Resolution No. 2024- 09- 17- 1501
STOCKTON CITY COUNCIL
A RESOLUTION ADOPTING THE PROPOSED CITY COUNCIL POLICY MANUAL CHAPTER 3. 13, COUNCILMBER AND COMMISSIONER CONDUCT POLICY AND
ASSOCIATED CREED FOR COUNCILMEMBERS AND COMMISSIONERS
The Creed for Councilmembers was approved by the City Council in the mid-1980s; and
The Legislation and Environmental Committee directed staff to redraft the Creed to current standards and to include Commissioners; and
The Creed was best supported by a Council Policy stating Councilmember and Commissioner Conduct standards; and
The Legislation and Environmental Committee directed staff on August 28, 2024, to forward the recommendation to Council to adopt the proposed City Council Policy Manual Chapter 3.13 Councilmember and Commissioner Conduct Policy and the associated Creed for Councilmembers and Commissioners; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. City Council approves the proposed City Council Policy 3. 13 entitled Councilmember and Commissioner Conduct Policy;" attached hereto as "Exhibit 1."
2. City Council approves the associated Creed for Councilmembers and Commissioners; attached hereto as " Exhibit 2."
3. The City Manager is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED September 17, 2024
ATTEST:
1 j
KATHERINE ROI.AND, CMC, C
Interim City Clerk of the City of Stockton
KEVINJ1J_INC'OLN\II
Mayor of the City of Stockton
Attachment C
EXHIBIT 1
3.13.010 Policy.
The proper operation of democratic government requires that public officials be independent and impartialin theirjudgmentandactions; thatgovernmentdecisionsandpolicybemadein theproper channels of the governmental structure; that public office not be used for personal gain; and that the publichaveconfidencein theintegrity of its governmentandpublic officials.
And that the realization of these ends is impaired whenever there exists, or appears to exist, an actual or potential conflict between the private interests of a governmental official and his or her public duties. Public interest requires high standards with respect to official conduct.
Therefore, theCity Councilsetsthefollowing standardsof conductfor Councilmembersand Commissioners.
1) NORMS AND EXPECTATIONS
i) Members shall:
1) Always put constituents first.
2) Treateachother, staff, andmembersof thepublic with dignity, courtesy, and respect.
3) Value all opinions, be tolerant of new and different ideas, and encourage creativity andinnovation.
4) Follow through on commitments and be accountable to each other. 5) Clarify when items are discussedin confidence and maintain appropriate confidentiality.
6) Be attentiveto others, limiting interruptions anddistractions. 7) Encouragedissentin debatewhile beingmindful not to prolong discourseor block consensus.
8) Becandidwith eachotheraboutideasandfeelingsandresolveconflictsdirectly. 9) Keep comments clear, concise, and on -topic to maximize opportunities for all to express themselves.
10) Continuously strive to improve how memberswork asa team. 11) Placeclearandrealisticdemandson staffresourcesandtime whenrequesting action.
12) Start and end meetings on time, work from an agenda, and be present, attentive, and prepared,
13) Present problems in a way that promotes discussion and resolution.
Attachment C
EXHIBIT 1
14) Continually work to build trust in eachother.
2) GENERAL CONDUCT
i) Members shall:
1) Treateachotherandeveryonewith courtesyandrefrainfrom inappropriate behavior and derogatory comments.
2) Be fair, impartial, andunbiasedwhen voting on quasi-judicial actions. 3) Use the speakersequencing systemto inform the presiding officer of their wish to speak andwait to be acknowledgedby thepresidingofficer before speaking. 4) Move to requirethepresidingofficer to enforcetheseRules, andthepresiding officer shalldosouponanaffirmativevoteof amajority of thememberspresent. 5) Preserveorder anddecorum during the meeting.
6) Not delay or interrupt the proceedingsor the peaceof the council, nor disturb any memberwhile speaking, by conversationor otherwise, nor disobeythe orders of the council, or the presiding officer, except as otherwise herein provided.
7) Supportthe laws establishedby the council.
8) Abide by theseRules in conducting the businessof the City of Stockton. 9) Affirm their commitmentto theseRulesby signingthe Creedfor Councilmembers and Commissioners.
3) CONDUCT WITH MEMBERS
i) Members shall:
1) Value each other' s time.
2) Attempt to build consensuson an item through anopportunity for dialogue; but whenthis is not possible, themajority vote shallprevail, andthemajority and minority shall show respect for the opinion of all parties. 3) Havethe right to dissentfrom, protest, or comment uponany action of the council.
4) Respecteachother's opportunity to speakand, if necessary, agreeto disagree. 5) Avoid offensive negativecommentsandpracticecivility and decorumduring discussions and debate.
6) Assistthepresidingofficer' s exerciseof the affirmative duty to maintainorder. 4) CONDUCT WITH CITY MANAGER AND STAFF
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EXHIBIT 1
i) Membersof thecity councilshall:
1) Speakto thecity managerdirectly on issuesandconcerns. 2) Direct the city manager, by majority vote, to implement councilpolicy decisionsthroughtheadministrativefunctionsof thecity.
3) Treatstaffprofessionallyandrefrainfrompublicly criticizing individual employees.
4) Avoid involvementin andcommentaryonpersonnelissuesexceptduring council closed sessionsregarding council -appointed staff, which includesthe city attorney, city auditor, city clerk, and city manager. 5) Discussdirectlywith thecity attorney, city auditor, city clerk, andcity manager, asappropriate, any displeasurewith a department or staff. 6) Requestanswersto questions oncouncilagendaitemsfrom thecity attorney, city auditor, city clerk, and city manager prior to the meeting whenever possible. ii) General Direction
1) Councilrequeststhatdealwith policy issuesandcouncilrequeststhatmaybe construedasdirectionmustbedirectedto thecity manager. Membersmay also dealdirectlywith thecity attorney, city clerk, city auditor. 5) CONDUCT WITH THE PUBLIC
i) Members shall:
1) Make the public feel welcome.
2) Be impartial, respectful, and without prejudice toward the public. 3) Listen courteouslyandattentively to public comment.
4) Not argue back and forth with members of the public. 5) Makenopromisesto thepublic onbehalfof thelegislativebody. 6) CONDUCT WITH OTHER AGENCIES
i) Members shall:
1) Projectapositiveimageof the city when dealingwith otheragencies. 2) Show tolerance and respect for other agencies' opinions and issues and, if necessary, agreeto disagree.
3) Represent official policies or positions of the council when designated as delegates of a legislative body.
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EXHIBIT 1
4) Explicitly statewhen their opinions andpositions do not representthe legislative body when representingtheir individual opinions andpositions, andnot allow the inferencethatthey do.
5) Havetheability to lobbyor discussissuesthathavebeenadoptedby legislative bodiesor arestandingpolicies of the legislative bodieswith other legislators, government officials, applicants, or other interested persons. 7) CONDUCT WITH BOARDS AND COMMISSIONS
i) Councilmembers shall:
1) Treat all members of boards, commissions, and committees with appreciation and respect.
2) Refrain from participation at board, commission, and committee meetings with the purposeof influencing the outcome of thosemeetings. 8) CONDUCT WITH THE MEDIA
i) Councilmembersshallconductthemselvesin accordancewiththeCity Council CommunicationGuidelinesasstatedwithin theCouncilPolicyManual ii) Members shall not discuss — or go " off the record" with the media to discuss — confidentialor privilegedinformationpertainingto closedsessions, or attorney- client privileged or attorneywork product communications, including butnot limitedtopersonnel, litigation, or realpropertynegotiations. iii) Providing non -confidential, non -privileged background information is acceptable. 9) ETHICAL CONDUCT
i) Membersshallconductthemselvesin accordancewith theCouncilPolicyManual Conflict of Interest CodeandCodeof Ethics including but not limited to:
1) Members shallcomplywith theCity Charternepotismpolicies. 2) Membersshallcomplywith theMayorandCouncilDiscretionaryFunding Policy asstatedin theCouncil Policy Manual.
3) Membersareobligatedto complyAssemblyBill 1234by completingethics trainingwithin 30daysof takingoffice andat leasteverytwo years. 4) Membersareobligatedto complywith AssemblyBills 1825and 1661by completingsexual harassmenttraining within 6 monthsof taking office andat leasteverytwo years.
5) Members shall follow the Political Reform Act and Fair Political Practices Commission regulations.
6) Members shall conduct themselves in accordance with all policies and training.
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EXHIBIT 2
CREED FOR COUNCILMEM RS AND COMMISSIONERS
As a public official, I believe:
That the proper operation of democratic government requires that public officials be independent and impartial in their judgment and actions; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government and public officials.
And that the realization of these ends is impaired whenever there exists, or appears to exist, an actual or potential conflict between the private interests of a governmental official and his or her public duties. Public interest requires high standards with respect to official conduct.
Therefore, as a public official of the City of Stockton, l assert mysolemn belief that the primary responsibility for maintaining a high level of conduct among city officials and employees falls upon the Council asthe governingbody elected bythe people. Consequently, as a public official, I believe it is my duty to uphold the expectations of the Council Policy on Conduct of Councilmembers and Commissioners. In accordance with those polices I commit to:
1. Represent andwork for the common good of the people of my city and not for private interest, assuring fair and equal treatment of all persons, claims, and transactions coming before me in my official capacity.
2. Learnthe background and purposes of all action items before voting and request answers to questions on council agenda items from the city manager, city attorney, and city clerk prior to the meeting whenever possible.
3. Refrainfrom disclosing confidential information concerning the city government, in accordance with the provisions of the Brown Act. f understand that speaking on activity during Closed Session is a violation of the Brown Act and I may not share Closed Session information with anyone.
4. Help the Council maintain the highest standard of rules of conduct by refusingto approve breaches of public trust or improper attempts to influence legislation and by being willing to vote to censure any public official who willfully violates the duly established rules of conduct. Censure should befor just cause and not for political purposes consistent with the Council Censure Policy.
5. Uphold the standards outlined in the Council PolicyManual Decorum policy.
6. Faithfully perform my duties as a public official by attending all sessions of the meeting body and if applicable, its committees of which I am a member, unless unable to do so for some compelling reason or disability. I will make every attempt to be punctual and ready to conduct business.
Signature Date
Printed Name Title of Office
Attachment C