December 7, 2004
SUBJECT: ANNUAL REVIEW OF THE CODE OF ETHICS
REPORT IN BRIEF
The Code of Ethics for elected and appointed officials is reviewed annually by the City Council and the City’s advisory boards and commissions to consider the need for any revisions and to refresh members’ familiarity with the Code. As a result of the review by the City’s ten boards and commissions this year, no revisions to the Code of Ethics are proposed. Staff recommends that the Council take the opportunity to review the Code for updates and/or modifications that the Council sees fit and direct staff to revise the Code accordingly.
BACKGROUND
In June 1995, the City Council adopted a Code of Ethics for elected and appointed officials (Attachment A). A committee of former members of Council and commissions developed the Code, and each City advisory board or commission prior to its adoption reviewed the draft. When the Code was adopted, Council also approved an implementation plan, which included the specific review of the Code by boards and commissions as part of their regular annual work plans. Following the review by boards and commissions, the implementation plan calls for the Code to be reviewed by the City Council, and if necessary, be revised to reflect changed conditions or incorporate suggestions made by the boards and commissions for its improvement. Sunnyvale’s boards and commissions did not recommend any changes at this time.
After the initial adoption of the Code of Ethics, all currently appointed and elected members of the City Council and boards and commissions signed a "member statement" affirming they had read and understood the Code of Ethics (Attachment B). As new members have been appointed or elected, they also have signed the member statement. In addition, a presentation on the Code of Ethics is included in orientation sessions for newly appointed board and commission members, as well as in the application and filing materials for applicants and candidates.
When the City Council adopted the Code of Ethics, it approved a single set of guidelines for members of both the City Council and advisory boards and commissions to achieve consistency using the same ethical standards for all City officials. In addition, the Code was expressed as simple and positive principles of conduct, rather than as a detailed, legal ordinance. Since existing laws already deal with issues such as conflict of interest and fair political practices, the Code focuses on guidelines for personal and official conduct which would strengthen both the overall integrity of government and the public’s confidence in it.
EXISTING POLICY
There are essentially three documents that govern the conduct of Councilmembers in the City of Sunnyvale as they conduct City business. The Sunnyvale Charter lays out the legal basis for Council conduct with the Code of Ethics and Code of Conduct represent Council policy and attempt to set a standard of conduct that a Councilmember is expected to apply.
DISCUSSION
When the Code was developed, therefore, a key issue was to distinguish between "ethical issues" and City policy issues or traditions of practice. For example, the first principle of the Sunnyvale Code of Ethics is fundamental, and it is included in other codes of ethics: members will serve the public interest over their personal interests. Yet, the principle regarding the independence of advisory boards and commissions reflects the traditions found in the City of Sunnyvale; different political traditions in other communities deal with this issue very differently.
The Sunnyvale Code of Ethics is based on several basic principles, which are stated in the preamble. These include:
- Public officials, both elected and appointed, should comply with both the letter and spirit of all relevant laws and policies affecting the operations of government;
- They should be independent and impartial in their judgment and actions;
- Public office should be used for the public good, not for personal gain; and
- Public deliberations and processes should be conducted openly in an atmosphere of respect and civility.
Achieving members’ compliance with the Code requires ongoing education and appropriate intervention, both of which require support and action by all members of the Council and boards and commissions. All members are responsible for helping their colleagues to be aware of the Code of Ethics and identify areas of potential concern. Chairs of boards and commissions have an additional responsibility to address specific concerns raised by their colleagues, Councilmembers or the public regarding actual or perceived conduct of individual members which may be in conflict with the City's ethical standards. The Mayor has a similar responsibility in regard to City Councilmembers, as well as to members of boards and commissions.
Finally, if education and intervention are not effective in achieving compliance with the Code of Ethics, then the Council can take more formal actions. These could include a public reprimand, censure, or other sanctions if a member seriously fails to adhere to the ethical standards adopted by the City. In the case of boards and commissions, the City Charter also allows the Council to remove a member with four affirmative votes. The Code identifies these formal measures as possible methods of enforcement for serious violations of established standards of conduct.
FISCAL IMPACT
There is no fiscal impact as a result of this report. However, if Council makes modifications to the Code, there would be printing costs for the pamphlets. Dollar amount is unknown at this time.
CONCLUSION
The Code of Ethics is reviewed annually by the Council and all Sunnyvale boards and commissions for revisions or modifications. There were no recommended changes this year by the boards and commissions. This is an opportunity for the Council to refresh familiarity with the Code and consider the need for any revisions.
PUBLIC CONTACT
Newly appointed members of boards and commissions reviewed the Code of Ethics as part of the regular new member orientation. The Code of Ethics was reviewed at the regular meetings of the ten City advisory boards and commissions. No specific suggestions were made by individual Commissioners or boards/commissions to revise the Code of Ethics. Public Contact was additionally made through the posting of the Agenda and staff report on the City’s web site and agendas posted at City Hall, the Library and the Department of Public Safety.
ALTERNATIVES
1. Review the Code of Ethics for updates and/or modifications that the Council sees fit and direct staff to revise the Code accordingly.
2. Reaffirm the Sunnyvale Code of Ethics for Elected and Appointed Officials and approve the Code as it is currently written, with no changes.
RECOMMENDATION
Staff recommends Alternative 1.
Reviewed by:
Susan Ramos, City Clerk
Prepared by: Donna Biles, Deputy City Clerk
Approved by:
Amy Chan
City Manager
Attachments
A. Code of Ethics
B. Member Statement