December 7, 2004
SUBJECT: Review of Code of Conduct for Elected Officials
REPORT IN BRIEF
The Code of Conduct for Elected Officials describes the manner in which Council Members should treat one another, city staff, constituents, and others they come into contact with in representing the City. Since its adoption in April 2000, the Code has not been formally reviewed by the Council for updates and/or modifications. In October 2003, the Code was referenced in a report to Council concerning a local incident that involved the actions taken by a former staff member and Council member. At that time Council took action to modify and further clarify certain provisions in the Code. The modifications have been incorporated into the attached Code. Staff recommends Council take this opportunity to review the Code for additional and/or alternative modifications to the Code as Council sees fit and direct staff to revise the Code accordingly. Staff also recommends bringing back the Code to Council for an annual review together with the review of the Code of Ethics.
BACKGROUND
In March 1999, the Council formed a subcommittee on policy and protocol to review and provide guidelines on appropriate behavior that Council members should model at all times, even during difficult situations. The subcommittee, comprised of former Council members Jack Walker and Jim Roberts and current Council member Fred Fowler, met several times to develop a draft Code which was subsequently presented to Council for review. Comments and suggestions received from Council were incorporated into the Code and the Council unanimously adopted the Code on April 11, 2000.
In addition to the Code of Conduct, the City Charter and the City Code of Ethics for Elected and Appointed Bodies also provides guidance and lays out the role and responsibilities of Council members. The Council adopted the Code of Ethics to provide guidance on ethical issues and questions of right and wrong and to assure public confidence in the integrity of local government and its effective and fair operation.
EXISTING POLICY
The City Charter lays out the legal basis for Council conduct while the Code of Ethics represents Council policy in providing guidelines on ethical issues and questions of right and wrong. The Code of Conduct represents Council policy in providing guidelines that set standards to clearly define the behavior, manners and courtesies suitable for various occasions of Council Members in their role of representing the City. In addition, the Code of Conduct has a section on Sanctions, which provides a process for addressing inappropriate behavior and conduct and infractions of the Code of Ethics and or Code of Conduct (see page 19). These policies support the City’s commitment to excellence and provides for an effective functioning of a democratic government.
DISCUSSION
A wide variety of policy changes and clarification went into the development of the Code of Conduct. Consideration was placed on making public meetings and the process of governance run more smoothly and effectively. The subcommittee felt that in spite of the heavy workload and tremendous stress Council members experience, elected officials are called upon to exhibit appropriate behavior at all times. The subcommittee believed that demonstrating respect for each individual through words and actions is the touchstone that can help guide Council members to do what is right even in the most difficult situations.
Since its adoption, the Code of Conduct has not been formally reviewed by this Council. It was however, referenced in a report to Council on October 21, 2003. At that time, previous Council’s actions included modifications to the Code of Conduct as follows:
1. Setting reasonable guidelines in the Code of Conduct for when it is appropriate for a Council member to contact any member of staff, including the City Manager and the City Attorney; and
2. Modifying the Code of Conduct to indicate that responses to operational or policy questions raised outside of normal business hours should be expected no earlier than the next business day. Moreover, any question concerning ongoing operations cannot be answered until it is safe and practical to do so and does not jeopardize operational integrity; and
3. Adding the following passage to the Code of Conduct, “A Council member has the right to make an inquiry regarding operations in order to better understand current or future policy implications”.
The aforementioned modifications have now been incorporated into the attached Code of Conduct by staff, highlighted for your quick reference. Council has the option to revisit these concerns at this time and reaffirm the modifications proposed by the previous Council. Council also has the option to propose alternative or additional modifications to the Code of Conduct.
FISCAL IMPACT
There is no fiscal impact as a result of this report.
Conclusion
The Code of Conduct was adopted by Council four years ago and has not been formally reviewed by this Council for updates and/or changes. In October 2003, previous Council approved modifications which have been incorporated into the Code. This Council has the option to reaffirm the proposed aforementioned modifications and/or make additional or alternative modifications to the Code of Conduct.
PUBLIC CONTACT
Public contact was made with publication of the Council agenda public hearings in the San Jose Mercury News, posting of the Council agenda on the City’s official notice bulletin boards located at City Hall, Library, and Public Safety Department, and posting of the agenda and report with attachments on the City’s web page and hardcopies in the City Clerk’s office.
ALTERNATIVES
1. Review the Code of Conduct for additional and/or alternative modifications to the Code as Council sees fit and direct staff to revise the Code accordingly.
2. Direct staff to bring back the Code of Conduct to Council for an annual review together with the annual review of the Code of Ethics.
3. Review the Code of Conduct; reaffirm the proposed aforementioned modifications to the Code of Conduct; and, approve the Code as it is currently written, with no changes.
RECOMMENDATION
Staff recommends alternatives 1 and 2.
Reviewed and Approved by:
Amy Chan, City Manager
Prepared by:
Attachments
Code of Conduct (pdf format)