2 - Reaffirmation of the Los Gatos Town Council Code of Conduct Policy�pW N 0
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COUNCIL AGENDA REPORT
OS G A'S
DATE: December 14, 2011
MEETING DATE: 12/19/11
ITEM NO: �)�
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: REAFFIRMATION OF THE LOS GATOS TOWN COUNCIL CODE OF CONDUCT
POLICY
RECOMMENDATION
Reaffirm the Los Gatos Town Council Code of Conduct Policy.
BACKGROUND
On May 3, 2004 the Town Council approved the Town Council Code of Conduct Policy through the
adoption of Resolution 2004 -59. The Policy was revised on Oct. 16, 2006 through the adoption of
Resolution 2006 -111.
The current Town Council Code of Conduct Policy is provided as Attachment 1.
Section VI Legal and Ethical Standards subsection "Implementation of Legal and Ethical Standards"
states, in part: "The Council will endeavor to annually affirm its understanding and commitment to the
Code of Conduct Policy." In recent years this annual review has occurred as part of the Town Manager's
annual performance evaluation.
ANALYSIS
The Council Code of Conduct Policy provides guidelines and procedures related to the Town Council's
relations and communications with:
- Each other
- Boards and Commissions
- The public
- The media
- Town staff
PREPARED BY : GREG LARSON
Town Manager
Reviewed by: Assistant Town Manager
Town Attorney Finance
NAMGR\AdininWorkFiles\2011 Council Reports \12.19.11 Council Code
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: REAFFIRMATION OF THE LOS GATOS TOWN COUNCIL CODE OF CONDUCT
POLICY
December 14, 2011
In addition, the Policy describes appropriate Council roles and behaviors before, during and outside of
Council meetings, including the specific duties of the Mayor, Vice Mayor and Council liaisons.
Given the Council's long- standing commitment to professional and collegial relations as reflected and
supported by the Council Code of Conduct Policy, it is recommended that the Council annually reaffirm
the Policy.
ENVIRONMENTAL ASSESSMENT
Is not a project under CEQA requiring environmental review.
FISCAL IMPACT
There is no fiscal impact associated with reaffirming the Council Code of Conduct Policy.
Attachments:
1. Town Council Code of Conduct Policy
COUNCIL POLICY
TOWN OF LOS GATOS
Subject: Page Enabling Actions:
Town Council Code of
Conduct Policy 1 of 16 Resolution 2004 -59
Resolution 2006 -111
Approv d: Effective Revised Date:
Date: 5/3/04 10/16/2006
duo G�
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 adininistrative service of the Torun. Except for the purpose of inquiry, the Town
Council and its members shall deal with the administrative services solely through the Town
NI inager, 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
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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:
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 mam that reflects:
Ethical behavior and integrity
Honesty
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
• 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, 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.
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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:
. MMor
■ 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.
The Mayor recommends various standing committee appointments to the Council for
approval.' 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.
■ 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. The Town Council will determine any additional authority or duties that
the Mayor shall perform.
■ Special duties consistent of the Mayoral office may be 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. Implementation of such
goals, however, would require formal Council approval.
1 Council Agenda Format and Rules Policy
2 Council Commendation and Proclamation Policy
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■ 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.
■ 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.
Vice Maw
■ In the Mayor's absence, the Vice Mayor shall perform 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.
■ 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.
VI. 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
3 Resolution 1999 -167
4 Council Agenda Format and Rules Policy
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legitimate elements of free democracy in action. During public discussions, Council
Members should be respectful of others and diverse opinions, 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 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 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.
■ 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. However, for purposes of
clarification, Council may ask the speaker questions. Council comment and discussion
should commence upon the conclusion of all public testimony.
■ 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. The Council will endeavor to annually affirm its understanding and commitment
to the Code of Conduct policy.
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VII. 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.
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.
■ 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
Existing Town Conflict of Interest Policy.
Members of the Council are prohibited from being appointed to the board of directors of
nonprofit organizations receiving funds or in -kind contributions from the Town.' This
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.
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
5 Council Public Access to Council Decision Making Policy and Council Appointments and Memberships Policy
In
of income and gifts. Nevertheless, under certain circumstances, Council Members with
conflicts may be 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 or decision to be completed.
Members of the Town Council are prohibited from accepting gifts from a single source in
any calendar year in excess of $340 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 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.
■ Mass mailings of over 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 direct or 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 of $1,000 or imprisonment in
state prison and a permanent disqualification from holding any public office in the state.
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 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.
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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 use so long as the
redevelopment agency certifies that it will not make or otherwise arrange for any improvements
to the property.
VIII. 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.
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 official 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 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 apolitical "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 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 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 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 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.
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,
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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.
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.
IX. 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 and /or
Council action. The processing of Council policy and decisions takes place with the Town
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Manager and staff. Council should not direct policy /program administrative 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 staff to address Council questions and incorporate minor
corrections or changes to a Council report, resulting in a more efficient Council meeting
discussion.
■ 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.
■ 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.
X. 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 or foreclose on decisions
prior to hearing public testimony. If Council Members desire the assistance of staff while
meeting with constituents, they should request that assistance from the Town Manager.
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■ 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.
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 or commit to a specific
position on current, pending, or future matters to be heard the by the Council. In 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 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 could 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.
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XI. 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.
■ Sharing personal perspectives and opinions. Personal opinions and comments maybe
expressed only if the Council Member clarifies that these statements do not reflect the
official position of the Town Council.
XII. 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 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.
■ Council Members should advise the entire Council in advance if they plan to submit a
letter to the media. Early communication could help to alleviate potential misinterpretation
and prepare members of the Council for questions from the media.
Council Members should clarify 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.
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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.
XIII. Enforcement
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:
• Allows the public, Town Council, and Town employees to report Code of Conduct policy
violations or other misconduct.
• Provides guidelines to evaluate Code of Conduct policy violations or other misconduct and
implement appropriate disciplinary action when necessary.
Procedures
Reporting of Complaints
The following section outlines the process of reporting Council Member Code of Conduct policy
violations or other misconduct:
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.
Complaints made by- Council Members should be reported to the Town Manager or Town
Attorney to adhere to Brown Act requirements.
Complaints made by Town employees should be reported to the Town Manager, who will
direct them to the Mayor or Vice Mayor.
Evaluation of Complaints Alleging Violations
Upon report of the complaint, 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. Within seventy -two (72) hours of receipt 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 person making the complaint,
and nature of the complaint.
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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.
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 limitbd to, the ascertainment of facts relevant to the complaint through interviews and
the examination of any documented materials.
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.
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.
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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.
Disciplinary Action
Considerations in Determining Disciplinary Action
Disciplinary action may be imposed by Council upon Council Members who have violated the
Code of Conduct. 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:
• Nature of the violation
• Prior violations by the same individual
• Other factors which bear upon the seriousness of the violation
Type 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:
■ Public Admonishment — A reproof or warning directed to a Council Member about a
particular type of behavior that violates Town policy:
■ 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.
■ Censure — A formal statement or resolution by the Council officially reprimanding a
Council Member. -
APPROVED AS TO FORM:
Town Attorney
NAMGR\AdminMasters \Council Policies\Code of Conduct.doc
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