Desk Item.Item #21 - Code of Conduct
PREPARED BY: Jenna De Long, Deputy Town Clerk
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/02/2024 ITEM NO: 21 DESK ITEM
DATE: April 2, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Discuss the Code of Conduct Policy Sections V. and XI. Pertaining to
Councilmember Communications
RECOMMENDATION:
Attachment 2 contains a staff presentation.
Attachment Previously Received with the Staff Report:
1. October 4, 2022 Redline version of the Code of Conduct Policy
Attachment Received with this Desk Item:
2. Staff Presentation
Town Council Code of Conduct
Town Council Meeting
April 2, 2024
Attachment 2
Two Primary Sections at Issue
•Section V(C) currently provides that the title
of Mayor carries with it the responsibility for
communicating decisions of the Town
Council to the public and the media.
•Section XI addresses Councilmember
communications in general.
Section V(C)
•“The title of Mayor carries with it the
responsibility of communicating with the
Town Council, Town Manager, members of
the public, and the media regarding
decisions made by a majority of the Town
Council.”
Section XI
•“The public has a reasonable expectation that it may
engage its Council Members on matters of community
concern. In response, Council Members may express a
preliminary opinion on general issues or policies that are
in the development phase. In addition, Council Members
may from time to time express opinions regarding broad
policy matters which may be in conflict with currently
adopted Council policies or explain an individual vote.
Such statements are permissible if clearly characterized
as personal opinion or policy change objectives rather
than the opinion of the full Town Council.”
Policy Committee Discussion re Section V(C)
1) Full Town Council to discuss whether to retain
and/or reword this provision.
Options:
1)Clarify to say “is responsible” or “shall.”
2)Allow Mayor to delegate authority.
3)Provide that, in Mayor’s absence or
unavailability, Vice Mayor is responsible.
2) Clarify that Mayor’s communications with the Town
Council will conform with the Brown Act.
Policy Committee Discussion Re Section XI
1) Add “where not prohibited by the Brown Act” to
sentence referencing Mayor’s communication with
Town Councilmembers.
2) Explain difference between a policy matter pending
before the Town Council and a future quasi-
adjudicatory project.
3) Separate out discussion of quasi-adjudicatory
decisions and address participation in community
meetings.
Section XI (continued)
4)Change references to “full” Town Council to a
“majority” of the Town Council.
5) Add more explicit language from Gilroy sample: “No
Councilmember shall communicate in a manner that
appears to come from the Town or Town staff or the
Town Council, or in a manner that suggests a position
associated with the Town or with the knowledge of
the Town Council.”
6) Provide examples of how to indicate to the press that
a Councilmember is speaking on his or her own
behalf and not on behalf of the Council.
Discussion