HomeMy WebLinkAbout2008-05-13 - RESOLUTIONS - CODE ETHICS POLICY (2)RESOLUTION NO. 08-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, ESTABLISHING A POLICY
INCLUDING A CITY CODE OF ETHICS AND CONDUCT
WHEREAS, the City of Santa Clarita ("City") wishes to establish a policy containing a
City Code of Ethics and Conduct; and
WHEREAS, City elected officials, appointed officials and employees are governed by
various applicable laws, including laws regarding the conflicts of interest, government
transparency laws, and laws regulating personal advantages and perquisites of office; and
WHEREAS, City employees are also guided by various City personnel policies that
relate to ethics and conduct, and
WHEREAS, City officials and employees are also guided by the City Philosophy; and
WHEREAS, City officials and employees are guided by the values regarding ethics and
conduct; and
WHEREAS, the Code of Ethics and Conduct describes many of these duties and values.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve
as follows:
SECTION 1. Recitals. The City Council finds and declares that the above recitals are
true and correct and incorporates them herein.
SECTION 2. Adoption of Code of Ethics and Conduct Policy. The City Council hereby
adopts the Code of Ethics and Conduct Policy, attached hereto and incorporated by reference.
SECTION 3. Effective Date. This Resolution shall take effect from and after its date of
passage; approval and adoption.
SECTION 4. Certification. The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED this 13th day of May, 2008.
YO
ATTEST: � � ' �
CITY CLERK--- K
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 13th day of May, 2008, by the following vote:
AYES: COUNCILMEMBERS: McLean, Ender, Weste, Ferry, Kellar
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CI'fY CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution No. 08-47, adopted by the City Council of the City of
Santa Clarita, California on May 13, 2008, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
, 20
Sharon L. Dawson, CMC
City Clerk
By
Susan Caputo
Deputy City Clerk
CITY OF SANTA CLARITA
NUMBER I-15
ORIGINAL ISSUE 08/15/08
CURRENT ISSUE
SUPERSEDES
EFFECTIVE 08/15/08
EFFECTIVE
RESPONSIBLE DEPARTMENT:
CITY MANAGER'S OFFICE
PURPOSE
POLICY/PROCEDURE
SUBJECT
CODE OF ETHICS AND CONDUCT
CATEGORY
CITY COUNCIL
STANDARD MANAGEMENT PROCEDURE
The City of Santa Clarita has developed the following policy for administration of a Code of Ethics and
Conduct.
POLICY
I. Purpose
The City recognizes that the proper operation of democratic government requires that decision -makers be
independent, impartial, and accountable to the people they serve, At the City of Santa Clarita, we believe
ethical conduct requires more than simply complying with the laws and regulations that govern our
organization. As members of the City Council, boards, committees, commissions, and employees, we
agree to uphold this Code of Ethics and Conduct.
The residents of the City of Santa Clarita are entitled to a fair, ethical and accountable local government
which has earned the public's full confidence for integrity. The City of Santa Clarita's strong desire to
fulfill this mission therefore requires that:
■ Public officials, both elected and appointed, and employees comply with both the letter and
spirit of the laws and policies affecting the operations of government
■ Public officials be independent, impartial and fair in their Judgment and actions
■ Public office be used for the public good, not for personal gain and
■ Public deliberations and processes be conducted openly, unless legally confidential, in an
atmosphere of respect and civility
For these reasons, the City of Santa Clarita has adopted this Code of Ethics and Conduct for elected
officials, and members of appointed boards, commissions, committees, and staff to assure public
confidence in the integrity of local government and its effective and fair operation.
II. Persons Governed by Policy
This policy shall govern all elected officials of the City, appointed officials of the City, Commissions of
the City, members of City committees, and employees of the City, whether- serving for compensation or no
compensation ("Covered Persons"). These persons are also guided by policies, principles and guidelines
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established by the City and various organizations
1. Inte<„rity/Honesty
Covered persons will be honest with fellow officials, the public and others. Covered persons shall be
prepared to make unpopular decisions when the public's interest requires it Additionally, covered
persons shall take responsibility for their actions and disclose suspected instances of corruption to the
appropriate authorities.
2. Accountability/Responsibilih_
Covered persons shall hold a high standard and be accountable to the public, stakeholders, and other
institutions. Such persons are required to be an agent of the democratic process, thus receive input,
explain actions, accept results of the body's decisions, and engage in continuous improvement.
Covered persons are prudent stewards of public resources and actively consider the impact of their
decisions on the financial and social stability of the City and its residents.
3. Respect
Covered persons shall treat fellow officials, staff and the public with courtesy and civility, even when
there is disagreement on what is best for the community. Covered persons shall actively listen, ask
questions, seek diverse opinions and participate in added value discussion for the purpose of consensus
building, and make decisions and recommendations based upon research and facts involving staff and
stakeholders, taking into consideration short and long-term goals Furthermore, covered persons shall
support a positive work environment for City staff and others who serve the City.
4. Fairness
Covered persons shall be impartial when making decisions, avoiding the temptation to favoi those who
have supported the covered person and disfavor those who have not. They shall support the public's
right to know and will promote their meaningful participation in the conduct of the public's business
Furtheim-iore, covered persons shall treat all persons, claims, and transactions in a fair and equitable
manner, and male decisions based on the merits of the issue, with attention to due process
5. Comply with the Law
Covered persons shall comply with the laws of the Nation, the State of California, and City in the
perfonnance of their- public duties. These laws include, but are not limited to: the United States and
California Constitutions; United States and California codes, regulations, interpretive administrative
findings and relevant case law, City ordinances, and City personnel guidelines and philosophies.
These laws include, but are not limited to, topics relating to ethics and conduct, including conflicts of
interest, financial disclosure regulations, and campaign finance contribution limitations and reporting
requirements. Additionally, certain City professionals are guided by particular rules regarding ethics
provided by their professional organizations,
6. Act in the Public Interest
Recognizing that stewaidship of the public interest must be then primary concern, covered persons
will work fon- the common good of the people of the City and not any private or personal interest, and
they will assure fair and equal treatment of all persons, claims, and transactions coming before the
City, including the City Council, boards, commissions, and committees.
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7. Conflict of Interest
In order to assure then independence and impartiality on behalf of the common good, covered persons
shall not use their official positions to influence govermnent decisions in which they have a material
financial interest of personal relationship which may give the appearance of a conflict of interest. In
accordance with the law, covered persons shall disclose investments, interests in real property, sources
of income, and gifts, and they shall abstain f -om participating in deliberations and decisions -malting
where conflicts may exist. (See California Government Code §§ 1090 et seq., 81000 et seq., 82000 et
seq,, 87100 et seg.; 87407, California Health & Safety Code §§ 33130 et seq.; California Penal Code
§68; 2 Code of California Regulations §§ 18700 et seq.)
8. Regulations Regardint, Personal Advantages and Perquisites
Covered persons shall comply with the requirements of the United States and California Constitutions,
United States and California codes, regulations, interpretive administrative findings and relevant case
law, relating to the acceptance and reporting of gifts, loans, and other possible perquisites of office.
(See California Constitution, Art. XII, § 7; Gov. Code §§ 3204, 8314, 36501 et seq., 82000 et seq.,
87200 et seq., 87400 et seq,; 89001, 89500 et seg.; Pen Code § 424 ei seq ; 2 Code of Cal. Regs. §§
18700 et seq., 18930 et seq.)
9. Confidential Information
Covered persons shall respect the confidentiality of information concerning City property, personnel or
proceedings of the City. They shall neither disclose confidential information without proper legal
authorization, nor use such information to advance their personal interests. (See Gov. Code §§54963,
82000 et seg.)
10. Use of Public Resources
Covered persons shall not use public resources not available to the public in general, such as City staff,
time, equipment, supplies or facilities, for private gain. Covered persons shall not utilize the City's
name or logo for the purpose of endorsing any political candidate. (See Gov. Code §§ 3204, 8314,
89001, 89500 et seq , Pen. Code § 424 et seq.; 2 Code of Cal. Regs. §§ 18901.)
11. Representation of Private interests
In keeping with their role as stewards of the public interest, members of Council shall not appear on
behalf of the private interests of third parties before the Council or any board, commission, committee,
or proceeding of the City, nor shall members of boards, commissions and committees appear before
their own bodies or before the Council on behalf of the private interests of third parties related to the
areas of service of their bodies.
12. Advocacy
Covered persons shall represent the official policies or positions of the City Council, board,
commission, or committee to the best of their ability. When presenting their- individual opinions and
positions, covered persons shall explicitly state they do not represent their body or the City of Santa
Clarita, nor will they allow the inference that they do.
13. Governmental Transparency Laws
Covered persons are governed by relevant goverriment transparency laws, including, but not limited to,
the California Brown Act (Gov. Code §§ 54950 et seq and California Public Records Act (Gov. Code
§§ 6250 et seg.).
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14. Independence oi' Boards, Commissions, and Committees
Because of the value of the independent advice of boards, commissions, and committees to the public
decision-making process, members of Council shall refrain from using their positions to influence
unduly the deliberations of outcomes of board, commission, and committee proceedings.
15. Positive Work Place Environment
City Council Members, Commissioners and Committee Members shall support the maintenance of a
positive and constructive work place environment for City employees, for persons dealing with the
City, and for each other as well. These persons shall recognize their special role in dealings with City
employees and refrain fi•om creating the perception of inappropriate direction to staff.
16. Implementation
All covered persons should be familiar with this Code of Ethics and Conduct and embrace its
provisions. For this reason, ethical standards shall be included in orientations for City Council
Members, Commissioners, Committee Members, and newly appointed officials and staff.
Furthermore, copies of this Code of Ethics and Conduct shall be distributed at orientation sessions for
all new City elected and appointed officials, and employees
17. Compliance
The Santa Clarita Code of Ethics and Conduct expresses standards of ethical conduct expected for
covered persons, and the public can continue to have full confidence in the integrity of government
The City of Santa Clarita will continue to comply with state and federal laws, and will continue
conducting necessary trainings as mandated by the state and nation.
Any violations of applicable laws as referred to in this Code of Ethics and Conduct, which include, but are not
limited to, violations of the United States and California Constitutions; United States and California codes,
regulations, interpretive administrative findings and relevant case law, may be reported to the appropriate
governing agencies. Contact information for relevant agencies is as follows.
City of Santa Clarita City Council
Any person who believes that a City official (i.e. City Council Membei or City Manager) has violated this
Code of Ethics and Conduct shall report the allegation to the City Council.
23920 Valencia Blvd, Suite 300
Santa Clarita, California 91355
Phone: (661) 255-4395
Fax: (661) 259-8125
City of Santa Clarita City N4anager's Office
Any person who believes that City staff has violated this Code of' Ethics and Conduct shall report the
allegation to the City Manager.
Ken Pulskan-ip, City Manager, Suite 300
23920 Valencia Blvd
Santa Clarita, California 91355
Phone: (661) 255-4905
Fax. (661) 259-8125
kpulskampna,santa-Clarita corn
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City of Santa Clarita City Attorney's Office
The City Attorney's Office will investigate all claims of violations of the Code of Ethics and Conduct, as
directed by the City Council and the City Manager.
Carl Newton, City Attorney, Suite 300
239200 Valencia Blvd
Santa Clarita, California 91355
Phone: (661) 255-4315
Los Angeles District Attorney's Office Public Integity Division
The District Attorney's Public Integrity Division ensures that public and appointed officials will carry out their
duties in a lawful, ethical and professional manner. The district Attorney's Public Integrity division ensures
that public and appointed officials- and their subordinates- fulfill their legally mandated duties.
320 West Temple St., Rm. 766
Los Angeles, CA. 90012
Phone: (213) 974-6501
http://da co.la.ca.us/pid.htm
Attorney General's Office California Department of Justice
The Attorney General's Office provides leadership, information and education in partnership with state and
local governments to enforce and apply all the laws fairly and impartially.
Attn: Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550
Phone: (916) 322-3360 or (800) 952-5225
Fax: (916) 323-5341
http.//ag.ca.gov/
California Fair Political Practices Commission (FPPC)
The Fair Political Practices Commission is to promote the integrity of the state & local government in
California through fair, impartial interpretation and enforcement of political campaign lobbying, and conflict
of interest laws.
428 J Street, Suite 620
Sacramento, CA 95814
Phone: 1-866-ASK-FPPC
http://www.fi)pc.ca.gov/
Federal Election Commission (FEC)
The Federal Election Commission administers and enforces the Federal Election Campaign Act (FECA) - the
statute that governs the finance of federal elections. The duty of the FEC is to disclose campaigns finance
information, and to enforce the provisions of the law in respect to limits and prohibition of campaign
contributions.
999 E. Street, NW
Washington, DC 20463
Phone. (202) 694-1000 or (800) 424-9530
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U S Department of Justlee (DO.f)
The Department of'.)ustrcc enforces and clef ends the interests of the U.S accorcling to the lav ; to ensure public
safety against threats foreign and domestic; to provide federal leadership in pi eventing and controlling crime;
to seek Just punishment for those guilty of'unlawful behavior, and to ensure fair and impartial administration
of' justice for all Americans
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Phone. 202-514-2000
askDOJnahisdoi gov
EXCEPTION
There are no exceptions to the above stated guidelines without City Council approval.
AUTHORITY
By order- of the City Council.
Kenneth R. Pulskamp, Cr
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