Attachment 3 - Town Council Code of Conduct PolicyCOUNCIL POLICY MANUAL
TITLE: Town Council Code of Conduct POLICY NUMBER: 2-04
EFFECTIVE DATE: 5/3/2004 PAGES: 8
ENABLING ACTIONS: 2004-059; 2006-
111; 2021-047
REVISED DATES: 12/17/2012; 3/3/2015;
12/ 17/2019; 11/ 2/ 2021
APPROVED:
I. Preamble
The legal responsibilities of the Los Gatos Town Council are set forth by applicable state and
federal laws. In addition, the Town Council has adopted regulations, including this Code of
Conduct Policy, that hold Council Members to standards of conduct above and beyond what is
required by law. This Policy is written with the assumption that Council Members, through
training, are aware of their legal and ethical responsibilities as elected officials. These
expectations of conduct also apply to all members of the Town’s Boards, Committee s, and
Commissions.
II. Form of Government
The Town of Los Gatos operates under a Council-Manager form of government as prescribed by
Town Code, Section 2.30.305. 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.
III. 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.
Members of the Town Council fulfill their role and responsibilities through the relationships
they have with each other and the public. Town Council Members should approach their work,
each other, and the public in a manner that reflects ethical behavior, honesty and integrity. The
commitment of Town Council Members to their work is characterized by open constructive
communication, innovation, and creative problem solving.
Small Town Service Community Stewardship Future Focus
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IV. Mayoral and Vice Mayoral Selection Process
Per Town Municipal Code, Section 2.20.035, the selection of the Mayor and Vice Mayor occurs
annually at a special meeting in December by majority vote of the Town Council. The Mayor
and Vice Mayor serve at the pleasure of the Town Council and may be replaced by a majority
vote of the Council.
V. Mayoral and Vice Mayoral Roles, Responsibilities, Relationships
The following outlines some of the key roles, responsibilities, and relationships as they relate to
the positions of Mayor and Vice Mayor:
Mayor
A. 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 and
leading Council meetings.
B. The Mayor recommends various standing committee appointments to the Council for
approval.1 This will be done at a Council meeting in December of each year. When
making committee recommendations, the Mayor should attempt to balance shared
responsibilities and opportunities among Council Members. The Mayor may also
appoint citizens to committees not established by Town ordinance or resolution as s/he
deems appropriate.
C. 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.
D. 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, and delivering the State of the Town Address at his or her discretion.2
The Town Council will determine any additional authority or duties that the Mayor shall
perform.
E. Special duties consistent with the Mayoral office may be delegated to the Vice Mayor or
any other member of the Town Council.
F. 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
1 Council Agenda Format and Rules Policy
2 Council Commendation and Proclamation Policy
3 Resolution 1999-167
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Vice Mayor
A. In the Mayor’s absence, the Vice Mayor shall perform the formal duties of the Mayor.4
B. 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.
VI. Council Conduct in Public Meetings
To ensure the highest standards of respect and integrity during public meetings, Council
Members should:
A. 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.
B. 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 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
Mayor/Chair's efforts to focus discussion on current agenda items.
D. Council decisions should be reserved until all applicable information has been presented.
E. Conduct during public hearings. During public testimony, Council Members should
refrain 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,
Council Members may ask the speaker questions. Council comment and discussion
should commence upon the conclusion of all public testimony
VII. Maintaining Civility at Council Meetings
The public is welcome to participate at Town Council meetings and the Mayor should remind
the public of the Town’s expectations for civility in order for the business of the Town to be
completed efficiently and effectively. These expectations include and are not limited to:
A. For the benefit of the entire community, the Town of Los Gatos asks that all speakers follow
the Town’s meeting guidelines by treating everyone with respect and dignity. This is done
by following meeting guidelines set forth in State law, in the Town Code, and on the cover
sheet of the Council agenda.
B. The Town embraces diversity and strongly condemns hate speech and offensive, hateful
language or racial intolerance of any kind at Council Meetings.
C. Town Council and staff are well aware of the public’s right to disagree with their
professional opinion on various Town issues. However, anti-social behavior, slander, hatred,
4 Council Agenda Format and Rules Policy
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and bigotry statements are completely unacceptable and will not be tolerated in any way,
shape or form at Town Council meetings.
D. All public comments at the Town Council meeting must pertain to items within the subject
matter jurisdiction of the Town and shall not contain slanderous statements, hatred, and
bigotry against non-public officials.
E. The Town will go through the following steps if a disturbance results from a member of the
public not following these rules:
1. If participating remotely, Town staff may mute the individual with an explanation for
the record of why muting occurred consistent with this Policy.
2. If participating in-person, the Mayor may call a recess for violation of this Policy,
resulting in the immediate cessation of the audio and video recording and the
Council exiting the Chamber. Staff will determine if the individual should be
removed or if all members of the public should leave depending on the extent of the
disturbance. In the event that all public members exit, only the press would be
allowed back in the meeting. Once the individual(s) leave, the Council would return
to the Chamber and the Mayor would resume the meeting.
3. Persons disrupting a Council meeting may be cited for violation of the California
Penal Code Section 403.
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.
A. Training
Biannual training in the following areas shall be provided by staff to Council Members:
1. The Ralph M. Brown Act
2. Town / CA State Law on Conflict of Interest (AB 1234)
3. Government Section 1090
4. Incompatible Offices
5. The Fair Political Practices Commission Forms
6. Bias
7. Town / CA State Law on Harassment (SB 1343)
B. Procurement
Unless authorized by the Town Council, Council Members 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. Council Members shall disclose ex parte communication and any information obtained
outside of the public record that may influence his/her decision on a matter pending before the
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Town Council. Council disclosure shall occur after the Public Hearing section of the agenda, and
before Council deliberations.
D. Code of Conduct Policy
Newly elected Council Members are strongly encouraged to sign a statement affirming they
have read and understand the Town of Los Gatos Council Code of Conduct Policy.
E. Non-Profit Organizations
Council Members may not sit on boards of directors of non-profit organizations which receive
funding or in-kind contributions from the Town, unless the role serves a legitimate Town
purpose, such as the League of California Cities, and the participation is approved by the full
Council.
IX. Council Participation in Boards, Commissions and Committees, and Reporting
Requirements
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.
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 updated reports to
the Council during the “Council Matters” opportunity on the Council meeting agenda.
Recommended actions by Council Committees should be reported to the Council. When serving
on a 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.
X. Council Relationship with Town Staff
The Town Council has adopted a Council-Manager form of government. The Town Manager’s
powers and duties are outlined in the Town Code, Section 2.30.295.
Council Conduct and Communication 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:
A. 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.
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B. Council Members should direct questions about policy, budget, or professional opinion to
the Town Manager, Town Attorney or Department Directors. Council Members can
direct questions and inquiries to any staff for information that is readily available to the
general public or easily retrievable by staff.
C. The Town Manager and staff are responsible for implementing Town policy and/or
Council action. The processing of Council policy and decisions takes place with the Town
Manager and staff. Council should not direct policy/program administrative functions
and implementation; rather it should provide policy guidance to the Town Manager.
D. 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 or changes to a Council report, resulting in a more efficient Council meeting
discussion; however, this does not preclude Council Members from asking questions at
Council Meetings.
E. 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 the direction of the majority of the Council.
F. Council Members should not attend department staff meetings unless requested by the
Town Manager.
G. 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.
H. Concerns related to the behavior or work of a Town employee should be directed to the
Town Manager. Council Members should not reprimand employees.
I. Per California Government Code, Sections 3201-3209, Council Members should not solicit
financial contributions from Town staff or use promises or threats regarding future employment.
Although Town staff may, as private citizens with constitutional rights, support political
candidates, such activities cannot take place during work hours, at the workplace, or in uniform.
XI. Council Communication with the Public and other Council Members
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
issues or projects raised. Any such preliminary statement shall not constitute a prejudgment or
create a presumption of bias on any issue or a project. 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. Such statements are permissible if clearly characterized as
personal opinion or policy change objectives.
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XII. Enforcement
A. Purpose
The Council Code of Conduct Policy establishes guiding principles for appropriate conduct and
behavior and sets forth the expectations of Council Members. The purpose of the policy
language is to establish a process and procedure that:
1. Allows the public, Town Council, 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
The following section outlines the process for reporting Council Member Code of Conduct
Policy violations or other misconduct:
a. Complaints made by members of the public, the Town Manager, and Town Attorney
should be reported to the Mayor. If a complaint involves the Mayor, it should be
reported to the Vice Mayor.
b. Complaints made by Council Members should be reported to the Town Manager or
Town Attorney to adhere to Brown Act requirements.
c. Complaints made by Town employees should be reported to the Town Manager,
who will direct them to the Mayor or Vice Mayor.
2. Evaluation of Complaints Alleging Violations
Upon report of a written complaint, the Town Manager and Town Attorney will join the Mayor
or Vice Mayor as an evaluation committee to determine the validity of the complaint and, if
appropriate, an initial course of action as discussed below. If the Town Manager or Town
Attorney is the complainant, the longest serving uninvolved Council Member will replace the
Town Manager or Town Attorney on the evaluation committee.
Within seventy-two (72) hours of receipt of the complaint by the Mayor or Vice Mayor, the
Council Member in question shall be notified of the reported complaint by the Mayor or his/her
designee. The notification shall include a copy of the written complaint and supporting
documentation, if any, the identity of the complainant and nature of the complaint.
3. Unsubstantiated or Minor Violations
If the majority of the Committee agrees that the reported violation is without substance, no
further action will be taken. If the reported violation is deemed valid but minor in nature, the
Mayor or Vice Mayor shall counsel and, if appropriate, admonish the Council Member privately
to resolve the matter. Admonishment is considered to be a reproof or warning directed to a
Council Member about a particular type of behavior that violates Town policy.
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4. Allegations of Major Violations
If the reported violation is considered to be serious in nature, the matter shall be referred to
outside legal counsel selected by the Committee for the purpose of conducting an initial
interview with the subject Council Member. The outside counsel shall report his/her initial
findings back to the Committee.
If the Committee then determines that an investigation is warranted, the Committee shall
direct the outside legal counsel to conduct an investigation. The investigation process would
include, but is not limited to, the ascertainment of facts relevant to the complaint through
interviews and the examination of any documented materials.
5. Report of Findings
At the conclusion of the investigation, outside legal counsel shall report back to the Committee
in writing. The report shall either (1) recommend that the Council Member be exonerated
based on a finding that the investigation did not reveal evidence of a serious violation of the
Code of Conduct, or (2) recommend disciplinary proceedings based on findings that one or
more provisions of the Code of Conduct or other Town policies have been violated. In the latter
event, the report shall specify the provisions violated along with the facts and evidence
supporting each finding.
The Committee shall review the report and its recommendations. If the consensus of the
Committee is to accept the report and recommendations, the Committee shall implement the
recommendations. Where the recommendation is exoneration, no further action shall be taken.
Where the recommendation is to initiate disciplinary proceedings, the matter shall be referred
to the Council. Where there is no consensus of the Committee regarding the
recommendations, the matter shall be referred to the Council.
The subject Council Member shall be notified in writing of the Committee’s decision within 72
hours. Where the decision is to refer the matter to the Council, a copy of the full report,
including documents relied on by the investigator shall be provided with the notification, and a
copy of both shall be provided to the whole Council.
6. Proceedings
Investigative findings and recommended proceedings and disciplinary action that are brought
forward to Council as a result of a significant policy violation shall be considered at a public
hearing. The public hearing should be set far enough in advance to allow the Council Member
in question reasonably sufficient time to prepare a response.
Investigative findings shall be presented to the Town Council at a public hearing. The rules of
evidence do not apply to the public hearing. It shall not be conducted as an adversarial
proceeding.
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C. Disciplinary Action
1. Considerations in Determining Disciplinary Action
Disciplinary action may be imposed by Council upon Council Members who have violated the
Council Code of Conduct Policy. Disciplinary action or sanctions are considered when a serious
violation of Town policy has occurred by a Council Member. 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. Public Admonishment – A reproof or warning directed to a Council Member about a
particular type of behavior that violates Town policy.
b. Revocation of Special Privileges – A revocation of a Council Member’s Council
Committee assignments, including standing and ad hoc committees, regional boards and
commissions, and community-generated board/committee appointments. Other
revocations may include temporary suspension of official travel, conference
participation, and ceremonial titles.
c. Censure – A formal statement or resolution by the Council officially reprimanding a
Council Member.
APPROVED AS TO FORM:
Robert Schultz, Town Attorney
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