HomeMy WebLinkAboutSS4 - City Council Ethics Policy• CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Study Session Agenda Item No. ssa
August 24, 2004
TO: MAYOR & MEMBERS OF THE CITY COUNCIL
FROM: Robert Burnham, City Attorney; 644 -3131,
rb urn ham (cD city. newport- beach.ca.us
SUBJECT: City Council Ethics Policy
ISSUE: Should the City Council direct staff to prepare a City Council policy that
addresses issues related to the Political Reform Act and FPPC Guidelines and /or a code
of ethics?
DISCUSSION: On June 15, 2004, Council Member Heffernan asked staff to draft, for
City Council consideration, a Council policy that would "confirm this Council's
commitment to the highest standards of ethics and honesty." The specific policy
requested by Council Member Heffernan would:
•1. Require a semi - annual study session to review the Political Reform Act
(Act), FPPC Guidelines (Guidelines) and other relevant laws, decisions and regulations to
help members of the City Council (and staff) understand the complex conflict of interest
provisions and recent rulings and opinions of the FPPC.
2. Require all members of the City Council as well as members of Boards and
Commissions carefully review each agenda prior to meetings to determine if they may be
expected to participate on any item that could impact a source of income or their property
and, if so, to contact the City Attorney for advice or assistance.
3. Create an obligation on the part of the City Council, appointees and staff to
advise the City Attorney of any information that would suggest that any City official or
employee may be involved in conduct that could give rise to a conflict of interest.
4. Require the City Attorney to investigate reports of conflicts of interest.
This office believes a semi - annual review of the Act, the Guidelines and other relevant
provisions of State law would be helpful to everyone given the complexity of those laws
and the frequency with which they change. The requirement that Council members and
others review agendas with a view towards evaluating potential conflicts reflects existing
law and would be a good reminder for everyone. My experience is that the City officials,
appointees and staff are not reticent to report information regarding potential conflicts but
•the City Attorney, who does not have enforcement authority under the Act or the
Guidelines, should not be the one who conducts investigations.
Council Member Heffernan has also asked this office to review the recently adopted City •
of Los Angeles "Governmental Ethics Ordinance" as well as ethics policies or regulations
of cities with populations similar to Newport Beach. We have reviewed the Los Angeles
ordinance and believe that it is unsuitable for Newport Beach which, unlike Los Angeles,
does not have an ethics commission or similar enforcement mechanism. The Loss
Angeles ordinance consists of 35 pages, is extremely complex and addresses issues that
are relevant only to "...one of the great international cities of the world..." that is facing
"...complex opportunities and problems of both local and global significance." (LAMC;
Section 49.5.181)
We have also reviewed the ethics policies of cities similar in size to Newport Beach and
the policies adopted by the City of Mountain View appear to be the most comprehensive
and most relevant to issues raised by Council Member Heffernan. The Mountain View
"code of ethics" is comprised of the "City Council Personal Code of Conduct' (copy
attached) and the "City Council Code of Conduct' which is 15 pages long and, to a
considerable extent, simply restates State laws relevant to conflicts of interest.
ENVIRONMENTAL: The proposed policy is exempt from CEQA.
Submitted by:
Burnham, City Attorney
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•
• PREAMBLE
The residents and businesses of Mountain View are entitled to have fair, ethical
and accountable local government. Such a government requires that public
officials:
• Comply with both the letter and the spirit of the laws and policies affecting
operations of the government.
• Be independent, impartial and fair in their judgment and actions.
• Use their public office for the public good, not for personal gain.
• Conduct public deliberations and processes openly, unless legally
confidential, in an atmosphere of respect and civility.
To this end, the Mountain View City Council has adopted this Code of Ethics to
encourage public confidence in the integrity of local government and its fair and
effective operation.
City Councilmembers shall sign this personal code of conduct at the first Council
meeting in January each year when the Council elects the Mayor and Vice Mayor
as a symbol of each Councilmember's continuing commitment to abide by the
principles of this code.
Act in the Public Interest
• Recognizing that stewardship of the public interest must be their primary
concern, Councilmembers shall work for the common good of the people
of Mountain View and not for any private or personal interest, and they will
endeavor to treat all persons, claims and transactions in a fair and
equitable manner.
2. Comply with the Law
Councilmembers shall comply with the laws of the nation, the State of
California and the City in the performance of their public duties. These
laws include, but are not limited to: the United States and California
constitutions; the Mountain View 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
Councilmembers shall refrain from abusive conduct, personal charges or
verbal attacks upon the character or motives of other members of the City
Council, boards, commissions, committees, staff or the public.
• 4. Respect for Process
Councilmember duties shall be performed in accordance with the •
processes and rules of order established by the City Council.
5. Conduct of Public Meetings
Councilmembers shall inform themselves of public issues, listen
attentively to public discussions before the body and focus on the
business at hand.
6. Decisions Based on Merit
Council decisions shall be based upon the merits and substance of the
matter at hand.
Communication
It is the responsibility of Councilmembers to publicly share substantive
information that is relevant to a matter under consideration that they have
received from sources outside of the public decision - making process with
all other Councilmembers.
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8. Coordination with City Staff
Appropriate City staff should be involved when Councilmembers meet with
officials from other agencies and jurisdictions to ensure proper staff
support as needed and to keep staff informed.
9. Disclosure of Corruption
All City officials shall take an oath upon assuming office, pledging to
uphold the constitution and laws of the City, the State and the Federal
government. As part of this oath, officials commit to disclosing to the
appropriate authorities and/or to the City Council any behavior or activity
that may qualify as corruption, abuse, fraud, bribery or other violation of
the law.
10. Conflict of Interest
In order to assure their independence and impartiality on behalf of the
public good, Councilmembers shall not use their official positions to
influence government decisions in which they have a financial interest or
where they have an organizational responsibility or a personal relationship
•
• that would present a conflict of interest under applicable State law.
In accordance with the law, members shall file written disclosures of their
economic interest and if they have a conflict of interest regarding a
particular decision, refrain from participating in that decision unless
otherwise permitted by law.
11. Gifts and Favors
Councilmembers shall not take 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 gifts, favors or
promises of future benefits that might compromise their independence of
judgment or action or give the appearance of being compromised.
12. Confidential Information
Councilmembers shall respect and preserve the confidentiality of
information provided to them concerning the confidential matters of the
City. They shall neither disclose confidential information without proper
legal authorization nor use such information to advance their personal,
financial or private interests.
• 13. Use of Public Resources
Public resources not available to the general public (e.g., City staff time,
equipment, supplies or facilities) shall not be used by Councilmembers for
private gain or personal purposes.
14. Representation of Private Interests
In keeping with their role as stewards of the public trust, Councilmembers
shall not appear on behalf of the private interests of a third -party before
the City Council or any board, commission or committee or proceeding of
the City.
15. Advocacy
To the best of their ability, Councilmembers shall represent the official
policies and positions of the City Council. When presenting their personal
opinions or positions, members shall explicitly state that they do not
represent the Council or the City.
• 16. Improper Influence
Councilmembers shall refrain from using their position to improperly •
influence the deliberations or decisions of City staff, boards, commissions
or committees.
17. Policy Role of Members
Councilmembers shall respect and adhere to the Council- Manager
structure of Mountain View City government as provided in Slate law and
the City Charter.
18. Positive Work Environment
Councilmembers shall support the maintenance of a positive and
constructive environment for residents, businesses and City employees.
19. Implementation
Ethics standards shall be included in the regular orientations for City
Council candidates. Councilmembers entering office shall sign a
statement affirming they read and understood the City of Mountain View's
City Council Code of Ethics. •
20. Compliance and Enforcement
Councilmembers 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 City government.
This personal code of conduct shall be considered to be a summary of the longer
City Council Code of Conduct document. The City Council Code of Conduct
document shall be considered to be the definitive document relating to ethical
conduct by Mountain View City Councilmembers.
I affirm that I have read and understand the City of Mountain View City Council
Personal Code of Conduct.
Signature
Date
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