December 13, 2005
SUBJECT: Annual Review - Code of Conduct for Elected Officials
REPORT IN BRIEF
The Code of Conduct for Elected Officials (Attachment A) describes the manner in which Council Members should treat one another, City staff, constituents, and others whom they may come in contact with while representing the City. The Code was adopted in 2000 and revised in 2004. As part of the 2004 review, it was determined that the Code would be presented annually to the Council for review. Staff recommends that Council reviews the Code for any modifications and directs staff to revise the Code accordingly.
BACKGROUND
In 1999, the Council formed a subcommittee on policy and protocol to review and provide guidelines for appropriate behavior that Councilmembers should model at all times regardless of the circumstances. The subcommittee made recommendations to the Council regarding the content of a Code of Conduct and the Code was unanimously adopted on April 11, 2000.
EXISTING POLICY
The City Charter outlines the legal basis for Council conduct. 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 for Council Members in their roles of representing the City. The Code supports the City’s Commitment to Excellence and provides for the effective functioning of a democratic government.
DISCUSSION
A variety of policy changes and clarifications were included in the development of the Code of Conduct. Emphasis was placed on facilitating public meetings to allow the process of governance to run more smoothly and effectively. The subcommittee felt that, in spite of the heavy workload and the tremendous stress Councilmembers experience, elected officials must exhibit appropriate behavior at all times. The subcommittee believed that demonstrating respect for each individual through words and actions is the touchstone that guides Councilmembers to do what is right, even in the most difficult situations.
Attachment A is a copy of the Code of Conduct as revised by City Council on December 7, 2004 that includes recent clarifications for Council consideration. On pages10-11 in bold italics (for review purposes only) staff has clarified that direct contact between Council and staff is appropriate under certain circumstances and such contact does not necessitate informing the City Manager. Once approved by Council, the bold italics will be removed.
FISCAL IMPACT
There is no fiscal impact as a result of this report.
Conclusion
Consistent with previous Council action, Council is to review the Code of Conduct for Elected Officials and determine if further modifications are needed at this time.
PUBLIC CONTACT
Public contact was made through posting of the Council Agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, publication of the Council Agenda in the San Jose Mercury News, and the availability of the report in the Office of the City Clerk and the Sunnyvale Public Library.
ALTERNATIVES
1. Council reviews the Code of Conduct, approves it as clarified by staff and directs staff to return the Code of Conduct to Council for an annual review in 2006.
2. Council reviews the Code of Conduct, approves it as clarified by staff, determines additional modifications, directs staff to incorporate such changes into the Code, and directs staff to return the Code of Conduct to Council for an annual review in 2006.
RECOMMENDATION
Staff recommends Alternative No. 1.
Reviewed by:
Robert Walker, Assistant City Manager
Prepared by: Katherine Bradshaw Chappelear, City Clerk
Approved by:
Amy Chan
City Manager
Attachment
A. Code of Conduct (as revised 12/13/05)