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RTC #00-124

April 11, 2000

SUBJECT: Adoption of Code of Conduct for Elected Officials

EXECUTIVE SUMMARY

This Code of Conduct is designed to describe the manner in which Councilmembers should treat one another, City staff, constituents, and others with whom they come into contact in representing the City of Sunnyvale. It reflects the work of the Council Subcommittee on Policy and Protocol. This subcommittee was charged with coming up with guidelines that would more clearly define the behavior, manners, and courtesies that are suitable for various occasions. It is recommended that the Council approve the recommendations of the Council Subcommittee on Policy and Protocol in adopting the attached Code of Conduct for Elected Officials.

BACKGROUND

In March of 1999, the City Council formed a Subcommittee on Policy and Protocol to review and provide guidelines on appropriate behavior that Councilmembers should model at all times, even during the time in which they encounter the most difficult situations. The three-member subcommittee, chaired by Vice-Mayor Jack Walker, along with Councilmembers Jim Roberts and Fred Fowler, presented their first draft of the Code of Conduct for Elected Officials to the Council at their January 2000 teambuilding session. Comments and suggestions were received and were incorporated into a draft document, which Council reviewed at its study session on March 28, 2000. Comments and suggestions made at this study session have been incorporated into the attached Code of Conduct for Elected Officials.

Existing Policy

The City’s Code of Ethics for members of Sunnyvale City Council and Boards and Commissions provides guidelines on ethical issues and questions of right and wrong. The City Council has adopted the Code of Ethics to assure public confidence in the integrity of local government in its effective and fair operations. It is believed that the citizens and businesses of Sunnyvale are entitled to fair, ethical, and accountable local government that has earned the public’s full confidence for integrity. In keeping with the City of Sunnyvale’s commitment to excellence, the effective functioning of democratic government requires that public officials comply with both the letter and spirit of law and policies affecting the operations of government; that they be independent, impartial, and fair in their judgment and actions; that they be used for public good, not for personal gain; and that public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

DISCUSSION

The Subcommittee considered a wide variety of policy changes and clarification designed to make public meetings and the process of governance run more smoothly. The Councilmembers experience huge workloads and tremendous stress in making decisions that could impact thousands of lives. Despite these pressures, elected officials are called upon to exhibit appropriate behavior at all times. Demonstrating respect for each individual through words and actions is the touchstone that can help guide Councilmembers to do the right thing in even the most difficult situations.

While the Code of Ethics provides guidelines on ethical issues, the subcommittee felt that a more clearly defined Code of Conduct is needed. The constant and consistent seen throughout the Code of Conduct guidelines is respect. The content of the Code of Conduct includes the following:

This section covers the roles and responsibilities of the Mayor, Vice-Mayor, Councilmembers, meeting chair and former Councilmembers.

This section covers policies, processes, and interactions during ceremonial events, correspondence signatures, endorsement of candidates, intergovernmental relations, legislative process, non-agenda items, public announcements in Council meetings, public hearing protocol, and travel expenses.

This section describes the behaviors on how they interact with each other given that they are chosen to serve in public office in order to preserve and protect the present and future of the community. This includes: how formal titles should be used in public hearings; practice civility and decorum in discussions and debate; honor the role of the chair in maintaining order; avoid personal comments that could offend other Councilmembers; demonstrate effective problem-solving approaches; continue to respect behaviors in private encounters, being aware of insecurity of written notes, voice mail messages, e-mails, and even private conversation that can have a public presence.

This section describes that governing of a city relies on cooperative efforts of elected officials who set policy and City staff who implement and administer Council policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contribution made by each individual for the good of the community. It includes: treat all staff as professional; limit contact to specific City staff; not disrupt City staff from their jobs; never publicly criticize an individual employee; not getting involved in administrative functions; check with City staff on correspondence before taking action; not attend meetings with City staff unless requested by staff; limit requests for staff support; and not solicit political support from staff.

This section discusses making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of the Councilmembers toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. It includes: be welcoming to speakers and treat them with care and gentleness; be fair and equitable in allocating public hearing time to individual speakers; give the appearance of active listening; ask for clarification but avoid debate and argument with the public; no public attacks of any kind under any circumstances; and follow parliamentary procedure in conducting public meetings. In an official setting, Councilmembers should make no promises on behalf of the Council, make no personal comments about other Councilmembers, and remember that despite its impressive population figures, Sunnyvale is a small town at heart.

This section talks about what image Council should project when interacting with other agencies. It includes: be clear about representing the City or personal interests; and correspondence should always be equally clear about representation.

Citizens who serve on the boards and commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect. This section includes: if attending a board or commission meeting, be careful to only express personal opinions; limit contact with board and commission members to questions or clarification; remember that board and commissions serve the community, not individual Councilmembers; be respectful of diverse opinion; keep political support away from public forums; and, inappropriate behavior by a board or commission member can lead to removal.

Councilmembers are frequently contacted by the media for background and quotes. This section includes: the best advice for dealing with the media is to never go "off the record"; the Mayor is the official representative on City positions; choose words carefully and cautiously.

This section covers how to deal with inappropriate behavior or violation of the Code of Ethics or Code of Conduct. It includes public disruption, inappropriate staff behavior, and Councilmembers’ behavior and conduct.

This includes examples of what proper conduct is and proper conduct is not.

This section provides a list of questions an individual can use as self-monitoring tool to ensure the appropriateness of his/her conduct.

This is a quick reference of definitions of terms used throughout the Code of Conduct.

Fiscal Impact

There is no fiscal impact.

Public Contact

Posting of the agenda. Copies of this report are available in the Sunnyvale Public Library, the City Clerk’s Office, and on the City of Sunnyvale web page.

Alternatives

  1. Council adopt the Code of Conduct for Elected Officials as submitted by the Council Subcommittee on Policy and Protocol.
  2. Amend the Code of Conduct as appropriate.
  3. Take no action and decide guidelines are not necessary to direct the Council in how they should treat one another, City staff, constituents, and others with whom they come into contact in representing the City.

Recommendation

That Council approve the Council Subcommittee on Policy and Protocol recommendation and adopts the Code of Conduct for Elected Officials.

Prepared by:

Amy Chan
Assistant City Manager

 

Approved by:

Robert S. LaSala
City Manager

 

Attachments

  1. Code of Conduct for Elected Officials

 

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