20031013 - Study Session Staff ReportOW x OF
V COUNCIL AGENDA REPORT
SOS G A10
DATE: OCTOBER 13, 2003
MEETING _DATE: 10/13/03
STUDY SE-S
TO: MAYOR AND TOWN COUNCIL __q -
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: DISCUSS PROPOSED COUNCIL CODE -OF CONDUCTPOLICY
RECOMMENDATION:
It is recommended that the Council continue to discuss and give direction regarding the proposed
Code of Conduct Policy.
BACKGROUND:
During its September 18 Study Session, Council discussed a portion of the proposed Council Code
of Conduct Policy and directed the Council Policy Committee to make minor revisions. These
revisions are reflected bold italics in the attached proposed policy (Attachment No. 1).
DISCUSSION:
It is recommended that Council review and discuss the policy revisions and remainder of the
proposed Council Code of Conduct Policy and provide direction to the Council Policy Committee.
CONCLUSION:
The Council Policy Committee recommends that the Council continue to discuss and give direction
regarding the proposed policy. Based on Council feedback, the Committee will revise the draft
policy for discussion at a future study session meeting and/or Council adoption.
FISCAL IMPACT:
It is anticipated that will be no fiscal impact associated with the recommended action to discuss
PREPARED BY: E VR AMA, ADMINISTRATIVE ANALYST
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Reviewed by: ssistant Town Manager _Attorney _Finance Revised: 10/8/03 1:48 pm
Reformatted: 7/14/99
PAGE 2
TOWN COUNCIL AGENDA REPORT
SUBJECT: DISCUSS PROPOSED COUNCIL CODE OF CONDUCT POLICY
October 13, 2003
the proposed Council Code of Conduct Policy. Should Council direct the Committee to conduct
further research and/or revise the proposed policy, existing staff within the Manager's Office will
provide the necessary policy development support.
Attachments:
Attachment No. 1: Proposed Council Code of Conduct Policy with Revisions
Draft
Town of Los 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, and
more importantly, a desire to seek what is good for the community.
II. Form of Government
The Town of Los Gatos operates under a Council- Manager form of government as
prescribed by Town Code. Accordingly, Members of the Council are elected at- large,
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 office 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 nor any member thereof shall give orders to
any Town Officers, other than the Town Attorney, either publicly or privately. "
III. Town Council Roles, Responsibilities, and Relationships
A council is a collection of diverse individuals who come together to constitute and act as an
entity, and only when operating as an entity can they exercise authority and perform the
fulfillment 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.
To achieve success, a council must clearly define and understand its roles, responsibilities,
and relationships. The following outlines the key roles, responsibilities, and relationships of
the Los Gatos Town Council:
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Town Council Roles and Responsibilities
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 for assessing and achieving the
community's desire for its present and future and for 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.
Town Council Relationship to its Work, Each Other and the Public
Members 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; and
Trust and respect for one another.
The commitment of Town Council Members to their work, each other, and the public is also
characterized by:
• Innovation and creative problem solving;
• Future orientation and proactive efforts;
• Open and constructive communication; and
• Shared purpose.
IV. Mayoral and Vice Mayoral Selection Process
The selection of the Mayor and Vice Mayor usually occurs annually at the second meeting
in November by majority vote of the Town Council. Section 2.20.035 of the Town Code
establishes this provision.
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, all members 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.
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V. Mayoral and Vice Mayoral Roles, Responsibilities, and Relationships
The following outlines some of the key roles, responsibilities, and relationships as they
relate to the position of Mayor and Vice Mayor:
Mayor
• The Mayor is the presiding officer of the Town Council. In this capacity, the Mayor
is responsible for developing Council agendas in cooperation with the Town
Manager, leading Council meetings, and appointing Council Members to standing
committees.I
• 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.
• The title of Mayor carries with it the responsibility of communicating with the Town
Council, Town Manager, and members of the public. In 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.2 The Town Council will determine any
additional authority or duties that the Mayor shall perform.
• Special duties consistent of the Mayoral office maybe delegated to the Vice Mayor
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 Town priorities, the capacity of the Town
budget, availability of staff, and other necessary resources required for
implementation.
t Council Agenda Format and Rules Policy
2 Council Commendation and Proclamation Policy
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• In the event that one or more members of a Town Board, 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 Handbook .3
Vice Mayor
• In the Mayor's absence, the Vice Mayor shall perform the formal duties of the
Mayor as noted elsewhere in this document 4
• 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
• In the event that the Mayor acts in contrary to approve 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.
VII. Legal and Ethical Standards
Understanding that the Council's primary concern is the public interest, Council Members
should work for 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 government.
Council Conduct in Public Meetings
To ensure the highest standards of respect and integrity during public meetings, Council
Members should:
• Use formal titles. The Council should refer to one another formally during Council
meetings 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. This does not allow, however,
Council Members to make abusive, slanderous, and personal comments, and/or
s Resolution 1999 -167
° Council Agenda Format and Rules Policy
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physical actions that could be construed as threatening. Council Members should be
respectful of each other and diverse opinions.
• Honor the role of the presiding officer in maintaining order and equity. Respect the
Mayor /Chair's efforts to focus discussion on 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.
• Demonstrate effective problem - solving 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 whole. 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 upon
the merits and substance of the matter at hand, and not through established coalitions
or well - defined voting blocks.
• Be prepared and knowledgeable. To effectively lead and inform the public, Council
Members should be prepared and informed about issues on the agenda.
• Be respectful of other people's time. Council Members should stay focused, listen
attentively, and act efficiently during public meetings.
• Treat others as you would 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 Town Council
Candidates and newly elected Council Members. Newly elected Council Members should
sign a statement affirming they have read and understand the Town of Los Gatos Council
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 recognize
the importance of following the law so as not to compromise the effort to achieve the goals
of the community.
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Open Meeting Rules
The Ralph M. Brown Act.
• Requires that meetings of the Town Council be open and public. "Meetings" occur
whenever three or more members of the Council hear, discuss, or deliberate on any
matter that is relevant to the Town. This includes discussions that occur face to face,
serially, through third parties, or through written, telephonic, or e-mail
communications.
• Applies to all "legislative bodies," which are defined 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. Council has, therefore, adopted a policy prohibiting its
members from appointment to the board of directors of nonprofit organizations
receiving funds or in -kind contributions from the Town.
• Requires that the agenda for meetings be posted in advance and that discussions and
actions be limited to items appearing on the posted agenda.
• 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.
• 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
The Political Reform Act. The Act controls conflicts of interests through disclosure of
financial interests and prohibition in participating in decision making.
• Members of the Town Council are prohibited from making, participating in or in any
way attempting to use their official position to influence a governmental 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 may be allowed to participate in
decision making.
• Members of the Town Council are prohibited form accepting honoraria, or payments
in consideration of giving speeches, publishing articles or attending conferences or
e Council Public Access to Council Decision Maldng Policy and Council Appointments and Memberships Policy
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other meetings. Exceptions to this prohibition include income earned in connection
with a business, trade or profession, campaign contributions, personalized plaques or
trophies worth less than $250, and free admission and similar non -cash nominal
benefits.
• Members of the Town Council are prohibited from accepting gifts from a single
source in any calendar year in excess of an amount determined each odd
numbered year. The Town Attorney notifies the Council of that amount at the
beginning of each calendar year and upon request. There are several, including
gifts from a spouse, or from 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 of any such person, information material, gifts that are
returned or donated to a charity within 30 days without being claimed for a tax
deduction, campaign contributions, inheritances and hospitality at a private
residence.
• Members of the Town Council are prohibited from receiving loans from public
officials, employees, vendors and consultants.
• The Act strictly limits mass mailings of 200 or more identical or nearly identical
pieces of mail sent at public expense.
Government Code section 1090. Section 1090 prohibits "self dealing," which can occur if
members of the Town Council have financial interests 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 direct or indirect
financial interest. Serious criminal penalties can result from violations of section 1090.
Incompatible Offices. A public officer who is appointed or elected to another public office
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.
Bias. Due process requires that decision makers in certain situations, such as public
hearings in land use matters, be fair and impartial. A personal interest or 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 rule does notpreclude
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 Conflicts. The Council, as officers of the Redevelopment Agency, are
generally prohibited from acquiring any interest in property included within the
redevelopment project area. Property can, however, be acquired for personal residential
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use so long as the redevelopment agency certifies that it will not make or otherwise
arrange for any improvements to the property.
IX. Town Council Conduct and Communication with, and Participation in,
all Boards, Commissions, and Committees
There are several committees that Town Council Members have been appointed to or have
an interest in, including but not limited to, Town Council standing and ad hoc committees,
Town boards and commissions, regional boards and commissions, and community -
generated committees. 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 whole,
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,
commission, 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
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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 Members should not deliberate on any Council action if they have
specifically addressed a Town board or commission about that particular issue. If a
Council 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/herself from deliberating on any Council
action related to the issue discussed.
• Statements made by Council representatives about the Town's official position
should be based on current or 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 of the Council, which is defined 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 verbal 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 of a Council Committee shall be reported to the Council.
• The Mayor may counsel members of a subordinate Town Board and Commission
about appropriate public meeting conduct related to the business of the Town. In the
event that one or more members of a subordinate Town Boards, Commissions, or
Committees 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 Handbook
Participation
• Appointed primary Council representatives are responsible for attending and
participating in applicable board, commission, and committee meetings. If a
Council Member has been appointed as the primary Council representative for a
board, commission, or committee, that Council Member is responsible for attending
the regularly scheduled meetings. In 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.
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• 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/commission/committee's practices and procedures and
to avoid confusion or duplication of efforts. Alternates are discouraged from regular
attendance at board/commission /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
2.30.305 of the Town Code. The Council values partnering 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 partnership and
collaboration, these policies are intended to establish boundaries and expectations based
upon the role of the Town Manager as set forth by the Town Code and the Council- Manager
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.
• 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 policy /program administrative
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functions and implementation; rather it should provide policy 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
incorporate minor corrections or changes
efficient Council meeting discussion.
staff to address Council questions and
to a Council report, resulting in a more
• Council Members should not direct the Town Manager to 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 on resources available and required for a
particular course of action as it relates to Council direction.
• Council Members should not attend department staff meetings unless requested by
the Town 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 Town employee should be directed to
the Town Manager. Council Members should not reprimand employees directly nor
should they communicate their concerns publicly.
• Council Members should not solicit political campaign support from Town staff.
Although Town staff may, as private citizens with constitutional rights, support
political candidates, such activities must take place away from the workplace.
XI. Council Conduct 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:
General Public
Council Members should respect the collaborative process of council decision
making and the Council- Manager form of government. Council Members routinely
meet with constituents to hear community concerns, explain Council actions, provide
opinions about a particular issue, and/or 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.
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If 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 influence when attending community
meetings that are not organized by the Town. The presence of Council Members can
sometimes create a perception of support for a particular issue or an expectation that
a specific action will be taken.
Land Use Applications
Information obtained outside of the public hearing process related to a matter
pending before the Town Council must be revealed on the official public record.
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 official public record, as well as any facts obtained in the
meeting that influence a Council Member's decision. The merits of an application
can only be evaluated based on information included in the public record.
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 Official Town Position
In the event that individual Council Members are asked to represent or express an official
Town position, 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 appears before another governmental agency organization to
give a statement on an issue affecting the Town, 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.
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• Sharing personal perspectives and opinions. Personal opinions and comments may
be expressed only if the Council Member clarifies that these statements do not reflect
the official position of the Town Council.
XIII. Council Conduct with the Media
Council Members are frequently contacted by the media for background information and
quotes related to Town business and/or community issues. When addressing the media,
Council Members should follow these guidelines:
• Council Members should be professional in all situations and circumstances,
conducting themselves in a respectNl manner. When speaking with the media,
Council Members should choose their words carefully to ensure that comments
and statements are not taken out of context.
• 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, 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.
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