33 Staff Report - Intro of Ordinance Relating to Code of EthicsCOUNCIL AGENDA
DATE: 6/5/89
ITEM NO. 33
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: JUNE 1, 1989
TO: MAYOR AND TOWN COUNCIL
FROM: DEBORAH SWARTFAGER, TOWN MANAGER
SUBJECT: INTRODUCTION OF ORDINANCE RELATING TO CODE OF ETHICS
RECOMMENDATION:
Council continue this item to the June 19th Town Council meeting.
DISCUSSION:
Staff is in the process of obtaining all the information required for preparation
of this report before presentation to the Council. Staff recommends that Council
continue this item to the next regular Council meeting of June l9th.
PREPARED BY: DEBORAH SWARTFAGER, Town Manager
DS:pm
MG01 A:\CNCLRPTS\6-5-2
Reviewed by: Attorney
TOWN ACTION DIRECTED TO:
ACTION OF COUNCIL:
TOWN OF LOS GATOS
Council Agenda Report
DATE: MAY 3, 1989
TO: MAYOR AND TOWN COUNCIL
FROM: MARY JO LEVINGER, TOWN ATTORNEY
SUBJECT:
COUNCIL AGENDA
DATE: 5/15/89
ITEM NO. 3 c
ep
INTRODUCTION OF ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 2 OF THE TOWN CODE BY ADDING
SECTION 2-64 RELATING TO CONFLICT OF INTEREST
RECOMMENDATION:
1. Waive the reading.
2. Clerk reads title.
3. Introduce the ordinance amending Chapter 2 of the Town
Code by adding Section 2-64 relating to conflict of
interest.
DISCUSSION:
The proper operation of democratic government requires that
public officials and employees be independent, impartial, and
responsible to the people; that government decisions and policy be
made in the proper channels of the governmental structure; that
public offices not be used for personal gain; and that the public
(Continued page 2)
PREPARED BY: MARY JO LEVINGER
A:/CNCLRPTS/CNFLCT2.TCR
MJL:ymf
cc: Regular Distribution
Reviewed by:
ATTORNEY CLERK TREASURER
TOWN COUNCIL ACTION DIRECTED TO:
ACTION OF COUNCIL:
COMMENTS:
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCTION OF ORDINANCE AMENDING CHAPTER 2 OF THE TOWN
CODE BY ADDING SECTION 2-64 RELATING TO CONFLICT OF
INTEREST
MAY 3, 1989
PAGE 2
have confidence in the integrity of its government. The existing
Code of the Town of Los Gatos directs officials and employees to
disclose private financial interests in matters affecting the Town,
and requires disqualification where such conflicts of interest
exist.
In certain instances, elected and appointed officials have acted
in accordance with the State Conflict of Interest Code (Government
Code Sections 87100 et seq.). However, various council members
have expressed the need for the Town to enact a Code of Ethics,
stricter than state law so as to eliminate any appearance of
impropriety, and that this should also apply to appointed officials
including members of boards and commissions.
The proposed additions to the Town Code will establish ethical
standards of conduct by setting forth those acts or actions that
are incompatible with the best interests of the Town.
MJL:LMA:ymf
a:/cnclrpts/cnflct2.tcr
ORDINANCE NO:
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
CHAPTER 2 OF THE TOWN CODE BY ADDING SECTION 2-64
RELATING TO CONFLICT OF INTEREST
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN:
SECTION I
Section 2-64 of Article VI of Chapter 2 of the Town Code is hereby added to read as
follows:
Section 2-64 Specific Activities Prohibited - Conflict of Interest
In addition to the regulations of 2 California Administrative Code Section
18730 adopted in Section 2-60 of this Article, no elected or appointed Town official,
whether paid or unpaid, shall engage in any business or transaction or have any
financial or personal interest, direct or indirect, which is incompatible with the
proper discharge of the official duties in the public interest or which would tend to
impair the independence of judgment or action in the performance of the official
duties. "Personal", as distinguished from "financial", interest includes an interest
arising from blood or marriage relationship or from an organization of which the
official is a part.
Special conflicts of interest are enumerated as follows for the guidance of
elected or appointed Town officials:
1. Incompatible Employment. No elected or appointed Town official shall
engage in or accept private employment or render services for private interests
when such employment or service is incompatible, inconsistent, or in conflict
with the proper discharge of official duties or would tend to impair the
independence of judgment or action in the performance of official duties,
except as permitted in Section 1126 et seq. of the Government Code. For the
purpose of this section, an official's outside employment, activity, or enterprise
is prohibited if any of the following exists:
(a) The use for private gain or advantage of the official's local
agency time, facilities, equipment and supplies, or the prestige
or influence of the official's local agency, office, or employment;
(b) The acceptance of new private employment or the formation of
a new contract with a private entity which has an existing
contract with the Town, is engaged in litigation against the
Town, or has submitted development plans to the Town; or
(c) It is determined to be incompatible, inconsistent, or in conflict
with the proper discharge of official duties by an Opinion of
either the Town Attorney or the Fair Political Practices
Commission, or statutory or case authority.
2. Representing Private Interests Before Town Boards, Commissions and
the Courts. No elected or appointed Town official shall appear on behalf of
a private interest except as permitted in 2 California Administrative Code
Section 18700(d) before any board or commission of the Town, nor shall the
elected or appointed Town official represent a private interest in any action
or proceeding against the interest of the Town in any civil or criminal court
proceeding to which the Town is a party.
3. Contracts With the Town. No elected or appointed Town official shall
have a financial or personal interest in any business transaction or contract
with the Town or in the sale of real estate, materials, art work, supplies,
services, or other things of value to the Town, except as permitted in Sections
1090 et seq. of the Government Code.
4. Disclosure or Use of Confidential Information. No elected or
appointed Town official shall, without prior formal authorization of the public
body having jurisdiction, disclose any confidential information concerning any
other official or employee, or any other person, or any property or
governmental affairs of the Town. Whether or not it shall involve disclosure,
no official shall use or permit the use of any confidential information to
advance the financial or personal interest of the official or any other person.
As used in this section, confidential information is that information, not
generally available to the public, which the official obtains by means of the
official's special position, and which the official knows is not generally
available to the public and is not intended to be so available.
5. Disclosure of Financial or Personal Interest. An elected or appointed
Town Official who is determined to have a financial or other private interest
in any matter before that body shall disclose the nature and extent of such
interest on the records of the commission, the board, the council or other
appropriate body and abstain from participating in the matter or in any
attempt to use the official position to influence a decision.
6. Sanctions. In addition to any other penalties or remedies provided by
law, any violation of this code may constitute a cause for removal from office
by the Town Council.
7. Applicability of Code. When an elected or appointed official has doubt
as to the applicability of a provision of this code to a particular situation, the
official shall apply to the Town Attorney for an advisory opinion.
SECTION II
This ordinance takes effect 30 days after it is adopted. Within 15 days after
this ordinance is adopted the Town Clerk shall cause it to be published once in a
newspaper of general circulation published and circulated in the Town.
This ordinance was introduced at a meeting of the Town Council
of the Town of Los Gatos on , 1989 and adopted by the following
vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the
Town of Los Gatos on , 1989.
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
A:/CNCLRPTS/CONFLICT.TCR
4
May 15, 1989
Los Gatos, California
CONTINUED ITEMS/MAY 22, 1989
MINUTES OF MAY 8, 1989
MINUTES OF MAY 12, 1989
CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY/STATUS REPORT
CONFLICT OF INTEREST/TOWN CODE AMENDMENT/CHAPTER 2 SECTION 2-64
16510 HARWOOD ROAD/APPEAL PC DENIAL/OW: FALTERSACK
ADJOURNMENT
Motion by Mr. Ferrito to adjourn to Monday, May 22, 1989, at which time there
will be a Closed Session at 7:00 p.m., and regular adjourned meeting will
commence at 7:30 p.m. in the Council Chambers. Seconded by Mr. Carlson.
Carried by a vote of 3 ayes. Mr. Hamilton and Mr. Ventura absent.
Time of adjournment was 1:35 a.m. Tuesday, May 16, 1989.
ATTEST:
MARIAN V. COSGROVE
TOWN CLERK
- 15 -
DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA
DATE: 5/22/89
ITEM NO. 3
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MAY 22, 1989
MAYOR AND TOWN COUNCIL
MARY JO LEVINGER, TOWN ATTORNEY
INTRODUCTION OF ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 2 OF THE TOWN CODE BY ADDING
SECTION 2-64 RELATING TO CONFLICT OF INTEREST
This item is continued from May 15, 1989. Please refer to report dated
May 11, 1989.
PREPARED BY: MARY JO LEVINGER
Distribution: regular distribution
1\
Reviewed by:
attorney
TOWN ACTION DIRECTED TO:
ACTION OF COUNCIL:
A:ordinanc.e
TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
MAY 22, 1989
MINUTES
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council
Chambers of Town Hall, 110 E. Main St., at 7:35 p.m., Monday, May 22, 1989, in
adjourned regular session.
ROLL CALL
PRESENT: Eric D. Carlson arrived at 8:03 p.m., Thomas J. Ferrito, Robert L.
Hamilton, Brent N. Ventura and Mayor Joanne Benjamin.
ABSENT: None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met in closed
Session prior to this evening's meeting, pursuant to Government Code Section
54956.9(a) to discuss Ho v. Los Gatos Town Council. That matter was not
discussed due to the absence of councilmember Carlson, but will resume later
this evening.
Council also met to discuss a Labor Relations matter and there is no report at
this time from that discussion.
MINUTES OF APRIL 24, 1989
Mr. Ventura requested page 1, under Appointments, Personnel, "Mr. Ventura
abstained from voting."
Mr. Ferrito requested page 4, under FAR, 12th line from the bottom, addition
to the sentence reading "support of FAR as a tool for the Planning Commission,
which was requested by the Commission."
Motion by Mr. Ferrito to approve the minutes as amended. Seconded by Mr.
Ventura. Carried by a vote of 4 ayes. Mr. Carlson absent.
MINUTES OF MAY 1, 1989
Mr. Ventura requested page 2, under Project 8803, spelling correction,
"alleviate" at end of paragraph.
- 1 -
.nt,,y 22, 1989
Los Gatos, California
MINUTES OF MAY 1, 1989 CONTINUED
Mr. Ferrito requested page 3, under FAR, "This item was continued to May 15,
1989 regular meeting."
Mr. Ventura requested page 4, under 16920 Farley, first motion, "consensus to
send the issue of caretaker's residences back to Planning Commission."
Motion by Mr. Ventura to approve the minutes as amended. Seconded by Mr.
Ferrito. Carried by a vote of 4 ayes. Mr. Carlson absent.
MINUTES OF MAY 8, 1989
Motion by Mr. Ventura to approve the minutes as submitted. Seconded by Mr.
Ferrito. Carried by a vote of 3 ayes. Mr. Hamilton abstained. Mr. Carlson
absent.
MINUTES OF MAY 12, 1989
Mr. Ferrito verified the minutes as submitted.
CODE ENFORCEMENT/TOWN ATTORNEY
Mr. Ferrito commented on this report and requested active enforcement on items
#2, #13 and #16. He also requested a report on those items by the June 5,
1989 meeting. Mr. Ventura requested a report on item #3 for the same meeting.
Motion by Mr. Ferrito to accept report and request enforcement of items 2, 13
and 16, and information on item 3. Seconded by Mr. Ventura. Carried by a
vote of 4 ayes. Mr. Carlson absent.
The record shows that Mr. Carlson arrived at 8:03 p.m.
CONFLICT OF INTEREST/TOWN CODE AMENDMENT/CHAPTER 2 SECTION 2-64
Mr. Hamilton made several comments on problem with wording in Ordinance.
1. Incompatible Employment more specifically defined.
2. Discharge of duties by an opinion of Town Attorney.
3. Disclosure or Use of Confidential Information.
Mayor Benjamin suggested that Mr. Hamilton redraft the Ordinance with verbage
he is more comfortable with and bring it back to Council for consideration,
and that this item will be continued to a future agenda.
16510 HARWOOD ROAD/APPEAL PC DENIAL/OW: FALTERSACK
Roger Maino representative for Fred Faltersack asked Council to consider the
Resolution he brought to Council's attention. Mr. Ventura and Mayor Benjamin
did not feel. that they could compare the three ordinances before them in, such
short time.
- 2 -
ETHICS WORKBOOK
0 ABAG Training Center for Excellence
P.O. Box 2050
Oakland, California
94604-2050
415-464-7900
TABLE OF CONTENTS
L PUPROSE
H. WHAT IS ETHICS?
1
3
III. THE SITUATIONS 5
721 0 -
/'
"This might not be ethical. Is that a problem for anybody?"
1
I. PURPOSE
This workbook has a twofold purpose. First, it can be used by you personally to
review specific situations and to develop a sharper sense of how you would respond to
similar situations in your own organization.
In addition this workbook is designed to help individuals in an organization
discuss situations that present ethical dilemmas and to explore, clarify, and develop
standards of ethical behavior for the organization.
These two purposes are mutually supportive. As an individual employee, elected
official, part -rime volunteer, advisory commission member, middle manager, or senior
executive with clear personal ethical standards you will be able to contribute to the
strength of your organization's ethics.
Being able to openly discuss ethical situations in an organizational setting will
help ensure that the organization stays ethically healthy. Often times people who are in
public service have limited public service experience and have not yet developed a keen
sense of what is appropriate behavior for the public sector.
The classic examples are the business lunch, corporate entertainment of clients,
and promotional benefits and gratuities. These are perfectly acceptable practices in the
private sector. However, in public service there are different standards of behavior.
Just because an organization provides ethics training, conducts ethics surveys,
develops a code of ethics, and discusses ethical dilemmas is not a sign of ethical weak-
ness. Sometimes in organizations there is a reluctance to bring up ethical issues for fear
that outsiders will suspect something is wrong.
2
The public and especially the press should welcome such activity. The "where there
is smoke, there must be fire" response is foolish and shortsighted.
As with any type of organizational behavior, it takes practice and attention to
be excellent. Organizations with exemplary safety records and superb customer
service reputations didn't get that way by passively waiting for a problem and react-
ing. The leadership pays attention to safety and customer service through personal
example, through clear policy, and through training and evaluation. It's no different
with organizational ethics.
A REMINDER
Some of you may expect that a discussion of these case study situations will
lead to the "right" answers to ethical problems. In some cases what you will find
instead are shades of gray. Many of the situations you face each day do not easily
lend themselves to right or wrong answers. Instead, what is important is that you
learn more about your own value system, develop an awareness of the ethical dimen-
sion to problems, understand the organization's expectations and standards, and
discuss your questions openly with others. In the case of ethics, sometimes it's more
important to raise the question than to have an answer.
3
II. WHAT IS ETHICS?
Societies have rules that define acceptable and unacceptable behavior and
enable members to predict behavior in specific situations with some degree of accu-
racy. But, with modern life seemingly anything but simple, let us suppose that trou-
bling questions about conduct arise in the marginal gray areas, where laws are silent
or coNfusing, the situation ambiguous and complex, and the individual is responsible,
well-intentioned, and at a loss. This is what ethics is all about -- the principles of
right and wrong behavior.
in public service. we are dealing with public behavior.public power. and
private morals. According to the American Society for Public Administration
(ASPA):
Administration (ASPA):
Administrators in the public sector are confronted with two primary.
imperatives -- satisfying their individual standards of professional
performance, conduct, and ethics and adhering to those imposed upon
them by their agencies, public policies, and a critical public. But the
dual expectations that result vary frequently from situation to situation,
place to place, and time to time, creating thorny conflicts.
The issue of good and bad, right and wrong is made more serious and more
complex by the setting. Under conventional local government circumstances, we
must deal with constituent pressures, administrative deadlines, publicity, and the
impact of our decisions on city residents, co-workers, taxpayers, business community,
elected officials, and ultimately, ourselves. Competing and conflicting interests are
rarely absent from our environment. In this context, what is Ethics?
In deference to pragmatism and brevity, let us choose a simple, practical
definition of ethics drawn from a recent article by James Bowman in "Public Person-
nel Management Journal."
While almost every individual has little difficulty understanding the idea of
ethics, it is not easy to define...perhaps the best definition for the practicing
manager is a set of standards by which human actions are determined to be
right or wrong.
However, even when we agree on the set of standards, not all people will
apply them to arrive at the same decision because people see situations differently.
Sometimes where you sit will determine where you stand on an issue. When stan-
dards are promulgated, people in the organization need the opportunity to discuss
them and learn to apply them to their situation.
Finally, there is the issue of public perception and ethics. In the December
1987 issue of "Western City," the League of California Cities prepared several ar-
ticles on ethics. Patricia Nemeth, a former President of the Planning Division of the
League, stated some practical advice about public perception and ethics:
After fifteen years in local government in California, I'm personally
convinced of three things:
Reasonable people will disagree on what or what isn't ethical
behavior.
Local government is becoming ever more conservative in
defining "acceptable" behavior.
We all live in a fish bowl; nothing is secret; and, the safest
ethical decisions will be based on your perception of how the
public will perceive your actions.
5
III. THE SITUATIONS
Each situation is designed as a mini -case study. In all but one, there are three
alternatives offered. In all cases you may wish to develop your own response instead
of choosing a stated alternative.
Opposite each situation is a work sheet for you to capture your reactions to the
situation, explain your choice of action, and what guidance, if any, you used to arrive
at your choice. Recording your responses will help you in discussing each situation
in small groups.
By covering different situations, the group as a whole will be exposed to a
wide range of ethical issues. The point of this kind of discussion is not so much to
arrive at the correct solution (although there are some) as it is to cultivate a critical
style of reflection about your obligation as a public employee.
Depending on the time allotted to the discussion, we may review only a select
sample of situations.
6
SITUATION #1
The city council has just approved the design for a new City Hall complex.
The architectural firm invites a group of you employees on a three -city tour to see
examples of their buildings in reality. They offer to pay for the travel and related
expenses. What do you do?
• You accept, since the City Council has already approved the selection.
Besides, you feel it's good to let the private sector pay for something in the
City's interest.
• You decide to go, because you believe the knowledge you gain will help the
City, but you'll ask the City to pay. You are worried about appearance of
accepting a free trip.
• You politely decline the offer.
• Other:
7
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
8
SITUATION #2
You are helping review the annual funding requests from community groups.
During the interview process you find out that the board of directors of a particular
non-profit organization has decided to redirect its program priorities for the immedi-
ate future and plans to drop out of competition for state grant funds. This information
is not public knowledge. As the director of a similar non-profit corporation, your
spouse is in a good position to capitalize on this information. What do you do?
♦ Call your spouse and spill the beans. After all, it's not City/County money
involved.
• Suggest to your spouse that now is a good time to submit an application to the
State, but don't reveal the specific information you have.
• Keep it to yourself.
• Other:
9
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
10
SITUATION #3
A representative of a company who supplies temporary help on contract in
another City department is a personal friend of yours. She has season tickets to the
ballet and cannot use a pair. She knows your passion for Barishnikov and wants you
to have the the extra tickets. What do you do?
• You accept the tickets because the vendor is an old friend of yours.
• You turn them down because the City has a policy regulating the acceptance
of gifts.
• You accept the tickest but raffle them off to employees in your department.
• Other:
11
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
12
SITUATION #4
A co-worker who is a friend of yours has been borrowing free parking stickers
and validating parking stubs for several of her friends. You know this for a fact
because she has done it in front of you. What would you do?
• Tell the appropriate authority what you know.
• Keep quiet because you don't want your friend to get in trouble over such a
small matter.
• Tell her to knock it off or you will report the incidents to your Department
Head.
• Other:
13
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
14
SITUATION #5
When you moved here to take your current job in the City or County, you and
your spouse of years had broken up. It was a difficult time for you, and you found
one of your co-workers in your office/department very sympathetic. Over time, you
began dating each other discreetly, hoping that no one in the City would find out.
You now are committed to a serious relationship and have moved in together. What
ethical issues are presented to you, and what should you do about them?
• Inform your boss of the relationship.
• Don't do anything. After all, it's your private life. What you do after hours is
nobody's business but yours and your partner's.
• You begin looking for another position in the organization. If there is none
available within a reasonable time, one of you plans to resign.
• Other:
15
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
16
SITUATION #6
You fully realize the tragic toll the AIDS crisis is having on members of the
community. As an employee you know of incidences where other employees use the
City phone, office supplies, copy machine, and work time to help community organi-
zations assist AIDS/ARC victims and to raise money for AIDS research. What
should you do?
• You know it's against City/County policy but you don't stop this activity
because it's a worthy cause.
• You suggest to the employees that using City materials, time, and equipment
for non -City work is against City policy and that they should stop.
• This is okay because there is no personal gain involved.
♦ Other:
17
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
18
SITUATION #7
You are a supervisor. One of your employees has had many personal prob-
lems this year. The employee is frequently late and has trouble meeting deadlines.
The employee is often distracted at work and his/her performance is marginal. What
do you do?
• You are sympathetic to the employee's problems and look the other way when
the employee is late and misses deadlines. You don't want to add to his/her
problems. Besides, you hope the employee will shape up over time.
• You document the problems carefully and counsel the employee that his/her
performance is not acceptable. You give him/her a timetable to improve.
• You confront the employee and demand improved performance. You issue a
warning in writing and warn the employee that continued marginal perfor-
mance will lead to dismissal.
• Other:
19
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
20
SITUATION #8
You know that your boss has been under a great deal of financial pressure and
has taken out more loans than he/she can handle. You are sympathetic in that, in the
past, you have been financially strapped yourself. Now, one of the departmental staff
members has raised some suspicion with you about some of the accounting proce-
dures in the Department. You are worried about a potential problem and begin to
examine the books. Somehow one of the Councilmembers hears about the account-
ing problem and asks you about it. What do you do?
• You tell the Councilmember you cannot talk about it because it is only a
rumor.
• Since the facts are yet to be determined, you tell the Councilmember every-
thing is under control. There is nothing to worry about.
♦ You go around your boss and report your concern to higher authority.
• Other:
21
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
22
SITUATION #9
A. You and several co-workers are supporting the Democratic or Republican
candidate for Congress. The candidates will be speaking at a lunch-time rally
down the street from City Hall. You plan to attend. Is that ethical behavior
for a public employee?
YES
CI NO IJ UNDECIDED
B. At the rally you receive a package of campaign fliers to distribute for the
candidate. On returning to City Hall you decide to put a few out at the recep-
tion counter and distribute the remainder to co-workers as you walk through
City Hall. Is that ethcial?
YES
10 NO UNDECIDED
C. You put a candidate's bumper sticker on your car and proudly wear a cam-
paign button to work each day. Is this ethical behavior?
CI YES
NO EJ UNDECIDED
23
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
24
SITUATION #10
It is Passover and a group of senior citizens brings a box of macaroon cookies
to the Public Works Department to express their appreciation for the way the City/
County handled their request for handicapped parking spaces. What should you do?
• Express appreciation for the gesture and politely refuse the gift, since public
employees shouldn't accept gifts.
• Accept the gift with thanks and take them home for late night snacks.
• Accept the gift with thanks and share them with co-workers.
• Other:
25
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
26
SITUATION #11
You are a supervisor who has been asked to provide a letter of recommenda-
tion on an employee with quite average talents and skills. The employee has applied
for a job in another Department within the City/County. You see this as an opportu-
nity to get rid of a marginal employee and hopefully replace that person with a real
superstar. What do you do?
• Write a glowing letter of recommendation. After all, maybe the employee
will do better in another job.
• Tell it like it is but do not share your comments with the employee because
you don't want to hurt the employee's feeling.
• Call the employee in and advise the employee of your intention to highlight
the marginal performance.
• Other:
27
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
28
SITUATION #12
The City Council/Board of Supervisors has just completed an executive
session with the manager where they have discussed the latest negotiations request.
Notes of the session were left behind and you find them. As a member of the em-
ployee bargaining unit you realize that this is important information. What do you
do?
• Make a copy and give it to your bargaining unit representative.
• Return the notes to management but brief your union representatives of their
content.
• Return the notes to management and keep the information to yourself.
• Other:
29
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
30
SITUATION #13
A colleague has been working on the design of a new social program for the
community with his/her boss. Because the issue is sensitive to the community, the
planning has been kept under raps until an alternative is selected. Professionally your
friend does not agree with the direction the program is taking and is thinking of
leaking details to the press in hopes of building pressure to change the direction.
Your colleague comes to you for advice. What do you say?
• You advise your friend to continue to advocate a point of view while keeping
the discussion confidential.
• You say, "Go for it" If your bosses won't listen to you, go public! That's what
whistle -blowing is all about."
• If your friend feels that his/her point of view is not getting a fair hearing from
the boss, you suggest your friend discuss the concerns with upper manage-
ment.
• Other:
31
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
32
SITUATION #14
A friend of yours from high school has opened a local firm. Your organiza-
tion has issued an R.F.P. for services and you put your friend's firm on the list. Over-
joyed at receiving the R.F.P., your friend calls up and wants to meet with you to get a
"feel for what the organization is really like and what its needs are." Do you meet
with your friend?
• Sure. The more a consultant knows about the organization, the better able to
meet its needs.
• You decline, since this meeting might give your friend an advantage over the
other consultants.
• You set up the meeting with your friend and also inform all the other prospec-
tive consultants that you are available to answer questions.
• Other:
33
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
34
SITUATION #15
You are excited that you are a finalist for the job in the City Attorneys/
County Counsel's office. But one thing concerns you. You have been dating an
attorney who often represents persons with claims against the City/County. You are
getting very serious about this relationship. Should you volunteer this information
during the interview?
CI YES
0 NO 0 UNDECIDED
Reason for your answer:
35
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
36
SITUATION #16
An employee in your organization leaves and takes a job with a community
agency that receives funds from the City/County. Is that ethical?
DYES
0 NO 0 UNDECIDED
Reason for your answer:
In making your determination, what additional information would you need to
know?
37
ETHICS WORK SHEET
(In answering these questions, please be as specific as possible.)
1. Please explain your choice of action in this situation.
2. In arriving at your decision, were you guided by specific laws and/or ordinances?
3. What formal City or County policy guidance governs this situation?
4. Are there professional standards, guidelines, and/or codes of ethics that would apply to
this situation?
THE "ETHICS CHECK" QUESTIONS
1. Is it legal?
Will I be violating either civil law or City/County policy?
2. Is it balanced?
Is it fair to all concerned in the short term as well as the
long term? Does it promote win -win relationships?
3. How will it make me feel about myself?
Will it make me proud?
Would I feel good if my decision was published in
the newspaper?
Would I feel good if my lover, spouse, significant other,
or family knew about it?
Adapted from The Power of Ethical Management
by Blanchard and Peale.
ETHICAL FACT SHEET #1
ETHICAL ISSUE: Acceptance of gifts, favors, and hospitalities.
ETHICAL PRINCIPLE:
Public servants should not directly or indirectly solicit any gift or accept or receive any
gift -- whether it be money, services, loan, travel, entertainment, hospitality, promise, or
any other form -- under the following circumstances: (1) it could reasonably be inferred
or expected that the gift was intended to influence them in the performance of their official
duties; or (2) the gift was intended to serve as a reward for any official action on their
part.
STATE LAW:
Per se State law does not prohibit public employees from accepting gifts. It does prohibit
the solicitation and/or acceptance of gifts, favors, gratuities, etc. in exchange for a deci-
sion.
VARIOUS CODES AND STANDARDS:
ICMA* #12
ASPA #8
AICP #B (6)
Seek no favor, believe that personal
aggrandizement or profit secured by
confidential information or by misuse
of public time is dishonest.
Serve in such a way that we do not
realize undue personal gain from the
performance of our official duties;
A planner must not use the power of any
office or seek or obtain a special advantage
that is not in the public interest nor any
special advantage that is not a matter of
public knowledge.
* ICMA: International City Management Association
ASPA: American Society for Public Administration
AICP: American Institute of Certified Planners
ETHICAL FACT SHEET #2
ETHICAL ISSUE: Use of City equipment, supplies, employees or time for
personal or non -City use.
ETHICAL PRINCIPLE:
This is really not an ethical issue. It's dishonest and prohibited by law.
However, the ethical dilemma seems to arise when the use is slight or is
for a "good cause" such as a charity, local fund raiser, or non-profit com-
munity group.
STATE LAW:
Cities are empowered by State law to prohibit employees from occupying
their time on personal matters or other non -City business when working or
the unauthorized use of City funds, equipment, material.
VARIOUS CODES AND STANDARDS:
ICMA #3 Be dedicated to the highest ideals of of honor and
integrity in all public and personal relationships in order
that the member may merit the respect and confidence
of the elected officials, of other officials and employ-
ees, and of the public.
ASPA #1
Guidelines
Public Confidence, Members should conduct them-
selves so as to maintain public confidence in their
profession, their local government, and in their perfor-
mance of the public trust.
Demonstrate the highest standards of personal integrity,
truthfulness, honesty and fortitude in all our public
activities in order to inspire public confidence and trust
in public confidence and trust in public institutions;
The code goes on to say "Public property, funds and
power should never be directed toward personal or
political gain."
ETHICAL FACT SHEET #3
ETHICAL ISSUE: Conflict of Interest
ETHICAL PRINCIPLE:
Although conflicts of interest characterize all professions, they are
particularly accentuated in public service, where the need to maintain
the public trust is crucial. Public servants frequently find themselves
in situations in which public objectives and private goals, as well as
the means to attain them, are in conflict. So, too, must public employ-
ees deal with conflicts in their loyalties to elected officials and subor-
dinates, immediate unit and agency, and individual programs and
broad organizational missions.
STATE LAW:
The Political Reforms Act, Government Code Section 81000, et sea,
requires cities to adopt a conflict of interest code for each department
of the city.
VARIOUS CODES AND STANDARDS:
JCMA #12
Investments in Conflict with Official Duties. Members should not invest
or hold any investment, directly or indirectly, in any financial business,
commercial, or other private transaction that creates a conflict with their
official duties.
In the case of real estate, the potential use of confidential information and
knowledge to further a member's personal interest requires special consid-
eration. This guideline recognized that members' official actions and
decisions can be influenced if there is a conflict with personal investments.
Purchases and sales which might be interpreted as speculation for quick
profit ought to be avoided.
Because personal investments may prejudice or may appear to influence
official actions and decisions, members may, disclosure of such invest-
ments prior to accepting their position as municipal administrator or prior
to any official action by the governing body that may affect such invest-
ments.
ASPA #3
Avoid any interest or activity which is in conflict with the conduct of our
official duties;
AICP #B (31
A planner must not, without the consent of the client or employer, and
only after full disclosure, accept or continue to perform work if there is a
actual, apparent, or reasonably foreseeable conflict between the interests
of the client or employer and the personal or financial interest of the
planner or of another past or present client or employer of the planner.
ETHICAL FACT SHEET #4
ETHICAL ISSUE: Political activity of city employees.
ETHICAL PRINCIPLE:
Local government should maintain a reputation for serving the public
equally and impartially regardless of political party.
STATE LAW:
1. It is unlawful to expend public funds on partisan and political matters and
on matters appearing on a ballot at an election. This prohibition included
not only the outright expenditure of funds, but also the expenditure and the
payment of expenses for municipal officials who travel on such matters. It
does not apply to incidental expenditures associated with the Council/
Board simply taking the position on a matter, nor does it apply to expendi-
tures for purely informational and non -adversarial purposes.
2. It is unlawful under state law for an offical or employee of the municipal-
ity to directly or indirectly solicit political funds or contributions from
other officers or employees of the organization, unless the solicitation is
done to a significant segment of the public which may incidentally include
officers and employees of the local agency. This prohibition is designed
to protect employees from the intimidating effects of superiors soliciting
contributions of subordinates who may feel that their response to such a
solicitation will impact their career path in the organization.
3. It is unlawful for officers and employees of the municipality to participate
in political activities of any kind while in uniform.
4. It is improper for employees to engage in political activities when they are
supposed to be working. The municipaltiy is further provided under state
law the option to adopt rules and regulations prohibiting officers and
employees from engaging in political activity during non -work periods
during the work day (coffee and lunch breaks and the like) and to engage
in political activities on the premises of the local agency.
5. The fact that the Council/Board may take a position on a partisan matter or
on a ballot measure does not in any way alter the above rules as they apply
to political activity of employees.
VARIOUS CODES AND STANDARDS:
ICMA #7 Refrain from participation in the election of the mem-
bers of the employing legislative body, and from all
partisan political activities which would impair perfor-
mance as a professional administrator.
ASPA WORKBOOK ON ETHICS
As an employee of the public, the administrator is
responsible for the nonpartisan conduct of his or her
duties. As a citizen in a democratic society, the admin-
istrator participates directly in the political process.
ETHICAL FACT SHEET #5
ETHICAL ISSUE: Disclosure of confidential information.
ETHICAL PRINCIPLE:
Each person, whether a public servant, citizen, client, corporation, or
elected official, has rights of privacy to be safeguarded. Furthermore, no
public official or employee shall disclose or use for his or her own benefit
or the benefit of others confidential information which he or she has
acquired by reason of his or her public position. The protection of our
right to privacy may apply to unauthorized sharing of financial informa-
tion, unauthorized access to confidential personnel files / information, the
disclosure of privileged information. The prohibition against the use of
confidential information for personal gain rests on the concept that public
servants should not profit from their public position. Those in public
service very often have access to information not generally available to the
public, the use of which can place them in a position to reap gain or profit.
STATE LAW: (Not researched)
VARIOUS CODES AND STANDARDS:
ICMA #12 Confidential Information. Members should not disclose
to others, or use to further their personal interest,
confidential information acquired by them in the course
of their official duties.
ASPA #9 Respect and protect the privileged information to which
we have access in the course of official duties;
AICP #B (8) A planner must not reveal information gained in a
professional relationship which the client or employer
has requested be held inviolate. Exceptions to this
requirement of non -disclosure may be made only when
(a) required by process of law, or (b) required to
prevent a clear violation of law, or (c) required to
prevent a substantial injury to the public.
CODE OF ETHICS CODE
FROM THE CITY OF
SAN JOSE
RESOLUTION NO. 55371
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE
REPEALING RESOLUTION NO. 53971 AND APPROVING AND
ADOPTING A NEW CODE OF ETHICS.
BE IT RESOLVED 8Y THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. Resolution No. 53971 is hereby repealed.
SECTION 2. The following Code of Ethics is hereby approved as the
Code of Ethics for officials and employees of the City of San Jose.
CITY OF SAN JOSE
-CODE OF ETHICS -
Declaration of Policy
Elected and appointed officials and employees of the City of San
Jose (hereinafter "City") at all levels are agents of the public purpose
and conservators of the public trust. The proper operation of municipal
government requires that they be independent, impartial and responsible
in the fulfillment of the public trust placed on them. The citizens of
San Jose expect and must receive the highest standard of ethics from all
those in public service, regardless of personal consideration.
II
Responsibilities of Public Service
Persons in the public service are bound to uphold the Constitution
of the United States and the Constitution of the State of California, and
to carry out the laws of the nation, state, and the City. They are bound
to observe, in their official acts, the highest standards of integrity
and to discharge faithfully the duties of their offices, recognizing that
the lives, safety, health and welfare of the general public must be their
primary concern. Their conduct in both their official and private
affairs should be above reproach to assure that their public office is
not used for personal gain.
-1-
1043A
0064A
4
III
Conflicts of Interest
Persons in the public service shall not make personal investments
nor maintain any direct or indirect interest in enterprises, activities,
or entities which they have or ought to have reason to believe may be
involved in decisions or recommendations to be made by them or persons
under their supervision, or which may otherwise create a substantial
conflict between their private interests and the public interest or may
impair their independence of judgment in the discharge of their official
duties. If, however, persons in the public service have financial
interests in matters coming before them, or before the department in
which they are employed, they shall disqualify themselves from making,
participating in the making, or seeking to influence any decision
respecting such matter.
IV
Acceptance of Favors and Gratuities
Persons in the public service shell not accept money or other con-
sideration or favors from anyone other than the City for the performance
of an act which they would be reauired or expected to perform in the reg-
ular course of their duties; nor shall such persons accept any gifts,
gratuities or favors of any kind which might reasonably be interpreted as
an attempt to influence their actions with respect to city business.
Except as provided in the Municipal Code, employees and officials with
authority to make or influence municipal decisions shall accept no gifts.
V
Use of Confidential Information
Persons in the public service shall not use confidential informa-
tion acautred by or available to them in the course of their employment
with the City for speculation or personal gain. Persons in the public
service shall uphold the public's right to know, and in accordance with
-2-
1043A
0064A
1
Res, 55321
/E4/1/82
the Brown Act, uphold the public's right to know not only the decisions
taken, but also the deliberations which shape public policies.
VI
Use of City Employment and Facilities for Private Gain
Persons in the public service shall not use, for private gain or
advantage, their city time or the City's facilities, equipment or sup-
plies, nor shall they use or attempt to use their position to secure
unwarranted privileges or exemptions for themselves or others.
VII
Incompatible Employment
Persons in the public service shall not 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 or would tend to impair their independence of judgment or action
in the performance of their official duties.
All City employees considering outside employment must apply for an
Outside Work Permit prior to acceptance of the employment offer.
It shall be the Administration's responsibility to determine if the
outside work is compatible in accordance with Section 3.04.1710 of the
San Jose Municipal Code.
VIII
Discussion of Future Employment
All offers or discussions of offers to City employees of future
employment outside the City service must be reported immediately to the
employee's supervisor whenever such discussions occur with, or when such
offer is made by, any person, firm or organization presently dealing with
the City concerning matters directly within the employee's current areas
of decision -making responsibilities.
It shall be within the supervisor's discretionary powers to relieve
said employee from further decision -making responsibilities in relation-
ship Eo said person, firm or organization if he or she determines that
the offer of employment or discussions of an offer of employment would
1043A
0064A
-3-
impair the er )yee's independence or judgment L could be construed by
others as a bid for favorable treatment.
IX
Activities Incompatible with Official Duties and the
Reporting of Improper Government Activities
Persons in the City service are strongly encouraged to fulfill
their own
moral obligations to the City by disclosing to the extent not
expressly prohibited by law, improper governmental activities within
their knowledge. No officer or employee of the City shall directly or
indirectly use or attempt to use the authority or influence of such
officer or employee for the purpose of intimidating, threatening,
coercing, commanding, or influencing any person with the intent of
interfering with that person's duty to disclose such improper activity.
Persons
their service
basis of race,
X
Affirmative Action
in the public service shall not, in the performance of
responsibilities, discriminate against any person on the
religion, color, creed, age, marital status, national
origin, ancestry, sex, sexual preference, medical condition, or handicap
and they shall comply with the equal employment opportunity and
affirmative action goals and objects of the City.
XI
Penalties for Non -Compliance
In addition to any other penalty as provided by law, violations of
tnis Code of Ethics may be used as a basis for disciplinary action or
censure of a council member by the Council. Violation of this code of
-4-
1043A
0064A
4/1/82
ethics by bard end ,.ommission members shall constitute official
misconduct.
vote:
ADOPTED this 23rd day of March , 1982, by the following
AYES:
NOES:
Alvarado, Beall, Fletcher, Ianni, Lewis, McEnery, Ryden,
Sausedo, Williams, and Hayes
None
ABSENT: Estruth
ATTEST:
Helen E. JaCITY CLERK
1043A
0064A
-5-
CODE OF ETHICS CODE
FROM THE CITY OF
SAN JOSE
PJL:Epl: j1
4;1/1/82
•
RESOLUTION NO. 55371
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE
REPEALING RESOLUTION NO. 53971 AND APPROVING AND
ADOPTING A NEW CODE OF ETHICS.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. Resolution No. 53971 is hereby repealed.
SECTION 2. The following Code of Ethics is hereby approved as the
Code of Ethics for officials and employees of the City of San Jose.
CITY OF SAN JOSE
-CODE OF ETHICS -
Declaration of Policy
Elected and appointed officials and employees of the City of San
Jose (hereinafter "City") at all levels are agents of the public purpose
and conservators of the public trust. The proper operation of municipal
government requires that they be independent, impartial and responsible
in the fulfillment of the public trust placed on them. The citizens of
San Jose expect and must receive the highest standard of ethics from all
those in public service, regardless of personal consideration.
II
Responsibilities of Public Service
Persons in the public service are bound to uphold the Constitution
of the United States and the Constitution of the State of California, and
to carry out the laws of the nation, state, and the City. They are bound
to observe, in their official acts, the highest standards of integrity
and to discharge faithfully the duties of their offices, recognizing that
the lives, safety, health and welfare of the general public must be their
primary concern. Their conduct in both their official and private
affairs should be above reproach to assure that their public office is
not used for personal gain.
1043A
-1-
0064A
4/1/82
III
Conflicts of Interest
Persons in the public service shall not make personal investments
nor maintain any direct or indirect interest in enterprises, activities,
or entities which they have or ought to have reason to believe may be
involved in decisions or recommendations to be made by them or persons
under their supervision, or which may otherwise create a substantial
conflict between their private interests and the public interest or may
impair their independence of judgment in the discharge of their official
duties. If, however, persons in the public service have financial
interests in matters coming before them, or before the department in
which they are employed, they shall disqualify themselves from making,
participating in the making, or seeking to influence any decision
respecting such matter.
IV
Acceptance of Favors and Gratuities
Persons in the public service shall not accept money or other con-
sideration or favors from anyone other than the City for the performance
of an act which they would be required or expected to perform in the reg-
ular course of their duties; nor shall such persons accept any gifts,
gratuities or favors of any kind which might reasonably be interpreted as
an attempt to influence their actions with respect to city business.
Except as provided in the Municipal Code, employees and officials with
authority to make or influence municipal decisions shall accept no gifts.
V
Use of Confidential Information
Persons in the public service shall not use confidential informa-
tion acquired by or available to them in the course of their employment
with the City for speculation or personal gain. Persons in the public
service shall uphold the public's right to know, and in accordance with
-2-
1043A
0064A
RJL: EA: ,1 1
4/1/82
Res. 55371
the Brown Act, uphold the public's right to know not only the decisions
taken, but also the deliberations which shape public policies.
VI
Use of City Employment and Facilities for Private Gain
Persons in the public service shall not use, for private gain or
advantage, their city time or the City's facilities, equipment or sup-
plies, nor shall they use or attempt to use their position to secure
unwarranted privileges or exemptions for themselves or others.
VII
Incompatible Employment
Persons in the public service shall not 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 or would tend to impair their independence of judgment or action
in the performance of their official duties.
All City employees considering outside employment must apply for an
Outside Work Permit prior to acceptance of the employment offer.
It shall be the Administration's responsibility to determine if the
outside work is compatible in accordance with Section 3.04.1710 of the
San Jose Municipal Code.
VIII
Discussion of Future Employment
All offers or discussions of offers to City employees of future
employment outside the City service must be reported immediately to the
employee's supervisor whenever such discussions occur with, or when such
offer is made by, any person, firm or organization presently dealing with
the City concerning matters directly within the employee's current areas
of decision -making responsibilities.
It shall be within the supervisor's discretionary powers to relieve
said employee from further decision -making responsibilities in relation-
ship to said person, firm or organization if he or she determines that
the offer of employment or discussions of an offer of employment would
-3-
1043A
0064A
impair the em .yee's independence of judgment o, could be construed by
others as a bid for favorable treatment.
IX
Activities Incompatible with Official Duties and the
Reporting of Improper Government Activities
Persons in the City service are strongly encouraged to fulfill
their own moral obligations to the City by disclosing to the extent not
expressly prohibited by law, improper governmental activities within
their knowledge. No officer or employee of the City shall directly or
indirectly use or attempt to use the authority or influence of such
officer or employee for the purpose of intimidating, threatening,
coercing, commanding, or influencing any person with the intent of
interfering with that person's duty to disclose such improper activity.
X
Affirmative Action
Persons in the public service shall not, in the performance of
their service responsibilities, discriminate against any person on the
basis of race, religion, color, creed, age, marital status, national
origin, ancestry, sex, sexual preference, medical condition, or handicap
and they shall comply with the equal employment opportunity and
affirmative action goals and objects of the City.
XI
Penalties for Non -Compliance
In addition to any other penalty as provided by law, violations of
this Code of Ethics may be used as a basis for disciplinary action or
censure of a council member by the Council. Violation of this code of
-4-
1043A
0064A
4/1/dJ
Res. 55311
ti ethics by bastd end commission members shall constitute official
misconduct.
vote:
ADOPTED thia 23rd day of March , 1982, by the following
AYES:
NOES:
ABSENT:
ATTEST:
Alvarado, Beall, Fletcher, Ianni, Lewis, McEnery, Ryden,
Sausedo, Williams, and Hayes
None
Estruth
Helen E. Ja"on CITY CLERK
-5-
1043A
0064A
CODE OF ETHICS CODE
FROM THE CITY OF
SAN JOSE
P.JL: E11: 1 1
W 1 /8 2
RESOLUTION NO. 55371
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE
REPEALING RESOLUTION NO. 53971 AND APPROVING AND
ADOPTING A NEW CODE OF ETHICS.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. Resolution No. 53971 is hereby repealed.
SECTION 2. The following Code of Ethics is hereby approved as the
Code of Ethics for officials and employees of the City of San Jose.
CITY OF SAN JOSE
-CODE OF ETHICS -
Declaration of Policy
Elected and appointed officials and employees of the City of San
Jose (hereinafter "City") at all levels are agents of the public purpose
and conservators of the public trust. Toe proper operation of municipal
government requires that they be independent, impartial and responsible
in the fulfillment of the public trust placed on them. The citizens of
San Jose expect and must receive the highest standard of ethics from all
those in public service, regardless of personal consideration.
II
Responsibilities of Public Service
Persons in the public service are bound to uphold the Constitution
of the United States and the Constitution of the State of California, and
to carry out the laws of the nation, state, and the City. They are bound
to observe, in their official acts, the highest standards of integrity
and to discharge faithfully the duties of their offices, recognizing that
the lives, safety, health and welfare of the general public must be their
primary concern. Their conduct in both their official and private
affairs should be above reproach to assure that their public office is
not used for personal gain.
-1-
1043A
0064A
4/1/82
III
Conflicts of Interest
Persons in the public service shall not make personal investments
nor maintain any direct or indirect interest in enterprises, activities,
or entities which they have or ought to have reason to believe may be
involved in decisions or recommendations to be made by them or persons
under their supervision, or which may otherwise create a substantial
conflict between their private interests and the public interest or may
impair their independence of judgment in the discharge of their official
duties. If, however, persons in the public service have financial
interests in matters coming before them, or before the department in
which they are employed, they shall disqualify themselves from making,
participating in the making, or seeking to influence any decision
respecting such matter.
Persons in the
sideration or favors
of an act which they
ular course of their
gratuities or favors
IV
Acceptance of Favors and Gratuities
public service shall not accept money or other con -
from anyone other
would be required
duties; nor shall
of any kind which
than the City for the performance
or expected to perform in the reg-
such persons accept any gifts,
might reasonably be interpreted as
an attempt to influence their actions with respect
to city business.
Except as provided in the Municipal Code, employees and officials with
authority to make or influence municipal decisions shall accept no gifts.
V
Use of Confidential Information
Persons in the public service shall not use confidential informa-
tion acquired by or available to them in the course of their employment
with the City for speculation or personal gain. Persons in the public
service shall uphold the public's right to know, and in accordance with
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"^s. 55371
the Brown Act, uphold the public's right to know not only the decisions
taken, but also the deliberations which shape public policies.
VI
Use of City Employment and Facilities for Private Gain
Persons in the public service shall not use, for private gain or
advantage, their city time or the City's facilities, equipment or sup-
plies, nor shall they use or attempt to use their position to secure
unwarranted privileges or exemptions for themselves or others.
VII
Incompatible Employment
Persons in the public service shall not 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 or would tend to impair their independence of judgment or action
in the performance of their official duties.
All City employees considering outside employment must apply for an
Outside Work Permit prior to acceptance of the employment offer.
It shall be the Administration's responsibility to determine if the
outside work is compatible in accordance with Section 3.04.1710 of the
San Jose Municipal Code.
VIII
Discussion of Future Employment
All offers or discussions of offers to City employees of future
employment outside the City service must be reported immediately to the
employee's supervisor whenever such discussions occur with, or when such
offer is made by, any person, firm or organization presently dealing with
the City concerning matters directly within the employee's current areas
of decision -making responsibilities.
It shall be within the supervisor's discretionary powers to relieve
said employee from further decision -making responsibilities in relation-
ship to said person, firm or organization if he or she determines that
the offer of employment or discussions of an offer of employment would
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impair the employee's independence of judgment or could be construed by
others as a bid for favorable treatment.
IX
Activities Incompatible with Official Duties and the
Reporting of Improper Government Activities
Persons in the City service are strongly encouraged to fulfill
their own moral obligations to the City by disclosing to the extent not
expressly prohibited by law, improper governmental activities within
their knowledge. No officer or employee of the City shall directly or
indirectly use or attempt to use the authority or influence of such
officer or employee for the purpose of intimidating, threatening,
coercing, commanding, or influencing any person with the intent of
interfering with that person's duty to disclose such improper activity.
Affirmative Action
Persons in the public service shall not, in the performance of
their service responsibilities, discriminate against any person on the
basis of race, religion, color, creed, age, marital status, national
origin, ancestry, sex, sexual preference, medical condition, or handicap
and they shall comply with the equal employment opportunity and
affirmative action goals and objects of the City.
XI
Penalties for Non -Compliance
In addition to any other penalty as provided by law, violations of
this Code of Ethics may be used as a basis for disciplinary action or
censure of a council member by the Council. Violation of this code of
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Res. 55371
ethics by bau%sd and commission members shall constitute official
misconduct.
vote:
ADOPTED this 23rd day of March , 1982, by the following
AYES:
NOES:
ABSENT:
ATTEST:
1043A
Alvarado, Beall, Fletcher, Ianni, Lewis, McEnery, Ryden,
Sausedo, Williams, and Hayes
None
Estruth
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