2004-059- Establishing A Council Code Of Conduct PolicyRESOLUTION 2004 - S9
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ESTABLISHING A COUNCIL CODE OF CONDUCT POLICY
WHEREAS, at the January 11,,..2003 Los Gatos Town Council Retreat, the
Council directed the Council Policy Com_tnttee to research and discuss policy issues
related to Council leadership, communication, and relationships; and
WHEREAS, on June 16, 2003 the Council Policy Committee presented the
Council with a proposed policy focus. area and work plan which involved exploring the
.concept of setting a framework for policy development through the establishment of
Council roles, expectations, and protocols; and
WHEREAS,. at the September 18, 2003 'Town Council Study Ses ion, the
Council Policy Committee presented the Council with a draft Code of Conduct Policy
for review and discussion.
THEREFORE BE IT RESOLVED, by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California does hereby establish a Council Code
of Conduct Policy (Exhibit "A").
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 3r`' day of May, 2004 by the following vote:
COUNCIL MEMBERS:
AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Steve Glickman.
NAYS: None
ABSENT: None
ABSTAIN. None ~~'
_y_.__ i~~' `
SIGNED: -'~`~ro~."'.---'
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF T13E TOWN OF LOS TO
LOS GATOS, CAT IFORNIA
ExhibitA
Town of Las Gatos
Town Council Code of Conduct Policy
I. preamble
Public trust and mutual respect are essential for effective political leadership and efficient
governance. Democratic .governance requires that decision makers be fair, independent,
impartial, and accountable. Based on these values, the .Los Gatos Town Council has adopted a
Code of Conduct Policy that establishes guiding principles for appropriate conduct and behavior
.and sets forth the expectations of Council Members. The provisions of this policy reflect a
commitment by Council Members to the people they serve and to each other, anal more
importantly, a desire to seek what is good for the community.
II. Farm ®f Government
The Town of Los Gatos operates under aCouncil-Manager form of government as prescribed by
Town Code. Accordingly, members of the Council are elected atwlarge, provide legislative
direction, .set Town policy, and ultimately answer to the public. The Town Manager .serves as the
Town's chief administrative officer and is responsible for directing the day-to-day operations of
the Town and .implementing policy direction. This is referenced in Section 2.30.305 of the Town
Code:
"Neither the Town Council, nor any member. thereof, shall direct or request the appointment of
any person to or removal of any person from ace by .the Town Manager or by any other
appointing officer, or in any manner take part in the appointment of removal of an officer or
employee in .the administrative service of the Town. Except for the purpose of inquiry, the Town
Council and its members shall deal with :the administrative services solely through the Town
Manager, and neither the Town Council nar• any member .thereof shall give orders to any Town
Officers, other than the Town Attorney, either publicly ar privately.
III. Town Conn~il holes, Responsibilities, and Relatianships_
A council is a collection of diverse individuals who came together to constitute and act as an
entity, .and only when operating as an entity can they exercise authority and perform the
fulf 1lment of their purpose. Working together as a council involves acknowledging and
balancing the unique interests, expertise, and abilities of individual council members, and
accepting final decisions of the Council as the official Town position on such matters.
Council Code of Conduct Policy
Page 1 of 15
E'xlaihit A
To achieve .success, a council must clearly define and understand its roles, responsibilities, and
relationships. 'The following outlines the lcey roles, responsibilities, and relationships of the Las
Gatos Town Council:
Town Council Roles and Resonsibilities
The role of the Town Council is to act as a legislative and quasi judicial body. Through its
legislative and policy authority, the Council is responsible .far assessing .and achieving the
community's desire far its present and future and far establishing policy direction to achieve its
desired outcomes. All members of the Town Council, including those who serve as Mayor and
Vice Mayor.have equal votes.
Tawas Council Relationship to its Work,.,.,Each Other and the Public
1Vlernbers of the Town Council fulfill their role and responsibilities through shared values that are
reflected in the relationships they have with each other and the public. Town Council Members
are committed to approaching their work, each other, and the public in a manner that reflects;
• Ethical behavior and integrity
® Honesty
Trust and respect far one another
The commitment of Town Council Members to their work, each athex, and the public is also
characterized by:
• Innovation and creative problem solving
• Future orientation and proactive efforts
• gpen and constructive communication
® Shared purpose
IV. Mayoral and Vice 1V[ayoral Selection Process
The selection of the Mayor and Vice Mayor usually occurs annually at the second meeting in
November by majority vote of the Tawas Council. Section 2.20.035 of the Town Code
establishes this~provision.
Council Code of Conduct Policy
Page 2 of 15
ExhibitA
Serving as Mayor .and Vice Mayor is considered to be a privilege, not a right. The Mayor and
Vice Mayor serve at the pleasure of the Town Council and may be replaced at any time by a
majority vote of the Council. At the time of selection, any member of the Town Council may be
nominated to serve as Mayor or Vice Mayor. Individuals who are elected to serve as Mayor and
Vice Mayor are chosen because their ability to fulfill the roles .and responsibilities of these
positions, establish a collegial working relationship with the Council, and ultimately, serve the
Community.
V. 1Vlayo~al and Vice 1l~ayaaral Roles, Responsibilities, and Relationships
The following outlines same of the key races, responsibilities, and relationships as they relate to
the position of Mayor and Vice Mayor:
Manor
• The Mayor is the presiding officer of the Town Council. In this capacity, the Mayor is
responsible fox developing Council agendas in cooperation with the Town Manager and
leading Council meetings.
4 The Mayor recommends various standing committee appointments to the Council for
approval.1 When making committee recommendations, the Mayor should attempt to
balance shared responsibilities .and opportunities among Council Members.
As the presiding officer of the Town Council, the Mayor is responsible for establishing a
professional and respectful working relationship with the Council -and public through
cooperation and collaboration. This includes an obligation to listen and consider issues,
questions, and concerns of the public and Council Members as they relate to Council
meetings and the agenda setting process.
• Tlxe title of Mayor carries with it the responsibility of communicating with the Town
Council, Tawn Manager, and members of the public. h1 this capacity, the Mayor serves
as the Town "spokesperson" representing the Council in official and ceremonial
occasions.
• As the official Town spokesperson, the Mayor performs special duties consistent with the
Mayoral office, including, but not limited to: signing of documents on behalf of the
Town, issuing proclamations, serving as the official voting delegate for various municipal
advocacy groups, such as the League of California Cities, and delivering the State of the
Town Address? The Town Council will determine any additional authority or duties that
the. Mayor shall perform.
' Council Agenda Format and Rules Policy
z Council Coznnzendation and Proclannation Policy
Council Code of Conduct Folicy
Fage 3 of I S
ExhibitA
s Special duties consistent of the Mayoral office may be delegated to the Vice Mayar or
any other member of the Town Council.
• The Mayor may establish a series of .achievable community goals during his/her year in
office in collaboration with the Town Council and in consultation with the Town
Manager.. These proposed goals are subject to evaluation using criteria such as, but not
limited to, their relationship to other Tawn priorities, the capacity of the Town budget,
availability of staff, and other necessary resources xequired for implementation.
Implementation of such goals, however, would require foz7mal Council approval.
® In the event that a Council Member acts contrary to approved Council policies, the
Mayor shall counsel the Council Member about the rules set forth in the Council Code of
Conduct policy or other applicable Council policies.
e In the event that one or maze members of a Town Board, Commission, or Committee acts
in a manner contrary to approved Board/Conunission policies and procedures, the Mayor
may counsel those members about the rules set forth in the Town Commissioner
Handbook.3
Vice Mayor
• In the Mayor's absence, the Vice Mayor shall pe>.~form the formal duties of the Mayor as
noted elsewhere in this document.
~ When the Vice Mayor performs the duties of the Mayor in his/her absence, the Vice
Mayor also carries the responsibility of communicating with the Town Manager, Town
Council, and members of the public. This responsibility includes establishing a
professional and respectful working relationship with the Council, Town Manager and
public through cooperation and collaboration
4 In the event that the Mayor acts contrary to approved Council policies, the Vice Mayor
shall counsel the Mayor about the rules set forth in the Council Code of Conduct policy
or other applicable Council policies.
s Resolution 1999-167
a Council Agenda Format at7d Rules Pollcy
Council Code of Conduct Policy
Page Q of IS
ExhibitA
VII. Legal and l~tbieal Standards
Understanding that the Council's primary concern is the public .interest, Council
Members should work far the common good, rather than for private or personal
interests. Council Members must serve as a model of leadership and civility to the
community and treat all members of the public, -each other, and the issues before them
with respect to ensure open and effective goverzunent.
Council Conduct in Public .Meetings
To ensure the highest :standards of respect and integrity during public .meetings, Council
Members should:
• Ilse formal titles. The Council should refer to one another formally during Council
meetizigs such as Mayor, Vice Mayor or Council Member or Mr., Mrs., or Ms., followed
by the individual's last name.
• .Practice civility and decorum in discussions and debate. Difficult questions, tough
challenges to a particular point of view, and criticism of ideas and information are
legitimate elements of free democracy in action. During public discussions, Council
Members should be respectfiil of others and diverse apinians, practice objectivity, and
allow for the debate of issues. This does not allow, however, Council Members to make
abusive, slanderous, and :personal comments, and/or .physical actions that could be
construed as threatening.
• Honor the role of the presiding officer in maintaining order and equity. Respect the
Mayor/Chair's efforts to focus discussion an current agenda items. Objections to -the
Mayor/Chair's actions .should be voiced politely and with reason, .following .the
procedures outlined in the Town Council Agenda Format and Rules Policy.
• l7emonstrate effective problemasalving .approaches. Council Members have a public
stage to show how individuals with disparate points of view can find common ground and
seek compromise that benefits the community as a whale. Council Members are role
models for residents, business people, and other stakeholders involved in public debate.
• Base decisions on the best available information. Decisions .should be made objectively
and based upon the merits and substance of the .matter at hand, not through established
coalitions or well-defined voting blocks. Judgment of decisions should be reserved until
all applicable information has been presented.
• Be prepared and knowledgeable. To effectively lead and inform the public, Council
Members should be prepared and informed about. issues on the agenda.
Council Code of Condzrct Policy
Page S of 15
Exhiliit.fl
• Be respectful of other people's time. Council Members should stay focused, listen
attentively, and act efficiently during public meetings.. During public testimony, Council
Members should refrain from engaging the speaker in dialogue. T-Towever, far purposes
of charification, Council may ask the speaker questions. Council comment and discussion
should commence upon the conclusion of all public testimony.
• Treat others as you wauld like to be treated. 'To maintain effective interpersonal
relationships, Council Members should treat others the way they would expect to be
treated. Council Members should be professional in all situations and circumstances,
conducting themselves in a consistent, confident, competent, and productive manner.
Implementation of Legal and Ethical Standards
Legal and ethical standards will be included in the regular orientations for Tawn Council
Candidates ..and newly elected Council Members. Newly elected Council Members should sign a
statement aff rrning they have read and understand the Town of Los Gatos Council Code of
Conduct Policy. The Council will endeavor to annually affirm its understanding and commitment
to the Code of Conduct policy.
VIII. Legal Requirements
The Town Council operates 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 Council on these matters. Members of the Town Council recog~vze the importance
of .following the .law so as not to compromise the effort to achieve the goals of the community.
U~en Meeting. Rules
The.Ra~ph 1V.f. Brown ~Ict.
Requires that meetings of the Town Council be open and public. "Meetings" occur
whenever three or more members of the Council hear, discuss, ar deliberate on any
matter that is relevant to the Town. This includes discussions that occur face to face,
serially, thraugh third parties, or through written, telephonic, or a-mail communications.
« Requires that the agenda for meetings be posted in advance and that discussions and
actions be limited to items appearing on the posted agenda.
4 Allows closed session discussions and actions in limited circumstances, including
pending or anticipated litigation, property acquisition, labor negotiations or the
appointment or evaluation of certain personnel.
Councit Cade of Conduct Policy
Page 6 of I S
ExhibitA
• Requires that information provided for closed sessions and the discussions that occur
therein remain confidential and can be revealed only with the approval of the Town
Council.
Conflicts of Interest
Existing Town Conflict of Interest Policy.
• Members of the Council are prohibited fiom being appointed to the board of directors of
nonprofit organizations receiving funds or in-kind contributions from the Tawn.s This
applies to all "legislative bodies," which are def~.ned to include a private corporation or
entity, including a nonprofit organization that was either created by the Town, or is
governed by a board of directors to which Council has appointed one of its members.
The Political Re, fot~m Act, The Act controls conflicts of interests through disclosure of financial
:interests and prohibition in participating in decision rnalcing
• Members of the Town Council are prohibited from making, participating in or in any way
attempting to use their official position to influence a goverunental decision in which
they know or have reason to know they have a financial interest. Financial interests can
arise out of property ownership, business investment, leadership in a business entity, and
receipt of income and gifts. Nevertheless, under certain circumstances, Council Members
with conflicts maybe allowed to participate in decision making if their economic interest
is affected in a substantially similar manner as a significant segment of the public or if
their participation is .legally required in order for an action ar decision to be completed.
• .Members of the Town Council are prohibited tom accepting gifts from a single source in
any calendar year in excess of $344 dollars, adjusted biennially by the Fair Political
Practices Commission (FPPC) to .reflect changes in the Consumer Price Index. The Town
Attorney notifies the Council of that amount at the beginning of each calendar year and
upon request. Council Members can also obtain, this information directly from the FPPC.
There are several exceptions, including :gifts fiom a spouse, or fixom a child, parent,
.grandparent, :grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law,
nephew, niece, aunt, uncle, or first cousin or the spouse ofany such person, information
material, gifts that are retiuned or donated to a charity within 34 days without being
claimed for a tax deduction, campaign contributions, inheritances and hospitality at a
private residence.
s Council Public Access to Council Decision Malang Policy and Council Appointments andMemberships Policy
Gouncll Code of Conduct Policy
Page 7 of IS
ExhibitA
• Members of the Town Council are prohibited fram receiving loans from public
officials, employees, vendors and consultants.
e Mass mailings of aver two hundred or more identical pieces of mail sent at public
expense may not contain the name or pictures of elected officials except as part of a
standard letterhead.
Government Code Section 1090. Section 1090 prohibits "self dealing," which can occur if
members of the Town Council :have a financial interest in contracts made by them or by the
Council. While existing contracts are not prohibited, members of the Town Council cannot
in any way participate in making. contracts in which they have either a dixect ar indirect
financial interest. Serious criminal .penalties can result from violations of section 1090. The
maximum penalty for a willful violation is a felony with a maximum fine or $1,000 or
imprisonment in state prison and a permanent disqualification from holding any public
office in tl~e state.
Incompatible Q, f ces. A public officer who is appointed or elected to another public at~ce
and enters the duties of the second office automatically vacates the first office if the two are
incompatible. Offices are incompatible if any significant clash of duties exists between the
two offices, if public policy suggests it would be improper to hold the dual offices,. or if
either office exercises power over the other.
Bzas. Due process requires that decision makers in certain situations, such as public
hearings in land use mutters, be fair and impartial. A personal interest ar involvement in the
outcome of a matter or with any participants which is unrelated to the factors upon which an
application may be judged requires disqualification. This ri~le does .not preclude holding
opinions, philosophies or strong feelings .about issues or specific projects so long as the
decision maker retains an open mind in considering the evidence.
Redevelopment Con, fl'icts. T'lze Council, as officers of the Redevelopment Agency, axe
generally prohibited fram acquiring any interest in property included within the
redevelopment project area. .Property can, however, be .acquired for personal residential use
so long as the redevelopment agency certifies that it will .not make or otherwise arrange for
any improvements to the property.
IX. Council Conduct and Communication with, and Participation in, all
wards, Commissions, and Committees
There are several committees that Town Council Members have been appointed to ar have
an interest in, including but not limited to: Town Council staaading and ad hoc committees,
'Town boards and commissions, regional boards and commissions, and cornmunity-
generated committees.
Council Code of Conduct Policy
Page 8 of IS
Exhibit A
Included in these committees assignment are Council liaisons. A Council liaison is an
assignment by the Council of one or more Council Members to an ad-hoc effort initiated by
the Town or in which the Town is participating as a community partner.. This assignment is
distinguished. from routine Los Gatos elected off vial appointments to regional boards and
committees .and is accomplished through Council consensus.
To avoid confusion and/or duplication. of efforts, Council conduct .and communication with
and participation in these types of committees are governed by the following guidelines and
rules:
Conduct
Town boards, commissions, and committees are advisory to the Council as a whale,
not individual Council Members. The Town Council appoints individuals to .serve
on boards, commissions, and committees. It is the responsibility of Council
Members to follow policy established by the Council. Council Members should not
feel they have the power or right to influence a board, commission, or committee
member in. any way. These appointments should not be used as a political "'reward."
* Council Members should be respectful of diverse opinions. A primary role of
boards, commissions, and committees is to represent many points of view and to
provide advice based on a full spectrum of concerns and perspectives. Council
Members may .have a closer working relationship with some individuals serving on
boards, commissions, and committees, but must be fair and respectful of all board,
conunission, and committee members and their opinions,
• Keep political campaign support away from public forums. Board, commission, and
committee members may provide verbal, financial or in-kind assistance to a Council
Member, but not in a public forum while conducting official Town duties.
Conversely, Council Members may provide verbal, financial or in-kind assistance to
board, commission, and committee members who are running for office, but not in
an official forum in their capacity as a Council Member.
Communication
~ Council Members should advise Chair and/or applicable Town Council
representative if attending a board, commission, or committee meeting. Council
Members may attend any board, commission, or committee meeting, which are
always open to any member of the public However, if a Council Member wishes to
attend the meeting of a committee to which he/she has not been appointed to serve
on by the Council, the Council Member, as a courtesy, should advise the Town
representative, if any, as well as the respective committee chair, and should be
mindful of the influence of his/her presence. Unless otherwise directed by the
Council, comments made by the Council Member should be made as an individual,
not on behalf of the Town Council,
Council Code of Conduct polfcy
Page 9 of IS
Exhibit A
+ Council Members should not deliberate an any Council action if they have
specifically addressed a Tvwn board or commission about that particular issue. I£ a
Cotulcil Member attends a Town board or commission meeting and wishes to
address the board or commission on matters of interest to that individual Council
Member, he/she should recuse himself/hersel£ fibm deliberating on any Council
action related to the issue discussed.
• Statements made by Council representatives about the Town's a~cial position
shvuld be based on current ar past Council action. When serving as a primary or
alternate Council representative on a board, commission, or committee, statements
made by Council Members regarding Town policy should reflect the majority
opinion o£the Council, which is dehned by current or past official Council action via
Council vote or consensus.
• Primary Council representatives should update the Council about board,
commission, and committee activities. When serving as the primary Council
representative on any board, commission, or committee, Council Members .should
periodically provide update reports to the Council during the "Council Matters"
opportunity on the Council meeting agenda.
• Recommended actions of a Council Committee should be reported to the Council.
When serving on Council committee, whether .standing or ad hoc, all work
undertaken by the committee must be directed by the Council and all recommended
actions o£ a Council Committee shall be reported to the Council.
7'he Mayor .may counsel members of a Town Board and Commission about
appropriate public meeting conduct related to the business of the Town. In the event
that one or more members o£ a Town Hoard, Commission, or~ Committee acts in a
manner contrary to approved Board/Commission policies and procedures, the Mayor
may counsel those members about the rules set forth in the Town Commissioner
klandboak
Participation
Appointed primary Council representatives are responsible for attending and
participating in applicable board, commission, .and committee meetings. If a
Council Member has bean appointed as the primary Council representative for a
board, commission, or committee, that Council Member is responsible for attending
the regularly scheduled meetings. Zn the event that he or she is unable to attend, the
primary .representative should notify the chair, and the appointed alternate Council
representative should attend in the place of the primary.
Council Code of Conduct Policy
Page 1Q of IS
ExhibitA
® Appointed alternate Council representatives should familiarize themselves with the
practices and procedures of the respective :board, commission, or committee. If a
Council Member is appointed as an alternate Council representative to a board,
commission, or committee, the alternate should .initially attend one meeting to orient
himself/herself to the board/commissionlcommittee's practices and procedures and
to avoid conft~sion or duplication of efforts. Alternates are discouraged from regular
attendance at board/comrnissian/committee meetings when the primary Council
representative is available to attend.
X. council Relationship with Town Staff
The Town Council respects the Council-Manager form of .government. The Town Manager
implements the Council's vision, policies, and .goals through the Town staff and is
responsible for directing the day-to-day operations of the Town as outlined in Section
2.30.3QS of the Town Code. The Council values pat~tnering and collaborating with the Town
Manager .and the Town organization to achieve the community's vision. The Council-
Manager relationship is affected by the expectations, styles, and personalities of the Council
and Manager who are in place at the time. Despite the value of partnerslup and
collaboration, these policies are intended. to establish boundaries and expectations based
~.tpon the role of the Town Manager as set forth by the Town Code and the CouncilwManager
form of government structure. As such, they transcend .individual personalities and agreed
upon styles that might affect their implementation.
Council Conduct and Communications with Town Staff
To enhance its working relationship with staff, Council should be mindful of the :support and
resources needed to accomplish Council goals. When communicating and working with
staff, Council should follow these guidelines:
• Council Members should treat staff as professionals. Clear, honest communication
that respects the abilities, experience, and dignity of each individual is expected. As
with Council colleagues, practice civility and decorum in all interactions with Town
staff
• Council Members should respect the Council-Manager form of government.
Routine questions of Town staff should be directed to the Town Manager, Town
Attorney, or the Manager's designee, Council Members should not set up meetings
with department staff directly, but work through the Town Manager. When in doubt
about appropriate staff contact, Council Members should ask the Town Manager.
Council Code of Conduct Policy
Page 11 of 15
ExhibitA
• The Town Manager and staff are responsible for implementing Town policy andlor
Council action. The .processing of Council policy and decisions takes place with the
Town Manager and staff. Council should not direct palicy/program administrative
functions and implementation; rather it should provide palicy guidance to the Town
Manager.
+ Council Members should attempt to communicate questions, corrections, and/or
clarifications about reports requiring official action to staff prior to Council
meetings. Early feedback 'will enable staff to address Council questions and
incorporate minor corrections ar changes to a Council report, resulting in a more
efficient Council meeting discussion.
+ Council .Members should not direct the Town Manager tv initiate any action, change
a course of action, or prepare any report without .the approval of Council. The
Town Manager's responsibility is to advise an resources available .and required far a
particular course of action as it relates to the direction of the majority of the Council.
+ Council Members should not attend department staff meetings unless requested by
the Tawn Manager.
+ All Council Members should have the same information with which to make
decisions. Information requested by one Council Member will be shared with all
members of the Council.
• Concerns related to .the behavior or work of a Tawn employee should be directed to
the Tawn Manager. Council Members should .not xeprimand employees directly nor
should they communicate their concerns publicly.
+ Council Members should not solicit political campaign .support from Town staff.
Although Town staff rnay, as private citizens with constitutional rights, support
political candidates, such activities must take place away from the workplace.
XX. Council C€~nduct and Communication with the General Public
A fundamental principle of democracy is citizen access to elected officials. When meeting
with constituents, Council Members should follow the following conduct and
communication :guidelines when addressing the general public and specific interest groups:
Council Code of Conduct Policy
Page l2 of 15
ExhibitA
General Public
Council Members should respect .the callabvrative process of .council decision
malting and the Council-Manager form of government. Council Me~rnbers routinely
meet with constituents to hear community concerns, explain Council actions, .provide
opinions about a particular issue, andlar address service requests or inquiries. When
meeting with members of the .community, Council Members .should avoid making
commitments that are inconsistent with prior Town Council action or existing policy
or foreclose on decisions prior to hearing public testimony. Tf Council Members
desire the assistance of staff while meeting with constituents, they should request
that assistance from the Town Manager.
® Council Members should be mindful of their inl`luence when attending community
meetings .that are not organized by the Town. The presence of Council Members can
sometimes create a perception of support far a particular issue or an expectation that
a specific action will betaken.
~ While Council Members may take broad philosophical positions on issues of concern
to the Town, they should not commit to a particular position prior to a public
meeting: Council Members should not make public or private promises ar commit to
a specific position on current, pending, or future matters to be heard the by the
Council. Tn general, Council Members should not reach a decision on any agenda
item prior to a scheduled public meeting.
~ Council Members should keep. political campaign support away from public_ forums.
Council Members may provide verbal, financial, or in~kind assistance to persons
running for~office, but not in an official forum in their capacity as Council Member.
Council Members, however, are free to exercise their rights as individuals to express
opinions regarding political issues, including candidate endorsements.
Land Ilse Applications
Information obtained outside of the public hearing process related to a matter
pending before the 7'awn Council .must be .revealed on the affzcial public .retard.
When evaluating the merits of a land use application, Council Members must do so
objectively and impartially. If a Council Member meets with a land use applicant or
visits a proposed development site related to a matter pending before the Council and
obtains information outside of the public hearing process, he or she must disclose
that information on the oft"~cial public record, as well as any facts obtained in the
meeting that could influence a Council Member's decision. The merits of an
.application can only be evaluated based on information included in the public record.
Council Code of Conduct Policy
Page 13 of IS
Exhibit A
Procurement
Unless authorized by Council, Council Members should not become involved in
administrative processes for acquiring goods and services. The procurement of
goods and services is governed by competitive selection processes. To preserve the
integrity of this administrative process, Council Members should refrain from any
involvement, unless otherwise directed by Council .Specific Council interests,
however; can be referred to the Town Manager as appropriate.
XII. Representing an Off vial Town Position
In the event that individual Council Members are- asked to represent or express an official
Town pasitYOn, they should follow these guidelines:
• Using the title of Council Member when conducting official Town business. Council
Members may use their title when conducting official Town business, .for
informational purposes, or as an indication of background and expertise, carefully
considering whether they are exceeding or appearing to exceed their authority.
• .Representing an official Town position before a governmental agency. If a member
of the Town Council appeaxs before another governmental agency orgazaization to
give a statement on an issue .affecting the Tawn, the Council Member should indicate
the majority opinion of the Council, which is defined by current or past official
Council action via Council vote or consensus.
• Sharing personal perspectives and opinions. Personal opinions and comments may
be expressed only ifthe Council Member clarifies that these statements do not reflect
the official position of the Tawn Council..
XIII, Council Conduct with the Media
Council Members are frequently contacted by the media for background infozmation and
quotes related to Town business and/or community Tissues. When addressing the media,
Council Members should follow these guidelines:
• Council Members should be professional in all situations and circumstances,
.conducting themselves in a respectful manner. When speaking with the media or
writing letters to the media, Council Members should choose their words
carefully to ensure that comments and statements are not taken out of context.
Councff Code of Conduct Policy
Page 14 of IS
~~
ExhibitA
Council Members should advise the e
submit a .letter to the media. Early
potential misinterpretation and prepay
from the media.
ntire Council in advance if they plan to
communication could help to alleviate
e members of the Council for questions
• Council Members should clam whether they are speaking as an individual
Council Member or representing the position of the Town Council. if a Council
Member is contacted by the media or initiates contact with the media, he/she
.should be clear about whether his/her comments represent an official Town
position/policy or a personal viewpoint.
• Council Members should coordinate with the Town Manager when addressing
questions related. to administrative functions or processes. To .provide accurate
information, Council Members should work with the Town Manager when
making statements about administrative procedures and processes,
Council Members should conform to the information policy governed by the
Town Emergency/Disaster Preparedness Plan in the event of a disaster or
emergency. To avoid confusion and ensure the dissemination of .factual
.information during an emergency or disaster, requests for information should be
routed through the appropriately trained public information personnel as
prescribed by the Town Emergency/Disaster Preparedness Plan. The Town
Manager serves as the Emergency Services Director during a disaster and is
.responsible for the response plan and the assignment of duties under that plan.
Council Codz af'Conduct Policy
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