The City Council, at its meeting of August 17, 1999, approved the establishment of a three-member Council Subcommittee to investigate allegations of violations of the Council Code of Ethics by Councilmember Kawczynski. This report is intended to secure Council reaffirmation of the formation of the Subcommittee together with adoption of a proposed workplan for the Subcommittee investigation.

At the City Council meeting of August 17, 1999, Councilmember Fowler asked the Mayor to form a Subcommittee of the Council to investigate alleged violations of the City Council Code of Ethics by Councilmember Kawczynski. Mayor Valerio accepted Councilmember Fowler’s request and asked that Vice Mayor Vorreiter and Councilmember Roberts join the Mayor in serving on this subcommittee. Vice Mayor Vorreiter and Councilmember Roberts agreed to serve in this capacity and Council, by a vote of 6-1, approved the formation of the Ethics Subcommittee. Subsequently, Councilmember Fowler sent to the Mayor and Council a letter dated August 21, 1999, specifying the alleged violations of the Code of Ethics by Councilmember Kawczynski. (Attachment A)

The City of Sunnyvale Code of Ethics for City Council, Boards and Commissions (Attachment B) specifies standards of ethical conduct expected for members of the City Council, Boards and Commissions. Members, themselves, have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government.

Councilmember Fowler has brought forward to the Mayor’s attention several instances in which he alleges that Councilmember Kawczynski was in violation of the Code of Ethics. Council has voted to approve the establishment of a Council Subcommittee to investigate these allegations of violations by Councilmember Kawczynski and to bring forth a Report to Council upon the conclusion of their investigation.

The Ethics Subcommittee is proposing that the scope of the Subcommittee’s review and investigation be confined solely to the allegations of violations of the Code of Ethics as outlined in Councilmember Fowler’s letter to the Mayor dated August 21, 1999.

The Subcommittee proposes meeting on September 15, 1999, at 5:30 p.m. in the Council Conference Room and, if necessary, again on September 20, 1999, at the same time and location. Written information may be submitted to the Subcommittee relative to the allegations by any Member of Council. The Subcommittee’s meetings are public meetings, but are not public hearings, and thus no verbal testimony or comments shall be received from the public at such time.

The Subcommittee will review the allegations, conduct the necessary investigative research and, upon the conclusion of their work, submit a Report to Council with a recommended course of action. It is anticipated that a final Report to Council will be available for the Council Agenda of either September 21 or 28, 1999.

Minimal, as Council and Staff resources will be utilized within existing departmental budget.

Posting of Agenda at City Hall, copies are available in the Sunnyvale Public Library and on the City of Sunnyvale web page.

Mayor Valerio recommends Alternative #3.

Prepared by:

Manuel Valerio
Mayor