
e. Germane Comments - No person will be permitted during the hearing to speak about matters or present evidence which is not germane to the matter being considered. A determination of relevance shall be made by the Mayor.
4. Communications and Petitions - Written communications and petitions concerning the subject matter of the hearing will be noted at the meeting by the City Clerk as part of the permanent public record. A reading in full shall take place if requested by any member of the Council.
IV. ADDRESSING THE CITY COUNCIL
1. Staff Reports and/or Applicant Presentations - Staff is requested to provide an executive summary of their written staff report. Applicant presentations shall be limited to no more than fifteen (15) minutes. Longer presentations must be approved by the City Manager prior to the Council meeting.
2. Oral Comments by Members of the Public - Oral comments by members of the public at City Council meetings on an item listed on the agenda are as follows:
a. Oral comments may not exceed three (3) minutes, unless otherwise provided. b. When called upon, the person may state their name for the record, and, if speaking for an organization or other group, identify the organization or group represented. c. All remarks should be addressed to the Council as a whole, not to individual members. d. Oral comments on the Consent Agenda may not exceed three (3) minutes per item and not more than six (6) minutes total per speaker.
11 City Council Protocols
7 3. Use of Remote Public Participation for Oral Comments Beginning with remote meetings held during the COVID-19 pandemic, the City has provided the opportunity for remote public comment via the Zoom platform. Since returning to in-person meetings, the City maintained the ability to provide remote public comment via Zoom for the convenience of members of the public, although it is not legally required except for noticed teleconference meetings or at a meeting in which a council member is participating under the “just cause” provisions in Government Code section 54953.8.3. Except under these circumstances where remote public participation is legally required, the Mayor reserves the right to conduct the meeting with in-person public participation only if there is a technology malfunction that precludes the use of remote public participation.
4. Public Communications - This is the public’s chance to speak on any topic not listed on this agenda. In compliance with Government Code Section 54954.3 (Chapter known as the “Brown Act”), Public Communications is that portion of City Council meeting set aside for members of the public to address the City Council on items of any City business other than scheduled agenda items. This portion of the meeting is recorded, televised on Channel 21 and web streamed live and on demand.
a. Timing - Public Communications will be held at the beginning each regular Council meeting, as specified on the City Council agenda as set forth above, in accordance with the Brown Act. The Mayor shall request that comments should be held to four (4) minutes, or less. If the Mayor has knowledge at the beginning of the public comment period that several members of the public are present to comment on a particular issue, he/she may ask for a show of hands of those individuals requesting to comment on the issue. If ten (10) or more individuals are present to speak on the issue, the Mayor may limit their comment time to two (2) minutes, or he/she may ask that a spokesperson be appointed to represent and speak on behalf of those individuals collectively. b. Council Deliberations Prohibited – In compliance with the Brown Act, the Council may not deliberate or vote on any matter raised in Public Comments. The Mayor, however, may request the City Manager to provide additional information on a matter of general interest to the full Council or the public at large. To ensure compliance with the Brown Act, items requiring discussion or action by the Council should be scheduled for a future agenda.
5. Agenda Item Oral Presentations - Any member of the public wishing to address the Council orally on City business matters appearing on the Council agenda may do so when that item is taken up by the Council, or as otherwise specified by the Council or its presiding officer. a. Time Limit - Oral presentations may not exceed three (3) minutes unless otherwise provided. The Mayor, with the concurrence of the City Council, may alter any of the numerated time allocations based on the complexity of the item and the number of persons wishing to speak on the item.
b. Presentations Submitted in Writing - Persons who anticipate oral presentations exceeding three (3) minutes are encouraged to submit comments in writing at the earliest possible time, for distribution to the Council and other interested parties. Comments should be submitted sufficiently in advance of the scheduled meeting date to insure distribution to the Council prior to themeeting.
6. Power Point Presentations – Members of the public may present a Power Point software presentation to the Council utilizing the City’s audio/visual equipment, provided that the public make their request to the City Clerk 72 hours in advance of the meeting in order to coordinate with the Information Systems Division for the use of the equipment. 12 City Council Protocols
8 a. All Power Point presentations must comply with applicable time limits for oral presentations and cumulative time limits. Presentations should be planned with flexibility to adjust to any changes in these time limits.
b. A printed hard copy of the Power Point presentation must be provided to the City Clerk for the public record.
7. Comments in Writing Encouraged - Members of the public may submit, and are encouraged to submit, comments in writing to the City Council in care of the City Clerk at [email protected] relating to any items of City business, whether on the City Council agenda or otherwise. Any such comment that is a public record and is emailed to [email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)] All written communications received prior to or at the meeting will be recorded in the meeting Minutes prepared by the City Clerk and will be retained as part of the permanent administrative record in the City Clerk’s repository available to the public on the City’s website.
8. Repetitious or Dilatory Comments Prohibited
a. A speaker shall not present the same or substantially same items or arguments to the Council repeatedly or be repetitious or dilatory in presenting their oral comments. If a matter has been presented orally before the Council, whether the Council has taken action, or determined to take no action, the same or substantially same matter may not be presented orally by the same person any further.
Nothing in the foregoing precludes submission of comments to the City Council in writing for such action or non-action as the Council, in its discretion, may deem appropriate. b. In order to expedite matters and to avoid repetitious presentations, the designation of a spokesperson is encouraged.
Whenever any group of persons wishes to address the Council on the same subject matter, those persons are encouraged to designate a spokesperson to address the City Council.
With the consent of the City Council, the Mayor may extend the time allocation for a designated spokesperson.
9. Suspending of the Rules - Any of the foregoing rules may be waived by two-thirds (2/3) vote of the Councilmembers present when it is deemed that there is good cause to do so based upon the particular facts and circumstancesinvolved.
10.Non Exclusive Rules - The rules set forth are not exclusive and do not limit the inherent power and general legal authority of the Council, or of its presiding officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City.
V. APPEALS
1. General Procedure - The Council procedure for the conduct of appeals is generally as follows:
a.The Mayor explains the Council is considering the appeal of ___regarding___, and confirms that notice of the appeal hearing has been given to the appellant. 13 City Council Protocols
9 b.Council hears evidence and testimony in the following order:
i. Any opening statement or remarks by the appellant and/or appellant's attorney and evidence or testimony from the appellant (requested time limit - 10 minutes) followed by any questions by Councilmembers or others (including staff) who wish to ask questions (suggested time - 3 minutes per Councilmember). ii. Any evidence or testimony from staff members concerning any issues raised surrounding this matter (time scheduled - 10 minutes), followed by comments by the applicant, if the applicant and appellant are different parties. (requested time limit – 10 minutes), followed by any questions by the appellant and Councilmembers (suggested time - 3 minutes per speaker). iii. Any evidence or testimony from the appellant and/or appellants attorney in rebuttal to or in clarification of any other evidence or testimony presented, and any closing statement or remarks that the appellant wishes to make (requested time limit - 5 minutes).
iv. Public Comment (time limit – 3 minutes per speaker) c. The Mayor shall conduct the appeal in such a manner as to afford due process to the appellant.
d. Following the presentation of testimony, the Council deliberates on the evidence and testimony presented, and votes on whether to grant the appeal, provided they have all the necessary information. If issues are raised during the appeal hearing that cannot be immediately responded to by Staff, the Hearing should be continued to have such information available for the appealprocess.
e. The City Clerk announces the final decision of the Council.
VI. CLOSED SESSION
1. Announcement prior to closed sessions
a. Prior to holding any closed session, the legislative body of the local agency shall disclose, in an open meeting, the item or items to be discussed in the closed session. The disclosure may take the form of a reference to the item or items as they are listed by number or letter on the agenda. In the closed session, the legislative body may consider only those matters covered in its statement. Nothing in this section shall require or authorize a disclosure of information prohibited by state or federal law.
b. After any closed session, the legislative body shall reconvene into open session and shall make any disclosures required by Gov Code section 54957.1 of action taken in the closed session.
c. The announcements required to be made in open session pursuant to this section may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcements.
2. Statement of Reasons for Closed Sessions
a. Prior to adjourning to any closed session, the City Council shall announce in open session the general reason or reasons for the closed session, and must cite and explain the statutory or case authority under which the session is being closed. b. In the case of a closed session item added to the agenda pursuant to Government Code Section 54954.2(b) herein, the statement shall be made in open session concurrent with the findings required pursuant to that section.
14 City Council Protocols
10 c. If a closed session item or session has been adjourned or continued from a prior meeting, the body shall re-state the reasons for closed session before reconvening the closed session.
d. Nothing in this section shall require or authorize a disclosure of information that is confidential under law.
3. Conduct of closed session.
The Council shall consider in closed session only those matters authorized by the Ralph M. Brown Act.
4. Disclosure of closed session discussions and actions. a. In accordance with Government Code Section 54963 and as provided below, a person present at a closed session may not disclose confidential information received. b. In addition to the required disclosures pursuant to Government Code Section 54957.1 and subsection C below, the Council may, by motion and vote in open session, elect to disclose any other information obtained in closed session which a majority of the members of the body deems to be in the public interest. Any disclosure pursuant to this section shall be made through the Mayor or such other person present in the closed session, designated to convey theinformation.
c. Immediately following the closed session, the Council or City Attorney shall publicly report any action taken in closed session and the vote or abstention of every member present thereon, as follows:
i. Real Property Negotiations: Approval of an agreement concerning real estate negotiations pursuant to Government Code section 54956.8 shall be reported as soon as the agreement is final in accordance with Government Code section 54957.1(a)(1). If notwithstanding the final approval there are conditions precedent to the final consummation of the transaction, or if there are multiple contiguous or closely located properties that are being considered for transfer, the report specified in this section need not be made until the conditions have been satisfied or an agreement has been reached with respect to all the properties, or both. ii. Litigation: Direction or approval given to the Council's legal counsel to prosecute, defend, seek or refrain from seeking appellate review or relief, or to otherwise enter as a party, intervenor or amicus curiae in any form of litigation as the result of a consultation under Government Code section 54956.9 shall be reported in open session in accordance with Government Code section 54957.1(a)(2). iii. Settlement: Council approval given to its legal counsel of a settlement of pending litigation, as defined in Government Code section 54956.9, shall be reported in open session after the settlement is final in accordance with Government Code section 54957.1(a)(3).
iv. Personnel Actions: Council action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee shall be reported in open session in accordance with Government Code section 54957.1(a)(5).
v. Labor Negotiations: Council action taken to approve an agreement concluding labor negotiations with represented employees shall be reported in open session in accordance with Government Code section 54957.1(a)(6). 15 City Council Protocols
11 d. Reports required to be made pursuant to this section may be made orally or in writing.
Copies of any contracts, settlement agreements, or other documents related to the items or transactions that were finally approved or adopted in closed session and which contain the information required to be disclosed under this section shall be made available for inspection and copying, upon request, at the time the report is made or after any substantive amendments have been retyped into the document. e. A written summary of the information required to be reported immediately pursuant to this section, or documents containing that information, shall be made available for inspection and copying by the close of business on the next business day following the meeting. f. Action taken in closed session which is not immediately disclosable under this section shall be disclosed and noticed under the procedures set forth in (C) above at such time as disclosure is required.
5. Violations of Disclosure of Confidential Information a. A person may not disclose confidential information that has been acquired by being present in a closed session authorized by Government Code Sections 54956.7, 54956.8, 54956.86, 54956.87, 54956.9, 54957,54957.6,54957.8, or 54957.10 to a person not entitled to receive it, unless the Council authorizes disclosure of that confidential information as set forth above.
b. "Confidential Information" means a communication made in a closed session that is specifically related to the basis for the Council to meet lawfully in closed session under the Ralph M. Brown Act.
c. Disclosure of confidential information in violation of the Brown Act may be addressed by the use of such remedies as are currently available by law, including, but not limited to:
i. City Council may by three affirmative votes censure a member of the Council who is disclosing confidential information. Censure may include other penalties, including but not limited to, the removal of the member of the legislative from committees, prohibiting travel of Council Member on official City business, removal of Council Member picture from any public displays, the prohibition of Council Member speaking at any function on the behalf of the Council. The City Council shall review any censure of a Council Member at the first regular Council Meeting after 30 days from the censure.
ii. Direction to City Attorney to refer a member of the Council who has willfully disclosed confidential information in violation of this section to the District Attorney and/or grand jury.
iii. Direction to City Attorney to file for Injunctive relief against a member of the City Council allegedly disclosing confidential information to prevent further disclosure of confidential information prohibited by this section.
iv. Disciplinary action against the City Manager or City Attorney who has willfully disclosed confidential information in violation of this section. d. Disciplinary action pursuant to section (c) of subdivision (ii) shall require that the employee in question has either received training as to the requirements of this section or otherwise has been given notice of the requirements of this section. e. The Council may not take any action authorized by subdivision (c) against a person, nor shall it be deemed a violation of this section, for doing any of the following:
i. Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an action taken by the Council or the potential illegality of an action that has been the subject of deliberation at a closed session if that action were to be taken by the Council. ii. Expressing an opinion concerning the propriety or legality of actions taken by the 16 City Council Protocols
12 Council in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action.
iii. Disclosing information acquired by being present in a closed session under this chapter that is not confidential information.
f. Nothing herein shall be construed to prohibit disclosures under the whistleblower statutes contained in Section 1102.5 of the Labor Code or Article 4.5 (commencing with Section 53296) of Chapter 2 of the Government Code.
6. Procedures for Censure of a Council Member
Any member of the City Council may request to place on a future agenda, a censure hearing of a Council Member. The request must include specific allegations of conduct in violation of federal, state or City ordinances or policies upon which the proposed censure is based. If at least one (1) additional Council Member supports the request, direction shall be given to City Manager to calendar the item for a future agenda or Council shall appoint an ad hoc committee to investigate the charges.
If a majority of the Council determines an investigation is warranted, Council shall designate an ad hoc committee consisting of two of its members, including the Mayor (unless the Mayor is the subject of the charges in which case the Mayor Pro Tem shall be appointed), to conduct the investigation. The Council may select an independent investigator to assist in conducting the investigation. The independent investigator would be managed by the ad hoc committee to conduct the investigation.
In the course of the investigation, the committee must determine the process by which statements are taken. A witness may choose to provide a signed declaration under penalty of perjury attesting to his or her knowledge of the facts surrounding the allegations. If a witness is unwilling to submit such a declaration, the Council may issue a subpoena to compel the witness' testimony, consistent with its subpoena power granted under the Government Code.
At the conclusion of the investigation, the results shall be presented in writing to the full Council.
Based on the results, any two individual Council members may file a request for censure hearing in accordance with the provisions of this policy.
a. The following guidelines apply to ad hoc committee investigations:
i. The committee may be staffed by administrative and legal staff. ii. If authorized by City Council, the committee may subpoena witnesses and documents.
iii. In making a determination, the committee should determine if taking all the facts and evidence into consideration, there are reasonable grounds to believe or not believe that the conduct, violation, or offense occurred. iv. The committee shall issue a final report and recommendations to the City Council.
The final report shall be made available to the public. b. If a censure hearing is set, it must be set far enough in advance to give the member of Council subject to the charges adequate time to prepare a defense, and that member shall be given the opportunity to make an opening and closing statement and to question his or her accusers. The member subject to the charges may be represented and may have the representative speak or question on his or her behalf.
The Mayor, or Mayor Pro Tem if the Mayor is the subject of the charges, shall preside at the hearing. The rules of evidence shall not apply to the hearing, which is not a formal adversarial proceeding. The City Attorney or designee shall provide legal advice to the City Council during the hearing.
17 City Council Protocols
13 A decision to censure requires the adoption of a Resolution making findings with regard to the specific charges, based on substantial evidence, and approved by the affirmative vote of at least three (3) Council Members
In accordance with Government Code section 995, upon request of a Council Member, the City shall reimburse the Council Member’s reasonable attorney fees and costs in defending himself/herself.
VII. POLICY DECISION MAKING PROCESSES
1. Mayor and Mayor Pro Tem Term of Office - The Mayor and Mayor Pro-Tem shall serve a (1) one-year term of office. Pursuant to City Code section 2.05.050(A) The city council shall, at its first meeting, select a mayor and mayor pro tempore.
2. Subcommittees - City Council subcommittees are formed on an as needed basis with a clearly defined purpose and term. Subcommittees will consist of two Councilmembers agreed upon by a consensus of the Council. Meetings of the Council subcommittees are not open to the public, unless specified by the Council.
3. Councilmember Appointments & Assignments - The City Council at their December meeting of each year shall discuss and make appointments and assignments to various boards and commissions and then will vote and approve the final list. A copy of the list is made a part of the public record and kept on file in the City Clerk’s Office.
3. Mayor to Act as Council Ceremonial Representative - The Mayor has been delegated the responsibility to act as the City Council’s ceremonial representative at public events and functions.
In the Mayor’s absence, the Mayor Pro Tem assumes this responsibility. In both the Mayor and Mayor Pro Tem's absence, the Mayor will appoint another Councilmember to assume this responsibility. The Mayor may use the Council’s Meetings and Travel Budget to pay for such functions.
4. Councilmember Participation in Community Activities - From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. This is allowable under the Brown Act. The Brown Act permits a majority of a legislative body to attend and speak at an open and publicized meeting conducted by another organization. The Brown Act may nevertheless be violated if the majority engages in a collective deliberation process outside a scheduled meeting of the body. The term meeting is not limited to gatherings at which action is taken but also includes deliberative gatherings.
5. Workshops – A workshop is a time to study or examine a particular issue in greater depth and to allow additional time for questions. A workshop may be held during a regular or special meeting and generally no formal action will be taken on workshop items or during a workshop. Questions raised during workshops by Councilmembers and/or members of the public will be directed to staff.
Staff may request a brief recess in order to provide verbal answers not readily available, or, the information may be provided to the Council at the time the item is placed back on the agenda for further discussion and action.
6. City Attorney as Protocol Advisor – The City Attorney assists the Mayor as a resource to confer with and an advisor for interpreting the City Council’s adopted protocols. 18 City Council Protocols
14 7. Applicability of Protocols - The City of South Lake Tahoe City Council Protocols shall also apply to the City Council when sitting as other entities or agencies.
8. Conflicts of Interest – No Councilmember shall make, participate in making, or in any way attempt to use his or her official position to influence a decision on any issue when prohibited from so doing by law. A Councilmember disqualified from participation due to a conflict of interest shall not be considered present at the meeting for the item(s) of business on which such member isdisqualified.
9. Levine Act Disclosures and Recusals – California Government Code section 84308, commonly referred to as the “Levine Act,” prohibits any Councilmember from participating in any action related to a proceeding concerning a license, permit, entitlement, franchise, or certain types of contracts if they have received any political contribution totaling more than $250 (increased to $500 as of Jan. 1, 2025) within the previous twelve months from the person or company that is the subject of the proceeding. The Levine Act also requires the Councilmember who has received such a contribution to disclose the contribution on the record of the proceeding when recusing from the item. A Councilmember disqualified from participation due to a political contribution under the Levine Act shall not be considered present at the meeting for the item(s) of business on which such member is disqualified.
References: Ralph M. Brown Act
Rosenberg’s Rules of Order
Levine Act
VIII. CITY COUNCIL TRAVEL
The City’s adopted Financial Travel Policies, provide policies for travel and reimbursements for City employees and Elected City Officials. Elected City Officials attending “off-site” business meetings or events at the expense of the City are subject to the requirements in California Government Code Article 2.3 section 53232.2 and section 53232.3, including”
1. If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then the governing body shall adopt a written policy, in a public meeting, specifying the types of occurrences that qualify a member of the legislative body to receive reimbursement of expenses relating to travel, meals, lodging, and other actual and necessary expenses.
2. If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then a local agency shall provide expense report forms to be filed by the members of the legislative body for reimbursement for actual and necessary expenses incurred on behalf of the local agency in the performance of official duties. Reimbursable expenses shall include, but not be limited to, meals, lodging, and travel.
3. Expense reports shall document that expenses meet the existing policy, adopted pursuant to Section 53232.2, for expenditure of public resources.
4. Members of a legislative body shall submit expense reports within a reasonable time after incurring the expense, as determined by the legislative body, and the reports shall be accompanied by the receipts documenting each expense.
19 City Council Protocols
15 5. Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.
The following additional guidelines are recommended for City Council considerations and/or included in the City’s Travel Policies:
a. Approving Official: The Mayor shall be the City Manager’s Approving Official for Travel. Finance Director is the authorized signor for the City Manager’s Reimbursement Requests. The City Manager shall be the Approving Official for City Councilmember Travel and Reimbursement Requests.
b. General Travel on Behalf of the City: Councilmembers traveling on behalf of the City expecting reimbursement of expenses must first obtain approval verification of the travel by the City Manager and coordinate their travel through the City Clerk’s Office who will generally charge all expenses to the City (rather than reimburse Councilmembers). As noted in the policy any unused reservation will be paid for by the Councilmember.
c. Councilmembers appointed by the City Council to serve on a committee or board on behalf of the City or as a representative of the City: Councilmembers shall be entitled to reimbursement for mileage and meals for meetings outside of Lake Tahoe Basin in accordance with the adopted Travel Policy. Councilmembers may request reimbursement for one overnight stay for a meeting requiring an overnight stay.
d. Councilmembers serving on a committee or board of their own choosing: Councilmembers may request reimbursement for travel expenses from the City Council. e. Conferences/Professional Events: Councilmembers who wish to attend a conference or professional event related to their work as a public official shall request approval verification of their travel in advance by the City Manager. The City Clerk shall process and submit for approval to the City Manager all travel advance or travel reimbursement requests forms. f. Miscellaneous expenses: Councilmembers may request reimbursement from the City Council for miscellaneous expenses related to their work as a City Councilmember that could include, but are not limited to, representing the City’s interests at organized activities, events, meetings and formal and informal gatherings.
g. Travel Budget: The City Council total travel and training budget will be conditionally equally divided between five council members. Councilmembers wishing to use additional budget must first obtain approval by the City Council.
h. Standard of Prudence: City Officials are responsible for exercising good judgment in requesting, arranging, and reimbursing a business trip. Accordingly, the basic standard that should prevail is to provide prudent stewardship of public funds and the City’s resources. 20 21
22 23
24 25
26 27
City of South Lake Tahoe
Agenda Item Executive Summary
Hilary Roverud, Interim City Manager
__________________________________
Meeting Date: May 26, 2026
Agenda Item #:3
Agenda Item: Local Ethics Policy Update
Executive Summary: On March 25, 2025, Councilmember Robbins (seconded by Councilmember Jinkens) requested that an item be placed on a future agenda to consider updating the City's local ethics policy. Under the California Political Reform Act, public officials are required to comply with statemandated disclosure and conflict-of-interest provisions, which are found in California Government Code sections 81000-91014, and the implementing regulations in Title 2 of the California Code of Regulations, sections 18104-18998. These laws are administered by the Fair Political Practices Commission (FPPC).
Local agencies may adopt local ethics policies that are more stringent than state law. City Council will discuss potential updates to the City's local ethics code in Resolution No. 1992-49.
Requested Action / Suggested Motions: Pass a Motion providing direction to staff on: (1) What topics, if any, to update in the City's local ethics policy; (2) Who the policy would apply to; and (3) What process is desired to achieve the update.
Responsible Staff Member: Heather Stroud, City Attorney Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Attachments:
01-Staff Report - Ethics.pdf
02-Resolution 1992-049 Code of Ethics.pdf
03-Resolution 2010-101 Anti-Nepotism Policy.pdf
04-Developing Local Agency Ethics Code Guide.pdf
05-Presentation.pdf
28 Council Agenda Report- May 26, 2026 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: May 26, 2026
Title: Local Ethics Policy Update
Location: Citywide
Responsible Staff Member: Heather Stroud, City Attorney (530) 542-6046 Background: On March 25, 2025, Councilmember Robbins (seconded by Councilmember Jinkens) requested that an item be placed on a future agenda to consider updating the City’s local ethics policy. Under the California Political Reform Act, public officials are required to comply with state-mandated disclosure and conflict-of-interest provisions, which are found in California Government Code sections 81000-91014, and the implementing regulations in Title 2 of the California Code of Regulations, sections 18104-18998. These laws are administered by the Fair Political Practices Commission (FPPC). Local agencies may adopt local ethics policies that are more stringent than state law.
On June 2, 1992, the City Council adopted Resolution No. 1992-49, establishing a local code of ethics. The 1992 resolution is generally consistent with the Political Reform Act, but deviates in several areas. For example, on gift limitations, state law limits gifts from any one source within one year at $630, with exceptions including gifts from family and personal friends unrelated to the official’s service. 2 Cal. Code Regs. §18942(a)(19). The 1992 resolution limits officials from accepting gifts collectively exceeding $1,000 within one year, with no exceptions listed except where the official is acting as the “authorized representative or delegate of the City at a function to which an official invitation was extended.” There are also provisions regarding use of city equipment that go beyond state law, but that may need to be updated. The revolving door provisions also differ from state law, which prohibits a former official from appearing before the City for compensation on certain matters within one year after leaving office. Gov’t Code § 87406.3. The 1992 resolution does not distinguish on the basis of whether the official is compensated, but has a shorter prohibition of six months.
The 1992 resolution also includes a local mechanism for City Council to investigate and enforce violations of appointed officials. The provisions are guidelines only as to city councilmembers and non-appointed city employees.
There are several other subsequently adopted city policies that include ethics-related requirements. For example, in 2010, City Council adopted an anti-nepotism policy (Resolution No. 2010-101), which prohibits City Council from appointing officials which are related to a councilmember. On April 22, 2025, the City Council adopted Resolution No. 2025-026 approving revisions to the Personnel Rules. The Personnel Rules include Rule X (Anti-Nepotism), which addresses how to manage employees who are related, including employees that may be related 29 Council Agenda Report- May 26, 2026 Page 2 of 2
to councilmembers. On August 12, 2025, City Council adopted revisions to the Financial Policy regarding procurement and fraud, waste, and abuse that also relate to ethics requirements, including prohibiting any employee or official from accepting a gift of any value from anyone doing or seeking to do business in South Lake Tahoe.
Issue and Discussion: Ideally, a local ethics code reflects the agency’s shared values in public service, leadership, and decision-making, and gives the public confidence about the agency’s values and priorities. As stated in Developing a Local Agency Ethics Code: A ProcessOriented Guide (ILG, 2003): “An agency usually has three goals for adopting an ethics code: (1) Encouraging high standards of behavior by public officials; (2) Increasing public confidence in the institutions that serve the public; and (3) Assisting public officials with decision-making.” Here are some examples of cities that have adopted local ethics codes:
Santa Ana (2008). Santa Ana’s code applies to the city council and all members of boards, commissions, and committees appointed by the city council. It sets forth the core values of integrity and honesty, responsibility for protecting the public’s interests, fairness and accountability, respect for fellow officials, staff and the public, and proper and efficient use of public resources. It also includes provisions for implementation and enforcement. Santa Clara (2000-2001). Santa Clara’s code applies to elected and appointed officials as well as employees and volunteers. It address the values of ethics, professionalism, public service, fiscal responsibility, efficiency / organization, communication, collaboration, and innovation.
Carlsbad (2022). Carlsbad’s code applies to city councilmembers. It requires that councilmembers model civility, invite and respect public input, recognize that elected officials and city staff are on the same team in service to the community, promote clear communication, work collaboratively, consider the larger picture in decision-making and actions, be accountable for actions and words, don’t misuse city-issued letterhead, display empathy for colleagues, staff, and the public, embrace diversity, promote fair and consistent processes, are truthful with their colleagues and the public, act consistently with words, and comply with the letter and spirit of laws.
Watsonville (2013). Watsonville’s code applies to the city council and its appointed boards and commissions. It includes the values of responsibility, fairness, respect, and honesty.
Recognizing that today’s meeting is introductory, staff seeks direction from Council on the following issues: (1) On what topics, if any, does the City want to update its local ethics policy? (2) Who would the policy apply to? (3) What process is desired to achieve this update? For example, City Council may decide to establish an ad hoc subcommittee to develop a recommendation to bring to the full City Council, or could request that a follow-up item be placed on a future regular or special meeting of the full Council to continue this discussion and invite public input.
Financial Implications: There are no fiscal implications for receiving this report.
Environmental Considerations: This action is not a “project” subject to review under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15378(b)(5) (organizational or administrative activities of the government that will not result in direct or indirect physical changes in the environment).
Policy Implications: Updating the City’s local ethics policy could result in more efficient government and improved public trust.
30 f
CITY OF SOUTH LAKE TF
RESOLUTION NO. 1992 - 49`
A RESOLUTION OF THE CITY OF SOUTH LAKE TAHOE
SETTING FORTH A CODE OF ETHICS
RELATING TO ADMINISTRATION
WHEREAS, the City Council of the City of South Lake Tahoe wishes to provide guidance to elected and appointed City officials and to City employees in their conduct while discharging their public responsibilities;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SOUTH LAKE TAHOE that:
The _Council of the City of South Lake Tahoe hereby adopts. the Code of Ethics set forth below:
CODE OF ETHICS
These provisions shall be guidelines as to the City Council members, the City Clerk and City Treasurer. These provisions shall be binding as to all appointed City Commissioners, the City Manager and the City Attorney and shall be in addition to any other penalties or remedies provided by law. Any violation of the provisions of this chapter shall constitute a cause for suspension, removal from office or employment or other disciplinary action after notice and hearing conducted by the appropriate appointed authority.
In the event of allegation of a violation of this ordinance as to any appointed commissioner, a hearing panel consisting of the Mayor, the City Manager and the City Attorney shall convene within 30 days of the filing of the allegation to determine if substantial evidence exists concerning' the alleged violation and if so, the matter shall be forwarded to the City Council within 30 days of any such determination for appropriate action at a regular or special meeting. _
1 31
I
In the event of allegation . of a violation concerning the City Manager or City Attorney, a Council subcommittee shall be appointed by the Mayor to hear any such allegations ' within 30 days of the filing of the allegation and determine if substantial evidence exists to support the allegation. If so, it shall be forwarded within 30 days of any such determination to the full City Council for appropriate action.
With regard to all other City employees, these provisions shall constitute guidelines to be utilized by the appointing authority for purposes of performance evaluation under the applicable City personnel rules and policies.
Persons in the public service shall not engage in nor shall they have any interest, direct or indirect, in any business or transaction, nor incur. any obligation which is in substantial conflict with the proper discharge of their official duties in the public interest or which impairs their independence of judgement in the discharge of such duties. If, however, persons in the public service have financial interests in matters coming before them, or before the department in which they are employed, they shall disqualify themselves from any participation therein.
Persons in the public service shall not only be ever conscious that public service is a public trust but also shall be impartial and devoted to the best interests of the City, and shall so act and conduct themselves, both inside and outside the City' s service, as not to give occasion for distrust of their impartiality or of their devotion to the City' s best interests. Each person taking the oath of office to enter City service' shall be held accountable to the terms of this Code of Ethics.
A) Persons in the public service shall not accept money or other consideration or favors from anyone other than the City, for the performance of an act which they would be required or expected to perform in the regular course of their duties.
B) Persons in . the public service shall not accept any gifts, gratuities or favors of any kind which might reasonably be interpreted as an attempt to influence their action or actions with respect to city business, or as a reward for performance of a service rendered in the course of their official duties.
No person in the public service shall accept favors or gratuities which, as a general guideline, collectively exceed $ 1, 000 in any one(( 2 32
f
year from any person or entity or any combination of person or entities. Any such favors or gratuities phall be disclosed in accordance with the applicable provisions of the Fair Political Practices Act and its regulations.
Excluded from the $ 1, 000 amount are favors or gratuities when received as the authorized representative or delegate of the City at a function to which an official invitation was extended.
This section also excludes campaign contributions properly disclosed under the Fair Political Practices Act and its regulationsPersons in the.- public service shall not disclose confidential information acquired by or available to them in the course of their employment with the' City, or use such information for speculation or personal gain.
Persons in the public service shall not use, for private gain or advantage, their city time or the City' s facilities, equipment or supplies, nor shall they use or attempt to use their position to secure unwarranted privileges or exemptions for themselves or others.
The following rules govern the personal use by employees of City owned equipment, other than motor vehicles.
1. No City equipment will be used by an employee in his or her private business.
2. No City equipment will be removed from the City premises where it•is normally kept, for an employee' s personal use unless such equipment is available to the general public.
3. With permission of their supervisor, employees may
use City equipment occasionally for personal tasks, as. long as these tasks are performed on the employee' s own time and the equipment is not removed from the premises where it is normally kept.
4. Employees will be responsible for any damage to City equipment occurring during their personal use thereof.
5. Employees will reimburse the City for any supplies
consumed in their personal use of City equipment. _
6. The City' s letterhead will not be used for personal 3 33
correspondence or in personal business correspondence.
7. Individual departments may establish stricter rules
governing the use of specific types of equipment.
Persons in the public service shall not exercise any
discretionary powers for, or make any recommendations on behalf of or to the City or any department or officer thereof with respect to any contract or sale to which the City or any department thereof is a party and in which such persons shall knowingly be directly or indirectly financially interested.
Persons in the public service shall not engage in outside employment or business activity which involves such hours of work or physical effort that it would or could be reasonably expected to substantially reduce the quality or quantity of work or interfere with such persons' giving a full day' s labor for a full day' s pay.
Outside Employment Incompatible with Official Duties
Persons in the public service shall not engage in any outside' s employment which involves the performance by them of any work which will come before them as officers or employees of the City, or under their supervision, for approval or inspection; provided that nothing. in this paragraph shall be taken to limit in any manner the outside employment of such persons ._where the interests of the City are protected under the applicable provisions of the City personnel rules.
Persons in the public service shall not make personal
investments in enterprises which they have reason to believe may be involved in decisions or recommendations to be made by them, or under their supervision, or' which will otherwise create a substantial conflict between their private interests and the public interest.
If, however, persons in the public service have financial interests in matters coming before them, or before the department " in which they are employed, they shall disqualify themselves from any participation therein.
Persons in the public service shall not negotiate for future, employment outside the city service with any person, firm or`( , 34 organization known by such persons to be dealing with the City concerning matters within such persons' areas of responsibility or upon which they must act or make a recommendation.
Persons in the public service shall perform their duties earnestly, economically and efficiently.
egg
0 • • • • • • - • - U i
Persons in the public service shall not engage in any improper governmental activity - or in any actions or practices which would interfere with the proper performance.. of the duties of others.
Persons in the City service are strongly encouraged to fulfill their own moral obligations to the City by disclosing to the extent not expressly prohibited by law, improper' governmental - activities within their knowledge. No officer or employee of the City shall directly or indirectly use or attempt to use the authority or influence of. such officer or employee for the purpose of intimidating, threatening, coercing, commanding, or influencing any person with the intent of interfering with that person' s duty to disclose such improper activity.
Loyalty
Persons in the public service shall uphold the Constitutions of the United States and California, and duly enacted laws of the United States, the State of California, the City of South Lake Tahoe.
Persons in the public service shall not, in the performance of their service responsibilities, discriminate against any person- on the basis of race, religion, color, creed, age marital status, national origin, ancestry, sex, or handicap and they shall cooperate in achieving the equal employment opportunity and affirmative action goals and objectives of the City.
It shall be improper for any former officer or employee to appear as a compensated representative at any time before the Council, or any of its agencies in which they were formerly employed, in connection with any case or other matter in which such former officer or employee was duly connected in a policy- making capacity or managerial capacity while an officer or employee of the City for six 6) months following the termination of the officer or employee. 5 35
t
I
Such officer or employee may be released from the obligation imposed by the provisions of this section upon the submission of a written'- request to the Council in advance of his /her proposed appearance and` a certification that, while an officer or employee of the City, took no action or obtained no information which would prejudice his /her conduct or presentation, either at the time he / she was an officer or employee, or at the time of the presentation.
PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a
regular meeting held on
June 2 , 1992, by the following vote:
AYES: Councilmembers KLEIN, COLE, WOODS & OSTI
NOES: Councilmen
ABSENT: Councilmen
ATTEST:
City Clerk
City Seal)
0 j
m
19 65
titi
1F0
0 36
37 38
DEVELOPING A LOCAL AGENCY
ETHICS CODE:
A PROCESS-ORIENTED GUIDE
39 WASTE MANAGEMENT FOCUSES ON INTEGRITY
The Institute for Local Self Government is profoundly
grateful to the Waste Management Charitable Foundation for providing funding for Developing a Local Agency Ethics Code:
A Process-Oriented Guide. The partnership is especially meaningful given Waste Management’s process-oriented
commitment to its own code of ethics and values. Waste
Management is California’s largest solid waste company, providing collection, recycling, transfer and landfill
services to residential, commercial and industrial
customers in over 260 communities.
Waste Management’s code outlines the company’s
core values of honesty, respect, responsibility, citizenship, environmental stewardship and excellence while
emphasizing the need for fair and honest business dealings in all aspects of the company’s business. The company
regularly communicates these values to its employees
through its “Focus on Integrity” program.
Implementation strategies include:
• Assuring each employee has copies of the code (also available online at http://www.wm.com/NewWM/about/Code_of_Ethics.pdf);
• Training programs;
• Workplace posters, wallet cards and magnets with the company’s ethics hotline number; and
• Regular features in the company’s employee newsletter and other employee communications relating to ethics issues.
Waste Management has a Business Ethics and Compliance Department that takes the lead on these activities; the department also investigates and resolves ethical lapses. The company’s Vice President of Business Ethics and Compliance briefed the Institute’s Ethics Advisory Panel on the company’s practices. Waste Management’s provision of both funding and expertise materially assisted the Institute in making this guide available to local officials. 40 All final decisions about the content and formatting of this report were made by the Institute for Local Self Government.
DEVELOPING A LOCAL AGENCY
ETHICS CODE:
A PROCESS-ORIENTED GUIDE
Prepared by JoAnne Speers
Special Thanks to the Following Individuals Whose Time
and Effort Contributed to this Publication:
Jennifer Sparacino
City Manager, Santa Clara
Steve Dorsey
City Attorney, Norwalk,
San Marino and Buena Park
Richards, Watson and Gershon
Yvonne Hunter
Legislative Representative,
League of California Cities
Production Assistance:
Charles Summerell
41 DEVELOPING A LOCAL AGENCY ETHICS CODE:
A PROCESS-ORIENTED GUIDE
© 2003 by the INSTITUTE for LOCAL SELF GOVERNMENT
1400 K Street, Suite 400
Sacramento, CA 95814
(916) 658-8208
www.ilsg.org
To order additional copies of this publication, please contact CityBooks at (916) 658-8257 or use the order form included at the end of this publication. 42 JoAnne Speers Jerry Patterson
Executive Director President, Board of Directors
November 2003
Dear Reader:
Was there something we missed? Or was a piece of information provided in this publication the “difference maker” on a project? Either way, we want to know. The Institute strives to produce meaningful and helpful publications that can assist local officials in carrying out their duties. Your input and feedback, therefore, is vital! Comments from readers help us understand what you need and expect from Institute publications.
We have provided a feedback form on the back of this page and would greatly appreciate it if you could take a moment to provide some constructive comments.
BOARD OF DIRECTORS
PRESIDENT
Jerry Patterson
Member, Board of Trustees
Coast Community College District
VICE PRESIDENT
Rosemary Corbin
Former Mayor, City of Richmond
SECRETARY
Harriet Miller
Former Mayor, Santa Barbara
EXECUTIVE DIRECTOR
JoAnne Speers
BOARD MEMBERS
Don Benninghoven
Former Executive Director
Cities, Counties and Schools
Partnership
Hal Conklin
Director of Public Affairs
Southern California Edison
Company
Pablo Espinoza
Reporter and Anchor, Univision
Henry Gardner
Former City Manager,
City of Oakland
Mark S. Gaughan
Director of Public Affairs
Sempra Energy Utilities
Dan Harrison
Director, Internal Administration
League of California Cities
Patricia Jones
Assistant Executive Director
Association of Bay Area
Governments
William Lee
Executive Vice President
Economics Research Associates
Chris McKenzie
Executive Director
League of California Cities
Art Takahara
President,
DeAnza Manufacturing Services
Former Mayor, City of
Mountain View
Daniel K. Whitehurst
President, Farewell
Former Mayor, City of Fresno
League Board
Liaison Members
Ruth Vreeland
Mayor Pro Tem, City of Monterey
Lee Ann Garcia
Mayor, City of Grand Terrace
BOARD MEMBER EMERITUS
Gordon Paul Smith
Former Director of State Finance
State of California
43 Name: ___________________________________________________________________________________ (optional) Title: ___________________________________________________________________________________ (helpful) Contact Info: Address: _____________________________________________________ (optional) City: __________________________________ State: ____ Zip: _____________ We are interested in hearing your comments. We would like to know how you used this publication, what you liked about it, and how you believe it could be improved. This is your chance to shape future Institute publications. Thank you in advance for your time in filling out this form. You may copy this page and either mail or fax it to:
Institute for Local Self Government
Attn: Ethics Code Guide
1400 K Street, Suite 400
Sacramento, CA 95814
Fax: (916) 444-7535
Or comment by e-mail to [email protected].
Please put “Ethics Code Guide” in the subject line.
FEEDBACK FORM
Comments/Suggestions?
Instructions: To what degree did you find
this guide useful? (please mark boxes that apply)
Strongly
Agree Agree Neutral Disagree StronglyDisagree
Do you think the process for adopting or updating
an ethics code in this guide will be helpful for
your agency?
Is your agency likely to use the ideas in this guide
for adopting or updating an ethics code?
Did this guide provide meaningful options for
addressing ethics challenges facing your agency?
Do you think an ethics code will enhance public
confidence in your agency?
44 i
CONTENTS
I NSTITUTE for L OCAL S ELF G OVERNMENT
FORWARD ............................................................................................................................ 1 CHAPTER 1: WHAT IS AN ETHICS CODE? .................................................................. 3 CORE CONCEPT .......................................................................................................................... 3 ETHICS CODE GOALS .................................................................................................................. 3 VALUES-BASED VERSUS RULE-BASED CODES ............................................................................... 4 FURTHER LIMITS ON RULE-BASED CODES ..................................................................................... 5 ETHICS LAWS IN CALIFORNIA .............................................................................................. 6 DO ETHICS LAWS WORK? .................................................................................................. 7 CHAPTER 2: MOTIVATIONS, OPPORTUNITIES AND RISKS ................................... 9 MOTIVATIONS: THE GOOD, BAD AND UGLY .................................................................................. 9 OPPORTUNITIES ......................................................................................................................... 11 RISKS ...................................................................................................................................... 11 CHAPTER 3: KEY DECISIONS IN THE CODE ADOPTION PROCESS .................. 13 TO WHOM SHOULD THE CODE APPLY? ...................................................................................... 13 WHO SHOULD BE INVOLVED IN THE CODE ADOPTION PROCESS? ................................................... 14 WHAT TOPICS SHOULD BE INCLUDED? ....................................................................................... 16 WHAT ABOUT ACCOUNTABILITY? ............................................................................................... 17 SELF ENFORCEMENT ......................................................................................................... 17 THE POWER OF DISCUSSION AND PERSUASION ..................................................................... 18 REPROVAL OR CENSURE .................................................................................................... 20 SUGGESTED ITERATIVE PROCESS FOR ADOPTING AN ETHICS CODE ................................................. 22 A NOTE ABOUT THE IMPORTANCE OF IMPLEMENTATION STRATEGIES ............................................... 26 CHAPTER 4: ETHICS CODE MENU ............................................................................. 27 WHOSE VALUES? ..................................................................................................................... 27 VALUES SELECTION PROCESS ..................................................................................................... 28 ETHICS CODE MENU/WORKSHEET ............................................................................................. 30 PREAMBLES ............................................................................................................................. 41 45 CHAPTER 5: IMPLEMENTATION ISSUES .................................................................. 43 MAKING THE CODE REAL: IMPLEMENTATION STRATEGIES ............................................................. 43 “SELF FIRST”........................................................................................................................... 45 CREATING A CULTURE OF RECOGNITION ...................................................................................... 47 RECRUIT WITH ETHICS IN MIND ................................................................................................. 50 TRAINING ................................................................................................................................ 50 THE IMPORTANCE OF AN ANNUAL REVIEW .................................................................................. 51 PROMOTING THE CODE WITHIN THE COMMUNITY.......................................................................... 52 A SPECIAL NOTE ABOUT ETHICS CODES AND CAMPAIGNS ............................................................ 52 CHAPTER 6: CONCLUSION ........................................................................................... 55 RESOURCES OF INTEREST........................................................................................... 57 WEBSITES ................................................................................................................................ 57 PUBLICATIONS .......................................................................................................................... 58 CONTENTS, CONT.
I NSTITUTE for L OCAL S ELF G OVERNMENT ii
46 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 1
FORWARD
“All that is necessary for evil to triumph is for good
[people] to do nothing.”
– Edmund Burke, 18th-century English political philosopher “Optimism is the father that leads to achievement.”
– Helen Keller,
20th-century American social activist, public speaker and author Polls suggest that, fairly or unfairly, the public has serious reservations about the ethics of public officials.1 How can local officials demonstrate that they (and their agency) are different from this perception? The first step, of course, is to be different. The process of adopting and implementing a values-based ethics code can help. Here is how:
• Public Discussion. It helps by involving your agency in an open discussion on which ethical values are most important for your agency.
• Commitment. The code that evolves from these discussions will represent the agency officials’ commitment to conform their conduct to the code.
• Implementation and More Discussion. The implementation process, in which the code is disseminated, referred to and discussed is an opportunity to further reflect on ethical values. It is also an opportunity to incorporate those values in one’s everyday activities. • Review and Update. The annual review process is an opportunity to refine the code and ensure that it continues to reflect the sensibilities of the agency’s officials and the community they serve. 1 See generally Berman, Evan M., “Public Cynicism: Manifestations and Responses,” in The Ethics Edge, International City/County Management Association: 1998, at 206-215. 47 2 F ORWARD
Make no mistake about it: achieving these benefits requires a commitment of both time and energy by the agency. The task is not simply to adopt a code. The task is to build an organizational culture – from the top down – that demonstrates ethics are important. Building an organizational culture is an arduous task.
But the journey of a thousand miles, as Lao Tzu observed, begins with a single step. The other necessary ingredient, of course, is a commitment to keep taking those steps. And the process of building, maintaining and/or restoring public trust in your agency is a very worthwhile journey to undertake. Public trust and confidence is vital to your agency’s ability to grapple with the difficult issues within the agency’s jurisdiction, be they budgetary issues or issues of policy on which there is good faith but profound disagreement.
The Institute for Local Self Government hopes this guide provides assistance for this journey.
48 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 3 “The ultimate answer to ethical problems in government is honest people in a good ethical environment. No web of
statute or regulation, however intricately conceived, can hope to deal with the myriad possible challenges to a
[person]’s integrity or his devotion to the public interest.” John F. Kennedy, Message to Congress on April 27, 1961
CORE CONCEPT
An ethics code is a framework for day-to-day actions and decision-making by officeholders and, depending on how the code is written, an entire agency. The fundamental premise of an ethics code is that it is easier for people to do the right thing when they know what it is.2
ETHICS CODE GOALS
An agency usually has three goals for adopting an ethics code:
1. Encouraging high standards of behavior by public officials;
2. Increasing public confidence in the institutions that serve the public; and
3. Assisting public officials with decision-making.3
As will be repeatedly emphasized throughout this guide, achieving these goals requires a well-conceived process for both adopting and implementing the code.
CHAPTER 1: WHAT IS AN
ETHICS CODE?
2 Lewis, Carol W., The Ethics Challenge in Public Service: A Problem Solving Guide, Jossey-Bass Publishers: 1991, at 139.
3 Zimmerman, J.S., “Ethics in Local Government,” Management Information Service Report 8, International City/County Management Association, August 1976.
Core Concept ................................. 3
Ethics Code Goals ......................... 3
Values-Based Versus
Rule-Based Codes ......................... 4
Further Limits on
Rule-Based Codes ......................... 5
IN THIS CHAPTER
49 4 C HAPTER 1
VALUES-BASED VERSUS RULE-BASED CODES
There are two types of ethics codes. One emphasizes rules (“don’ts”).
Such codes often parallel, if not duplicate, state laws relating to ethics. As will be discussed in more detail in the next section, California local officials are already subject to a complex set of ethics laws.
The other kind of code emphasizes values and the kinds of behaviors that demonstrate those values. Such codes represent more a list of “do’s” rather than “don’ts.”4
They are a commitment to uphold a standard of integrity and competence beyond that required by law.5
An ethics code thus creates a set of aspirations for behavior, based on values associated with public service held by public servants and the communities they serve. The process of adopting and reviewing an agency’s ethics code enables agency officials to clarify these values and link them with standards of conduct.
Ethics codes therefore complement ethics laws by going beyond the minimum ethical requirements established by ethics laws to define how public officials act when they are at their best.
6 A values-based ethics code
is a complement to ethics laws. An ethics code identifies those areas in which agency officials set their sights higher than the bare minimum requirements of the law.
The values-based approach reflects the general distinction between the law and ethics. Fundamentally, “ethics” is obedience to the unenforceable.7
Laws, of course, are enforceable – typically by those other than local agency officials. Obedience to the unenforceable requires selfregulation in light of ethical values.8 4 Lewis, The Ethics Challenge in Public Service, at 143. 5 Kazman, Jane G. and Bonczek, Stephen J., Ethics in Action: Leader’s Guide, International City/ County Management Association, 1999, at 97.
6 The concept of ethics codes defining how local officials behave when they are “at their best” is a theme that runs throughout the City of Santa Clara’s ground-breaking code of ethics and values. The city developed the code with the help of Dr. Thomas Shanks of the Markkula Center for Applied Ethics at the University of Santa Clara.
7 Early twentieth century English jurist John Fletcher Moulton, quoted in Kidder, Rushworth M., How Good People Make Tough Choices, Simon & Schuster: 1995 at 66. 8 Brousseau, Patricia L. “Ethical Dilemmas: Right versus Right,” in The Ethics Edge, International City/County Management Association: 1998, at 38.
50 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 5
FURTHER LIMITS ON RULE-BASED CODES
“Never create by law what can be accomplished
by morality.”
– Charles-Louis de Secondat, Baron de Montesquieu,
17th/18th-Century French jurist and political philosopher In addition to the conceptual distinctions between ethics and the law described above, there are other reasons that this guide recommends a values-based approach. They are:
• California already has a complex set of ethics laws governing local official conduct; and
• It is unclear that rule-based systems achieve the goal of either encouraging ethical behavior or increasing public confidence.
Values-based ethics codes are premised on the notion that adherence to ethics laws is not enough to instill public trust in governmental institutions and those who serve in government.
9 See Wear Simmons, Charlene, Roland, Helen, Kelly-DeWitt, Jennifer, Local Government Ethics Ordinances in California, California Research Bureau: March 1998 at 3.
ON ETHICS AND POLITICS
In a state study of local ethics ordinances, the authors observed:
Ethics and politics encourage different sets of behaviors. Ethics is concerned with moral duties and how a person should behave, while “all’s fair in love, war and politics” seems to have its followers.
During most of American history, enforcement of ethical standards has relied on public disclosure and an informed electorate. It is a rough, imperfect arrangement.
Democracies are particularly reliant on public confidence to maintain their legitimacy. Declining public confidence in American governmental institutions, as reflected in public opinion polls, is one important reason that government ethics standards have become such a concern… Questionable official behavior ranges along a continuum from bad judgment to unethical behavior to outright corruption.9
51 6 C HAPTER 1
ETHICS LAWS IN CALIFORNIA
Local officials already must comply with an extensive set of laws that govern the ethical aspects of public service. These laws cover such areas as:
• Disclosure of personal economic interests;
• Receipt of loans, gifts, travel payments and honoraria; • Campaign contributions;
• Conflicts of interest;
• Dual office-holding and incompatible offices; and
• Criminal misconduct in office.
There can be some benefit to supplementing these requirements at the local level – and there are gaps in the law. However, for many agencies, trying to adopt a comprehensive, rule-based ethics code will result in an overlay of two complex sets of laws. Moreover, trying to summarize existing state law (for example, with respect to conflicts of interest) risks creating inconsistencies.10 Put another way, an ethics code should not be viewed as a tutorial on the various laws relating to ethical conduct in office.
RESOURCES AVAILABLE ABOUT CALIFORNIA ETHICS LAWS
Familiarity with ethics laws is nonetheless important. The Institute for Local Self Government has prepared a summary of such laws called A Local Official’s Guide to Ethics Laws. The guide is available online for free at www.ilsg.org/trust; it is also available for purchase from the League of California Cities’ CityBooks Service (916/658-8257). The Institute also makes an instructional video available for a modest fee.
Moreover, there may be ways that local agencies can supplement the existing framework of state laws relating to ethics. Two areas, for example, are anti-nepotism policies and expense reimbursement policies. Materials relating to these types of local ethics laws are available from the Institute’s website (www.ilsg.org/trust).
10 See Wear Simmons et al., Local Government Ethics Ordinances in California, at 44 (suggesting that these conflicts may mean that the state should review local ethics codes). 52 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 7 11 Mackenzie, G. Calvin & Hafken, Michael, Scandal Proof: Do Ethics Laws Make Government Ethical?, Brookings Institution Press: 2002 at 149-59.
12 Id. at 164.
13 Id.
14 Id. at 172.
15 Id.
16 Id. at 174.
17 Id. at 176.
18 Id. at 177.
DO ETHICS LAWS WORK?
Do ethics laws improve public trust? Two scholars have concluded, in the context of the federal government at least, that the web of ethics laws have not increased public trust in federal government officials.11 They propose “deregulating” ethics, in the legalistic sense of the term, and focusing instead on acquainting those new to public service with the values associated with being an ethical public servant.12 They also recommend focusing on the kinds of situations that can present ethical issues for public servants and how to deal with those situations.13 They also note that the law is “too blunt of an instrument” to assure proper behavior.14 They fault federal ethics policy for substituting formal regulations for the expectations of good conduct.15 Their quarrel is not with the goal of increasing governmental integrity, but in the means chosen to achieve that goal.16 They worry that law-based ethics policies are rooted in such a culture of distrust as to actually diminish public trust in government.17 They also worry that this culture of distrust in government risks creating a self-fulfilling prophecy in terms of the kinds of individuals that are attracted to public service.18
The Institute for Local Self Government believes that positive, valuesbased ethics codes can avoid many of these pitfalls. 53 8 C HAPTER 1
If compliance with laws is a salient ethics law issue in your jurisdiction, you can include a requirement in the agency’s ethics code that commits people to comply with the law.
The cities of Sunnyvale and Mountain View do this in their otherwise value-based codes.
Here is sample language based on those codes:
Members will comply with the laws of the nation, the State of California and the [insert agency name] in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the [insert agency name] Charter [if applicable]; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of government; and [insert agency name] ordinances and policies.19
The Institute for Local Self Government provides instructional resources on ethics laws (see sidebar on page 6).
20 BRIGHT IDEA:
AN INCORPORATION-OF-LAWS-BY-REFERENCE
APPROACH IN CODES
19 City of Sunnyvale, Code of Ethics for Members of Sunnyvale City Council, Boards and Commissions, adopted June 27, 1995 (section 2); City of Mountain View, City Council Personal Code of Conduct, adopted November 2002 (section 3.2.2) and available online at www.ilsg.org/trust.
20 The lack of training available on ethics law was a criticism in the California Research Bureau report. See Local Government Ethics Ordinances in California, at 45 (suggesting that the Legislature mandate such training).
54 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 9 Motivations .................................... 9
Opportunities .............................. 11
Risks ............................................. 11
IN THIS CHAPTER
CHAPTER 2: MOTIVATIONS,
OPPORTUNITIES AND RISKS
“Life is about not knowing, having to change, taking the moment and making the best of it, without knowing what’s going to happen next. Delicious ambiguity.”
– Gilda Radner, Actress and comedienne
MOTIVATIONS: THE GOOD, BAD AND UGLY
As discussed earlier, goals that are likely to engender support for the code effort include:
• Encouraging high standards of behavior by public officials; • Increasing public confidence in the institutions that serve the public; and
• Assisting public officials with decision-making.21
If the goal of ethics code proponents is to embarrass their political rivals (a goal that would not likely be acknowledged in any event), the concept of an ethics code will be a non-starter. Such a goal will also tend to undermine public trust and confidence in the agency as opposed to building it. However, if the discussion tends to be heading in a direction that suggests politics is becoming a factor, it can be useful to remind the discussion participants about the core goals in adopting an ethics code.
There can be other, more subtle goals for a code that can be equally valuable to consider. They include inspiring and encouraging the code’s target audience to high principles of conduct. They can also include capturing the spirit or ethos of the agency and/or attempting to define and protect its culture.22
21 Zimmerman, J.S., “Ethics in Local Government.”
22 See Ethics Resource Center, The Ethics Toolkit, available online at www.ethics.org. 55 10 C HAPTER 2
Being clear on goals is important, but so is being realistic about the time and effort it will take to achieve them. Adopting an ethics code will not, in and of itself, result in better ethical behavior. As Senator Adlai Stevenson observed when the United States Senate reviewed its code provisions in 1980: “If there are culprits in our midst, they are unlikely to be deterred by ethics codes.”23 The code is part of an overall effort to foster an ethical culture within the agency – one that will not support the activities of the “culprits” that may or may not be in our midst.
As is wise before adopting any kind of policy, consider the pros and cons of taking action. Because the pros and cons will vary from one community to another, these are framed as opportunities and risks.
ENCOUNTERING RESISTANCE
“I never failed once. It just happened to be a 2000-step process.” – Thomas Edison (19th/20th-century American inventor),
responding to a reporter who asked how it felt to fail
2000 times before successfully inventing the light bulb There are going to be skeptics on your governing board, within the community and among the employees (if your agency’s code will also apply to them).
People may be concerned about an ethics code being used to criticize the agency unfairly. On divided boards, political rivals may think this is an effort to embarrass them or otherwise make them look bad before the public they serve. Employees may think that this is just the latest “flavorof-the-month” management fad. The public may just think this is “window dressing” intended only to deflect criticism.
The task of proponents of an ethics code is to prove the skeptics wrong. The theory of this guide is that one can do this by:
• Charting a course of incremental change by first starting with an ethics code for the governing board;24
• Starting with a relatively few values on which everyone agrees and making a concerted effort with respect to those;
• Demonstrating one’s commitment to the code by not using the effort to embarrass rivals; and • Including implementation strategies – involving both individuals and the body as a whole – to convince the public and agency employees that the agency’s commitment to the code is genuine.
There will be setbacks, to be sure. The key is to learn from them and keep moving forward, with an eye on the long-term goals for the code. The successful implementation of an ethics code is a multiple year process that will span election cycles, budget crises, personnel changes and more. 23 Lewis, The Ethics Challenge in Public Service, at 143. 24 See Blanchard, Ken & O’Connor, Michael, Managing By Values, Barrett-Koehler Publishers:
1997 at 60-62, 129 (recommending that the success of the program requires an organization’s leaders to first work on themselves).
56 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 11
OPPORTUNITIES
Fundamentally, the process of adopting an ethics code offers the following opportunities for a local agency:
• An opportunity to create an environment in which ethical behavior is the norm and ethical considerations are routinely considered in evaluating alternative courses of action;
• An opportunity to demonstrate a commitment to ethics; • An opportunity to establish priorities among competing values and identify those values that are particularly important in a community;
• An opportunity for collective reflection and discussion on the values that ought to form the basis of a public official’s behavior and decision-making; and
• An opportunity to create a positive public identity for agency officials, which can lead to more public trust.
Ethics codes can also serve as a guide or reminder for proper behavior and as a focal point for discussion of ethical challenges faced by public officials.
The reason that these advantages are framed as “opportunities” is that, like so many things in life, whether an action achieves its full potential depends on how the action is accomplished. Achieving the advantages of adopting an ethics code requires good intentions and solid follow-through.
RISKS
Ethics codes adopted without good intentions and follow-through risk the following:
• Ethics codes can diminish public trust in government if officials’ behavior is at odds with the values expressed in the code – the public will perceive the code as mere “window dressing.” • Ethics codes can be used as an instrument to embarrass political rivals – a concept known as “vigilante ethics”
(see sidebar on page 12).
57 12 C HAPTER 2
• The sustained effort required to implement an ethics code can exceed the resources available within an agency. This is particularly so if an agency decides to undertake an organizationwide ethics effort during the initial consideration of the code.
Local agencies also run the risk of adopting long and unwieldy codes out of a desire to demonstrate their commitment to ethics. This can diminish the code’s ability to guide behavior and decision-making.
In addition, agency critics and unhappy employees may seize on an ethics code as a focal point for criticism of particular agency action. The charge is that the agency is not complying with its code.
Finally, it almost goes without saying that no ethics code – no matter how thoughtfully crafted – can provide all the answers to ethical dilemmas local officials may face. This is because ethical dilemmas typically are choices between competing sets of “right” values. In his book, How Good People Make Tough Choices, Dr. Rushworth Kidder observes that it is easy for an ethical person to resolve “right versus wrong” choices. What is difficult is choosing between competing sets of “right” values.25
VIGILANTE ETHICS
There is an “unethical” use of ethics codes that needs to be acknowledged. This is when political opponents use ethics and the adoption of an ethics code as a means to embarrass or disadvantage political rivals. In The Ethics Challenge in Public Service, the author calls this “vigilante ethics” or the use of ethics to intimidate rather than inspire.26 The political use of ethics obviously gives ethics a bad name. It undermines the efforts of those who truly care about promoting the consideration of ethical values in public service. It also undermines one of the key goals of adopting an ethics code – which is to foster public trust in the institution as a whole, not just those who promote a code.
In suggesting a process for adopting an ethics code and proposing a “menu” of possible topics for the code, this guide endeavors to minimize the opportunities for individuals to misuse the ethics code adoption process. Moreover, a values-based approach to codes is designed to focus on more universal principles of good behavior on which everyone should be able to agree. The process also is designed to allow everyone to contribute to the crafting of the agency’s ethics code and demonstrate their commitment to values.
25 Kidder, Rushworth M., How Good People Make Tough Choices, at 16-17. 26 Lewis, The Ethics Challenge in Public Service, at 98. 58 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 13 To Whom Should the
Code Apply? ................................ 13
Who Should Be Involved in the
Code Adoption Process? ............. 14
What Topics Should
Be Included? ................................ 16
What About Accountability? ...... 17
Suggested Iteractive Process for
Adopting an Ethics Code ........... 22
A Note About the Importance
of Implementation Strategies ..... 26
IN THIS CHAPTER
CHAPTER 3:
KEY DECISIONS IN THE
CODE ADOPTION PROCESS
“Choose always the way that seems the best, however rough it may be. Custom will soon render it easy and agreeable.” – Pythagoras
“It’s not hard to make decisions when you know
what your values are.”
– Roy Disney
“When you come to a fork in the road …Take it.”
– Yogi Berra
TO WHOM SHOULD THE CODE APPLY?
There are a number of possibilities:
• Elected officials;
• Elected and appointed officials (for example members of boards and commissions);
• Elected officials, appointed officials and top level staff; or • Only agency staff.
There may be some elements of the code that one would want the public to adhere to – for example, if the code contained provisions relating to civility in public discourse. However, our recommendation is for local officials to first lead by example. This does not, of course, preclude officials from indicating that they have set certain standards for themselves and encourage others to do likewise.
59 14
What this means in practice is for elected officials to first consider adopting a code that will govern their own behavior – and then make a demonstrated effort to conform their conduct to the code. This may be especially advisable if the agency has not had an ethics code in the past.
This gives elected officials an opportunity to “walk the talk” and send a message that their commitment to ethics is indeed genuine.27 Then, as part of the ongoing review process, consider expanding the code to apply to others’ behavior. In part, this relates to the next aspect of an effective code adoption process, which is to consult with all of those whose behavior will be governed by the code.
WHO SHOULD BE INVOLVED IN THE
CODE ADOPTION PROCESS?
The answer to this question is driven by the scope of the code. For members of an organization to accept and be guided by the values reflected in an ethics code, they need to be part of the process of crafting the code.
For example, if all agency officials (elected and appointed officials and staff) will be subject to the code, then representatives from all these groups should participate. One city manager whose city adopted a citywide code recommends that organization-wide participation occur early on.
Otherwise, it is easier for those not engaged in the code-crafting process to feel that the code does not apply to them. Non-involvement can also foster suspicion about the code.
Of course, launching an agency-wide discussion about ethics can be a daunting task. Another approach is to focus on getting an agency governing body to agree about what values should be included in the agency’s “initial” ethics code. The word “initial” is in quotes because the concept is that the code will be a living document that will be reviewed and updated periodically.
C HAPTER 3
27 “Bosses Set Bar for Ethics, Experts Say,” Contra Costa Times, June 9, 2003 (“Ethics must come from the top,” said Marshall Schminke, who teaches business ethics at the University of Central Florida and has written a book on the subject. “A person’s individual moral framework is only the third-most important factor in deciding what they’ll do. The most important is what does their boss do: Workers look to their boss first for cues on what constitutes moral behavior.”) Because the process of
adopting and implementing
a code requires significant
effort, adopt a code that
first applies to the
governing body. This
enables the governing
body to lead by example.
It also streamlines the
adoption process.
START AT
THE TOP AND
WORK DOWN
BRIGHT
IDEA:
60 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 15 Expanding the discussion in subsequent versions of the code to include appointed officials and/or top level staff and revising the code to reflect their input can be part of the review and update process. Expanding the discussion even further to include the input of all staff can round out the process and demonstrate the agency’s commitment to keeping the ethics code a living, breathing document.
Moreover, the process of engagement – no matter how big or small the group – should not simply be one of having people review a proposed draft ethics code, possibly based on codes adopted by other local agency jurisdictions. Instead, use a “menu approach” in which participants are asked to select among competing values and expressions of those values. A sample “menu” from which to work is included in chapter 4 of this guide.
Bottom-line: it is critical to the success of an ethics code that it responds to real-life situations. The code-adoption process should involve people in a meaningful way in a discussion of those situations.
AN ALTERNATIVE APPROACH:
STAFF IN THE CITY OF SAN BUENAVENTURA
INITIATE A CODE FOR THEMSELVES
In San Buenaventura, the staff initiated a process of adopting an ethics code that applied only to the city’s 600-plus employees. The staff created an interdepartmental working group that developed the code. The group met every other Thursday, with everyone contributing to the final product. The preamble of the code is instructive:
As City employees, these core ethical principles serve as a central guide for our everyday decisions, behaviors and actions at work. By applying these ethical principles, we hope each employee will make more effective decisions with greater confidence.28
The code goes on to list the values of respect, equitable treatment, impartiality, honesty, responsibility and trustworthiness. The code then explains what these values mean in the context of the staff’s work. The staff also created an ethical checklist to guide decision-making.29 28 City of San Buenaventura Ethical Principles, available online at www.ilsg.org/trust. 29 Examples of such a checklist are available online at www.ilsg.org/trust. 61 16
WHAT TOPICS SHOULD BE INCLUDED?
This, of course, is the $64,000 question. In How Good People Make Tough Choices, Dr. Rushworth Kidder identifies eight universal ethical values that transcend cultures.30 He also believes that standards for ethical conduct do not vary by context. In other words, there is not a separate set of ethical values appropriate for business, another for the public sector and yet another for one’s personal life.
Of course, what can vary is how these values are applied in different contexts. For this reason, we recommend that public agencies develop the values portion of their ethics code in a three-part process:
1. Identification of core ethical values (for example, honesty, loyalty or compassion);
2. Discussion of what those values look like in the public service context; and
3. Examples of behavior reflecting/not reflecting those values.
Such a process will enable those involved in developing an agency’s ethics code to fully engage in the discussion of what the agency’s ethics code means. This approach is an adaptation of the one used by the Markkula Center for Applied Ethics and the City of Santa Clara to develop that city’s code of ethics and values.
In this way, the code almost writes itself. This is why this guide provides a “menu” of examples of potential values that an agency may want to reflect in its ethics code, along with sample expressions of what those values mean in practice (see chapter 4).
Admittedly, at least three of the values (“community service,” “proper use of public resources” and “vision”) potentially have a more unique relevance to ethical aspects of public service. Inclusion of these values is based on the Institute’s research on what values are commonly reflected in cutting-edge ethics codes. Of course, other values could be included based on what is important in a particular community/agency.
C HAPTER 3
30 Kidder, How Good People Make Tough Choices, at 91-92. 62 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 17 WHAT ABOUT ACCOUNTABILITY?
What happens when someone disregards the values expressed in an agency’s ethics code? This question comes up all the time, with the underlying question being “what is the point of having an ethics code if we are not going to enforce it?”
As it relates to elected official’s behavior, the voters are the ultimate enforcers of the code. This is why it is so important that the code reflect community values. There are various ways to think about the accountability and enforcement issue.
SELF ENFORCEMENT
A values-based ethics code, like the kind of code suggested in this guide, truly does require “obedience to the unenforceable,” as discussed in chapter 1. This is particularly true for elected officials, inasmuch as our democratic system contemplates that the voters are the ultimate judges of whether an official’s behavior is consistent with the community’s values.
This is why it is important to involve the community, as the ultimate stakeholder in the agency, in the process of developing an agency’s ethics In their enthusiasm for fostering a completely ethical environment in their agency, officials may be tempted to include all the values that are important to all officials in an agency’s ethics code. Officials may be loathe to exclude any value – or expressions of what that value means in practice – out of a concern that the omission of a particular value means that the agency condones the opposite behavior. Such an impulse can also be the product of a desire to obtain buy-in from all whose conduct will be guided by the code.
These are natural inclinations. However, in crafting a code, officials may want to evaluate whether a too-comprehensive approach diminishes the utility of the code. A too-long or too-complex code is difficult to remember and apply.
This undermines the objective of creating a code that provides a bona fide source of guidance for agency officials. “Keep your code understandable,” cautions Mountain View Mayor Michael Kasperzak.
An alternative approach is to identify priority values, particularly for agencies adopting ethics codes for the first time. Three can be a good number in terms of ease of recall. If the agency focuses its attention on pursuing those values for the coming year, it can identify additional or alternative priority values as part of an annual review of its code. Ethics codes are living, growing documents – not one-shot efforts, and it is not necessary to include every possible ethical value in the first code.
RESIST THE IMPULSE TO BE TOO COMPREHENSIVE
BRIGHT IDEA:
63 18
code. It is also why this guide recommends that the agency consider mechanisms for soliciting public input on the ethics code as a threshold matter (see “step 1” on page 22) in the code adoption process.
Some local agencies’ ethics codes expressly acknowledge this phenomenon. Sample language is as follows:
This code of ethics expresses the standards of ethical conduct expected for members of the agency governing board [include any other affected individuals]. 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 its government.31
As an additional measure of accountability, some agencies 1) include ethical standards in their candidate orientations (including boards and commissions), and 2) ask new members to sign the agency ethics code upon entering office.32
THE POWER OF DISCUSSION AND PERSUASION
An ethics code is a set of agreed-upon values and behaviors that flow from those values. Officials can engage in honest but diplomatic discussion about whether a particular course of action is consistent with the agency’s adopted ethics code. The most constructive and productive way to initiate such a discussion is to frame the issue as a question (see example on page 19).
C HAPTER 3
31 See, e.g., City of Sunnyvale, Code of Ethics, Section 18; City of Mountain View, City Council Personal Code of Conduct (section 20) and available online at www.ilsg.org/trust. 32 See, e.g. Sunnyvale, Code of Ethics, Section 17; Mountain View, Section 19, and available online at www.ilsg.org/trust.
64 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 19 It has been a lengthy board of supervisors meeting and there are still a number of items on the agenda to go. The chairperson, in a somewhat irritated fashion, suggests that testimony be cut off on the current agenda item. You are concerned about the people who made a special trip to the meeting to speak.
You say:
I am concerned that, if we cut off testimony at this point, we will be acting inconsistently with our ethics code that says we value and respect public input.
The chair replies:
I am troubled by that too. But I asked people who wanted to testify on this item not to repeat points that have already been made and the testimony is getting repetitive. I also feel I have an obligation to respect the interests of those who are here waiting to testify on other agenda items that we have not yet been able to get to. It’s getting late and I know a number of them need to get home to their families.
You say:
I understand your concerns. How about if we ask if anyone has anything new to add before we cut off testimony? We could also ask that people be especially brief in consideration of those who are waiting to speak on other agenda items and the length of time we have already spent on this item.
The chair replies:
Okay. Does anyone who hasn’t already spoken have anything to share that hasn’t been covered already? We ask you to be brief and considerate of others who also want to participate in later parts of the agenda.
This kind of conversation, tied into the values in the county’s ethics code, has reached a compromise resolution of whether to cut off testimony. It has also had the collateral effect of sensitizing the public to the impacts of their (potentially repetitive and long-winded) behavior on others like them.
MAKING THE CODE REAL: EXAMPLE
65 20
The ethics code provides a starting point for good faith conversation on how to resolve concerns or issues.
By contrast, imagine how the conversation in the example would have gone if you had simply asserted that the chair’s proposal to cut off discussion was “unethical” because it violated the county’s value of respect for public input. Imagine not only the defensive and angry answer the chair would have been likely to give, but also what impression this kind of exchange would have had on the audience. Thus, the key, as one ethics expert advises, is to “condemn the sin, not the sinner.”33 The suggested approach requires thought and a certain degree of selfrestraint (particularly if your energy level is also sagging after a long meeting) than simply accusing someone of acting inconsistently with the ethics code. Investing in such effort is part of your own personal commitment to the ethics code and having it make a positive difference for your agency. This is another opportunity to lead by example.
REPROVAL OR CENSURE
Some agencies provide enforcement measures in their policies. For example, the City of La Mesa’s policy reads as follows:
Violations and Penalties. Any violation of this Ethics Policy by a member of the City Council shall constitute official misconduct if determined by an affirmative vote of three members of the City Council in an open and public meeting. In addition to any criminal or civil penalties provided by Federal, State or local law, any violation of this Ethics Policy shall constitute a cause for censure by City Council adoption of a Resolution of Censure.34
C HAPTER 3
33 Hanson, Kirk O., “Confronting Unethical Conduct,” Association Management (January, 2003). 34 City of La Mesa, City of La Mesa Ethics Policy, adopted March 2003 (section 7) and available online at www.ilsg.org/trust.
66 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 21 Similarly, San Jose has a censure policy that defines “censure” as a punitive action that carries no fine or suspension of the rights of the council member as an elected official. Under the policy, censure is distinguished from “condemnation” of a council member’s actions, which expresses strong disapproval but is not punitive. The policy sets out detailed procedures to provide the accused council member with an opportunity to understand and respond to the criticisms against him or her.35 When considering these kinds of enforcement policies, be sure to consult with one’s agency attorney about relevant legal considerations.36 35 City of San Jose, Censure Policy, November 1994 and available online at www.ilsg.org/trust. 36 This topic was covered at the 1995 City Attorneys Spring Conference, where James P. Jackson delivered a paper entitled “Coping with Intra-Council Conflicts.” Copies are available from the League of California Cities’ library (www.cacities.org), but should be reviewed for updates in the law.
37 Character First! materials are available through www.characterfirst.com.
The “Character First!®” program developed by the nonprofit Character Training Institute emphasizes positive reinforcement or praise in its promotion of character issues.37 It notes that there are three steps associated with offering praise:
1. Give the definition of the character quality;
2. Offer a specific illustration of how it was demonstrated; and
3. Explain the benefit to you and/or others.
This approach to positive reinforcement is another way agency officials can make ethics code provisions real.
THE POWER OF PRAISE
BRIGHT IDEA:
67 22
1 SUGGESTED ITERATIVE PROCESS FOR
ADOPTING AN ETHICS CODE
This process can be adapted to successive governing board meetings or meetings with management and staff. Depending on the time available for the code adoption effort, some steps can be combined.
C HAPTER 3
STEP
1st Meeting
• Introduce the concept of
an ethics code
• Would a code be useful?
• To whom would the
code apply?
• Identify public input
mechanisms
See chapters 1-3
STEP 2
2nd Meeting
• Review values menu
(see chapter 4)
• Each participant
identifies the top
four values
• Identify areas of
consensus
• Reflect on these
“consensus” values
between now and
next meeting
• Identify three
expressions of
those values
• Identify positive
examples of values
in practice
See chapter 4
STEP 3
3rd Meeting
• Achieve consensus
on expressions of the
various values, as well
as examples of those
values in practice
• Discuss potential
memorable titles
• Consider a preamble
• Discuss implementation
strategies
• Commit to review
on anniversary
See chapter 4
68 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 23 STEP 4
• Implement
Implement
Implement
See chapter 5
STEP 5
• Review code and its
implementation
• Initiate process for
updating and expanding
application of the code
to others (repeating
steps one through
three with them)
(8 months from adoption)
STEP 6
• Celebrate successes
• Identify areas needing
further effort
• Adopt updated and
expanded code
• Adopt updated
and expanded
implementation
strategies
(Anniversary of adoption)
STEP 7
• Repeat steps 4-6
69 24
Step One (First Meeting)
• Introduce the concept of an ethics code – what it is, what it can and cannot achieve and the process of adopting one. • Discuss whether agency officials think a code would
be useful.
• Determine to whom the agency’s first code should apply. • Identify the mechanisms by which public input in this process will be solicited.
Step Two (Second Meeting)
• Review the values menu (see chapter 4).
• Determine whether agency wants to focus on a limited number of key values (as we recommend) or have a more comprehensive approach.
• Ask participants whether there are any key values missing from the menu.
• Ask participants to identify the top four values that they think are most important in their public service.
• Identify areas of agreement on values and confirm these with the group.
• Ask participants to reflect on these “consensus” values before the next meeting, identifying three expressions of those values that seem most useful for the agency to focus on. Remind the group that they can add or modify expressions of values listed on the menu. Also ask them to identify positive examples of the expressions of values in practice.
C HAPTER 3
70 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 25 38 See Ethics Resource Center, The Ethics Toolkit, available online at www.ethics.org.
Step Three (Third Meeting)
• After preliminary discussion, use the “dot” or similar process to achieve consensus on the expressions of the various values, as well as examples of those values in practice (see sidebar below). • Direct staff to write code up based on the areas of consensus about 1) which values should be in the first version of the code, 2) what expressions of those values also should be in the code, and 3) examples of those values.
• Discuss potential memorable titles38 (for example,
“The Way We Serve the Public” “_______________
[insert agency name]’s Commitment to Character”) for
the code. Consider whether the code would be enhanced
by a preamble that refers to the public agency’s goals and commitments in adopting an ethics code. (For a sample,
see chapter 4)
• Discuss implementation strategies and timelines
(see chapter 5).
USE ADHESIVE DOTS
BRIGHT IDEA:
A handy and fairly expeditious way of handling this selection process is to combine discussion with a “dot” system in which participants are asked to identify their four top values by adhering adhesive dots to a board displaying the list of potential values. Include a prohibition against individuals “power-dotting,” or placing multiple dots by one value.
71 26
Step Four (Next Meeting)
• Adopt final version of the code.
Step Five (Ensuing Year)
• Implement, implement, implement! (see chapter 5).
Step Six (Eight Months from Code Adoption)
• Review code and its implementation.
• Initiate process for updating and expanding application of the code to others, if appropriate (repeating steps one through three with them).
Step Seven (One Year Anniversary)
• Celebrate successes.
• Identify areas needing further effort.
• Adopt updated and expanded code.
• Adopt updated and expanded implementation strategies.
Step Eight (Second Year Anniversary and Thereafter)
• Repeat steps four through six.
A NOTE ABOUT THE IMPORTANCE OF
IMPLEMENTATION STRATEGIES
As the iterative suggested process suggests, adoption of the code is only the first step. To make a difference and achieve its goals, the code needs an implementation strategy. Making a commitment to implement one’s ethics code is also a “key decision” in the code adoption process – as is actually implementing the code. Chapter 5 covers the topic of implementation in more detail.
C HAPTER 3
72 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 27 Whose Values? ............................. 27
Values Selection Process ............. 28
Ethics Code Menu/
Worksheet .................................... 30
Preambles .................................... 41
IN THIS CHAPTER
CHAPTER 4:
ETHICS CODE MENU
“It is strangely absurd to suppose that a million of human beings, collected together, are not under the same moral laws which bind each of them separately.”
– Thomas Jefferson
WHOSE VALUES?
Whenever one proposes that local officials engage in a conversation about values there is some likelihood that would-be participants in the discussion will take offense and view this as an effort to “impose” one group’s values on another. An unwillingness to stand up for values, according to Dr.
Rushworth Kidder, has created a sort of “moral relativism” that causes us to sink to the lowest common denominator in terms of ethical conduct.39 Dr. Kidder has dissected this phenomenon and concludes that there is a core set of human values that transcend cultural, socioeconomic and national boundaries.40 These values are:
• Honesty;
• Fairness;
• Respect;
• Compassion; and
• Responsibility
Many of the ethical dilemmas that local officials face can be characterized as conflicts between two “right” values. An example is the discomfort that one feels when a friend or political supporter seeks approval for a project that may not be in the best interests of the entire community. This is a conflict between one’s loyalty to a friend or supporter and one’s obligations as a public official to act in the community’s best interests. 39 Kidder, How Good People Make Tough Choices, at 96 (referring to research by Stace, Walter T., The Concept of Morals, The MacMillan Company: 1937). See also The Ethics Edge, at 37-38. 40 See Kidder, How Good People Make Tough Choices, at 77-108. 73 28
One advantage of adopting an ethics code is that it offers the opportunity for local officials to have a conversation about which values take precedence over other values in that community.
VALUES SELECTION PROCESS
Selecting which values will be reflected in your agency’s ethics code is a key task. The following worksheet is designed to assist with this undertaking by identifying core ethical values and how each value should shape behavior.
The suggested process for using this worksheet (also described at the end of chapter 3) is to:
• Review the values menu.
• Determine whether the agency wants to focus on a limited number of key values or have a more comprehensive approach. • Ask participants whether there are any key values missing from the menu.
• Ask participants to identify the top four values that they think are most important in their public service.
• Identify areas of consensus and check with the group to make sure the result reflects their sense of consensus. For example, it may be that there is a strong degree of consensus on only three values; conversely, there may be a strong degree of consensus on five values.
• Ask participants to reflect on these “consensus” values before the next meeting, identifying three expressions of those values that seem most useful for the agency to focus on. Remind the group that they can add or modify expressions of values listed on the menu. Also ask them to identify positive expressions of values in practice.
• After preliminary discussion, use the “dot” or similar process to achieve consensus on the expressions of the various values, as well as examples of those values in practice.
C HAPTER 4
74 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 29 We suggest that these processes occur over multiple meetings, so participants have an opportunity to reflect on the values that are most important to your agency and how those values are best expressed in terms of behavioral practices.
“To make the code of conduct work, there must be consensus,” says Sunnyvale council member Jack Walker, who chaired the subcommittee that drafted Sunnyvale’s Code of Conduct for Elected Officials.
Note that the worksheet does not contain suggested examples. This is to assure that those using the worksheet truly contribute their own insights to the process – something that is necessary to make the code adoption process reflect the specifics of a given agency. Here, though, is an illustration of three values, expressions and examples, to help prime the discussion pump.
Core Value Potential Expressions/ Examples of When
What This Value Looks Like This Issue Arises
Community Service/ I do not accept gifts, services When someone invites me to Pursuit of public’s or other special considerations dinner because of my position, interests as opposed to because of my public position. I will either decline or pay for personal interests my part of the meal.
Respect for fellow I treat my fellow officials, During meetings, I will listen officials, staff and staff and the public with actively, attentively and politely the public courtesy and civility, even to all speakers, even those that when we disagree on what is are arguing against the position best for the community. I believe is right.
Vision I consider the broader regional When I sit on regional boards as and statewide implications of the a representative of my agency, agency’s decisions and issues. I balance what will serve my jurisdiction’s interests best
against what will maximize
benefits for those served by the
regional board as a whole.
Illustration of Three Values, Expressions and Examples
75 30 C HAPTER 4
ETHICS CODE MENU/WORKSHEET
I NSTRUCTIONS TO U SERS :
1) Review values menu.
Are any values that are important to
public service missing?
2) Mark the box next to the four values you think are
most important for public service.
The group will have a discussion on which
values belong in the agency’s code.
3) For the “consensus” values, review “expressions”
column. Are any values that are important to
public service missing?
4) Mark the box next to the three expressions of each
value you think are most important for your
jurisdiction.
The group will have a discussion on which
expressions belong in the agency’s code.
5) Write-in positive examples of this kind of behavior
in action.
Review
Mark
Review
Mark
Write-in
76 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 31 ❑ Integrity/Honesty
❑ Community service/pursuit of public’s interests as
opposed to personal interests/responsibilities
❑ Fairness
❑ Respect for fellow officials, staff and the public
❑ Compassion
❑ Proper efficient use of public resources
(another form of responsibility)
❑ Loyalty to the Agency
❑ Vision
ETHICS CODE MENU/WORKSHEET, CONT.
✔ Which four values are most important?
77 32 C HAPTER 4
❑ I am honest with my fellow elected
officials, the public and others.
❑ I do not promise what I believe to
be unrealistic.
❑ I am prepared to make unpopular
decisions when my sense of the
public’s best interests requires it.
❑ I take responsibility for my actions,
even when it is uncomfortable to do so.
❑ I credit others’ contributions to moving
our community’s interests forward.
❑ I do not knowingly use false or
inaccurate information to support
my position or views.
❑ I do not leave false impressions.
❑ I support ethics within my agency.
❑ I disclose suspected instances of
corruption to the appropriate authorities.
Integrity/Honesty
ETHICS CODE MENU/WORKSHEET, CONT.
Which three expressions
are most important?
Write in positive examples of when ✎ the three checked issues arise. ✔ 78 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 33 ❑ I do not accept gifts, services or other
special considerations because of my
public position.
❑ I refrain from any action that might
appear to compromise my independent
judgment.
❑ I support merit-based processes for
the award of public employment and
public contracts.
❑ I excuse myself from participating in
decisions when my or my family’s
financial interests may be affected by
my agency’s actions.
❑ I do not use information that I acquire
in my public capacity for personal
advantage.
❑ Consistent with my role as a steward of
the public trust, I do not represent third
parties’ interest before either my agency
or those of neighboring jurisdictions.
❑ I do not accept gifts, services or other
special considerations because of
my public position.
Community service/pursuit of public’s interests as opposed to personal interests/responsibilities
ETHICS CODE MENU/WORKSHEET, CONT.
Which three expressions
are most important?
Write in positive examples of when ✎ the three checked issues arise. ✔ 79 34 C HAPTER 4
❑ I support the public’s right to know and
participate in the conduct of the public’s
business.
❑ I am impartial when making decisions,
avoiding the temptation to favor those who
have supported me and disfavor those who
have not.
❑ I promote non-discrimination in public
agency decisionmaking.
❑ I recognize that I am an agent for the
democratic process, not the owner of
authority.
❑ I provide services at or above established
standards without favoritism or prejudice.
❑ I will promote meaningful public
involvement in the agency’s decision-making
processes.
❑ I treat all persons, claims and transactions in
a fair and equitable manner.
❑ If I receive substantive information that
is relevant to a matter under consideration
from sources outside the public decisionmaking process, I publicly share it with my fellow governing board members and staff.
❑ I make decisions based on the merits of
the issue.
Fairness
ETHICS CODE MENU/WORKSHEET, CONT.
Which three expressions
are most important?
Write in positive examples of when ✎ the three checked issues arise. ✔ 80 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 35 ❑ I treat my fellow officials, staff and the
public with patience, courtesy and civility,
even when we disagree on what is best for
the community.
❑ I focus on the merits in discussions of
issues, not personalities, character or
motivations.
❑ I respect others’ time by coming to
meetings prepared and offering
observations only when I believe it will
move the discussion forward.
❑ I work towards consensus building and
gain value from diverse opinions.
❑ I make decisions and recommendations
based upon research and facts, taking into
consideration short and long-term goals.
❑ I respect the distinction between the role of
office holder and staff.
❑ I follow through on my commitments,
keeping others informed, and responding
in a timely fashion.
❑ I am approachable, open-minded and
willing to participate in dialog and I work
to convey this to others.
ETHICS CODE MENU/WORKSHEET, CONT.
(continued on next page)
Which three expressions
are most important?
Write in positive examples of when ✎ the three checked issues arise. ✔ Respect for fellow officials, staff and the public
81 36 C HAPTER 4
❑ I engage in effective two-way communication by listening carefully, asking questions, and determining an appropriate
response that adds value to conversations.
❑ In my interactions with constituents, I am
interested, engaged, and responsive.
❑ I involve staff in meetings with
individuals, those with business
before the agency, officials from other
agencies and legislators to ensure proper
staff support and to keep staff informed.
❑ I support a positive work environment for
agency staff and others who serve the
agency.
❑ When campaigning, I avoid personal
attacks on issues unrelated to my fellow
candidates’ ability to discharge the duties
of the office that we both seek.
ETHICS CODE MENU/WORKSHEET, CONT.
Which three expressions
are most important?
Write in positive examples of when ✎ the three checked issues arise. ✔ Respect for fellow officials, staff and the public, continued 82 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 37 ❑ I recognize government’s
responsibilities to society’s
less fortunate.
❑ I am sensitive to the fact that
some people in the community
are intimidated by public officials and
public agencies and try to make their
interactions with our agency
as stress-free as possible.
❑ I convey the agency’s care
for and commitment to its community
members.
❑ I am attuned to, and care about, the
needs and issues of citizens, public
officials and agency workers.
ETHICS CODE MENU/WORKSHEET, CONT.
Which three expressions
are most important?
Write in positive examples of when ✎ the three checked issues arise. ✔ Compassion
83 38 C HAPTER 4
❑ I recognize that the responsibility for
making both large and small decisions
about the use of public resources is a
public trust.
❑ I actively promote the efficient and
economical use of public resources.
❑ I do not use public resources, such as
agency staff time, equipment, supplies or
facilities, for private gain or personal
purposes.
❑ I make decisions after prudent consderation of their financial impact, taking into account the long-term financial needs of
the agency, especially its financial stability.
❑ I make decisions on hiring and
contracting based on merit and value to
the agency, rather than favoritism and/or
family or personal relationships.
❑ I demonstrate concern for the proper use
of agency assets (such as personnel, time,
property, equipment, funds) and follow
established procedures.
❑ I provide friendly, receptive, courteous
service to everyone.
❑ I make good financial decisions that seek to
preserve programs and services for agency
residents.
ETHICS CODE MENU/WORKSHEET, CONT.
Which three expressions
are most important?
Write in positive examples of when ✔ ✎ the three checked issues arise.
Proper/efficient use of public resources (another form of responsibility) 84 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 39 ❑ I respect the confidentiality of
information concerning the agency’s
property, personnel or affairs.
❑ I do not disclose confidential
information without proper legal
authorization.
❑ I represent the official policies or
positions of the agency to the best of
my ability when authorized to do so.
❑ When presenting my individual
opinions and positions, I explicitly state
that my opinions do not represent the
agency’s position and I will not allow
the inference that they do.
ETHICS CODE MENU/WORKSHEET, CONT.
Which three expressions
are most important?
Write in positive examples of when ✔ ✎ the three checked issues arise.
Loyalty to the Agency
85 40 C HAPTER 4
❑ I exhibit a proactive, innovative approach
to setting goals and conducting the
agency’s business.
❑ 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.
❑ I promote intelligent and thoughtful
innovation in order to forward the
agency’s policy agenda and agency
services.
❑ I consider the broader regional
and statewide implications
of the agency’s decisions
and issues.
ETHICS CODE MENU/WORKSHEET, CONT.
Which three expressions
are most important?
Write in positive examples of when ✔ ✎ the three checked issues arise.
Vision
86 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 41 Once the areas of consensus around values, expressions of values and examples are identified, staff can be directed to write up the code based on the menu selections for final adoption at the next meeting. The code will contain the four values the agency has selected, the three expressions of those values and three examples of the expressions in action.
PREAMBLES
A preamble is the introduction to the code. It addresses these questions:
• Why is the code important?
• What is the code’s purpose?
41 See City of Sunnyvale, Code of Ethics, Section 17.
OTHER USEFUL CODE PROVISIONS
BRIGHT IDEA:
Two other code provisions to consider are:
• A requirement that affected officials sign the code; and • An annual review.
Such provisions make the commitment more public and more formal.
Here is sample language for each, based on the provisions of Sunnyvale’s code, which are included in an “implementation” section41:
Members entering office will sign a statement affirming that they have read and understood this code.
This code will be annually reviewed. The [insert governing board name] shall consider recommendations for updating the code as necessary.
87 42
• To whom does the code apply?
• What will happen as a result of this code?
Here is sample preamble language:
The effective operation of democratic institutions requires that public officials enjoy the trust and confidence of the individuals and businesses they serve. Accordingly, [insert agency name] has adopted this code to:
1. Encourage the highest standards of behavior by
[insert agency name] officials;
2. Promote and maintain the public’s trust and confidence in [insert agency name]; and
3. Provide an ongoing source of guidance to [insert agency name] officials in their day-to-day service to [insert
agency name].
To this end, the [insert agency governing body name] has adopted this code of ethics for [describe whose conduct will be governed by the code, for example, governing body members, members of boards and commissions, and/or staff]. As part of their service to [insert agency name], these individuals agree to understand how this code applies to them and practice the values in the code in their day-to-day service to [insert agency name].
C HAPTER 4
88 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 43 Making the Code Real:
Implementation Strategies ......... 43
“Self First”................................... 45
Creating a Culture
of Recognition ............................. 47
Recruit with Ethics in Mind ...... 50
Training ....................................... 50
The Importance of an
Annual Review ............................ 51
Promoting the Code
Within the Community ............... 52
A Special Note About
Ethics Codes and Campaigns .... 52
IN THIS CHAPTER
CHAPTER 5:
IMPLEMENTATION ISSUES
“Genuine success does not come from proclaiming our
values, but from consistently putting them into daily action.” – Ken Blanchard and Michael O’Connor, Managing By Values MAKING THE CODE REAL:
IMPLEMENTATION STRATEGIES
Adoption of the code is only the first step. To make a difference and to achieve its goals, the code needs an implementation strategy. Some of the questions to ask when designing an implementation strategy include:
• How should the code be disseminated? Can it be put on bookmarks, plaques, pocket cards, posters, the agency’s website, etc.? Should there be a media release?
• Are there elements that are useful to review at certain points in the conduct of the agency’s business? (For example, one northern California city reminds itself of its civility values at each meeting.) • Is a leadership letter appropriate? (see sidebar on page 45) • To ensure the future relevance and validity of the code, how can the provisions of the code be incorporated into orientation programs and other agency training efforts?
• Should the code be translated into all major community languages?
• If the agency begins its meetings with non-sectarian invocations,42 do such invocations offer an opportunity to obtain others’ assistance in reflecting upon on one or more of the agency’s core values?
42 “Sectarian” invocations have recently been ruled unconstitutional. See Rubin v. City of Burbank, 101 Cal. App. 4th 1194, 124 Cal. Rptr. 2d 867 (2002), rev. denied. Dec. 18, 2002, cert. denied, ___ U.S.____ (2003). Asking that an invocation focus on one of the agency’s core value may be one way of complying with the court’s decision. For more analysis of the decision, see the article at page 8 of the July 2003 issue of Western City magazine, also available online at www.westerncity.com.
89 44 C HAPTER 5
• To the extent that the code applies to employees, how can ethical considerations be incorporated into the hiring and evaluation process?
• If the code applies to employees, should the code be attached to the offer of employment provided new employees?
• Should copies of the code be sent to those who do business with the agency, along with a request to be notified if the agency fails to observe any of the values?
• What resources can the agency make available to those whose conduct is the subject of the code? Peer counseling? “Dear Abby” type questions in the employee newsletter? Web-based resources? • What steps can individuals and the agency take to create a “culture of recognition” surrounding the agency’s ethics code? • During election season, would it be helpful to have a community forum about how the city’s values and ethics code translate into ethical campaign practices?
• When should the code be reviewed?
Another useful implementation strategy to consider is an evaluation component. How has the ethics code been used? Has it affected the ethical culture of the organization? If so, in what ways? If not, what have been the impediments? How can the impediments be overcome? Surveys and interviews can help in such evaluations.
90 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 45 “SELF FIRST”
“You must be the change you wish to see in the world.”
– Mahatma Gandhi
“Few things are harder to put up with than the
annoyance of a good example.”
– Mark Twain, Pudd’nhead Wilson (1893)
There seems to be a consensus – if an official earnestly desires others to act differently, that official has to act differently. This concept is expressed as the “self first” rule in the management book called Managing By Values.
44 Even if you feel you are not “the problem” at your agency, demonstrably modify your behaviors to reflect the values expressed by your agency’s ethics code. As ethicist Michael Josephson observes, ethics is such that “we don’t have to be sick to get better.”45 43 See Ethics Resource Center, The Ethics Toolkit, available online at www.ethics.org. 44 Blanchard & O’Connor, Managing By Values, at 61.
45 For more about Michael Josephson’s work, visit www.josephsoninstitute.org.
BRIGHT IDEA:
LEADERSHIP LETTERS
Leadership letters are another implementation strategy to consider.43 A leadership letter is a communication from the relevant agency leadership that explains the code and demonstrates commitment from the top to create an ethical organizational culture. A leadership letter from all governing board members reinforces the role of the code as an ethics pledge. It is another opportunity for each member of the governing body to affirm his or her support for the code and encourage others to do likewise.
A leadership letter can convey why the agency has adopted an ethics code and why it focused on the values it did.
It should also address how the code came to be and the process behind it.
To summarize, some questions to consider in drafting a leadership letter include:
• Why a code? Why now?
• What is the ethical context in which the organization operates? • What are some of the challenges that elected and appointed officials, management, employees and members face, and how can this ethics code be a helpful document for people at all levels? • What are the major trends facing similar local agencies that will impact and affect the code and its implementation?
• Might this code set an example for other local agencies? In some cases, it may be advisable to refer to an agency’s past ethical problems, particularly if they are well known.
This can be opportunity to be straightforward about the reason for the code. 91 46 C HAPTER 5
What steps can an official take to promote awareness of ethical values within his or her agency? One is an effort to explain the official’s decisions, large and small, in terms of the values in the agency’s code.
It has been a long and tense city council meeting. Before the council is a controversial affordable housing project that the local neighborhood passionately opposes. You feel that some council-members are pandering to that opposition, particularly since they know that the city is at serious risk for a lawsuit by affordable housing advocates if the project is turned down. In explaining your decision to vote in favor of the project, you say:
“This is a terribly difficult decision. Accordingly, I consulted our city’s values code. Although I deeply respect the depth of the neighbors’ concerns about the potential impact of this development and have listened carefully to the views expressed, I also have committed to be a prudent steward of the public’s resources.
The law gives the developer the right to build this project and my view is that it would not be a wise use of our limited public resources to get involved in a lawsuit over this project. There also is a fairness issue, which is that our teachers, our police officers, our food service workers and our young people just starting out ought to be able to purchase a home in our community. Accordingly, I am going to vote “yes” on this project and then commit to work very hard with the developer and city staff to minimize the likelihood that this project will have the adverse impacts the neighbors fear. I know this is not the politically popular decision to make, but it is the decision I feel I must make ethically, based on all the information before me.
Then, of course, you must follow-through on this commitment to work with the developer and staff (possibly by setting up a consultative process with the neighborhood group) to address the concerns about impacts (demonstrating the ethical value of following-through on your commitments). In this case, you are “talking-the-walk” of ethical values by explaining your decision in terms of those values.
Will the project opponents stand up and cheer your decision? Probably not. But that is fundamentally what ethics is, which is making difficult decisions when there may be a personal cost to you.
MAKING THE CODE REAL: EXAMPLE
92 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 47
CREATING A CULTURE OF RECOGNITION
Some governing boards are lucky. Their members get along, treat each other with respect and work through disagreements based on the mutual understanding that everyone has the community’s best interests at heart.
Other governing boards are beset with animosity, in which meetings degenerate into personal jibes and attacks.
Although your close supporters may be encouraging you to act on your gladiator instincts and come out swinging at every meeting, consider whether such a strategy is really promoting confidence in your agency by the public as a whole. Polling data suggests that the public really does want public officials to work together to solve the agency’s problems and is growing tired of the politics of the personal attack.46 Employing the “self-first” approach, think about how you can acknowledge the ways your colleagues apply the values in your agency’s code.
Such acknowledgement can be as simple as privately complimenting someone for the restraint and respect they showed during a particularly contentious discussion.
46 This statement is based on polling relating to campaign practices. That polling shows, for example:
• 86% of poll respondents believe unfair attack campaigning is unethical • 81% of poll respondents believe attack-oriented campaigning is undermining and damaging our democracy
• 76% of poll respondents think negative campaigning produces less ethical and trustworthy leaders
• 82% of poll respondents think negative campaigning makes people less likely to vote • 88% of poll respondents think candidates should agree not to make any personal attacks • 71% of poll respondents think their elected officials have a different set of values than they do
• 53% of poll respondents think that most elected officials don’t know right from wrong • Only 42% of poll respondents trust the government to do what is right • 55% of poll respondents believe that all or most candidates twist the truth to get elected Source: Institute for Global Ethics bipartisan survey, conducted by Lake, Snell, Perry & Associates, Inc. and Deardourff/The Media Company. Respondents were asked in June 2002 about their attitudes concerning candidates and campaigns. View the full poll at www.campaignconduct.org.
Statewide surveys conducted by the Public Policy Institute of California in 1998 found that 44% of Californians considered elected officials to be untrustworthy. However, when asked which level of government is best at solving their problems, people had more confidence in city (27%) and state government (26%) than in the federal (20%) or county government (18%). See Baldassare, Mark, California in the New Millenium, University of California Press/Public Policy Institute of California, 2000, at 44-45.
93 48 C HAPTER 5
Review your agency’s ethics codes and try to identify which values each of your colleagues follow most strongly and then watch for ways that they act on that value. It may or may not be appropriate to recognize such efforts publicly (you don’t want to appear patronizing), but being alert to such issues will give you a fuller appreciation of the qualities that individual brings to the board.
If your ethics code applies to boards and commissions and/or staff, talk with your management team about ways to further reinforce a culture of recognition with respect to the ethics code. In Managing By Values, the authors describe situations in which companies recognize “success stories” in which an employee’s behavior has exemplified a particular value.47 Some companies offer certificates; others have a “Wall of Fame” in which employees’ good works are recognized. Whatever makes sense for your jurisdiction, think about ways to recognize and reinforce what people are doing right.
47 See Blanchard and O’Connor, Managing By Values, chapter VI.
BRIGHT IDEA:
SELECT VALUES FOR PARTICULAR FOCUS
One technique for reinforcing compliance with the code is to select a value for particular focus and discussion during a meeting. For example, one city manager describes how she incorporated the city’s fiscal responsibility discussion into a staff meeting on budget matters. The staff incorporated the city’s values into a series of budget principles to help guide the council’s budget approval process.
The process of integrating the city’s values into a difficult decision-making process helped make the ethics code real and was well received.
94 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 49 BRIGHT IDEA:
CORE VALUES
WORKSHEET
FOR GROUPS
The City of Santa Clara
has developed a worksheet
to assist with training
employee workgroups on
the city’s ethics code. The
worksheet lists the values
and the expressions
(columns one and two on
the values menu in
chapter 4) out on the
worksheet and then asks
employees to rate (on a
scale of one to four, with
one being very high and
four being very low):
• How important a value
is to their particular job;
and
• Their perceived skill
level on that value.
The worksheet then asks
employees to brainstorm
ways to develop skills
in a particular area.
These worksheets
prepare the employees
for the discussions in
the training sessions.
A colleague of yours is very active in an association of agencies like yours. She diligently attends conferences organized by the association and brings conference materials back to share with her colleagues. She also makes a point of making a brief report about the conference at the appropriate point in meetings of your agency’s governing board. After one such report, you say:
I really appreciate these reports. It helps both the
public and me understand what our agency gets out
of our participation in this association and attending
these conferences [value: careful use of public
resources]. Receiving the conference materials also
helps me learn, even though I was not able to attend
the conference. [values: more careful use of public
resources and concern for colleagues] It also means
our agency is part of a larger discussion of issues
affecting our ability to serve our community at the
state/regional level. [values: vision/leadership]
MAKING THE CODE REAL: EXAMPLE
The goal is to create a culture of ethics built around the values that are important to the agency and then create a culture of recognition for the everyday ways that individuals put those values into action.
If your agency’s code applies to employees, work with your top management to reinforce a culture of recognition by celebrating the efforts of those employees whose actions reflect the agency’s values. In addition to day-to-day recognition, such recognition should be a part of each employees’ annual performance review, just as the degree to which supervisors promote a culture of recognition should be part of their annual performance review.
95 50 C HAPTER 5
RECRUIT WITH ETHICS IN MIND
If your agency’s code applies to board and commission appointees and/ or staff, include ethics issues in the selection process. Some ways to do this include:
• Refer to the Agency’s Code in the Application Materials. This highlights the importance of the code to the agency.
• Interview for Ethics. In the interview, describe a scenario relevant to the position in question that implicates one or more of the values in the agency’s code. Ask the applicant how he or she would analyze the situation. Does the applicant recognize the question as presenting ethical issues? Does the applicant make reference to the agency’s code in the applicant’s response?
• Sign the Code upon Joining the Team. Include the code along with a signature line in the various documents an individual is asked to fill out after having been selected (see also section on training, below).
By highlighting the importance of ethics during the recruitment process, the agency underscores the agency’s commitment to its code. This also helps the agency identify those potential appointees and employees who will readily embrace the values in the agency’s code. It will also help the agency identify those who will help the agency make the code a success.
TRAINING
If a person’s conduct is governed by the agency’s code, that individual should receive training on the code, either upon the code’s adoption or upon joining the agency team. “Ethics training is critical,” says Art Madrid, Mayor of La Mesa.
Two relatively practical training options include:
• Have the individual review the code and think of specific ways it will affect his or her service to the agency (a modified version of the exercise agency officials went through in adopting the code, see the third column on the values menu in chapter 4); and BRIGHT IDEA:
USING THE
REVIEW
PROCESS TO
BROADEN CODE
APPLICATION
The review process can
also be a springboard
for expanding the code’s
application to additional
people. The agency’s
governing board can
direct staff to begin the
consultation process so
that the suggested
modifications to the
code will be ready by
the code’s first
anniversary.
Irrespective of whether
an expansion of the
code is planned, the
agency should commit
to an abbreviated
version of the code
adoption process as part
of an annual review of
the code. This review
can also include
community and selfassessment on how
the agency performed
in conforming their
conduct to the values
expressed by the code.
96 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 51 • Develop scenarios/case studies for ethical dilemmas implicating the values in the code and then having small group discussions on how the dilemma should be resolved.
The goal of the training is to relate the concepts in the code to the day-today realities of the individual receiving the training. As with any adult learning experience, the more interactive and engaging the experience is, the more effective the training will be.
Some private sector companies use online training on their ethics codes; other companies offer online training services on their ethics codes.48
THE IMPORTANCE OF AN ANNUAL REVIEW
Reviewing the code annually serves a number of critical purposes in the implementation strategy, according to Jennifer Sparacino, Santa Clara City Manager. She notes that the review process is an opportunity to:
• Increase people’s awareness of the code;
• Engender enthusiasm for the code;
• Broaden the number of people involved with the code; and • Keep the code a vital document.
The annual review process is also an opportunity to celebrate successes under the code.
LOCAL ETHICS
CODE AND THE
CAMPAIGN
CONDUCT CODE
IN CANDIDATE
ORIENTATIONS
A number of local
agencies conduct
candidate briefings or
orientations. Including a
segment on the agency’s
code and the relationship
of the state’s “Code of
Fair Campaign Practices”
to the local code will
highlight your agency’s
commitment to ethics
in both campaigning
and public service.
It also highlights the
ethics-in-politicalcampaigning issue for
any media attending
the orientation.
The goal is to help the
media and the public to
be better equipped to ask
the question of whether
candidates are “fit” for
the office they seek
based on whether they
demonstrate commitment
to the community’s
prevailing ethical norms
in public service.
48 Winter, Gretchen A. and Simon, David J., “Code Blue, Code Blue: Breathing Life into Your Company’s Code of Conduct,” ACCA Docket, November/December 2002, at 72, 82-84.
BRIGHT IDEA:
97 52
PROMOTING THE CODE WITHIN
THE COMMUNITY
Once the code has been adopted, think about ways to publicize the code to the community and those who regularly interact with your agency. • Post the code prominently on your agency’s website;
• Talk up the code in meetings with community leaders and in presentations to service clubs; and
• Distribute the code to those who do business with the city, for example in attachments to requests for proposals or as a general mailing to all vendors expressing the agency’s appreciation for the opportunity to do business with vendors.
These efforts provide positive exposure for the agency’s efforts in the ethics area. They also enable the community to hold agency officials accountable for conforming their conduct to the code.
A SPECIAL NOTE ABOUT ETHICS CODES
AND CAMPAIGNS
Political interest [can] never be separated in the long run from moral right.
– Thomas Jefferson
What about ethics codes as they relate to local campaigning? After an agency has adopted its code, it may want to determine whether some of the values and expressions of those values are relevant to campaigns. The City of Santa Clara did this and conducted a number of workshops about its ethics code and its relevance to campaign conduct for candidates, their managers and supporters.49 The city reports that acquainting candidates with the city’s values produced good results in terms of a more positive campaign with fewer personal attacks.
49 Santa Clara’s work in this regard was featured in the December 2002 issue of Western City magazine (article begins on page 29). Santa Clara won the League of California Cities’ prestigious Helen Putnam Award for its efforts.
C HAPTER 5
98 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 53 There are basic principles of decency, honesty, and fair play which every candidate for public office in the State of California has a moral obligation to observe and uphold, in order that, after vigorously contested, but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues.
THEREFORE:
(1) I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents or political parties which merit such criticism. (2) I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life. (3) I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on race, sex, religion, national origin, physical health status, or age. (4) I SHALL NOT USE OR PERMIT any dishonest or unethical practice which tends to corrupt or undermine our American system of free elections, or which hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, enrolling to vote, or voting. (5) I SHALL NOT coerce election help or campaign contributions for myself or for any other candidate from my employees.
(6) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or group which resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics which I condemn. I shall accept responsibility to take firm action against any subordinate who violates any provision of this code or the laws governing elections.
(7) I SHALL DEFEND AND UPHOLD the right of every qualified American voter to full and equal participation in the electoral process.
I, the undersigned, candidate for election to public office in the State of California or treasurer or chairperson of a committee making any independent expenditures, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices.
____________Date _______________________________________________Signature CALIFORNIA’S CODE OF FAIR CAMPAIGN PRACTICES
99 54 C HAPTER 5
Another thing to keep in mind is that California law requires all candidates to be given the opportunity to sign a code of campaign conduct.50 The code is provided to a candidate at the time he or she is given the papers necessary to run for office. The local elections official keeps copies of all signed codes on hand for public inspection until 30 days after the election.51 A candidate’s agreement to abide by the code is voluntary.52 For the text of the code, see sidebar on page 53.
50 See Cal. Elec. Code § 20440.
51 See Cal. Elec. Code § 20442.
52 See Cal. Elec. Code § 20444.
100
INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 55 Conclusion ................................... 55
IN THIS CHAPTER
CHAPTER 6: CONCLUSION
“The way to succeed is never quit. That’s it.
But really be humble about it.”
– Alex Haley, 20th-century American author
“The greater the obstacle the more glory in overcoming it.” – Jean Baptiste Molière, 17th-century French dramatist
Is adopting an ethics code going to change the community’s perception of agency officials overnight? No. But the process of adopting and implementing an ethics code can have several benefits. Among them is the opportunity to make a meaningful commitment to ethical values in public service. Another is meeting the public’s expectations regarding how its public servants should behave.
To achieve these benefits, the agency needs to do more than simply adopt a suggested “model” ethics code. The agency must make a concerted effort to reflect on the ethical values that should inform a public official’s behavior. It must then assiduously put these values into action.
An ethics code is not a “silver bullet” solution to ethics issues for an agency. But, by committing to both a process of developing and implementing a values-based ethics code, an agency and its officials can be better prepared for challenges they may face.
There is also a synergy when multiple agencies make this commitment and adopt a code.
If significant numbers of local agencies adopt and genuinely implement such values-based ethics codes, it will provide empirical support for the proposition that many believe to be true – that local government is the most responsive, ethical and accountable level of government.
Let the Institute for Local Self Government know what your agency decides to do, what you learn from the experience and how this guide can be improved. We welcome your feedback in all forms.
101
56 This page was left intentionally blank.
C HAPTER 6
102
INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 57 Websites ....................................... 57
Publications ................................. 59
IN THIS CHAPTER
RESOURCES OF INTEREST
WEBSITES
American Society for Public Administration. This organization has an interesting, values-based professional ethics code.
www.aspanet.org/ethics/coe.html
Center for the Study of Ethics in the Professions. Sponsored by the Illinois Institute of Technology, this site provides links to ethics codes online. www.iit.edu/departments/csep
City Ethics. A collaborative effort with the Council on Governmental Ethics, this site features presentation materials from conferences and links to other ethics sites.
www.cityethics.org
Communities of Character. Communities of Character is a comprehensive and practical approach to character education and training which helps organizations define their core values.
Groups identify the ideals that will shape behavior.
www.communitiesofcharacter.org
Ethics Toolkit. An interesting site offering a “toolkit” for adopting ethics codes.
www.ethics.org/toolkit.html
Independent Commission Against Corruption. This site has a 200-plus page guide entitled “Practical Guide to Corruption Prevention.” www.icac.org
Ethics Codes and Campaigns. This site has information for candidates, media and the public about promoting voluntary codes of campaign conduct.
http://www.campaignconduct.org/
103
58 R ESOURCES OF I NTEREST
PUBLICATIONS
Berman, Evan M., West, Jonathan P., Bonczek, Stephen J. (editors), The Ethics Edge, International City/County Management Association:
1998.
Blanchard, Ken & O’Connor, Michael, Managing By Values, Barrett-Koehler Publishers: 1997.
Josephson Institute of Ethics, Preserving the Public Trust: Five Principles of Public Service Ethics, Josephson Institute of Ethics:
1997.
Kazman, Jane G. and Bonczek, Stephen J., Ethics in Action: Leader’s Guide, International City-County Management Association: 1999.
Kidder, Rushworth M., How Good People Make Tough Choices, Simon & Schuster: 1995.
Lewis, Carol W., The Ethics Challenge in Public Service:
A Problem Solving Guide, Jossey-Bass Publishers: 1991.
Mackenzie, G. Calvin & Hafken, Michael, Scandal Proof:
Do Ethics Laws Make Government Ethical? Brookings Institution Press: 2002.
Wear Simmons, Charlene, Roland, Helen, Kelly-DeWitt, Jennifer, Local Government Ethics Ordinances in California, California Research Bureau: March 1998 (available online at www.library.ca.gov/ CRB/98/02/98002.pdf).a Local Agency Code of EthicsRev9_1.doc 104
INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 59 Publication Order Form To order publications, fill out this order form and mail it with your payment to the address shown below.
Thank you for your order.
TITLE SKU # QUANTITY UNIT PRICE TOTAL
Developing a Local Agency Ethics Code: A ProcessOriented Guide1505 $20.00 Ethics Law Training for Local Law Officials (Video) 1376 $15.00 10% discount for orders
of five or more copies of
the same publication.
All prices include sales tax.
MAILING ADDRESS:
CITY: STATE:ZIP CODE:
NAME:
TELEPHONE:
( )
FAX:
( )
Payment Information:
CARDHOLDER’S NAME:
❑ Check enclosed made payable to the
LEAGUE OF CALIFORNIA CITIES
❑ Visa ❑ MasterCard
CREDIT CARD NUMBER:
EXPIRATION DATE:
AUTHORIZED SIGNATURE:
LEAGUE OF CALIFORNIA CITIES
ATTN: Helen Marshall – CityBooks
1400 K Street, Suite 400
Sacramento, CA 95814
Phone : (916) 658-8257 (direct line to Publications)
Fax: (916) 658-8220 (direct fax to Publications)
Mail or fax with payment to:
TITLE:
STREET ADDRESS: (NO P.O. BOX PLEASE)
Payment must be included
to process order.
Ethics & the Elected Offiicial: Avoiding the Slippery
Slope (Video) 1299 $15.00
Shipping &
Shipping/Handling Charges Handing
Order Amount Add
$1 – $9.99 ..................................................... $3.00 $10 – $24.99 ................................................. $7.00 $25 – $74.99 ................................................. $9.00 $75 – $124.99 ............................................. $13.00 $125 – $199.99 ........................................... $16.00 $205 – $349.99 ........................................... $20.00 $350 and up ......................................... 8% of total A Local Official’s Guide to Ethics Laws 1181 $10.00
TOTAL
105
Developing a Local Agency Ethics Code:
A Process-Oriented Guide
SKU: 1505 Price: $20.00
1. What An Ethics Code Is. An ethics code
reflects the agency’s shared values in public
service, leadership and decision-making.
A code reflects upon the agency and gives
the public confidence about the agency’s
values and priorities.
2. The Process Is As Important As the
Product. While it makes complete sense to
start with a review of other agencies’ codes,
it is important to have your agency’s code
reflect the unique values and priorities for
your community. It is also important for
those whose conduct will be guided by the
code to have input into the content.
3. Style Matters. An agency’s code should be
written in simple, direct language. Standards
should be stated as much as possible in the
positive (what kinds of conduct are desired
as opposed to what is prohibited). Illustrate
the standards for greater clarity and understandability (What does a particular standard or value look like in practice? What kinds of
behavior are inconsistent with the particular
standard or value?). Avoid legalistic language
at all costs.
4. Values-Based versus Rule-Based Codes.
Rules-based codes speak in terms of “don’ts”.
Values-based codes speak more in terms
of aspirations and priorities (“do’s”). The
concept underlying this guide is that valuesbased codes serve as a positive complement to the current framework of ethics laws
in California.
5. Adoption of the Code Is Just the First
Step. For the agency’s ethics code to truly
make a difference, the values expressed in the
code need to be communicated and applied.
The code needs to be communicated to all
whose behavior is intended to be guided by
the code; training/orientation sessions need
to cover the code and its importance to the
community. This is how officials “walk-thetalk,” and the “walk” needs to start at the upper-most levels of the organization.
6. Periodic Review Helps. Periodically
reviewing the principles in the code (this
guide recommends an annual review)
keeps the code current and in everyone’s
consciousness—including the public’s. This
process can include the addition or revision
of standards, as well as the expansion of the
code’s application to others in the agency.
7. Accountability. Self-accountability is the
most constructive approach. A helpful
question to pose in a situation in which it
appears conduct inconsistent with the code
will occur or has occurred is whether a
particular course of action is or isn’t (was or
wasn’t) consistent with the agency’s ethics
code and values. When a heavier hand is
necessary, any warning and counseling of
individuals about the importance of adhering
to the code should be done in a fair, consistent and even-handed manner.
TOP SEVEN THINGS TO KNOW ABOUT ETHICS CODES
106
Local Ethics Policy Update
City Council
May 26, 2026
1 107
Current Ethics Policy: Resolution No. 1992-49
Topics Covered
• Financial conflicts / recusal
• Conduct Should Build Public Trust
• Gifts
• No disclosure of confidential information for personal gain • No use of city time, resources, equipment for private gain • Contracts with City
• Outside employment
• No discussion of future employment with vendors
2 108
Applicability
• Applies to appointed employees and officials
• Guidelines only as to elected officials and non-appointed employees Enforcement
• Hearing panel to determine if substantial evidence of violation exists • If so, matter referred to City Council for appropriate action Current Ethics Policy: Resolution No. 1992-49
109
Political Reform Act
• $630 from single source
• Exceptions for personal relationships
• Honoraria not allowed
• Revolving door: 1-year ban if
compensated
Current Ethics Policy: Resolution No. 1992-49
City Ethics Policy
• Cumulative gift limit of $1000
• No exceptions for personal
relationships
• Exception for honoraria
• Revolving door: 6-month ban
110
Resolution No. 2010-101: City Council cannot appoint relative to employment or board / commission
Personnel Rules (2025): Rule X (Anti-Nepotism), which addresses the management of related employees, including those related to councilmembers.
Financial Policy (2025): prohibits any employee or official from accepting a gift of any value from anyone doing or seeking to do business with City.
Current Ethics Policy: Anti-Nepotism
111
• Core values of integrity and honesty, responsibility for protecting the public’s interests, fairness and accountability, respect for fellow officials, staff and the public, and proper and efficient use of public resources.
• Applies to the city council and all members of boards, commissions, and committees appointed by the city council.
• It also includes provisions for implementation and enforcement. 6 City of Santa Ana
112
• Address the values of ethics, professionalism, public service, fiscal responsibility, efficiency / organization, communication, collaboration, and innovation.
• Applies to elected and appointed officials, employees, and volunteers. 7 Santa Clara
113
• Requires that councilmembers:
• model civility
• Invite and respect public input
• Recognize that elected officials and city staff are on the same team in service to the community • Promote clear communication, work collaboratively, consider the larger picture in decision- making and actions • Be accountable for actions and words
• Don’t misuse city-issued letterhead
• Display empathy for colleagues, staff, and the public • Embrace diversity
• Promote fair and consistent processes
• Are truthful with their colleagues and the public
• Act consistently with words
• Comply with the letter and spirit of laws
8 Carlsbad
114
• Includes values of responsibility, fairness, respect, and honesty. • Applies to the city council and its appointed boards and commissions. 9 Watsonville - 2013
Current Ethics Policy for the City of South Lake Tahoe
Watsonville
115
(1) On what topics, if any, does the City want to update its local ethics policy? 10 Questions for Council
116
(2) Who would the policy apply to?
11 Questions for Council
117
(3) What process is desired to achieve this update?
12 Questions for Council
118
QUESTIONS?
13 119