City Council Agenda Report
Meeting Date: November 7, 2023
From: Carlos Fandino, City Administrator
Department: City Administration
Submitted by: Lilia Hernandez, Assistant to City Administrator Subject
Administrative Policy Manual – City Gift Policy
Recommendation
A. Adopt Administrative Policy Manual Section 1.6 – City Gift Policy; and B. Authorize the City Administrator to execute and distribute the Policy to all City officials and employees including Council Members, and Board, Commission and Committee members.
Background
City officials and employees are agents of the public and serve for the benefit of the public. While gifts may be well-intended gestures offered to City officials and employees in a genuine show of appreciation or gratitude, receiving gifts can present a host of issues for public officials and employees as the acceptance of gifts can convey an appearance of favoritism and conflict of interest. Gifts can be perceived as attempts to influence City operations and purchases, or as compensation for services rendered and can erode the public confidence in the impartiality of decision made by City officials and employees.
The purpose of the proposed City Gift Policy (Policy) is to promote elevated standards of ethics in the City by establishing rules and guidelines for use by all elected and appointed City officials and employees as it relates to receiving/accepting of gifts. With the holiday season approaching, it is timely for the City Council to adopt the proposed Policy that is applicable to all elected and appointed City officials, City officers, including Board and Commission members and all City employees. The Policy prohibits any gift or gratuity for the performance of an act which they would be required or expected to perform in the regular course of their duties, or from any entity or individual with business before the City. The Policy does not prohibit the acceptance of any gift that meets one of the exceptions under the Political Reform Act or is (i) consumable and placed in a space where the item can be shared by City employees, (ii) has a fair market value of $50 or less, and (iii) the cumulative value of any such gifts received from a single source does not exceed $50.00 within any calendar year. The Policy does not prohibit a gift or donation to the City in furtherance of its governmental purposes.
The City Gift Policy is supplemental to the gift limitations and reporting requirements set forth by the Political Reform Act and Fair Political Practices Commission (FPPC) relative to the acceptance and reporting of gifts. As noted in the Policy, the FPPC investigates suspected violations of the Political Reform Act, and other law enforcement agencies (the Attorney General or District Attorney) may initiate investigations under certain circumstances and may ultimately result in monetary fines, disqualification from holding elective office, in addition to other penalties that may be imposed. City employees in violation of this policy or any applicable gift and conflict of interest disclosure provision may also be subject to City discipline, up to and including termination. A draft of the Policy was provided to all employee bargaining units for review and no comments or requests to meet and confer were received.
As stewards of the public’s trust, it is important that the public know that City officials and employees provide services and make decisions based on fair and objective criteria, and that gifts and other such gestures do not influence our actions. The City Gift Policy applies yearround.
Fiscal Impact
There is no fiscal impact associated with this report.
Attachments
1. Administrative Policy Manual Section 1.6 – City Gift Policy