SR 06-08-2021 13B 13.B
June 8, 2021
Council Meeting: June 8, 2021 Santa Monica, California
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CITY CLERK’S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Records & Elections Services
Department
Date: June 8, 2021
13.B Request of Mayor Himmelrich that Council direct staff to prepare a Code of
Conduct and Ethics for the City Council to adopt and follow. The current
Code of Ethics for city employees does not clearly apply to council
members and contains no enforcement provisions. A Code of Conduct and
Ethics similar to the attached sample codes has been adopted by many
cities.
13.B
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City of Sunnyvale
2021 Code of Ethics and Conduct for
Elected and Appointed Officials
"Conduct is three-fourths of our life and its largest concern."
-- Matthew Arnold
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Table of Contents
Title Page No.
A. Ethics 3
B. Conduct 5
1. Elected and Appointed Officials’ Conduct with One Another 5
2. Elected and Appointed Officials’ Conduct with City Staff 7
3. Elected and Appointed Officials’ Conduct with the Public 10
4. Council Conduct with Other Public Agencies 12
5. Council Conduct with Boards and Commissions 12
6. Conduct with the Media 13
C. Sanctions 14
D. Principles of Proper Conduct 16
E. Checklist for Monitoring Conduct 17
F. Glossary of Terms 17
G. Implementation 17
APPENDIX A - Model of Excellence Member Statement 19
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Policy Purpose
The Sunnyvale City Council has adopted a Code of Ethics and Conduct for members of the City
Council and the City’s boards and commissions to assure public confidence in the integrity of local government and its effective and fair operation. A. ETHICS
The citizens and businesses of Sunnyvale are entitled to have fair, ethical and accountable local government which has earned the public’s full confidence for integrity. In keeping with the City of Sunnyvale Commitment to Excellence, the effective functioning of democratic government therefore requires that:
public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government;
public officials be independent, impartial and fair in their judgment and actions;
public office be used for the public good, not for personal gain; and
public deliberations and processes be conducted openly, unless legally confidential, in an
atmosphere of respect and civility. To this end, the Sunnyvale City Council has adopted a Code of Ethics and Conduct for members of the City Council and of the City’s boards and commissions to assure public confidence in the integrity
of local government and its effective and fair operation. The Ethics section of the City’s Code of
Ethics and Conduct provides guidance on ethical issues and questions of right and wrong. 1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Sunnyvale and not
for any private or personal interest, and they will assure fair and equal treatment of all persons,
claims and transactions coming before the Sunnyvale City Council, boards and commissions. 2. Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with the laws of the nation, the State of California and the City of Sunnyvale in the performance
of their public duties. These laws include, but are not limited to: the United States and California
constitutions; the Sunnyvale City Charter; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies.
3. Conduct of Members. The professional and personal conduct of members must be above
reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, boards and commissions, the staff or public.
4. Respect for Process. Members shall perform their duties in accordance with the processes and
rules of order established by the City Council and board and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff.
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5. Conduct of Public Meetings. Members shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business
at hand. They shall refrain from interrupting other speakers; making personal comments not
germane to the business of the body; or otherwise interfering with the orderly conduct of meetings. 6. Decisions Based on Merit. Members shall base their decisions on the merits and substance of the
matter at hand, rather than on unrelated considerations.
7. Communication. Members shall publicly disclose substantive information that is relevant to a matter under consideration by the Council or boards and commissions, which they may have received from sources outside of the public decision-making process.
8. Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest.
In accordance with the law, members shall disclose investments, interests in real property,
sources of income, and gifts; and they shall abstain from participating in deliberations and decision-making where conflicts may exist. 9. Gifts and Favors. Members shall not take any special advantage of services or opportunities for
personal gain, by virtue of their public office, that are not available to the public in general. They
shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.
10. Confidential Information. Members shall respect the confidentiality of information concerning
the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.
11. Use of Public Resources. Members shall not use public resources not available to the public in
general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes. 12. Representation of Private Interests. In keeping with their role as stewards of the public interest,
members of Council shall not appear on behalf of the private interests of third parties before the
Council or any board, commission or proceeding of the City, nor shall members of boards and commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.
13. Advocacy. Members shall represent the official policies or positions of the City Council, board
or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Sunnyvale, nor will they allow the inference that they do.
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Councilmembers and board and commission members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention or display endorsements
during Council meetings, board/commission meetings, or other official City meetings.
14. Policy Role of Members. Members shall respect and adhere to the council-manager structure of Sunnyvale City government as outlined by the Sunnyvale City Charter. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided
by the public, boards and commissions, and City staff. Except as provided by the City Charter,
members therefore shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions.
15. Independence of boards and commissions. Because of the value of the independent advice of
boards and commissions to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of board and commission proceedings.
16. Positive Work Place Environment. Members shall support the maintenance of a positive and
constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.
B. CONDUCT
The Conduct section of the City’s Code of Ethics and Conduct is designed to describe the manner in which Councilmembers and board and commission members should treat one another, City staff, constituents, and others they come into contact with in representing the City of Sunnyvale. It reflects
the work of a Council Policy and Protocol Subcommittee that was charged with defining more clearly
the behavior, manners, and courtesies that are suitable for various occasions. The Subcommittee also considered a wide variety of policy changes and clarifications designed to make public meetings and the process of governance run more smoothly.
The constant and consistent theme through all of the conduct guidelines is "respect." Councilmembers
experience huge workloads and tremendous stress in making decisions that could impact thousands of lives. Despite these pressures, elected and appointed officials are called upon to exhibit appropriate behavior at all times. Demonstrating respect for each individual through words and actions is the touchstone that can help guide Councilmembers and board and commission members to do the right
thing in even the most difficult situations. 1. Elected and Appointed Officials’ Conduct with One Another "In life, courtesy and self-possession, and in the arts, style, are the sensible impressions of the free
mind, for both arise out of a deliberate shaping of all things and from never being swept away,
whatever the emotion, into confusion or dullness."
-- William Butler Yeats
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Elected and appointed officials are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public
office in order to preserve and protect the present and the future of the community. In all cases, this
common goal should be acknowledged even though individuals may "agree to disagree" on contentious issues. 1(a). In Public Meetings
Use formal titles Elected and appointed officials should refer to one another formally during public meetings, such as Mayor, Vice Mayor, Chair, Commissioner or Councilmember followed by the individual’s last name.
Practice civility and decorum in discussions and debate
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow, however, public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be
tolerated.
Honor the role of the chair in maintaining order It is the responsibility of the chair to keep the comments of members on track during public meetings. Members should honor efforts by the chair to focus discussion on current agenda items. If there is
disagreement about the agenda or the chair’s actions, those objections should be voiced politely and
with reason, following procedures outlined in parliamentary procedure. Avoid personal comments that could offend other members If a member is personally offended by the remarks of another member, the offended member should
make notes of the actual words used and call for a "point of personal privilege" that challenges the
other member to justify or apologize for the language used. The chair will maintain control of this discussion. Demonstrate effective problem-solving approaches
Members have a public stage to show how individuals with disparate points of view can find common
ground and seek a compromise that benefits the community as a whole. Outside of official board or commission meetings, individual board and commission members are not authorized to represent the City or their board or commission unless specifically designated by the
Council or the board or commission to do so for a particular purpose. In private settings, board and
commission members may communicate at any time and on any subject with individual members of the City Council, and may express to them individual viewpoints and opinions. In public, however, all members shall represent the official policies or positions of their board or commission, with the following exception. During a Council public hearing on any item addressed by the board or
commission, any member may speak under standard time limits, but shall indicate whether their
testimony represents an official position (majority opinion) or a minority opinion of the board/commission to which they belong. The chair shall represent the majority view of the board or commission, but may report on any minority views as well, including his or her own. When an official
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board or commission position differs from staff’s recommendation on a particular policy issue, then at the Mayor’s discretion additional time may be provided to the chair of the board or commission (or
his/her designee) to explain the position of the board/commission or to rebut statements made by staff
or the public. If new information is brought to light during a public hearing which was not shared previously with the board or commission, the Mayor may allow the board or commission chair to respond. If the Council deems the new information sufficient to warrant additional study, then by majority vote Council may remand the issue back to the board or commission for further study prior
to taking other action itself.
Individual opinions and positions may be expressed by board and commission members regarding items that have not come before the particular board/commission to which they belong. When presenting their individual opinions and positions, members shall explicitly state they do not represent
their body or the City of Sunnyvale, nor will they allow the inference that they do.
Although a board or commission may disagree with the final decision the Council makes, the board or commission shall not act in any manner contrary to the established policy adopted by the Council.
1(b). In Private Encounters
Continue respectful behavior in private The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations.
Be aware of the insecurity of written notes, voicemail messages, and E-mail Technology allows words written or said without much forethought to be distributed wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message were played on a speaker phone in a full office? What would happen if this E-mail message
were forwarded to others? Written notes, voicemail messages and e-mail should be treated as
potentially "public" communication. Even private conversations can have a public presence Elected and appointed officials are always on display – their actions, mannerisms, and language are
monitored by people around them that they may not know. Lunch table conversations will be
eavesdropped upon, parking lot debates will be watched, and casual comments between individuals before and after public meetings noted. In private, board and commission members may communicate at any time and on any subject with
the City Council, and may express to Council individual viewpoints and opinions.
2. Elected and Appointed Officials’ Conduct with City Staff "Never let a problem become an excuse."
-- Robert Schuller
Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected, and City staff who implements and administers the Council’s
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policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.
Treat all staff as professionals Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable.
Member questions/inquiries to City staff
1. General. Council and board/commission communications with City staff should be limited to normal City business hours unless the circumstances warrant otherwise. Responses to Council questions posed outside of normal business hours should be expected no earlier than the next business day.
2. Routine Requests for Information and Inquiries. Members may contact staff directly for information made readily available to the general public on a regular basis (e.g., “What are the library’s hours of operation?” or “How does one reserve a tee time at the golf course?”). Under these circumstances staff shall treat the member no differently than they would the general public,
and the member shall not use their elected status to secure preferential treatment. The city manager
does not need to be advised of such contacts. 3. Non-Routine Requests for Readily Available Information. Members may also contact staff directly for easily retrievable information not routinely requested by the general public so long as
it does not require staff to discuss the issue or express an opinion (e.g., “How many traffic lights
are there in the City?” or “Under what circumstances does the City lower its flags to half mast?”). 4. Non-Routine Requests Requiring Special Effort. Any member request or inquiry that requires staff to compile information that is not readily available or easily retrievable and/or that requests
staff to express an opinion (legal or otherwise) must be directed to the city manager, or to the city
attorney, as appropriate (e.g., “How many Study Issues completed over the past five years have required 500 or more hours of staff time?”, or “What is the logic behind the City’s sign ordinances affecting businesses along El Camino Real?”). The city manager (or city attorney as appropriate) shall be responsible for distributing such requests to his/her staff for follow-up. Responses to such
requests shall be copied to all Councilmembers (if originating from a Councilmember), relevant
board or commission members (if originating from a board or commission member), the city manager, the city attorney as appropriate and affected department directors. 5. Meeting Requests. Any member request for a meeting with staff must be directed to the city
manager or city attorney, as appropriate.
6. Public Safety Restrictions. Under certain circumstances, requests for information regarding operations or personnel of the Department of Public Safety may be legally restricted. Applicable statutes include: The Peace Officers’ Procedural Bill of Rights (California Government Code
Section 3300, et seq.), Confidentiality of Peace Officer Records (California Penal Code Section
832.5-7), and a number of exceptions to the California Public Records Act, defined in Government Code Section 6254. Providing information in response to such requests could violate the law, and might also violate due process rights that have been defined for peace officers in the State of
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California. Accordingly, it shall be the policy of the City of Sunnyvale to strictly comply with all applicable legal authorities governing the release of Department of Public Safety information and
records.
Do not disrupt City staff from their jobs Elected and appointed officials should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. Do not
attend City staff meetings unless requested by staff – even if the elected or appointed official does
not say anything, his or her presence implies support, shows partiality, intimidates staff, and hampers staff’s ability to do their job objectively. Never publicly criticize an individual employee
Elected and appointed officials should never express concerns about the performance of a City
employee in public, to the employee directly, or to the employee’s manager. Comments about staff performance should only be made to the city manager through private correspondence or conversation. Comments about staff in the office of the city attorney should be made directly to the city attorney. Appointed officials should make their comments regarding staff to the city manager or
the Mayor.
Do not get involved in administrative functions Elected and appointed officials must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development
applications, or granting of City licenses and permits. [See Code of Ethics] The Sunnyvale City
Charter, Section 807, also contains information about the prohibition of Council interference in administrative functions. Check with City staff on correspondence before taking action
Before sending correspondence, Councilmembers should check with City staff to see if an official
City response has already been sent or is in progress. Board and commission members shall not send correspondence except as authorized under the City’s policies governing volunteers. (Council Policy 7.2.19, Boards and Commissions.)
Limit requests for staff support
Routine secretarial support will be provided to all Councilmembers. The Council Executive Assistant opens all mail for Councilmembers, unless a Councilmember requests other arrangements. Mail addressed to the Mayor is reviewed first by the city manager who notes suggested action and/or follow-up items.
Requests for additional staff support – even in high priority or emergency situations – should be made to the city manager who is responsible for allocating City resources in order to maintain a professional, well-run City government.
Do not solicit political support from staff
Elected and appointed officials should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private
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citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace.
3. Elected and Appointed Officials’ Conduct with the Public
"If a man be gracious and courteous to strangers, it shows he is a citizen of the world, and that his heart is no island cut off from other lands, but a continent that joins to them."
-- Francis Bacon
3(a). In Public Meetings Making the public feel welcome is an important part of the democratic process. No signs of partiality,
prejudice or disrespect should be evident on the part of individual members toward an individual
participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. Be welcoming to speakers and treat them with care and gentleness. While questions of clarification
may be asked, the official’s primary role during public testimony is to listen.
"I give many public presentations so standing up in front of a group and using a microphone is not new to me. But I found that speaking in front of Council was an entirely different experience. I was incredibly nervous and my voice was shaking. I think the reason was because the issue was so personal to me. The Council was going to take a vote that would affect my family’s daily life and my
home. I was feeling a lot of emotion. The way that Council treats people during public hearings can
do a lot to make them relax or to push their emotions to a higher level of intensity." Be fair and equitable in allocating public hearing time to individual speakers. "The first thing the Mayor said to me was to be brief because the meeting was running late and the
Council was eager to go home. That shouldn’t be my problem. I’m sorry my item was at the end of
the agenda and that there were a lot of speakers, but it is critically important to me and I should be allowed to say what I have to say and believe that the Council is listening to me." The chair will determine and announce limits on speakers at the start of the public hearing process.
Questions should not be asked for the express purpose of allowing one speaker to evade the time limit
imposed on all others (e.g., “Was there something else you wanted to say?”). Generally, each speaker will be allocated three minutes with applicants and appellants or their designated representatives allowed ten. If many speakers are anticipated, the chair may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers.
No speaker will be turned away unless he or she exhibits inappropriate behavior. Each speaker may only speak once during the public hearing unless the chair requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the chair reopens the public hearing for a limited and specific purpose.
Give the appearance of active listening
It is disconcerting to speakers to have members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time or gazing around the
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room gives the appearance of disinterest. Be aware of facial expressions, especially those that could be interpreted as "smirking," disbelief, anger or boredom.
Maintain an open mind Members of the public deserve an opportunity to influence the thinking of elected and appointed officials. To express an opinion or pass judgment prior to the close of a public hearing casts doubt on a member’s ability to conduct a fair review of the issue. This is particularly important when officials
are serving in a quasi-judicial capacity.
Ask for clarification, but avoid debate and argument with the public Only the chair – not individual members – can interrupt a speaker during a presentation. However, a member can ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or
language the member finds disturbing.
If speakers become flustered or defensive by questions, it is the responsibility of the chair to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by members to the public testifying should seek to clarify or expand information. It is never appropriate to
belligerently challenge or belittle the speaker. Members’ personal opinions or inclinations about
upcoming votes should not be revealed until after the public hearing is closed. No personal attacks of any kind, under any circumstance Members should be aware that their body language and tone of voice, as well as the words they use,
can appear to be intimidating or aggressive.
Follow parliamentary procedure in conducting public meetings The city attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. The chair, subject to the appeal of the
full Council or board/commission makes final rulings on parliamentary procedure.
3(b). In Unofficial Settings Make no promises on behalf of the Council, board/commission or City
Members will frequently be asked to explain a Council or board/commission action or to give their
opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise Council or board/commission action, or to promise City staff will do something specific (fix a pothole, remove a library book, plant new flowers in the median, etc.).
Make no personal comments about other members It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other members, their opinions and actions.
Remember that despite its impressive population figures, Sunnyvale is a small town at heart
Members are constantly being observed by the community every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the City of Sunnyvale. Honesty
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and respect for the dignity of each individual should be reflected in every word and action taken by members, 24 hours a day, seven days a week. It is a serious and continuous responsibility.
4. Council Conduct with Other Public Agencies
"Always do right. This will gratify some people and astonish the rest." -- Mark Twain
Be clear about representing the City or personal interests When representing the City, the Councilmember must support and advocate the official City position on an issue, not a personal viewpoint. Outside of official board or commission meetings, board and commission members are not authorized to represent the City or their board or commission unless
specifically designated by the Council or the board or commission to do so for a particular purpose.
When representing another organization whose position is different from the City, the Councilmember should withdraw from voting on the issue if it significantly impacts or is detrimental to the City’s interest. Councilmembers should be clear about which organizations they represent and
inform the Mayor and Council of their involvement.
Correspondence also should be equally clear about representation City letterhead may be used when the Councilmember is representing the City and the City’s official position. A copy of official correspondence should be given to the Council Executive Assistant to be
filed in the Council Office as part of the permanent public record.
City letterhead should not be used for non-City business nor for correspondence representing a dissenting point of view from an official Council position.
5. Council Conduct with Boards and Commissions
"We rarely find that people have good sense unless they agree with us." --Francois, Duc de La Rochefoucauld
The City has established several boards and commissions as a means of gathering more community
input. Citizens who serve on boards and commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect.
If attending a board or commission meeting, be careful to only express personal opinions
Councilmembers may attend any board or commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation especially if it is on behalf of an individual, business or developer -- could be viewed as unfairly affecting the process. Any public comments by a Councilmember at a board or commission meeting should be
clearly made as individual opinion and not a representation of the feelings of the entire City Council.
Limit contact with board and commission members to questions of clarification
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It is inappropriate for a Councilmember to contact a board or commission member to lobby on behalf of an individual, business, or developer, and vice versa. It is acceptable for Councilmembers to contact
board or commission members in order to clarify a position taken by the board or commission.
Remember that boards and commissions serve the community, not individual Councilmembers The City Council appoints individuals to serve on boards and commissions, and it is the responsibility of boards and commissions to follow policy established by the Council. But board and commission
members do not report to individual Councilmembers, nor should Councilmembers feel they have the
power or right to threaten board and commission members with removal if they disagree about an issue. Appointment and re-appointment to a board or commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. A board or commission appointment should not be used as a political "reward."
Be respectful of diverse opinions A primary role of boards and commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers may have a closer working relationship with some individuals serving on boards
and commissions, but must be fair and respectful of all citizens serving on boards and commissions.
Keep political support away from public forums Board and commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support board and
commission members who are running for office, but not in an official forum in their capacity as a
Councilmember. 6. Conduct with the Media
"Keep them well fed and never let them know that all you’ve got is a chair and a whip."
-- Lion Tamer School
Board and commission members are not authorized to represent the City outside of official board/commission meetings unless specifically authorized to do so.
Councilmembers are frequently contacted by the media for background and quotes. The best advice for dealing with the media is to never go "off the record" Most members of the media represent the highest levels of journalistic integrity and ethics, and can
be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said
cannot be quoted.
The Mayor is the official spokesperson for the City on City positions.
The Mayor is the designated representative of the Council to present and speak on the official City
position. If an individual Councilmember is contacted by the media, the Councilmember should be clear about whether their comments represent the official City position or a personal viewpoint.
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Choose words carefully and cautiously Comments taken out of context can cause problems. Be especially cautious about humor, sardonic
asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when
talking with the media. C. SANCTIONS
"You cannot have a proud and chivalrous spirit if your conduct is mean and paltry;
for whatever a man’s actions are, such must be his spirit."
-- Demosthenes
Model of Excellence
City Councilmembers, Board and Commission Members, and Council appointees who do not sign the Model of Excellence (Appendix A) shall be ineligible for intergovernmental assignments or Council subcommittees.
Ethics Training for Local Officials
City Councilmembers, Board and Commission Members, and Council appointees who are out of compliance with State- or City-mandated requirements for ethics training shall not represent the City on intergovernmental assignments or Council sub-committees, and may be subject to sanctions.
Public Disruption
Members of the public who do not follow proper conduct after a warning in a public hearing may be barred from further testimony at that meeting or removed from the Council Chambers. Inappropriate Staff Behavior
Councilmembers should refer to the city manager any City staff or to the city attorney any City
Attorney’s staff who do not follow proper conduct in their dealings with Councilmembers, other City staff, or the public. These employees may be disciplined in accordance with standard City procedures for such actions. (Please refer to the section on Council Conduct with City Staff for more details on interaction with Staff.)
Councilmembers Behavior and Conduct Compliance and Enforcement. The Sunnyvale Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the Sunnyvale City Council, boards and commissions. Members themselves have the primary responsibility to assure that ethical standards are understood
and met, and that the public can continue to have full confidence in the integrity of government. The
chairs of boards and commissions and the Mayor and Council have the additional responsibility to intervene when actions of members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention.
City Councilmembers who intentionally and repeatedly do not follow proper conduct may be
reprimanded or formally censured by the Council, lose seniority or committee assignments (both within the City of Sunnyvale or with inter-government agencies) or have official travel restricted.
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Serious infractions of the Code of Ethics or Code of Conduct could lead to other sanctions as deemed appropriate by Council.
Councilmembers should point out to the offending Councilmember infractions of the Code of Ethics and Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being challenged, then the matter should be referred to the Vice Mayor.
It is the responsibility of the Mayor to initiate action if a Councilmember’s behavior may warrant sanction. If no action is taken by the Mayor, the alleged violation(s) can be brought up with the full Council in a public meeting.
Board and Commission Members Behavior and Conduct
Counseling, verbal reprimands and written warnings may be administered by the Mayor to board and commission members failing to comply with City policy. These lower levels of sanctions shall be kept private to the degree allowed by law. Copies of all written reprimands administered by the Mayor shall be distributed in memo format to the chair of the respective board or commission, the city clerk,
the city attorney, the city manager, and the City Council. Written reprimands administered by the
Mayor shall not be included in packets for public meetings and shall not be publicized except as required under the Public Records Act. The City Council may impose sanctions on board and commission members whose conduct does not
comply with the City’s policies, up to and including removal from office. Any form of discipline
imposed by Council shall be determined by a majority vote of at least a quorum of the Council at a noticed public meeting and such action shall be preceded by a Report to Council with supporting documentation. The Report to Council shall be distributed in accordance with normal procedures, including hard copies to numerous public facilities and posting online. Any Report to Council
addressing alleged misconduct by a board or commission member shall be routed through the Office
of the city attorney for review of whether any information is exempt from disclosure (subject to redaction) based on privacy interests authorized under the Public Records Act. When deemed warranted, the Mayor or majority of Council may call for an investigation of board or
commission member conduct. Should the city manager or city attorney believe an investigation is
warranted, they shall confer with the Mayor or Council. The Mayor or Council shall ask the city manager and/or the city attorney to investigate the allegation and report the findings. The results of any such investigation shall be provided to the full Council in the form of a Report to
Council, and shall be placed on the agenda of a noticed public meeting as “Information Only”. Any
such report shall be made public and distributed in accordance with normal procedures (i.e., hard copies to numerous public locations and posted online). Any report to Council addressing the investigation of board and commission members shall be routed through the Office of the City Attorney for review of whether any information is exempt from disclosure (subject to redaction) based
on privacy interests authorized under the Public Records Act.
It shall be the Mayor and/or the Council’s responsibility to determine the next appropriate action. Any such action taken by Council (with the exception of “take no further action”) shall be conducted at a noticed public hearing. These actions include, but are not limited to: discussing and counseling the
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individual on the violations; placing the matter on a future public hearing agenda to consider sanctions; forming a Council ad hoc subcommittee to review the allegation, the investigation and its
findings, as well as to recommend sanction options for Council consideration.
Under the City Charter, the City Council also may remove members of boards and commissions from office. A violation of this Code of Ethics and Conduct shall not be considered a basis for challenging the validity of a Council, board or commission decision.
D. PRINCIPLES OF PROPER CONDUCT Proper conduct IS …
Keeping promises
Being dependable
Building a solid reputation
Participating and being available
Demonstrating patience
Showing empathy
Holding onto ethical principles under stress
Listening attentively
Studying thoroughly
Keeping integrity intact
Overcoming discouragement
Going above and beyond, time and time again
Modeling a professional manner Proper conduct IS NOT …
Showing antagonism or hostility
Deliberately lying or misleading
Speaking recklessly
Spreading rumors
Stirring up bad feelings, divisiveness
Acting in a self-righteous manner
It all comes down to respect Respect for one another as individuals … respect for the validity of different opinions … respect for
the democratic process … respect for the community that we serve. E. CHECKLIST FOR MONITORING CONDUCT
o Will my decision/statement/action violate the trust, rights or good will of others?
o What are my interior motives and the spirit behind my actions?
o If I have to justify my conduct in public tomorrow, will I do so with pride or shame? o How would my conduct be evaluated by people whose integrity and character I respect?
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o Even if my conduct is not illegal or unethical, is it done at someone else’s painful expense? Will it destroy their trust in me? Will it harm their reputation?
o Is my conduct fair? Just? Morally right?
o If I were on the receiving end of my conduct, would I approve and agree, or would I take offense?
o Does my conduct give others reason to trust or distrust me? o Am I willing to take an ethical stand when it is called for? Am I willing to make my ethical beliefs public in a way that makes it clear what I stand for?
o Do I exhibit the same conduct in my private life as I do in my public life?
o Can I take legitimate pride in the way I conduct myself and the example I set?
o Do I listen and understand the views of others? o Do I question and confront different points of view in a constructive manner? o Do I work to resolve differences and come to mutual agreement?
o Do I support others and show respect for their ideas?
o Will my conduct cause public embarrassment to someone else? F. GLOSSARY OF TERMS
attitude The manner in which one shows one’s dispositions, opinions, and feelings behavior External appearance or action; manner of behaving; carriage of oneself civility Politeness, consideration, courtesy conduct The way one acts; personal behavior courtesy Politeness connected with kindness
decorum Suitable; proper; good taste in behavior manners A way of acting; a style, method, or form; the way in which thing are done point of order An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration
point of personal privilege
A challenge to a speaker to defend or apologize for comments that a
fellow member considers offensive propriety Conforming to acceptable standards of behavior protocol The courtesies that are established as proper and correct respect The act of noticing with attention; holding in esteem; courteous regard
G. IMPLEMENTATION As an expression of the standards of conduct for members expected by the City, the Sunnyvale Code of Ethics and Conduct is intended to be self-enforcing. It therefore becomes most effective when
members are thoroughly familiar with it and embrace its provisions. For this reason, this document
shall be included in the regular orientations for candidates for City Council, applicants to board and commissions, and newly elected and appointed officials. Members entering office shall sign a statement affirming they read and understood the City of Sunnyvale Code of Ethics and Conduct. In addition, the Code of Ethics and Conduct shall be annually reviewed by the City Council, boards and
commissions, and the City Council shall consider recommendations from boards and commissions
and update it as necessary.
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(Adopted: RTC 08-113 (4/8/08), Update: RTC 09-036 (2/3/09); Updated: RTC 09-047 (2/24/09); Approved with no changes: RTC 10-078 (3/23/10); RTC 11-058 (3/29/11); RTC 12-067 (3/20/2012);
Updated: RTC 13-060 (3/19/13); Approved with no changes: RTC 14-0211 (3/18/14); RTC 15-0050
(3/24/15); RTC 16-0360 (4/5/16); RTC 17-0161 (3/28/17); RTC 18-0036 (1/9/18); RTC 19-0185 (2/26/2019); RTC 20-0021 (3/17/20); RTC 21-0383 (3/16/21))
Lead Department: Office of the City Manager
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APPENDIX A - Model of Excellence Member Statement
MODEL OF EXCELLENCE
Sunnyvale City Council, Boards and Commissions
MEMBER STATEMENT
As a member of the Sunnyvale City Council or of a Sunnyvale board or commission, I agree to uphold the Code of Ethics and Conduct for Elected and Appointed Officials adopted by the City and conduct myself by the following model of excellence. I will:
•Recognize the worth of individual members and appreciate their individual talents, perspectives andcontributions;
•Help create an atmosphere of respect and civility where individual members, City staff and the
public are free to express their ideas and work to their full potential;
•Conduct my personal and public affairs with honesty, integrity, fairness and respect for others;
•Respect the dignity and privacy of individuals and organizations;
•Keep the common good as my highest purpose and focus on achieving constructive solutions for
the public benefit;
•Avoid and discourage conduct which is divisive or harmful to the best interests of Sunnyvale;
•Treat all people with whom I come in contact in the way I wish to be treated;
I affirm that I have read and understood the City of Sunnyvale Code of Ethics and Conduct for Elected and Appointed Officials.
Signature Date
Name
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City of Vallejo
Code of Ethics and Conduct
For
Elected and Appointed Officials
Adopted March 28, 2017
Amended January 22, 2019
Amended September 10, 2019
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Table of Contents
PURPOSE ....................................................................................................................................................... 3
ETHICS ........................................................................................................................................................... 3
CONDUCT ...................................................................................................................................................... 6
1. General Behavior Guidelines. .......................................................................................................... 6
2. Elected and Appointed Officials’ Conduct with One Another. ....................................................... 6
(a) In Public Meetings. ................................................................................................................... 7
(b) In Private Encounters. .............................................................................................................. 7
3. Elected and Appointed Officials’ Conduct with the Public. ............................................................ 7
(a) In Public Meetings. ................................................................................................................... 7
(b) In Unofficial Settings. ............................................................................................................... 8
4. Elected and Appointed Officials’ Conduct with City Staff............................................................... 9
5. Council Conduct with Boards and Commissions. .......................................................................... 10
6. Conduct with the Media. ............................................................................................................... 11
COMPLIANCE .............................................................................................................................................. 11
IMPLEMENTATION ..................................................................................................................................... 13
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PURPOSE
The Vallejo City Council has adopted this Code of Ethics and Conduct for members of the City
Council and the City’s boards and commissions to ensure public confidence in the integrity of
local government and its effective and fair operation.
ETHICS
The citizens and businesses of Vallejo are entitled to have a fair, ethical and accountable local
government which has earned the public’s full confidence in its integrity. In keeping with the City
of Vallejo’s commitment to excellence, the effective functioning of democratic government
therefore requires that:
public officials, both elected and appointed, comply with both the letter and spirit of the
laws and policies affecting the operations of government;
public officials be independent, impartial and fair in their judgment and actions;
public office be used for the public good, not for personal gain; and
public deliberations and processes be conducted openly, unless legally confidential, in an
atmosphere of respect and civility.
To this end, the Vallejo City Council has adopted this Code of Ethics and Conduct for members
of the City Council and the City’s boards and commissions to ensure public confidence in the
integrity of local government and its effective and fair operation. The Ethics section of the City’s
Code of Ethics and Conduct provides guidance on ethical issues and questions of right and wrong.
Members of the City Council, City Manager, City Attorney, and of all Boards and Commissions
shall conduct themselves in accordance with the following ethical standards:
1. Act in the Public Interest. Recognizing that stewardship of the public interest must be
their primary concern, members will work for the common good of the people of Vallejo and not
for any private or personal interest, and they will assure fair and equal treatment of all persons,
claims and transactions coming before them.
2. Comply with both the spirit and the letter of the Law and City Policy. Members shall
comply with the laws of the nation, the State of California and the City of Vallejo in the
performance of their public duties.
3. Conduct of Members. The professional and personal conduct of members while
exercising the powers and duties of their office must be above reproach and avoid even the
appearance of impropriety. Members shall refrain from abusive conduct, personal charges or
verbal attacks upon the character or motives of other members of the City Council, Boards and
Commissions, the staff or public.
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4. Respect for Process. Members shall perform their duties in accordance with the
processes and rules of order established by the City Council.
5. Conduct at Public Meetings. Members shall prepare themselves for review and
consideration of public issues; listen courteously and attentively to all public discussions before
the body; and focus on the business at hand.
6. Decisions Based on Merit. Members shall base their decisions on the merits and
substance of the matter at hand, rather than on unrelated considerations. When making
adjudicative decisions (those decisions where the member is called upon to determine and apply
facts particular to an individual case), members shall refrain from making public statements of
support or opposition, including statements on social media (including “likes” on Facebook or
other online venues), shall maintain an open mind until the conclusion of the hearing on the
matter, and shall base their decisions on the facts presented at the hearing and the law.
7. Communication. For adjudicative matters pending before the body, members shall rely
upon agenda materials and information received at the public meeting for information to support
their decision, and shall refrain from receiving information outside of an open public meeting,
except on advice of the City Attorney. Members shall publicly disclose substantive information
that is relevant to a matter under consideration by the body which they may have received from
sources outside of the public decision-making process.
8. Conflict of Interest. In order to assure their independence and impartiality on behalf of
the common good and compliance with conflict of interest laws, members shall not use their
official positions to influence government decisions in which they have (a) a material financial
interest, (b) an organizational responsibility or personal relationship which may give the
appearance of a conflict of interest, or (c) a strong personal bias. Additionally, members will use
their best efforts to refrain from creating an appearance of impropriety in their actions and
decisions.
A member who has a potential conflict of interest regarding a particular decision shall disclose
the matter to the City Attorney and reasonably cooperate with the City Attorney to analyze the
potential conflict. If advised by the City Attorney to seek advice from the Fair Political Practices
Commission (FPPC) or other appropriate state agency, a member shall not participate in a
decision unless and until he or she has requested and received advice allowing the member to
participate. A member shall diligently pursue obtaining such advice. The member shall provide
the City Attorney a copy of any written request or advice, and conform his or her participation to
the advice given. In providing assistance to members, the City Attorney represents the City and
not individual members.
In accordance with the law, members shall disclose investments, interests in real property,
sources of income, and gifts; and if they have a conflict of interest regarding a particular decision,
shall not, once the conflict is ascertained, participate in the decision and shall not discuss or
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comment on the matter in any way to any person including other members unless otherwise
permitted by law.
9. Gifts and Favors. Members shall not take any special advantage, by virtue of their public
office, of services or opportunities for personal gain that is not available to the public in general.
They shall refrain from accepting any gifts, favors or promises of future benefits which might
compromise their independence of judgment or action or give the appearance of being
compromised.
10. Confidential Information. Members must maintain the confidentiality of all written
materials and verbal information provided to members which is confidential or privileged.
Members shall neither disclose confidential information without proper legal authorization, nor
use such information to advance their personal, financial or other private interests.
11. Use of Public Resources. Members shall not use public resources which are not available
to the public in general (e.g., City staff time, equipment, supplies or facilities) for private gain or
for personal purposes not otherwise authorized by law.
12. Representation of Private Interests. In keeping with their role as stewards of the public
interest, members of the City Council shall not appear on behalf of the private interests of third
parties before the City Council or any Board, Commission or proceeding of the City, nor shall
members of Boards and Commissions appear before their own bodies or before the City Council
on behalf of the private interests of third parties on matters related to the areas of service of
their bodies.
13. Advocacy. Members shall represent the official policies or positions of the City Council,
Board or Commission to the best of their ability when designated as delegates for this purpose.
When presenting their individual opinions and positions, members shall explicitly state they do
not represent their body or the City of Vallejo, nor will they allow the inference that they do.
Councilmembers and Board and Commission members have the right to endorse candidates for
all City Council seats or other elected offices. It is inappropriate to mention or display
endorsements during City Council meetings, Board/Commission meetings, or other official City
meetings. Members shall refrain from publicly supporting or opposing a project that will be
considered in a quasi-judicial capacity by the City Council, or any Board or Commission unless
that member has been given authorization to do so by the body to which the member has been
appointed.
14. Policy Role of Members. Members shall respect and adhere to the council-manager
structure of Vallejo City government as outlined in the Vallejo City Code. In this structure, the
City Council determines the policies of the City with the advice, information and analysis provided
by City staff, Boards and Commissions, and the public. Except as provided by the City Code,
members shall not interfere with the administrative functions of the City or the professional
duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions.
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15. Independence of Boards and Commissions. Because of the value of the independent
advice of Boards and Commissions to the public decision-making process, members of the City
Council shall refrain from using their position to unduly influence the deliberations or outcomes
of Board and Commission proceedings.
16. Positive Work Place Environment. Members shall support the maintenance of a positive
and constructive work place environment for City employees and for citizens and businesses
dealing with the City. Members shall recognize their special role in dealings with City employees
to in no way create the perception of inappropriate direction to staff.
CONDUCT
The Conduct Guidelines are designed to describe the manner in which elected and appointed
officials should treat one another, City staff, constituents, and others they come into contact with
while representing the City of Vallejo.
1. General Behavior Guidelines.
City appointed and elected officials and staff will endeavor to communicate with each other and
with members of the public in accordance with the following behavior guidelines at all public
meetings and while discussing municipal affairs in public fora including social networks and social
media platforms and listserves.
a. Treat everyone courteously.
b. Listen to others respectfully.
c. Exercise self-control.
d. Give open-minded consideration to all viewpoints.
e. Focus on the issues and avoid personalizing debate.
f. Embrace respectful disagreement and dissent as democratic rights that are inherent
components of an inclusive public process and tools for forging sound decisions.
g. Refrain from personal attacks on others.
2. Elected and Appointed Officials’ Conduct with One Another.
Elected and appointed officials are composed of individuals with a wide variety of backgrounds,
personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public
office in order to preserve and protect the present and the future of the community. In all cases,
this common goal should be acknowledged even though individuals may disagree on contentious
issues.
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(a) In Public Meetings.
Use formal titles.
Elected and appointed officials should refer to one another formally during public meetings, such
as Mayor, Vice Mayor, Chair, Commissioner or Councilmember followed by the individual’s last
name.
Practice civility and decorum in discussions and debate.
Public officials shall not make belligerent, personal, impertinent, slanderous, threatening,
abusive, or disparaging comments. Shouting or physical actions that could be construed as
threatening will not be tolerated.
Honor the role of the Chair in maintaining order.
It is the responsibility of the Chair to keep the comments of members on track during public
meetings. Members should honor efforts by the Chair to focus discussion on current agenda
items. If there is disagreement about the agenda or the Chair’s actions, those objections should
be voiced politely and with stated reasons, following procedures outlined in parliamentary
procedure.
Avoid personal comments that could offend other members.
If a member is personally offended by the remarks of another member, the offended member
should make notes of the actual words used and call for a "point of personal privilege" that
challenges the other member to justify or apologize for the language used. The Chair will
maintain control of this discussion.
Demonstrate effective problem-solving approaches.
Members have a public stage and have the responsibility to show how individuals with disparate
points of view can find common ground and seek a compromise that benefits the community as
a whole.
(b) In Private Encounters.
Continue respectful behavior in private.
The same level of respect and consideration of differing points of view that is deemed
appropriate for public discussions should be maintained in private conversations.
3. Elected and Appointed Officials’ Conduct with the Public.
(a) In Public Meetings.
Making the public feel welcome is an important part of the democratic process. No signs of
partiality, prejudice or disrespect should be evident on the part of individual members toward an
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individual participating in a public forum. Every effort should be made to be fair and impartial in
listening to public testimony.
Be welcoming to speakers and treat them with care and gentleness.
While questions of clarification may be asked, the official’s primary role during public testimony
is to listen, not to interrogate.
Be fair and equitable in allocating public hearing time to individual speakers.
The Chair will determine and announce limits on speakers at the start of the public hearing
process.
Practice active listening.
It is disconcerting to speakers to have members not look at them when they are speaking. It is
fine to look down at documents or to make notes, but reading for a long period of time or gazing
around the room gives the appearance of disinterest. Members shall try to be conscious of facial
expressions, and avoid those that could be interpreted as "smirking," disbelief, anger or
boredom.
Maintain an open mind.
Members of the public deserve an opportunity to influence the thinking of elected and appointed
officials.
Ask for clarification, but avoid debate and argument with the public.
Only the Chair – not individual members – can interrupt a speaker during a presentation.
However, a member can ask the Chair for a point of order if the speaker is off the topic or
exhibiting behavior or language the member finds disturbing.
(b) In Unofficial Settings.
Make no promises on behalf of the Council, board/commission or City.
Members will frequently be asked to explain a Council or board/commission action or to give
their opinion about an issue as they meet and talk with constituents in the community. It is
appropriate to give a brief overview of City policy and to refer to City staff for further information.
It is inappropriate to overtly or implicitly promise Council or board/commission action, or to
promise City staff will do something specific (fix a pothole, remove a library book, plant new
flowers in the median, etc).
Make no personal comments about other members.
It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory
comments about other members, their opinions and actions.
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4. Elected and Appointed Officials’ Conduct with City Staff.
Governance of a City relies on the cooperative efforts of elected officials, who set policy,
appointed officials who advise the elected, and City staff who implement and administer the
Council’s policies. Therefore, every effort should be made to be cooperative and show mutual
respect for the contributions made by each individual for the good of the community.
Treat all staff as professionals.
Clear, honest communication that respects the abilities, experience, and dignity of each
individual is expected. Poor behavior towards staff is not acceptable.
Do not disrupt City staff from their jobs.
Elected and appointed officials should not disrupt City staff while they are in meetings, on the
phone, or engrossed in performing their job functions in order to have their individual needs met.
Do not attend City staff meetings unless requested by staff – even if the elected or appointed
official does not say anything, his or her presence implies support, shows partiality, may
intimidate staff, and hampers staff’s ability to do their job objectively.
Never publicly criticize an individual employee.
Elected and appointed officials should never express concerns about the performance of a City
employee in public, to the employee directly, or to the employee’s manager. Comments about
staff performance should only be made to the City Manager through private correspondence or
conversation. Appointed officials should make their comments regarding staff to the City
Manager.
Do not get involved in administrative functions.
Elected and appointed officials acting in their individual capacity must not attempt to influence
City staff on the making of appointments, awarding of contracts, selecting of consultants,
processing of development applications, or granting of City licenses and permits.
Do not solicit political support from staff.
Elected and appointed officials should not solicit any type of political support (financial
contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City
staff may, as private citizens with constitutional rights, support political candidates but all such
activities must be done away from the workplace.
No Attorney-Client Relationship.
Members shall not seek to establish an attorney-client relationship with the City Attorney,
including his or her staff and attorneys contracted to work on behalf of the City. The City Attorney
represents the City and not individual members. Members who consult with the City Attorney
cannot enjoy or establish an attorney-client relationship with the attorney.
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5. Council Conduct with Boards and Commissions.
The City has established several Boards and Commissions as a means of gathering more
community input. Citizens who serve on Boards and Commissions become more involved in
government and serve as advisors to the City Council. They are a valuable resource to the City’s
leadership and should be treated with appreciation and respect.
If attending a Board or Commission meeting, be careful to only express personal opinions.
Councilmembers may attend any Board or Commission meeting, which are always open to any
member of the public. However, they should be sensitive to the way their participation could be
viewed as unfairly affecting the process, especially if the councilmember endorses a position, or
if attendance is on behalf of an individual, business or developer. Any public comments by a
Councilmember at a Board or Commission meeting should be clearly made as individual opinion
and not a representation of the feelings of the entire City Council.
Limit contact with Board and Commission members to questions of clarification.
It is inappropriate for a Councilmember to contact a Board or Commission member to lobby on
behalf of an individual, business, or developer, and vice versa. It is acceptable for
Councilmembers to contact Board or Commission members in order to clarify a position taken by
the Board or Commission.
Respect that Boards and Commissions serve the community, not individual Councilmembers.
The City Council appoints individuals to serve on Boards and Commissions, and it is the
responsibility of Boards and Commissions to follow policy established by the Council. But Board
and Commission members do not report to individual Councilmembers, nor should
Councilmembers feel they have the power or right to threaten Board and Commission members
with removal if they disagree about an issue. Appointment and re-appointment to a Board or
Commission should be based on such criteria as expertise, ability to work with staff and the
public, and commitment to fulfilling official duties. A Board or Commission appointment should
not be used as a political "reward."
Be respectful of diverse opinions.
A primary role of Boards and Commissions is to represent many points of view in the community
and to provide the Council with advice based on a full spectrum of concerns and perspectives.
Councilmembers may have a closer working relationship with some individuals serving on Boards
and Commissions, but must be fair and respectful of all citizens serving on Boards and
Commissions.
Keep political support away from public forums.
Board and Commission members may offer political support to a Councilmember, but not in a
public forum while conducting official duties. Conversely, Councilmembers may support Board
and Commission members who are running for office, but not in an official forum in their capacity
as a Councilmember.
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6. Conduct with the Media.
Board and Commission members are not authorized to represent the City to media outlets
(including broadcast, print, and social media sites) outside of official board/commission meetings
unless specifically authorized to do so.
The Mayor is the official spokesperson for the City Council on City positions.
The Mayor is the designated representative of the City Council to present and speak on the
official City position. If an individual Councilmember is contacted by the media, the
Councilmember should be clear about whether their comments represent the official City
position or a personal viewpoint.
Choose words carefully and cautiously.
Comments taken out of context can cause problems. Be especially cautious about humor,
sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear
words when talking with the media.
COMPLIANCE
Acknowledgement of Code of Ethics and Conduct.
Members shall sign an acknowledgement that they have read and understand the Code of Ethics
and Conduct.
Ethics Training for Local Officials.
The Mayor, Councilmembers, City Manager, City Attorney, Board and Commission Members who
are out of compliance with State or City mandated requirements for ethics training shall not
represent the City on intergovernmental assignments or Council subcommittees.
Primary and Additional Responsibility.
The Vallejo Code of Ethics and Conduct expresses standards of ethical conduct expected for
members of the Vallejo City Council, Boards and Commissions. Members themselves have the
primary responsibility to assure that ethical standards are understood and met, and that the
public can continue to have full confidence in the integrity of government. The chairs of Boards
and Commissions and the Mayor and City Council have the additional responsibility to intervene
when actions of members that appear to be in violation of the Code of Ethics and Conduct are
brought to their attention.
Violations.
City Council:
Individual Councilmembers should first point out perceived violations of the Vallejo Code of
Ethics and Conduct directly to the member believed to be in violation. If the violation(s)
continues, then the matter should be referred to the Mayor in private. If the Mayor is the
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individual whose actions are being questioned, then the matter should be referred to the Vice
Mayor. It is the responsibility of the Mayor (or Vice Mayor) to initiate action if a member is not
in compliance with the Code of Ethics and Conduct. If no action is taken by the Mayor (or Vice
Mayor), then the alleged violation(s) can be brought up with the full City Council.
Board and Commission Members:
Whenever it is perceived that a Board and Commission member may have violated the Vallejo
Code of Ethics and Conduct, such perception will be referred to both the Council Liaison and the
City Manager. The Council liaison and the City Manager shall have a conversation with the
Member who has allegedly violated this Code. In the event the Council Liaison determines that
the conduct violates the Vallejo Code of Ethics and Conduct, the matter shall be either 1)
discussed privately with the member or 2) discussed in a written warning issued by the Liaison to
the Member alerting the Member to the applicable section of the Code of Conduct. Egregious or
repeated violations may lead to additional sanctions as set forth below. Copies of written
warnings shall be distributed to all Councilmembers, the City Manager, and the City Attorney.
Counseling, verbal reprimands and written warnings may be administered by the Mayor to Board
and Commission members failing to comply with City policy. These lower levels of sanctions shall
be kept private to the degree allowed by law. Copies of all written reprimands administered by
the Mayor shall be distributed in memo format to the Chair of the respective Board or
Commission, the City Clerk, the City Attorney, the City Manager, and the City Council.
The City Council may impose sanctions on Board and Commission members whose conduct does
not comply with the City’s policies, up to and including removal from office. Any form of
discipline imposed by Council shall be determined by a majority vote of at least a quorum of the
Council at a noticed public meeting and such action shall be preceded by a Report to Council with
supporting documentation.
When deemed warranted, the Mayor or majority of Council may call for an investigation of Board
or Commission member conduct. Additionally, should the City Manager or City Attorney believe
an investigation into a member’s conduct is warranted, they may refer the matter to the Mayor
or City Council. The Mayor or City Council shall ask the City Manager or the City Attorney to
investigate the allegation and report the findings.
Nothing in this Code of Ethics and Conduct shall limit what might otherwise be available to
remedy conduct that violates City, state, or federal law. These sanctions are alternatives to any
other remedy that might otherwise be available to remedy conduct that violates this code or
state or federal law. In order to protect and preserve good government, any individual, including
the City Manager and the City Attorney (after complying with Rule 3-600(B) of the State Bar Rules
of Professional Conduct), who knows or reasonably believes that a member has acted or intends
or refuses to act in a manner that is or may be a violation of law reasonably imputable to the
organization, or in a manner which is likely to result in substantial injury to the organization, may
report the violation to the appropriate governmental authorities.
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IMPLEMENTATION
The Code of Ethics and Conduct is intended to be self-enforcing and is an expression of the
standards of conduct for members expected by the City. It therefore becomes most effective
when members are thoroughly familiar with it and embrace its provisions.
For this reason, this document shall be included in the annual trainings of the City Council Board
and Commissions, and newly elected and appointed officials including the City Manager and the
City Attorney. Members entering office shall sign a statement (example below) acknowledging
they have read and understand the Code of Ethics and Conduct, and a copy of such statement
shall be filed with the City Clerk. In addition, the Code of Ethics and Conduct shall be periodically
reviewed by the City Council, and updated as necessary.
I affirm that I have read and understand the City of Vallejo Code of Ethics and Conduct for
Elected and Appointed Officials.
_____________________________________
Name
Date
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CITY OF OCEANSIDE
CODE OF ETHICS AND CONDUCT
FOR
ELECTED AND APPOINTED OFFICIALS
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Policy Purpose
The Oceanside City Council adopts this Code of Ethics and Conduct to assure that all elected and
appointed officials, while exercising their office, conduct themselves in a manner that will instill
public confidence and trust in the fair operation and integrity of Oceanside’s City government.
This policy shall apply to all elected positions, including the Mayor, Councilmembers, City Clerk
and City Treasurer, whether elected or appointed to serve in that capacity, Council Aides and all
persons appointed by the City Council to the City’s Boards, Committees and Commissions.
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A. ETHICS
The citizens and businesses of Oceanside are entitled to have fair, ethical and accountable local
government. To this end, the public shall have full confidence that their elected and appointed officials:
▪ Comply with both the letter and spirit of the laws and policies affecting the operations of government;
▪ Are independent, impartial and fair in their judgment and actions;
▪ Use their public office for the public good, not for personal gain; and
▪ Conduct public deliberations and processes openly, unless required by law to be confidential, in an
atmosphere of respect and civility.
Therefore, members of the City Council, City Treasurer, City Clerk, Council Aides, and members of all
Boards, Committees and Commissions shall conduct themselves in accordance with the following ethical
standards:
1. Act in the Public Interest. Recognizing that stewardship of the public interest shall be their primary
concern, members will work for the common good of the people of Oceanside and not for any private
or personal interest, and they will assure fair and equal treatment of all persons, claims and
transactions coming before them.
2. Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with
the laws of the nation, the State of California and the City of Oceanside in the performance of their
public duties.
3. Conduct of Members. The professional and personal conduct of members while exercising their office
shall be above reproach and avoid even the appearance of impropriety. Members shall refrain from
abusive conduct, personal charges or verbal attacks upon the character or motives of other members
of Council, Boards, Committees and Commissions, the staff or public.
4. Respect for Process. Members shall perform their duties in accordance with the processes and rules
of order established by the City and the City Council.
5. Conduct at Public Meetings. Members shall prepare themselves for public issues; listen courteously
and attentively to all public discussions before the body; and focus on the business at hand.
6. Decisions Based on Merit. Members shall base their decisions on the merits and substance of the
matter at hand, rather than on unrelated considerations. When making adjudicative decisions (those
decisions where the member is called upon to determine and apply facts peculiar to an individual
case), members shall maintain an open mind until the conclusion of the hearing on the matter and
shall base their decisions on the facts presented at the hearing and the law.
7. Communication. For adjudicative matters pending before the body, written communication provided
to the City Council shall be retained in accordance with the City’s document retention schedule and
shall be open to inspection and/or copying in accordance with the California Public Records Act.
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8. Conflict of Interest. In order to assure their independence and impartiality on behalf of the common
good and compliance with conflict of interest laws, members shall use their best efforts to refrain
from creating an appearance of impropriety in their actions and decisions. Members shall not use
their official positions to influence government decisions in which they have (a) a material financial
interest as set forth in the Political Reform Act and applicable regulations promulgated by the Fair
Political Practices Commission, or (b) actual bias that would result in the denial of procedural due
process.
In accordance with the City’s Municipal Code Section 2.1.32., “if a council member has reason to believe
he or she has a conflict of interest with respect to a governmental decision, he or she may give the full
facts of the matter to the city attorney and request advice thereon. The request for advice should be
submitted to the city attorney sufficiently in advance of the meeting to allow the city attorney a
reasonable opportunity to analyze the facts stated and the applicable law and to seek appropriate
assistance from the fair political practices commission. Any response by the city attorney shall be in
writing, if time permits, and delivered to each council member before the meeting in question. Oral
responses shall be stated on the public record. If a determination whether it is reasonably foreseeable
that a financial interest would be affected by a governmental decision depends on the advice of an
appraiser or similar professional, except an attorney, the city attorney may retain such professional at
city expense. Nothing in this section shall be deemed to preclude the member or the city attorney from
seeking assistance or advice on a conflict of interest matter from the fair political practices
commission.”
In accordance with the law, members shall disclose investments, interests in real property, sources of
income, and gifts; and if they have an impermissible conflict of interest regarding a particular decision,
shall not, once the conflict is ascertained, participate in the decision and shall not discuss or comment on
the matter in any way to any person including other members unless otherwise permitted by law.
9. Gifts and Favors. Members shall not take any special advantage of services or opportunities for
personal gain, by virtue of their public office that is not available to the public in general. They shall
refrain from accepting any gifts, favors or promises of future benefits which might compromise their
independence of judgment or action or give the appearance of being compromised. Disqualification
of a member from participating in a government decision based on the acceptance of a gift shall be
determined in accordance with legal requirements of the Political Reform Act, applicable regulations
and case law.
10. Confidential Information. Members shall maintain the confidentiality of all written materials and
verbal information provided to members which is confidential or privileged. Members shall neither
disclose confidential information without proper legal authorization, nor use such information to
advance their personal, financial or other private interests.
11. Use of Public Resources. Members shall not use public resources which are not available to the public
in general (e.g., City staff time, equipment, supplies or facilities) for private gain or for personal
purposes not otherwise authorized by law.
12. Representation of Private Interests. In keeping with their role as stewards of the public interest,
members of Council shall not appear on behalf of the private interests of third parties before the
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Council or any Board, Committee, Commission or proceeding of the City, nor shall members of Boards,
Committees and Commissions appear before their own bodies or before the Council on behalf of the
private interests of third parties on matters related to the areas of service of their bodies.
13. Advocacy. Members shall represent the official policies or positions of the City Council, Board,
Committee or Commission to the best of their ability when designated as delegates for this purpose.
When presenting their individual opinions and positions, members shall explicitly state they do not
represent their body or the City of Oceanside, nor will they allow the inference that they do.
Councilmembers, Council Aides and Board, Committee and Commission members have the right to
endorse candidates for all Council seats or other elected offices. It is inappropriate to mention or
display endorsements during Council meetings, or Board, Committee and Commission meetings, or
other official City meetings.
14. Policy Role of Members. Members shall respect and adhere to the council-manager structure of
Oceanside City government as outlined in the City Charter. In this structure, the City Council
determines the policies of the City with the advice, information and analysis provided by City staff,
Boards, Committees and Commissions, and the public. Except as provided by the City Code and
applicable council policies, members shall not interfere with the administrative functions of the City
or the professional duties of City staff; nor shall they impair the ability of staff to implement Council
policy decisions.
15. Independence of Boards, Committees and Commissions. Because of the value of the independent
advice of Boards, Committees and Commissions to the public decision-making process, members of
Council shall refrain from using their position to unduly influence the deliberations or outcomes of
Board, Committee and Commission proceedings.
16. Positive Work Place Environment. Members shall support the maintenance of a positive and
constructive work place environment for City employees and for citizens and businesses dealing with
the City. Members shall recognize their special role in dealings with City employees to in no way create
the perception of inappropriate direction to staff.
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B. CONDUCT GUIDELINES
The Conduct Guidelines are designed to describe the manner in which elected and appointed officials shall
treat one another, City staff, constituents, and others they come into contact with while representing the
City of Oceanside.
1. Elected and Appointed Officials’ Conduct with Each Other in Public Meetings
Elected and appointed officials are individuals with a wide variety of backgrounds, personalities, values,
opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve
and protect the present and the future of the community. In all cases, this common goal shall be
acknowledged even though individuals may not agree on every issue.
(a) Honor the role of the chair in maintaining order
It is the responsibility of the chair to keep the comments of members on track during public meetings.
Members shall honor efforts by the chair to focus discussion on current agenda items. If there is
disagreement about the agenda or the chair’s actions, those objections shall be voiced politely and with
reason, following procedures outlined in parliamentary procedure.
(b) Practice civility and decorum in discussions and debate
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information
are legitimate elements of debate by a free democracy in action. Free debate does not require nor justify,
however, public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or
disparaging comments.
(c) Avoid personal comments that could offend other members
If a member is personally offended by the remarks of another member, the offended member shall make
notes of the actual words used and call for a "point of personal privilege" that challenges the other
member to justify or apologize for the language used. The chair will maintain control of this discussion.
(d) Demonstrate effective problem-solving approaches
Members have a public stage and have the responsibility to show how individuals with disparate points
of view can find common ground and seek a compromise that benefits the community as a whole.
2. Elected and Appointed Officials’ Conduct with the Public in Public Meetings
Making the public feel welcome is an important part of the democratic process. No signs of partiality,
prejudice or disrespect shall be evident on the part of individual members toward an individual
participating in a public forum. Every effort shall be made to be fair and impartial in listening to public
testimony.
(a) Be welcoming to speakers and treat them with care and gentleness.
While questions of clarification may be asked, the official’s primary role during public testimony is to
listen.
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(b) Be fair and equitable in allocating public hearing time to individual speakers.
The chair will determine limits on speakers at the start of the public hearing process, if different than
standard time limits.
(c) Practice active listening
It is disconcerting to speakers to have members not look at them when they are speaking. It is fine to look
down at documents or to make notes, but reading for a long period of time or gazing around the room
gives the appearance of disinterest. Members shall try to be conscious of facial expressions, and avoid
those that could be interpreted as "smirking," disbelief, anger or boredom.
(d) Maintain an open mind
Members of the public deserve an opportunity to influence the thinking of elected and appointed officials.
(e) Ask for clarification, but avoid debate and argument with the public
Only the chair – not individual members – can interrupt a speaker during a presentation. However, a
member can ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or
language the member finds disturbing.
(f) Use of Electronic Devices during Public Hearing Time
While the Council is in session, to satisfy due process requirements, Council Members shall give their sole
attention to the proceedings and shall refrain from using electronic devices such as computers, cell
phones, pagers, PDAs and other electronic devices for the purpose of sending or receiving external
communication unless an emergency or extraordinary circumstance exists.
3. Elected and Appointed Officials’ Conduct with City Staff
Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed
members of Boards and Commissions who advise the elected, and City staff who implement and
administer the Council’s policies. Therefore, every effort shall be made to be cooperative and show mutual
respect for the contributions made by each individual for the good of the community.
(a) Treat all staff as professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual is
expected. Poor behavior towards staff is not acceptable.
(b) Do not disrupt City staff from their jobs
Elected and appointed officials shall not disrupt City staff while they are in meetings, on the phone, or
engrossed in performing their job functions in order to have their individual needs met. Attendance by
elected officials at any meeting attended by City staff shall be in accordance with City Council Policy 100-
20.
(c) Never publicly criticize an individual employee
Elected and appointed officials shall never express concerns about the performance of a City employee
under the supervision of the City Manager or City Attorney in public, to the employee directly, or to the
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employee’s manager. Comments about staff performance shall only be made to the City Manager or City
Attorney, as applicable, through private correspondence or conversation. Appointed members of Boards
and Commissions shall make their comments regarding staff to the City Manager or the Mayor.
(d) Do not get involved in administrative functions
Elected and appointed officials acting in their individual capacity shall not attempt to influence City staff
on the making of appointments, awarding of contracts, selecting of consultants, processing of
development applications, or granting of City licenses and permits.
(e) Do not solicit political support from staff
Elected and appointed officials shall not solicit any type of political support (financial contributions, display
of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with
constitutional rights, support political candidates but all such activities shall be done away from the
workplace.
(f) No Attorney-Client Relationship
The City Attorney represents the City and not elected or appointed officials acting in their individual
capacity. Members shall not seek to establish an attorney-client relationship with the City Attorney, or
members of the City Attorney’s staff.
4. Council Conduct with Boards, Committees and Commissions
The City has established several Boards, Committees and Commissions as a means of gathering more
community input. Citizens who serve on Boards, Committees and Commissions become more involved in
government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership
and shall be treated with appreciation and respect.
(a) If attending a Board, Committee or Commission meeting, be careful to only express personal opinions
Subject to the limitations of the Brown Act, Councilmembers may attend any Board, Committee or
Commission meeting, which are always open to any member of the public. However, they shall be
sensitive to the way their participation – especially if it is on behalf of an individual, business or developer
– could be viewed as unfairly affecting the process. Any public comments by a Councilmember at a Board,
Committee or Commission meeting shall be clearly made as individual opinion and not a representation
of the feelings of the entire City Council.
(b) Limit contact with Board, Committee and Commission members to questions of clarification
It is inappropriate for a Councilmember to contact a Board, Committee or Commission member to lobby
on behalf of an individual, business, or developer, and vice versa. It is acceptable for Councilmembers to
contact Board, Committee or Commission members in order to clarify a position taken by the Board,
Committee or Commission.
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(c) Respect that Boards, Committees and Commissions serve the community, not individual
Councilmembers
The Mayor, subject to City Council confirmation, appoints individuals to serve on Boards, Committees and
Commissions, and it is the responsibility of members of Boards, Committees and Commissions to follow
applicable bylaws as well as City law and policy established by the Council. Board, Committee and
Commission members do not report to individual Councilmembers, nor shall Councilmembers threaten
Board, Committee and Commission members with removal over political disputes. Appointment and re-
appointment to a Board, Committee or Commission shall be based on such criteria as expertise, ability to
work with staff and the public, and commitment to fulfilling official duties.
(d) Be respectful of diverse opinions
A primary role of Boards, Committees and Commissions is to represent many points of view in the
community and to provide the Council with advice based on a full spectrum of concerns and perspectives.
Councilmembers may have a closer working relationship with some individuals serving on Boards,
Committees and Commissions, but shall be fair and respectful of all citizens serving on Boards,
Committees and Commissions.
(e) Keep political support away from public forums
Board, Committee and Commission members may offer political support to a Councilmember, but not in
a public forum while conducting official duties. Conversely, Councilmembers may support Board,
Committee and Commission members who are running for office, but not in an official forum in their
capacity as a Councilmember.
5. Conduct with the Media
Council Members are frequently contacted by the media for background and quotes. Advisory Body
members are not authorized to represent the City outside of official Advisory Body meetings unless
specifically authorized to do so by the City Council. Media inquiries should be responded to within
reasonable timeframes. Official City responses will be given by the Mayor or Council designee (i.e. Deputy
Mayor in Mayor’s absence), the City Manager or his/her designee, or City Attorney, as applicable.
6. Social Media Use
When using social media, City officials must clearly disclose that they are expressing their own personal
opinion and not an official position of the City or, if applicable, the body on which they serve. Where
appropriate, posting a disclaimer to this effect is advised. City officials must also use caution when
communicating on social media in that it does not become a conduit to communicate with their fellow
council/commission members in violation of the Brown Act.
7. Outside Employment
No official shall engage in or accept private employment or render services for private interests when such
employment or service is incompatible with the proper discharge of their official duties in violation of
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Government Code section 1099 and applicable case law, or would tend to impair their independence of
judgment or action in the performance of their official duties.
8. Post-City Employment
Former City Officials shall not engage in direct communication with the City for the purpose of lobbying
the City if the former City Official served as a City Official within the previous 12 months, and the former
City Official is receiving compensation from a private business to engage in the direct communication with
the City.
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C. SANCTIONS
Upon a finding by a majority of the City Council that any public official violated any provision of the
Prohibited Conduct section of this chapter, the City Council may impose any of the following sanctions:
1. Elected Officials.
a) Public censure.
2. Council Aides
a) Public censure.
3. Appointed Officials of Boards, Commissions and Committees.
a) Referral to the Board, Commission or Committee of which the appointed official is a member for
public censure;
b) Public censure by the Mayor and City Council; or
c) Removal from office by a majority of the Mayor and City Council
4. Whistle Blower Protections
To the extent not otherwise prohibited by State law, City officials and employees shall not use or threaten
to use any official authority or influence to discourage, restrain or interfere with or to effect a reprisal
against any person, including, but not limited to, a City official or employee, for the purpose or with the
intent of preventing such person from acting in good faith to report or otherwise bring to the attention of
the City or other appropriate agency, office or department, any information that, if true, would constitute
a gross waste of City funds, a gross abuse of authority, a specified and substantial danger to public health
or safety due to any act or omission of an City official or employee, or the use of a City office or position
or of City resources for personal gain.
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D. IMPLEMENTATION
The Code of Ethics and Conduct is intended to be self-enforcing and is an expression of the standards of
conduct for members expected by the City. It therefore becomes most effective when members are
thoroughly familiar with it and embrace its provisions.
For this reason, this document shall be included in the regular orientations for candidates for City
Council, City Treasurer, City Clerk, Council Aides, members of Board, Committee and Commissions, and
newly elected and appointed officials. Members entering office shall sign a statement (below)
acknowledging they have read and understand the Code of Ethics and Conduct. In addition, the Code of
Ethics and Conduct shall be periodically reviewed by the City Council and updated as necessary.
I affirm that I have read and understand the City of Oceanside Code of Ethics and
Conduct for Elected and Appointed Officials.
Name: _________________________________
Signature: ______________________________ Date:___________________
13.B.c
Packet Pg. 1469 Attachment: Code of Ethics (approved 2-26-2020).pdf Irvine (4608 : Code of Conduct for Council)