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HomeMy WebLinkAbout55E - RESOLUTION - CODE OF ETHICSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: J[TNE 2 , 2008 TITLE: RESOLUTION ESTABLISHING A CODE OF ETHICS AND CONDUCT FOR ELECTED OFFICIALS AND MEMBERS OF APPOINTED BOARDS, COMMISSIONS, AND COMMITTEE =~_ CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER As recommended by the Ad Hoc Committee on Ethics Review: 1. Adopt a resolution establishing a Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees. 2. Direct the City Attorney and the Clerk of the Council to develop the appropriate procedures for ensuring that all current elected and appointed officials receive a copy and certify that their duties will be conducted in accordance with the provisions in the Code of Ethics and Conduct, and are provided the necessary training clarifying the provisions and application of the code. DISCUSSION On February 5, 2008, Measure D was approved by the voters of the City of Santa Ana. This measure added Section 401.05 to the City Charter and requires the adoption of a Code of Ethics and Conduct for elected officials and members of appointed boards, commissions and committees within six months of the effective date of Charter Section 401.05. Adoption of a Code of Ethics and Conduct on or before September 5, 2008, would comply with these provisions. 55E-1 Report of Ad Hoc Committee on Ethics Review June 2, 2008 Page 2 The Code of Ethics and Conduct is intended to provide high standards of conduct for all elected officials and members of appointed boards, commissions, and committees and also to increase public confidence in City government. Following the Secretary of State's acceptance of the Charter amendments on March 5, 2008, an Ad Hoc Committee was formed to develop and present a Code of Ethics and Conduct for the Council's consideration. The Ad Hoc Committee invited JoAnne Speers, Executive Director, Institute for Local Government, to advise them on approaches to develop the required code. Ad Hoc Committee members also attended work study sessions of the various boards or commissions to seek their input on core values to be considered for inclusion in a code of ethics tailored for Santa Ana. A City Council work study session was held on May 19, 2008 to hear public and City Council comments related to the code. The Code of Ethics and Conduct, referenced as Exhibit 1 in the subject resolution, identifies five core values including integrity/honesty, responsibility/protecting the public's interests, fairness/accountability, respect for fellow elected or appointed officials, staff, and the public, and, proper and efficient use of public resources. In addition to the core values the committee is recommending several expressions of behavior that typify the values. Elected and appointed officials of the City will be asked to certify that they have received a copy of the Code of Ethics and Conduct and that they will conduct their duties in accordance with the provisions in the code. FISCAL IMPACT There is no fiscal impact assoc Patricia Healy-~V- Clerk of the Council 55E-2 05/28/08 jxs RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A CODE OF ETHICS AND CONDUCT FOR ELECTED OFFICIALS AND MEMBERS OF APPOINTED BOARDS, COMMISSIONS AND COMMITTEES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana ("Council") hereby finds, determines and declares as follows: A. On February 5, 2008, Measure D was approved by the voters of the City of Santa Ana, thereby adding Section 401.05 to the City of Santa Ana City Charter. B. Charter Section 401.05 requires the adoption of a Code of Ethics and Conduct for elected officials and members of appointed boards, commissions and committees within six months of the effective date of Charter Section 401.05. C. Adoption of a Code of Ethics and Conduct on or before September 5, 2008, would comply with these provisions. D. On March 3, 2008, the City Council approved the formation of a three member ad hoc committee to meet, develop and present a Code of Ethics and Conduct for City Council consideration. E. The Code of Ethics and Conduct is intended to provide high standards of conduct for all elected officials and members of appointed boards, commissions, and committees. F. The Code of Ethics and Conduct is intended to increase public confidence in City Government. G. The Code of Ethics and Conduct is intended to assist elected and appointed officials with decision-making. H. The Code of Ethics and Conduct represents a commitment by Santa Ana public officials to uphold a standard of integrity above and beyond that required by law. 1 55E-3 05/28/08 jxs I. The ad hoc committee and staff have made presentations to all of the City Boards and Commissions to explain the purpose of the Code of Ethics and Conduct and to seek their input on the Code. J. The City Council conducted a work study session on May 19, 2008 and heard public testimony related to the Code of Ethics and Conduct at its May 19 and June 2 City Council meetings. Section 2: The City Council hereby approves the Code of Ethics and Conduct attached hereto as Exhibit 1. Section 3: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2008. Miguel Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 2 55E-4 05/28/08 jxs CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 3 55E-5 05/28/08 jxs __ _____ CITY OF SANTA ANA CODE OF ETHICS AND CONDUCT APPROVED JUNE , 2008 The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter of the City of Santa Ana which states: "The City of Santa Ana shall adopt a Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government elected and appointed officials." Consistent with the vote of the people, the following Code of Ethics and Conduct is hereby adopted by the City of Santa Ana to ensure effective and fair operation of the local government of the City of Santa Ana. PREAMBLE It is the intent of this code to achieve fair, ethical, and accountable local government for the City of Santa Ana. The people of Santa Ana expect public officials, both elected and appointed, to comply with both the letter and the spirit of the laws of the State of California, the United States of America, and the Charter, Municipal Code, and established policies of the City of Santa Ana affecting the operations of local government. In addition, public officials are expected to comply with the provisions of this Code of Ethics and Conduct established pursuant to the expressed will of the people. All persons covered by this code will aspire to meet the highest ethical standards in the conduct of their responsibility as an elected or appointed official of the City of Santa Ana. This code addresses various aspects related to the governance of the City of Santa Ana and supplements, but does not supplant other laws and rules that prescribe the legal responsibilities of City officials. These include, but are not limited to, the Federal and State Constitutions, various provisions of the California Government Code (such as the Brown Act and the Political Reform Act), the Labor Code, laws prohibiting discrimination and harassment, and the City of Santa Ana Charter and Municipal Code. Elected and appointed officials are expected to be familiar with these laws to ensure that they exercise their public responsibilities in a proper fashion. This code is not designed to be used as a tool to remove appointed officials, as the City Council retains the right under the Charter and Municipal Code to remove appointed officials in accordance with those provisions. 4 55E-6 05/28/08 jxs While it is not possible to anticipate and provide a rule of conduct and ethics for all situations that public officials may face, this Code of Ethics and Conduct is designed to provide a framework to guide public officials in their daily duties. SCOPE The provisions of this Code of Ethics and Conduct shall apply to the Mayor and members of the City Council, and to all members of the boards, commissions, and committees appointed by the City Council or the Mayor or the Mayor and City Council, including any ad hoc committees. Further, the provisions of this Code of Ethics and Conduct shall only apply to these officials and members acting in their official capacities and in the discharge of their duties. CORE VALUES Attitudes, words, and actions should demonstrate, support, and reflect the following qualities and characteristics for the well being of our community. The five core values and expressions that reflect these core values are as follows: INTEGRITY/ HONESTY ^ I am honest with my fellow elected officials, the public and others. ^ I do not promise what I believe to be unrealistic. ^ I am prepared to make unpopular decisions when my sense of the public's best interests requires it. ^ I credit others' contributions to moving our community's interests forward. ^ I do not knowingly use false or inaccurate information to support my position or views. ^ I safeguard the ability to make independent, objective, fair and impartial judgments by scrupulously avoiding financial and social relationships and transactions that may compromise, or give the appearance of compromising, objectivity, independence, and honesty. RESPONSIBILITY/PROTECTING THE PUBLIC'S INTERESTS ^ I do not accept gifts, services or other special considerations because of my public position. ^ I excuse myself from participating in decisions when my or my immediate family's financial interests may be affected by my agency's actions. 5 55E-7 05/28/08 jxs I do not give special treatment or consideration to any individual or group beyond that available to any other individual. I refrain from disclosing confidential information concerning litigation, personnel, property, or other affairs of the City, without proper legal authority, nor use such information to advance my financial or other personal interests. FAIRNESS/ACCOUNTABILITY ^ I promote meaningful public involvement in the agency's decision-making processes. ^ I treat all persons, claims and transactions in a fair and equitable manner; I make decisions based on the merits of the issue. ^ If I receive substantive information that is relevant to a matter under consideration from sources outside the public decision-making process, I publicly share it with my fellow governing board members and staff. ^ I work to contribute to a strong organization that exemplifies transparency and open communication. RESPECT FOR FELLOW ELECTED OR APPOINTED OFFICIALS, STAFF, AND THE PUBLIC ^ I treat my fellow officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community. ^ I work towards consensus building and gain value from diverse opinions. ^ I respect the distinction between the role of office holder and staff; I involve staff in meetings with individuals, those with business before the agency, officials from other agencies and legislators to ensure proper staff support and to keep staff informed ^ I conduct myself in a courteous and respectful manner at all times during the performance of my official City duties. ^ I encourage full participation of all persons and groups; I am aware and observe important celebrations and events which reflect the values of our diverse population. PROPER AND EFFICIENT USE OF PUBLIC RESOURCES I do not use public resources, such as agency staff time, equipment, supplies or facilities, for private gain or personal purposes. I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the agency, especially its financial stability. I demonstrate concern for the proper use of agency assets (such as personnel, time, property, equipment, funds) and follow established procedures. 6 55E-8 05/28/08 jxs ^ I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents. IV. IMPLEMENTATION AND ENFORCEMENT City of Santa Ana elected and appointed officials of the various boards, commissions and committees 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. This code of ethics will be most effective when the elected and appointed officials are thoroughly familiar with it and embrace its provisions. Upon adoption of this code, all current elected or appointed officials shall be given a copy of the code and asked to affirm in writing that they have received the code, understand its provisions, and pledge to conduct themselves by the code. All new members of the City Council, upon election or reelection, and members of boards, commissions, and committees appointed by the City Council, upon appointment or reappointment, shall be given a copy of the code and are required to affirm in writing they have received the code and understand its provisions, and pledge to conduct themselves by the code. (See Attachment) Additionally, all members of the City Council, boards, commissions, and committees, as part of their AB1234 training, shall be provided additional training clarifying the provisions and application of this code. The City Attorney, or his/her designee, shall serve as a resource person to those persons covered by the code to assist them in determination of appropriate actions consistent with the code. A periodic review of the code shall be conducted to ensure that the code is an effective and vital document. This Code of Conduct is intended to be a reflection of the community's values as articulated by the Mayor and City Council as they represent the will of the people of the City of Santa Ana. 7 55E-9 05/28/08 jxs ATTACHMENT CERTIFICATION As an elected or appointed official of the City of Santa Ana, California, I herein certify that I have received a copy of the Code of Ethics and Conduct of the City of Santa Ana, have been offered training and assistance in understanding this code, and am aware of the provisions of the code and its application to my responsibilities. Consistent with the code, I pledge the following in the conduct of my duties. INTEGRITY/ HONESTY ^ I am honest with my fellow elected officials, the public and others. ^ I do not promise what I believe to be unrealistic. ^ I am prepared to make unpopular decisions when my sense of the public's best interests requires it. ^ I credit others' contributions to moving our community's interests forward. ^ I do not knowingly use false or inaccurate information to support my position or views. ^ I safeguard the ability to make independent, objective, fair and impartial judgments by scrupulously avoiding financial and social relationships and transactions that may compromise, or give the appearance of compromising, objectivity, independence, and honesty. RESPONSIBILITY/PROTECTING THE PUBLIC'S INTERESTS ^ I do not accept gifts, services or other special considerations because of my public position. ^ I excuse myself from participating in decisions when my or my family's financial interests may be affected by my agency's actions. ^ I do not give special treatment or consideration to any individual or group beyond that available to any other individual. ^ I refrain from disclosing confidential information concerning litigation, personnel, property, or other affairs of the City, without proper legal authority, nor use such information to advance my financial or other personal interests. FAIRNESS/ACCOUNTABILITY ^ I promote meaningful public involvement in the agency's decision-making processes. ^ I treat all persons, claims and transactions in a fair and equitable manner; I make decisions based on the merits of the issue. 8 55E-10 05/28/08 jxs ^ If I receive substantive information that is relevant to a matter under consideration from sources outside the public decision-making process, I publicly share it with my fellow governing board members and staff. ^ I work to contribute to a strong organization that exemplifies transparency and open communication. RESPECT FOR FELLOW ELECTED OR APPOINTED OFFICIALS, STAFF, AND THE PUBLIC ^ I treat my fellow officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community. ^ I work towards consensus building and gain value from diverse opinions. ^ I respect the distinction between the role of office holder and staff; I involve staff in meetings with individuals, those with business before the agency, officials from other agencies and legislators to ensure proper staff support and to keep staff informed ^ I conduct myself in a courteous and respectful manner at all times during the performance of my official City duties. ^ I encourage full participation of all persons and groups; I am aware and observe important celebrations and events which reflect the values of our diverse population. PROPER AND EFFICIENT USE OF PUBLIC RESOURCES ^ I do not use public resources, such as agency staff time, equipment, supplies or facilities, for private gain or personal purposes. ^ I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the agency, especially its financial stability. ^ I demonstrate concern for the proper use of agency assets (such as personnel, time, property, equipment, funds) and follow established procedures. ^ I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents. Signed this day of ,2008 Name: Office 9 55E-11 55E-12