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11 - Verbal Comment - Emily ThomasTitle: Board, Committee, and Commission Code of Conduct Effective Date: Enabling Actions: Revised Date: Approved: Policy Number: Pages: 5 I. Preamble This Policy sets forth the roles, responsibilities, and Code of Conduct for the Town's Boards, Committees, and Commissions (hereinafter referred to as "Commissions"). The legal responsibilities of the Los Gatos Town Commissioners are set forth by applicable state and federal laws. In addition, the Town Council has adopted regulations, including this Code of Conduct Policy, that holds Commissioners to standards of conduct above and beyond what is required by law. This Policy is written with the assumption that Commissioners, through training, are aware of their legal and ethical responsibilities as appointed officials. Commissioners are not allowed to engage in any activity which would constitute a minor or major violation as specified in this Policy. II. Town Board, Committees, and Commissions Roles and Responsibilities', The role of the Commissions is to act as a bridge between the community and the Town Council. Commissioners are volunteers, that contribute their time and expertise to help identify, analyze, and evaluate community issues within the scope of their respective Commission. Through public meetings and other engagement efforts, Commissioners gather community input during recognized commission meetings, ad hoc commission meetings, and established taskforces and use this information to make thoughtful, informed recommendations to the Town Council, which is the final policy -making authority. The Commission's work should align with the General Plan and the Town Council's Strategic Priorities to support the Town's mission to enhance the quality of life through effective leadership and responsive services. Commissioners serve at the will of the Council. Individual Commissioners are expected to attend all meetings and come prepared by reviewing agenda materials in advance. They are to conduct themselves with respect, faimess, and courtesy toward fellow members, Town staff, and the public, while recognizing and supporting the authority of the Chair to lead meetings effectively. Commissioners should stay focused on meeting topics, use time efficiently, and contribute constructively to discussions. They are expected to act with honesty and integrity, serve as role models of civic leadership, and maintain public trust in Town govemment. Commissioners must also be aware of and avoid potential conflicts of interest, understand their obligations under the Brown Act, and seek guidance from commission staff person when questions arise regarding their duties or ethical requirements. If needed, the commission staff person will coordinate other Town staff as necessary. ill. Commissioner Conduct in Public Meetinga To ensure the highest standards of respect and integrity during public meetings, Commissioners Should: Commented [t[: I appreciate this description of the role and responsibilities of Board, Committee, and Commission members Deleted: and Deleted: s Commented 121: I greatly appreciate these five items! In general they are clear and set appropriate expectations of Commissioners A. Use formal titles. The Commission should refer to one another and staff formally during, Deleted: Council Board, Committee, or Commission meetings such as Chair, Vice Chair, Commissioner, or their Deleted: or applicable title, jollowed by the individual's last name. Deleted: r B. Practice civility and decorum in discussions and debate. Difficult questions, tough Deleted: ror Mr., Mrs., or Ms., challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. During public discussions, Commissioners should be respectful of others and diverse opinions and allow for the debate of issues. C. Honor the role of the presiding officer in maintaining order and equity. Respect the Chair's efforts to focus discussion on current agenda items. D. Commission decisions should be reserved until all applicable information has been presented. 'Commented (41: Could this use additional context E. Conduct during public hearings. During public testimony, Commissioners should refrain similar to the other four items? from engaging the speaker in dialogue. Speakers at public meetings will be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional but not required. For purposes of clarification, Commissioners may ask the speaker questions. Commission comment and discussion should commence upon the conclusion of all public testimony. IV. Legal Requirements The Town Commissions operate under a series of laws that regulate its operations as well as the conduct of its members. The Town Attorney serves as the Town's legal officer and is available to advise the Commissioners on relevant legal matters; however, any such advise will be coordinated through the commission staff liaison. A. Training Commissioners shall participate in training in the following areas: 1. The Ralph M. Brown Act 2. AB 1234 Conflict of Interest (Planning Commission Only) 3. Town / CA State Law on Harassment (SB 1343) B. Procurement Unless authorized by the Town Council, Commissioners shall not become involved in administrative processes for acquiring goods and services. C. Land Use Applications The merits of an application shall only be evaluated on information included in the public record. Commissioners shall not participate in any ex parte communications and must place any information obtained outside of the public hearing that may influence his/her decision on a matter pending before the Commission into the record at the public hearing. D. Code of Conduct Policy Newly appointed Commissioners shall sign a statement affirming they have read and understand the Town of Los Gatos Council Code of Conduct Policy. E. Non -Profit Organizations Commissioners that participate in the Community Grant Program selection process may not sit on boards of directors of non-profit organizations which receive funding or inkind contributions from the Town. F. Applicable Laws and Town Policies Commissions shall abide by all applicable municipal, state, and federal laws and Town Eplicies related to Board, Committee, or Commission mattera, G. Matters to be done outside of the Commission meeting will require Town Council approval through the workplan before any such activity may be performed on behalf of the Town or Commission. V. Commission Relationship with the Town Council The primary responsibility of Commissions is to advise and make recommendations to the Town Council. Recommendations are forwarded through the Town Manager's Office to the Town Council for consideration. While the Council values and relies on the Commission's input, the Council's role is to consider recommendations from multiple sources and make final decisions based on strategic priorities and the broader interests of the community. Because of this broader perspective, the Council may not always implement the recommendations of a particular Commission,Jt is important to maintain a clear distinction between the advisory role of Commissions and the decision -making authority of the Town Council., VI. Commission Communication A. Town Council, Boards, Committees, and Commissions '1. When a member of an advisory body addresses the Council or another body at a public meeting, it should be made clear whether the member is speaking on behalf of the advisory body or as an individual citizen. B. Public 1. Commissioners shall communicate in a manner that clearly and explicitly conveys that such communication is provided as an individual and does not in any way represent communication on behalf of the Town or represent the position of the Commission, or Town staff. This can be accomplished by using language such as: "Speaking for myself and not on behalf of the Commission or the Town ..." 2. Letters or other forms of communication from Commissions, or other agenciesponceming official positions being taken must first be forwarded to the Council for approval before being mailed or submitted Commented 151: I appreciate this portion of the legal requirements Commented 161: Does this apply to • Board/Committee/Commission Members that receive funding or inkind contributions? Or does it just apply to individuals involved in the decision making aspect of the Community Grant Program selection process? Commented [71: This statement seems vague and I think should provide additional context. _ Deleted: p I I ' II' 11/l 11/ �y l Deleted: . Deleted: ¶ Deleted: While Commissioners may at times disagree¶ with Council decisions, once the Council has taken a position or chosen not to implement a¶ recommendation, it is expected that the Commission and its individual members will respect"" that decision.11 Commented 191: this is really important and I am glad to see it In the policy but I think it should clarify that this is the case for ALL bodies - not just council! Deleted: addressed to the public Deleted: and Commented 1111: I support the goal of this part of the policy, but I think it needs to be clear that these are communications specifically within an individual's capacity as a member of a body NOT the public. I do not support requiring approval by council if members of a Board, Committee, or Commission are communicating explicitly in their capacity as an individual. Deleted: Letters and!' other forms of communication from individual Commission members to the public¶ regarding issues that are within the jurisdiction of that Commission should be¶ distributed to the other members, commission staff liaison, and the Council as al matter of courtesy. Deleted: 3. Commissioners shall refer all media inquiries to Town staff for an official response tot ensure that consistent and accurate information is provided. Unless specifically¶ authorized by the Mayor or Town Manager, no commissioner shall communicate in¶ any way or provide official responses of or from the Town or commission. In any!' communication, each commissioner can only speak as an individual and must relate¶ such when communicating in any medium, media, or other response unless!' specifically authorized by the Mayor or Town Manager.!! VII. Enforcement A. Purpose The Boards, Committee, and Commission Code of Conduct Policy establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Commissioner. The purpose of the policy language is to establish a process and procedure that: 1. Allows the public, Commissioners, and Town employees to report Code of Conduct policy violations or other misconduct. 2. Provides guidelines to evaluate Code of Conduct policy violations or other misconduct and implement appropriate disciplinary action when necessary. B. Procedures 1. Reporting of Complaints ;Complaints made by members of the public, Commissioners, Council Members, Town employees, the Town Manager,,should be reported to the Town Attorney and/or the body's staff liaison. 2. Evaluation of Complaints Alleging Violations The Town Attorneyrshall promptly consult the Town Manager and Town Council to evaluate the complaint. After reviewing the written complaint, the Town Council +shall determine whether the Complaint: a. Lacks substance (unsubstantiated) b. Involves a minor violation, includes but is not limited to i. Unprofessional or discourteous communication in a non-public setting. ii. Failure to comply with procedural requirements in meetings or decisionmaking. iii. Negligent, but not malicious, failure to disclose conflicts of interest when no substantial harm occurs. iv. Minor breaches of decorum during public meetings that do not disrupt proceedings. c. Potentially involves a major violation, includes but is not limited to i. Persistent or egregious unprofessional behavior toward staff, colleagues, or the public. ii. Engaging in actions that create substantial conflicts of interest or violate any,ethics Laws. iii. Deliberately making false or misleading statements that undermine public trust or decision -making processes. iv. Conduct that disrupts public meetings in a manner that prevents the effective functioning of Town govemance. v. Misuse of Town resources, authority, or influence for personal gain or to harm others. Deleted: or the Town Attorney Commented 1141:1 do not think Commissioners should be required to report complaints to the body that can make a decision about their re -appointment or removal. This power dynamic does not encourage reporting of concerns or complaints. I would not feel comfortable doing this at this time. _ Deleted: the Town Council. Deleted: Mayor Deleted: Mayor Deleted: municipal, state or federal laws or Town policies, including vi. Repeated minor violations. vii. Criminal conduct. 3. Unsubstantiated or Minor Violations If the complaint is without substance, no further action will be taken. If the reported violation is deemed valid but minor in nature, the Mayor shall, in consultation with Town staff, issue a written communication to the Commissioner regarding the specific behavior that violates Town policy. 4. Allegations of Major Violations If the reported violation is considered to be major, disciplinary action will be taken. C. Disciplinary Action 1. Considerations in Determining Disciplinary Action Disciplinary action may be imposed by the Council upon Commissioners who have violated the Council Code of Conduct Policy or any applicable laws. Disciplinary actions or sanctions are considered when a serious violation of Town policy has occurred by a Commissioner. In determining the type of sanction imposed, the following factors may be considered: a. Nature of the violation b. Prior violations by the same individual c. Other factors which bear upon the seriousness of the violation 2. Types of Sanctions At the discretion of the Council, sanctions may be imposed for violating the Code of Conduct or engaging in other misconduct. These actions may be applied individually or in combination. They include, but are not limited to: a. Written Communication — In consultation with Town staff, the Mayor or his/her designee may provide a written communication to the Commissioner regarding the specific behavior that violates this policy. b. Removal — By a 3/5 vote the Town Council may remove the Commissioner for a violation of this policy. "Commented [161: tf we don't check this before `appointing individuals, why is it induded here?