The City Charter provides detailed information on the roles and responsibilities of Councilmembers, the Vice Mayor, and the Mayor. The City’s Code of Ethics provides guidance on ethical issues and questions of right and wrong. Until now, what has not been clearly written down is a Code of Conduct for Sunnyvale’s elected officials.

This Code of Conduct is designed to describe the manner in which Councilmembers should treat one another, city staff, constituents, and others they come into contact with in representing the City of Sunnyvale. It reflects the work of a Council Policy and Protocol Subcommittee that was charged with defining more clearly the behavior, manners, and courtesies that are suitable for various occasions. The Subcommittee also considered a wide variety of policy changes and clarifications designed to make public meetings and the process of governance run more smoothly.

The contents of this Code of Conduct includes:                                                                         Pages

 The constant and consistent theme through all of the conduct guidelines is "respect."  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.

Other resources that are helpful in defining the roles and responsibilities of elected officials can be found in the Sunnyvale City Charter and in the Leadership Guide for Mayors and Councilmembers published by the League of California Cities.

• Serves at the pleasure of the Council (Sunnyvale City Charter, Section 605)
• Acts as the official head of the City for all ceremonial purposes (Sunnyvale City Charter, Section 605)
• Chairs Council meetings (Sunnyvale City Charter, Section 605)
• Calls for special meetings (Sunnyvale City Charter, Section 609)
• Recognized as spokesperson for the City
• Selects substitute for City representation when Mayor cannot attend
• Makes judgment calls on proclamations, Special Orders of the Day, etc.
• Recommends subcommittees as appropriate for Council approval
• Serves as the liaison between the Council and the City Manager and City Attorney in regards to employee relations
• Leads the Council into an effective, cohesive working team
• Signs documents on behalf of the City
• Serves as official delegate of the City to the U.S. Conference of Mayors and other events and conferences

• Serves at the pleasure of the Council (Sunnyvale City Charter, Section 606)
• Performs the duties of the Mayor if the Mayor is absent or disabled (Sunnyvale City Charter, Section 606)
• Chairs Council meetings at the request of the Mayor
• Represents the City at ceremonial functions at the request of the Mayor
• Reports closed session actions at public Council meetings
• Moves for Makes routine motion on consent items on the City Council

All members of the City Council, including those serving as Mayor and Vice Mayor, have equal votes. No Councilmember has more power than any other Councilmember, and all should be treated with equal respect.

All Councilmembers should:

The Mayor will chair official meetings of the City Council, unless the Vice Mayor or another Councilmember is designated as Chair of a specific meeting.

• Maintains order, decorum, and the fair and equitable treatment of all speakers
• Keeps discussion and questions focused on specific agenda item under consideration
• Makes parliamentary rulings with advice, if requested, from the City Attorney who acts as an advisory parliamentarian. Chair rulings may be overturned if a Councilmember makes a motion as an individual and the majority of the Council votes to overrule the Chair.

Past members of the City Council who speak to the current City Council about a pending issue should disclose who they are speaking on behalf of (individual or organization).

Ceremonial Events
Requests for a City representative at ceremonial events will be handled by City staff. The Mayor will serve as the designated City representative. If the Mayor is unavailable, then City staff will determine if event organizers would like another representative from the Council. If yes, then the Mayor will recommend which Councilmember should be asked to serve as a substitute. Invitations received at City Hall are presumed to be for official City representation. Invitations addressed to Councilmembers at their homes are presumed to be for unofficial, personal consideration.

Correspondence Signatures
Councilmembers do not need to acknowledge the receipt of correspondence, or copies of correspondence, during Council meetings. City staff will prepare official letters in response to public inquiries and concerns. These letters will carry the signature of the Mayor unless the Mayor requests that they be signed by another Councilmember or City staff.

If correspondence is addressed only to one Councilmember, that Councilmember should check with staff on the best way to respond to the sender.

Endorsement of Candidates
Councilmembers have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention endorsements during Council meetings or other official City meetings.

Intergovernmental Relations
The Council will hold a quarterly meeting on intergovernmental relations (IGR) to assign specific Councilmembers to take a leadership role on new issues and to hear updates on pending issues. A Chair for each Council Subcommittee should be selected at the first meeting of the Subcommittee after the IGR assignments are made.

Legislative Process
The City of Sunnyvale uses the Planning and Management System (PAMS) as a guideline for its legislative process. Details of the PAMS system may be found in City manuals. The City uses parliamentary procedure for meeting management. 

Non-agenda Items
During a designated period of the agenda, citizens, Councilmembers and staff may bring forth issues or questions that are not on the meeting’s agenda. Topics should be legislative items requiring action by the Mayor or the Council, study issues for future consideration, and requests for information. Each speaker, citizen or elected official, will be limited to five minutes.

Public Announcements in Council Meetings
Councilmembers who want to speak first during the Public Announcement portion of the Council meeting should notify the Chair in advance. Otherwise, Councilmembers will be recognized when the Chair notices the light signal. Councilmembers, like members of the public who use this portion of the agenda to recognize achievements or promote an event, will be limited to three minutes each, and should keep the focus on matters of community-wide interest.

Public Meeting Hearing Protocol
The applicant or appellant shall have the right to speak first. The Chair will determine the length of time allowed for this presentation. Speakers representing either pro or con points of view will be allowed to follow. The Chair will determine how much time will be allowed for each speaker, with 3 to 5 minutes the standard time granted. The applicant or appellant will be allowed to make closing comments. The Chair has the responsibility to run an efficient public meeting and has the discretion to modify the public hearing process in order to make the meeting run smoothly.

Councilmembers will not express opinions during the public hearing portion of the meeting except to ask pertinent questions of the speaker or staff. "I think" and "I feel" comments by Councilmembers are not appropriate until after the close of the public hearing. Councilmembers should refrain from arguing or debating with the public during a public hearing and shall always show respect for different points of view.

Main motions may be followed by amendments, followed by substitute motions. Any Councilmember can call for a point of order. Only Councilmembers who voted on the prevailing side may make motions to reconsider. Councilmembers who desire to make the first motion on issues which they feel strongly about should discuss their intention with the Chair in advance of the Council meeting.

Travel Expenses
The policies and procedures related to the reimbursement of travel expenses for official City business by Councilmembers are outlined in Council Policy 7.3.12. All Council travel in excess of the allowed budget, in which the Councilmember expects to officially represent the City and/or be reimbursed by the City for travel costs, must be approved in advance by the Council. The travel policy and budget for Council should be reviewed at each two-year budget cycle.

Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on contentious issues.

IN PUBLIC MEETINGS

• Use formal titles
The Council should refer to one another formally during public meetings as Mayor, Vice Mayor or Councilmember 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 a free democracy in action. This does not allow, however, Councilmembers to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated.

• Honor the role of the Chair in maintaining order
It is the responsibility of the Chair to keep the comments of Councilmembers on track during public meetings. Councilmembers should honor efforts by the Chair to focus discussion on current agenda items. If there is disagreement about the agenda or the Chair’s actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure.

• Avoid personal comments that could offend other Councilmembers
If a Councilmember is personally offended by the remarks of another Councilmember, the offended Councilmember should make notes of the actual words used and call for a "point of personal privilege" that challenges the other Councilmember to justify or apologize for the language used. The Chair will maintain control of this discussion.

• Demonstrate effective problem-solving approaches
Councilmembers have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole.

• Continue respectful behavior in private
The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations.

• Be aware of the insecurity of written notes, voicemail messages, and e-mail
Technology allows words written or said without much forethought to be distributed wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message was played on a speaker phone in a full office? What would happen if this e-mail message was forwarded to others? Written notes, voicemail messages and e-mail should be treated as potentially "public" communication.

• Even private conversations can have a public presence
Elected officials are always on display – their actions, mannerisms, and language are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, and casual comments between individuals before and after public meetings noted.

Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff, who implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.

• Treat all staff as professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable.

• Limit contact to specific City staff
Questions of City staff and/or requests for additional background information should be directed only to the City Manager, City Attorney, Assistant City Manager, or Department Heads. The Office of the City Manager should be copied on any request, except those to the City Attorney.

• Do not disrupt City staff from their jobs
Councilmembers should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met.

• Never publicly criticize an individual employee
Council should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee’s manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversation. Comments about staff in the office of the City Attorney should be made directly to the City Attorney.

• Do not get involved in administrative functions
Councilmembers must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. [See Code of Ethics] The Sunnyvale City Charter, Section 807, also contains information about the prohibition of Council interference in administrative functions.

• Check with City staff on correspondence before taking action
Before sending correspondence, Councilmembers should check with City staff to see if an official City response has already been sent or is in progress.

• Do not attend meetings with City staff unless requested by staff.
Even if the Councilmember does not say anything, the Councilmember’s presence implies support, shows partiality, intimidates staff, and hampers staff’s ability to do their job objectively.

• Limit requests for staff support
Routine secretarial support will be provided to all Councilmembers. All mail for Councilmembers is opened by the Council Executive Assistant, unless other arrangements are requested by a Councilmember. Mail addressed to the Mayor is reviewed first by the City Manager who notes suggested action and/or follow-up items.

Requests for additional staff support – even in high priority or emergency situations -- should be made to the City Manager who is responsible for allocating City resources in order to maintain a professional, well-run City government.

• Do not solicit political support from staff
Councilmembers should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace.