18 Staff Report. Code of Conduct
Reviewed by: Town Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/21/2023 ITEM NO: 18
DATE: November 12, 2023
TO: Mayor and Town Councilmembers
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Discuss and Provide Direction to Potentially Modify Town Policies and
Procedures, Including Town Council Policy 2-04, “Town Council Code of
Conduct,” Town Council Policy 2-05, “Planning Commission Policies and
Procedures,” Town Council Policy 2-11, “Commission Appointments,
Residency, and Attendance Requirements, and Establishing a Quorum,” and
the Commissioner Handbook
RECOMMENDATION:
Discuss and provide direction to potentially modify Town Policies and Procedures, including
Town Council Policy 2-04, “Town Council Code of Conduct,” Town Council Policy 2-05, “Planning
Commission Policies and Procedures,” Town Council Policy 2-11, “Commission Appointments,
Residency, and Attendance Requirements, and Establishing a Quorum,” and the Commissioner
Handbook.
BACKGROUND:
The purpose of this agenda item is for the Town Council to discuss potential updates to the
various Town documents that address Councilmember and Board and Commission member
conduct. Currently the Town has a number of Town Council Policies relating to this topic:
• Town Council Policy 2-04: Town Council Code of Conduct includes a disciplinary process
and states its “expectations of conduct” apply to Board and Commission members as
well (Attachment 1).
• Town Council Policy 2-05: Planning Commission Policies and Procedures addresses legal
and ethical standards, but not discipline (Attachment 2).
• The Commissioner Handbook provides:
PAGE 2 OF 4 SUBJECT: Direction on Potential Changes to Town Council Code of Conduct Policy and Related Policies DATE: November 12, 2023
BACKGROUND (continued):
“If a member of a Town Board, Commission, or Committee does not follow the
Commissioners Handbook, the Mayor or his/her designee will counsel that member
regarding the rules and their importance to the Council and the Town (see Resolution
1999-167 and the Town Council Code of Conduct Policy).”
• In addition, Town Council Policy 2-11: Commission Appointments, Residency, and
Attendance Requirements, and Establishing a Quorum provides that a Commissioner
may be removed by a 3/5 vote of the Town Council for, among other things, failure to
comply with all Town Policies, Guidelines, and Handbooks (Attachment 3, page 7).1
At its February 17th meeting, the Policy Committee discussed potential modifications to the
documents referenced above. A copy of the staff report with its attachments is included as
Attachment 4. The Policy Committee recommended:
1) Clarifying that the Code of Conduct applies to members of Town Boards, Commissions,
and Committees in addition to Town Councilmembers.
2) Providing specific examples of what constitutes a major as opposed to a minor violation
of the Code of Conduct.
3) Setting forth a process for subject of a complaint to present facts to the Town Council.
4) In the event that a public hearing is held regarding recommended discipline, providing
the subject of the complaint with ten minutes to make an introductory statement and
five minutes at the end of the public hearing to make an additional statement.
5) Providing that censure be done by adoption of a written statement.
6) Providing clarification regarding the rules that apply when one is speaking on behalf of a
Board or Commission versus providing one’s individual opinion.
The Policy Committee considered this topic again on March 28, 2023. Attachment 5 contains a
copy of the staff report and its attachments. At the March 28th meeting, the Policy Committee
recommended that this topic come to the full Town Council for discussion.
In October, staff brought to the Policy Committee’s attention that the Commission
Appointment Policy contains language pertaining to conflict of interest which is better suited
for the Town Council Code of Conduct Policy. The Committee agreed that when the Council
discusses the Code of Code Policy, staff should suggest this modification and the removal of the
conflict language from the Commission Appointment Policy.
1 In addition, Town Code Section 2.40.030 provides that the Town Council may remove any member of a Town
board or commission from office prior to the expiration of the member’s term by the affirmative vote of not less
than 3/5 of all the members of the Town Council.
PAGE 3 OF 4 SUBJECT: Direction on Potential Changes to Town Council Code of Conduct Policy and Related Policies DATE: November 12, 2023
DISCUSSION:
The Town Clerk requested Codes of Conduct from all Santa Clara County jurisdictions.2 Staff
has noted the following general themes:
• The Code of Conduct can encompass both the Council and the Boards and Commissions
or there can be separate Codes of Conduct for Councilmembers as opposed to Board
and Commission members.
• Some Codes of Conduct do not provide for Commissioner discipline. Instead, the Codes
of Conduct provide that Commissioners can be removed by a 4/5 vote of the Council.
• Many Codes of Conduct do not establish a formal process for reviewing complaints.
Staff seeks direction from the Town Council on the following general questions:
1) Does the Town Council prefer that the Code of Conduct address only conduct? Or that
the “Code of Conduct” be one chapter in a broader policy addressing Councilmember
roles and responsibilities?
2) Should the complaint intake and processing procedure in the “Code of Conduct” apply
to Board/Commission members as well as Town Councilmembers? If yes:
a. Should there continue to be a pre-determined evaluation committee or should
complaints be handled on a case by case basis?
b. If there is a pre-determined evaluation committee, should the evaluation
committee be the same for both Councilmember complaints and
Board/Commission member complaints?
3) Should there be an option to discipline Board/ Commission members or should the
option be removal only?3
a. If the option is removal only, should it be by a 3/5 or a 4/5 Town Council vote?
4) If there is an option for Board/Commission member discipline, should the options be the
same as those for Councilmember discipline?
5) The Code of Conduct Policy currently provides that investigations will be conducted by
contract attorneys. Does the Town Council prefer to use contract attorneys, non-lawyer
investigators, or either?
2 A summary of local codes of conduct is contained in Attachment 6.
3 Town Council Policy 2-11: Commission Appointments, Residency, and Attendance Requirements and Establishing
a Quorum currently provides that Commissioners may be removed by a majority vote of the Town Council for violations of the Code of Conduct. Other jurisdictions have policies providing that Commissioners may be
removed by a majority vote (or in some instances, a 4/5 vote) of the Town Council.
PAGE 4 OF 4 SUBJECT: Direction on Potential Changes to Town Council Code of Conduct Policy and Related Policies DATE: November 12, 2023
CONCLUSION:
Based on the Town Council’s feedback, staff will make proposed edits to the Code of Conduct
Policy and conforming edits to any other affected Policies and the Commissioner Handbook and
return to the Town Council for its consideration of the proposed revisions.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office.
FISCAL IMPACT:
Potential modifications to Council Policies and the Commissioner Handbook have no fiscal
impact.
ENVIRONMENTAL ASSESSMENT:
This is not a project as defined in the California Environmental Quality Act, and no further
action is required.
Attachments:
1. Town Council Policy 2-04: Town Council Code of Conduct
2. Town Council Policy 2-05: Planning Commission Policies and Procedures
3. Town Council Policy 2-11: Commission Appointments, Residency, and Attendance
Requirements, and Establishing a Quorum
4. Staff report for February 28, 2023, Policy Committee meeting
5. Staff report for March 28, 2023, Policy Committee meeting
6. Summary of Code of Conduct Provisions from Other County Jurisdictions