HomeMy Public PortalAbout08) 7G Rules of Order & ProtocolDATE: May 8, 2012
AGENDA
ITEM 7.G.
MANAGEMENT SERVICES DEPARTMENT
TO: The Honorable City Council
FROM: Eric S. Vail, City Attorney
MEMORANDUM
SUBJECT: RULES OF ORDER AND PROTOCOLS
RECOMMENDATION:
The City Council is requested to adopt Resolution No. 12-4819, approving amended
Rules of Order and Protocols.
BACKGROUND:
1. On November 16, 2010, the City Council conducted a noticed meeting and adopted
Resolution 10-4695 confirming its previous Rules of Order, but also adding new
"Protocols" governing the expected ethical conduct of City Councilmembers,
Commissioners, and Board members. The City Council has long utilized rules of
order to organize and run its meetings and those of its boards and commissions.
2. On April 12, 2012, in accordance with the best practice of periodically reviewing the
Rules of Order and Protocols, the City Council conducted a noticed public review of
these documents. As a result of that review, the Council determined that it was in
the best interest of the City and its citizens to amend certain sections of the Rules of
Order and Protocols, and instructed the City Attorney's Office to prepare the
necessary resolution.
ANALYSIS:
The City Council previously indicated that it wanted the City Attorney's Office to provide
mandatory training for all commissioners with regard to the Rules of Order and
Protocols.
Proposed Resolution 12-4819 includes amended Rules of Order as Exhibit "A" and
amended Protocols as Exhibit "B". Only specific sections of each document was
amended. Below is a summary of the changes made to each document at the direction
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City Council
May 15, 2012
Page 2
of the City Council.
Rules of Order.
SECTION 11. AGENDA
Individual Councilmembers may place an item on the Agenda by contacting the City
Manager the Mondav before the Aaenda deadline. The City Manager will make every
effort to place the item on the next succeeding Agenda. However, should the City
Manager determine the Agenda Item would require significant staff resources or be
received late in the agenda process, the City Manager rRay e!eGt teshall place the item
on the Agenda within thirtv (30) days of the meetina next followina, as an "Informational
and Directional" item to ascertain if the City Council concurs with the allocation of staff
resources or to provide sufficient time to research the agenda item and present said
research to the Council.
Protocols:
6.0 Efficiencv and Accountability
c) Orders and Direction to Emplovees,. Only the City Manager may give orders and
direction to City employees. Members may not direct the work or actions of City
employees.
(i) Requests for Information. All Members will direct requests for information,
research, or reports enitemsto the City Manager and aoclicable
Department Head or their desianee. and not to City Employees. If there is
a legal question it should be directed to the City Attorney. Questions
regarding elections and disclosure statements may be addressed to the
City Clerk.
(ii) Responses. Responses to Member substantive information inquiries will
be provided to all Members of the same category (e.g. a response to a
request by a Coundimember will be provided to all Councilmembers).
d) IA.1erU f„r Outsi eStaff Liaisons to Citv Commissions 1 Committees and Outside
A_aencies. Members serving as the City's representative to a Citv Commission or
Committee or to an outside agency may interact directly with the City employee
assigned to that effort by the City Manager.
CONCLUSION:
Proposed Resolution 12-4819 and the attached Rules of Order and Protocols include
the changes directed by the City Council.
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City Council
May 15, 2012
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FISCAL IMPACT
Minimal fiscal impact is expected as a result of adoption or implementation of the
Resolution 12-4819. The only anticipated cost would be to copy the documents and
provide them to City Councilmembers, Commissioners and Board members. Training
on the Rules of Order and Protocols would be provided by the City Attorney's Office.
ATTACHMENT(Sj
A. Resolution 12-4819.
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Attachment A
RESOLUTION NO. 10-4695
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY ADOPTING RULES OF ORDER AND
PROTOCOLS
WHEREAS, Section 603(H) of the City Charter of the City of Temple City provides:
"The City Council may establish rules for the conduct of its proceedings, including,
but not limited to, provision for the punishment of any person who engages in
disorderly conduct at a City Council meeting;" and
WHEREAS, the City Council finds and determines that it is common practice in
this and other cities to adopt routine rules of order and protocols; and
WHEREAS, these Rules of Order and Protocols will apply to the City Council, all
Commissions and Boards; and
WHEREAS, the City Council further finds and declares that such procedures are
advantageous and expedite meetings and sustain openness, fairness and ethical
decision making; and
WHEREAS, the City Council further finds and determines that each
Councilmember, Commissioner, or Boardmember shall subscribe to these Rules of Order
herein set forth, and the Protocols attached hereto as Exhibit "A".
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. REGULAR MEETINGS
Regular meetings shall be held at the location and at the time indicated by
Ordinance unless a change in meeting date or time is authorized by the City Council;
once convened, such meeting may be adjourned to another location within the City if
unusually large crowds or other circumstances warrant.
A. Adjourned Meetings
All meetings may be adjourned to a time, place and date certain, but not
beyond the next regular meeting. Once adjourned, the meeting may not be
reconvened. Only matters listed on the Agenda may be discussed or
decided.
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(b) All members of the City Council and its Commissions and Boards shall
execute a statement, provided to them by the City Clerk, certifying that they have
received and reviewed the Rules of Order and the Protocols.
(c) In the case of a Commission or Board, the term "Chairperson" shall be
substituted for Mayor and the name of the Commission or Board shall be substituted for
City Council or Council.
SECTION 4. CLERK'S CERTIFICATION
The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temple City at
a meeting held on the 15th day of May, 2012.
ATTEST:
Deputy City Clerk
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Mayor
APPROVED AS TO FORM:
City Attorney
CLERK'S CERTIFICATION
hereby certify that the foregoing resolution, Resolution No. 12-4819 was duly
passed, approved and adopted by the City Council of the City of Temple City at a regular
meeting held on the 15th day of May, 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Deputy City Clerk
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EXHIBIT "A"
RULES OF ORDER
EXHIBIT "A
RULES OF ORDER
[SIV 44844-6107-&031 vl - 4 -
CITY OF TEMPLE CITY
RULES OF ORDER
FOR
CITY COUNCIL AND CITY COMMISSION MEETINGS
SECTION 1. REGULAR MEETINGS
Regular meetings shall be held at the location and at the time indicated by
Ordinance unless a change in meeting date or time is authorized by the City Council;
once convened, such meeting may be adjourned to another location within the City if
unusually large crowds or other circumstances warrant.
A. Adjourned Meetings
All meetings may be adjourned to a time, place and date certain, but not
beyond the next regular meeting. Once adjourned, the meeting may not be
reconvened. Only matters listed on the Agenda may be discussed or
decided.
B. Special Meetings
Special meetings may be called by the Mayor or majority of members of the
Council on 24-hour notice, as set forth in Government Code 54950 et seq.
(commonly known as the Ralph M. Brown Act — hereinafter the Brown Act).
Only matters contained in the notice may be considered.
C. All meetings are open to the public except certain "personnel", litigation
matters or real estate negotiations, or as otherwise prescribed by the Brown
Act; closed sessions may be held only during a duly called meeting of the
City Council.
SECTION 2. NOTICE
Notice of all regular, special and adjourned meetings must be provided and posted
in accordance with the Brown Act. Seventy-two hours` notice is required for regular
meetings; 24 hour notice for special meetings.
SECTION 3. QUORUM
Pursuant to Section 603(E) of the City Charter, three (3) members of the City
Council shall constitute a quorum of the City Council. Motions may be passed 2-1 if only
3 attend, but resolutions, orders for the payment of money, and all ordinances require a
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recorded majority vote of the total membership of the City Council (Government Code
Section 36936).
SECTION 3(A). VOTING
Unless disqualified (as defined in Section 313(2)), Members of the City Council are
entitled to exercise their right to cast their vote on items of business brought before the
Council. There are two common methods of voting. The City Council hereby determines
to use the following methods in the order presented, unless a certain method is required
by law or demanded by any member of the City Council:
(1) No Objection/Unanimous Consent: A properly offered and seconded motion
may be passed by Unanimous Consent of the members. The Mayor shall
declare a motion, duly made and seconded, is before the City Council. The
Mayor shall then declare there being no objection, the motion is adopted by
unanimous consent. Any motion adopted by this method shall be considered
a recorded unanimous approval of the motion in the minutes by the City
Clerk.
(2) Roll Call: Any member of the City Council may demand any motion be voted
upon by roll call vote. Upon such demand, the Mayor shall request the City
Clerk conduct a roll call, with each member of the City Council declaring yea,
nay, or abstain. Upon conclusion of the roll call, the City Clerk shall declare
the results of the roll call. It shall not be in order for members to explain their
vote before the next order of business.
SECTION 3(B). FAILURE TO VOTE, DISQUALIFICATION, AND APPEAL OF
CHAIR'S RULING
(1) Failure to vote: Every member should vote unless disqualified for cause
accepted by vote of the Council or by opinion of the City Attorney. Self -
disqualification, with approval, which results in a tie vote should be avoided
as thwarting Council action, but no member can be forced to vote.
a. The abstainer, in effect, "consents" that a majority of the
quorum may act for him/her.
b. Tie votes are "lost motions" and may be reconsidered later.
(2) Disqualification: Where a Councilmember suffers a conflict of interest, bias,
or predetermination, such member shall state the nature of the
disqualification, leave the dais and the Council chamber and, his vote or
lack of it shall not be considered, nor shall he be counted toward a quorum.
(3) Appeal: Any decision or ruling of the Mayor may be appealed by request of
any member. The Mayor shall call for a roll call to see if the Mayor shall be
upheld. If the roll call loses, the Mayor is reversed.
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SECTION 4. CORRECT LEGAL DOCUMENT
Upon occasion, ordinances or resolutions are submitted in longhand or in draft
form with on -the -spot amendments. These preliminary papers may be re -typed in final
form; such re -draft, when signed and attested, becomes the original and proper document
to be retained in the files.
SECTION 5. THE MINUTES
Minutes are the concern of the City Clerk or Secretary until presented to the
Council, Commission or Board for approval. The Council, Commission or Board may
then, by motion, make such corrections as conform to fact.
A. The minutes shall include the date, hour and place of the meeting; whether
it is a regular, adjourned regular or special meeting; the names of the
Councilmembers and staff present and absent; and any action taken by the
City Council.
B. If any Councilmember arrives late or departs before the adjournment, the
minutes shall reflect his or her arrival or departure time.
C. The minutes should be a clear and concise statement of the actions taken
at the Council meeting, including the motions made and the vote thereon.
D. Whenever the Council acts in a quasi-judicial proceeding such as
assessment or zoning matters, it is necessary to compile a complete
summary of the witnesses.
SECTION 6. ACTIONS
(1) Motions: Any Councilmember may initiate an item for formal consideration
by the City Council through the making of a motion. An individual
Councilmember may make an independent motion, may make a motion to
implement staff recommendation, or may request assistance from the City
Manager or City Attorney as to the form of a proposed motion. Upon
making of the motion, a second Councilmember may second the motion. A
duly offered and seconded motion shall be restated by the Mayor, City
Manager, or City Attorney. Unless withdrawn, the City Council shall vote
upon the motion, as provided in Section 3(A).
(2) Resolutions: A resolution is a formal document that records an action of the
City Council. Resolutions are considered by the City Council upon motion
and proper second. Resolutions are sometimes required by law or may be
recommended by the City Manager or City Attorney to record an action of
the City Council which is considered of particular importance.
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(3) Ordinances: Ordinances are the vehicle used by the City Council to repeal
or amend existing law, as codified in the Temple City Municipal Code, or to
enact new law. In accordance with Section 606 of the City Charter and the
California Government Code, ordinances are considered by the City
Council in a two-step process. Unless determined to be an item of Urgency
by a four-fifths vote of the City Council, ordinances are introduced by the
City Council at one meeting and then approved and adopted at a
subsequent meeting. Thirty days after adoption, the ordinance becomes
effective.
(a) Any ordinance may be read at both first and second
read ingladoption "by title only", if reading in full is waived by majority
vote.
(b) The motion to introduce or adopt the ordinance on reading by title
only may be adopted by Unanimous Consent. Any member may
demand a roll call vote and a majority vote is required, otherwise the
motion fails and the ordinance must be read in full.
(c) No changes except clerical corrections are allowed after first reading
or the ordinance returns for introduction and first reading.
(d) Adoption (which may occur only once five days have elapsed since
first reading)
L Either must be read in full or Unanimous Consent procedure
to be read "by title only."
ii. The City Clerk reads title, then City Council votes on a motion
to read by title only. Roll call, if demanded.
iii. if the motion to read, by title only, passes, the ordinance is
ready for adoption, otherwise must be read in full.
iv. While Unanimous Consent procedure is legally sufficient, the
roll call procedure to adopt is recommended. Each ordinance
should be passed only by this double motion method: a
combination motion to "adopt by reading title only" is
dangerous in that if the Council splits, the passage may be
defective.
(e) Effective date
All ordinances, except as provided in Section 36937 of the
Government Code (Urgency Ordinances), shall become effective
thirty days after adoption or upon such later date as may be
designated in the ordinance.
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(f) Publishing
It is the duty of the City Clerk to publish or post the ordinance as set
forth in Section 36933 of the Government Code within fifteen days
after adoption; failure to do so may invalidate the ordinance.
(g) Urgency Ordinances
If any Urgency Ordinance fails to receive an affirmative vote of 4/5ths
of the members, such ordinance shall be as if it had not been read
as an emergency enactment. Urgency ordinances must pass by a
415ths vote, and must be published and become effective
immediately. Emergency ordinances may be declared void by the
Courts if no true urgency existed.
(4) The right of a member to address the Council on a question of personal
privilege shall be limited to cases in which his integrity, character, or
motives are questioned, or to where the welfare of the Council is concerned
may interrupt another speaker if the Mayor recognizes the privilege.
SECTION 6(A). RECONSIDERATION
Any member who voted with the majority may move a reconsideration of any
action at the same (or "have entered on the minutes" for vote at the next
succeeding meeting), providing no legal rights have intervened to create an
estoppel. After a motion for reconsideration has once been acted upon, no other
motion for a reconsideration thereof shall be made without unanimous consent.
SECTION 7. PRECEDENCE OF MOTIONS
A. Processing of Motions
When a motion is made and seconded, it shall be stated by the Mayor/Chair
before debate. A motion may not be withdrawn by the mover without
consent of the member seconding it and the approval of the Council.
1. Motions out of order
The Mayor may, at any time by Unanimous Consent, permit a
member to introduce an ordinance, resolution, or motion out of the
regular agenda order.
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2. Division of question
If the question contains two or more divisible propositions, the Mayor
may, and upon request of a member shall, divide the question and
require a vote on each portion of the question.
B. Precedence of Motions
When a motion is before the Council, no motion shall be entertained except:
to adjourn
to fix hour of adjournment
to lay on the table
for the previous question
to postpone to a certain day
to refer
to amend
to postpone indefinitely
These motions shall have precedence in the order indicated.
Motion to adjourn (not debatable)
A motion to adjourn shall be in order at any time, except as follows:
a. when repeated without intervening business or discussion
b. when made as an interruption of a member while speaking
C. when the previous question has been ordered
d. while a vote is being taken
A motion to adjourn "to another time" is debatable only as to the time
to which the meeting is adjourned.
2. Motion to fix hour of adjournment
Purpose is to set a definite time at which to adjourn. Undebatable
and unamendable except as to time set.
3. Motion to table
Purpose is to temporarily by-pass the subject. A motion to lay on the
table is undebatable and shall preclude all amendments or debate of
the subject under consideration. If the motion shall prevail, the
matter may be "taken from the table" at any time prior to the end of
the next regular meeting.
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4. Motion for previous question
Purpose is to close debate on main motion. Undebatable. Just
indicating "question" does not accomplish the same thing. If motion
fails, debate is reopened; if motion passes, then vote on the main
motion is in order.
5. Motion to amend (debatable only as to amendment)
A motion to amend an amendment is in order, but one to amend an
amendment to an amendment is not. An amendment modifying the
intention of a motion is in order, but an amendment relating to a
different matter shall not be in order. A substitute motion on the
same subject is acceptable. Amendments are voted first, then the
main motion is amended.
6. Motion to postpone
A motion to postpone indefinitely is fully debatable and if the same is
adopted, the principal question shall be declared lost. Motions to
postpone to a definite time are amendable and debatable as to
propriety of postponement and time set. Motions to refer are
similarly not debatable, except to the propriety of referring.
7. Withdrawing a motion
A motion may be withdrawn if the motion has not been stated by the
Mayor/Chair. A withdrawn motion does not appear in the minutes.
Once a motion has been stated by the Mayor/Chair, it can be
withdrawn only by Unanimous Consent or by a majority Roll Call
vote.
SECTION 8. CONDUCT OF PUBLIC HEARING
A. Hearing: Mayor opens audience participation portion of public hearing.
B. Evidence: The parties concerned, at this point, must be prepared to submit
all evidence pertinent to their position. However, in order to save time,
anyone may refer to previous testimony or to documents previously filed, as
all of the records, exhibits, and minutes of other meetings are before each
member, all of which is part of the record.
Each speaker is required to abstain from irrelevant testimony, repetition,
excessive hearsay, indulging in personalities or making statements not
recorded by the secretary.
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All parties are reminded to restrict their remarks to matters relevant to the
pertinent portions of the Municipal Code.
C. Witnesses: Each person who desires to speak must first be recognized by
the Mayor. Upon receiving recognition, the speaker shall give his or her
name and address for the record.
D. Format of hearing: The applicant will be given the opportunity to present his
or her case first.
The opponents will then be permitted to present their case.
The applicant will then be allowed to present rebuttal (not supplemental)
evidence.
E. Petitions - Letters: Evidence in administrative hearings may not be read
unless the writer is present for cross-examination or unless the other side
consents.
F. Close of hearing: Mayor will call the public hearing to be closed. After the
close of the hearing, the Mayor will ask for a motion disposing of the matter.
SECTION 9. EX -OFFICIO MEMBERS
Ex -officio members have all of the rights of any other member, but none of
the obligations. They are not counted in quorum, but must be notified of all
meetings.
SECTION 10. ADDRESSING THE CITY COUNCIL
A. Public comment
Any person may address the City Council regarding any matter with which
they are concerned. Comments on issues already on the agenda should be
saved until that item is being discussed. All other comments regarding
issues not on the agenda should be made during Oral Communications.
While the purview of the City Council is broad, members of the public
should make remarks or comments only on items within the jurisdiction of
the City Council. Remarks not within the scope of the City Council's
authority shall be ruled out of order by the Mayor.
B. Each person addressing the City Council 1) should speak into the
microphone at the speakers' podium; 2) should state his or her name and
address; 3) shall limit the address to five minutes unless additional time is
granted by the Mayor; 4) no person other than the City Council and the
person having the floor shall be permitted to discuss any matter either
directly or through a member of the City Council without permission of the
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Mayor/Chair; and 5) shall address all remarks to the City Council as a body,
not to any individual member or to the audience.
C. No action may be taken on any matter which is not listed on the Agenda.
D. When an identifiable group of persons wishes to address the City Council,
on the same agenda item, the Mayor shall have the discretion to request
that a spokesperson be chosen by the group to address the City Council. If
additional issues are to be presented on the subject by any other member
of such group, the Mayor may limit the number of persons and the time
period for speaking to the City Council, to avoid unnecessary repetition of
issues.
E. Any person making personal, impertinent or slanderous remarks, or who
becomes unruly while addressing the City Council, shall be barred from
further speaking at said meeting before the City Council and may be
ejected if his or her conduct disrupts the meetings.
SECTION 11. AGENDA
The Brown Act requires that no action may be taken at any time unless on a
printed and posted Agenda containing sufficient Information to apprise a reasonable
person of the scope of any proposed action.
Individual Councilmembers may place an item on the Agenda by contacting the
City Manager the Monday before the Agenda deadline. The City Manager will make
every effort to place the item on the next succeeding Agenda. However, should the City
Manager determine the Agenda item would require significant staff resources or be
received late in the agenda process, the City Manager shall place the item on the Agenda
within thirty (30) days of the meeting next following, as an "Informational and Directional"
item to ascertain if the City Council concurs with the allocation of staff resources or to
provide sufficient time to research the Agenda item and present said research to the
Council.
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EXHIBIT "B"
PROTOCOLS
*:1:11.3km•-u
PROTOCOLS
CITY OF TEMPLE CITY
CITY COUNCIL AND COMMISSIONER
November 17, 2010
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Table of Contents
1.0
Preamble..............................................................................................................1
2.0
Setting a Higher Standard within the Existing Framework...................................1
3.0
Openness.............................................................................................................1
3.1 Public Meetings.........................................................................................1
3.2 Council Communications & Serial Meetings..............................................1
3.3 Closed Session Discussions.....................................................................1
3.4 Closed Session Materials..........................................................................2
4.0
Fairness of Process.............................................................................................2
4.1 Decisions on the Merits.............................................................................2
4.2 Meetings with Applicants & Interested Persons.........................................2
4.3 Disclose Information..................................................................................2
4.4 Consider All Sides.....................................................................................2
4.5 Decorum....................................................................................................2
4.6 Attentiveness.............................................................................................3
5.0
Ethical Decision Making.......................................................................................3
5.1 Avoiding the Appearance of Impropriety...................................................3
5.1.1 Make Ethical Decisions...................................................................3
5.1.2 You May Need to Refrain From Participating.................................3
5.1.3 Smell Test.......................................................................................3
5.1.4 Get Help.........................................................................................3
5.2 Ethical Principles to Follow........................................................................3
5.2.1 Be A Good Steward........................................................................3
5.2.2 The Common Good........................................................................3
5.2.3 Fairness and Equity........................................................................3
5.2.4 Impartiality......................................................................................3
5.2.5 Avoid Personal Interests.................................................................3
5.2.6 No Personal Gain...........................................................................4
5.2.7 City Stationery ................................................................................4
5.2.8 Appearing before Council...............................................................4
5.2.9 Gifts................................................................................................4
5.2.10 Campaign Contributions.................................................................4
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6.0 Efficiency and Accountability................................................................................4
6.1 Members Should Not Interfere with Operations.........................................4
6.1.1 Basic Noninterference Rule: ........................................................... 4
6.1.2 Implementing this Rule: .................................................................. 4
6.2 Interaction of Members..............................................................................6
6.2.1 Positions of Mayor and Chairman...................................................6
6.2.2 At Public Meetings..........................................................................6
6.2.3 Relations with Fellow Members......................................................7
6.2.4 Public Communication and Appearance.........................................7
7.0 Enforcement.........................................................................................................8
7.1 Member Responsibility..............................................................................8
7.2 Council Authority.......................................................................................8
7.2.1 Training and Education...................................................................8
7.2.2 Councilmembers.............................................................................8
7.3 Violation of Oath of Office..........................................................................8
7.3.1 Oath of Office.................................................................................8
7.4 Violation of Protocols.................................................................................9
7.4.1 Complaint.......................................................................................9
7.4.2 Investigation...................................................................................9
7.4.3 Enforcement...................................................................................9
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1.0 Preamble
The Council declares that citizens of Temple City are entitled to have fair, open, ethical,
efficient and accountable local government and that City officials should continually strive
to earn the public's confidence. Toward that end, these Protocols establish higher
standards of conduct for members of the City Council and members of City boards and
commissions (collectively "Members") than are currently required under the laws of the
State of California.
The Members pledge to hold themselves and each other Member responsible for
observing the standards set forth in these Protocols, and to enforce these Protocols when
necessary to preserve the integrity of City government or the public's image of the City.
2.0 Settinq a Hiqher Standard within the Existinq Framework
By adopting these Protocols, the Council intends to supplement and not to supersede
California's existing legal framework applicable to local governments. Similarly, the
Council intends that these Protocols will not merely restate existing legal obligations, but
will establish a higher standard of conduct for Members in the governance of the City.
Members are referred to Appendix "A" (Legal Framework & Resources) for pertinent
resources. Members are expected to be familiar with and to seek guidance about the
applicability of the legal framework.
3.0 Openness
Openness or transparency in decision making is of the utmost importance in maintaining
ethical, representative local governance. Toward that end, Members will adhere to the
following standards:
3.1 Public Meetinas. Members will make it a priority to hold public meetings in
accordance with the Ralph M. Brown Act. Members will seek guidance from the
City Attorney as to the accepted interpretation of Brown Act requirements and will
apply those provisions conservatively in favor of the public's right to participate in
public decisions.
3.2 Council Communications & Serial Meetinas. Communications between Members
will be conducted in accordance with the Ralph M. Brown Act. Members will not
engage in "serial meetings" with colleagues — a discussion of City issues among
a majority of Councilmembers or Commissioners either collectively (i.e. all
meeting together) or in a sequence (A talks to B who talks to C). Members will
not use other persons as intermediaries to accomplish a serial meeting or to
circumvent the Ralph M. Brown Act.
3.3 Closed Session Discussions. As part of a properly agendized meeting, Members
may only hold sessions closed to the public, at advisement of the City Attorney,
in accordance with the commonly accepted interpretation of Brown Act
requirements. Discussions held in closed session are to be directly limited to the
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matter at hand. Such discussions, along with materials reviewed, are
conridential and shall not be disclosed except as the City Attorney may
advise.
3.4 Closed Session Materials. Confidential materials provided in preparation for and
during closed sessions must be returned to the City Attorney at the conclusion of
the closed session.
4.0 Fairness of Process
Members will comply with the meeting and hearing procedures set forth by Council
Ordinance or Resolution. See (Council Resolution 10-4695). Additionally, in order to
cultivate an environment of fairness and to encourage public confidence in City decisions,
Members will adhere to the following standards of conduct:
4.1 Decisions on the Merits. Members will base their decisions on the facts and
merits of each matter, not upon personal or other biases, and will strive to make
decisions that are in the best interests of the community as a whole.
4.2 Meetinqs with Applicants & Interested Persons. Except as provided below, a
Member may meet and/or communicate with any person interested in a
Development Project (as defined below) at any time before or after the filing of an
application for the Development Project. All meetings and communications must
be in compliance with the Brown Act. After an application for an approval or
permit has been filed with the City relating to the Developer Project, Members
shall only meet and communicate with the project applicant and/or owners
(including their agents, representatives and contractors) with regard to the
Development Project as part of an agendized public meeting, as may otherwise
be directed by Council (e.g. an ad hoc committee), or in the presence of the City
Manager or his/her designee.
For the purpose of this Section, a "Development Project" shall mean only those
projects seeking or requiring a Specific Plan, Zone Change, Development
Agreement, Density Bonus, Subdivision Tract Map, or a Conditional Use Permit
for a sensitive use (i.e. adult business, massage parlor etc), or an industrial or
commercial use having a building area of 20,000 square feet or more.
4.3 Disclose Information. Prior to any deliberations on a project or matter at a public
meeting, Members shall publicly disclose information about the matter that they
have obtained from sources, not presented in the staff report (e.g. their own site
visit, from the public, from the applicant, etc.), which may influence their decision
or that of Members.
4.4 Consider All Sides. Members should consider the various viewpoints related to a
project or matter and afford project applicants and interested persons an
adequate opportunity to comment upon a project or matter before action is taken.
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However, redundant comments or abusive or uncivil conduct will not be
permitted.
4.5 Decorum. To ensure the fairness and integrity of the deliberative process, the
presiding officer will preserve decorum and conduct meetings in an orderly
manner. Members will remain attentive of the business at hand and conduct
themselves in a manner that is civil, polite and respectful. Members will refrain
from unnecessarily interrupting speakers and not engage in abusive conduct,
personal charges or verbal attacks upon the character or motives of other
Members, City staff and/or the public.
4.6 Attentiveness. Remain attentive at meetings. Do not make or receive phone
calls, text messages or e-mails from the dais. Place cell -phones and other
communication devices in "off' or "silent" mode. Refrain from side -bar
conversations with other Members while at the dais.
5.0 Ethical Decision Makinq
Members will observe the highest standards of ethical conduct in dealing with the
community and carrying out their official duties. In every action and decision, Members
should avoid even the appearance of impropriety and are strongly encouraged to
apply the guidelines for "Making Ethical Decisions" provided below:
5.1 Avoidina the ADDearance of Improprietv.
5.1.1 Make Ethical Decisions. Members are referred to Appendix "B"
(Guidelines for Making Ethical Decisions) for the process Members are
encouraged to utilize in making City related decisions.
5.1.2 You May Need to Refrain From Participating. Conflict-of-interest issues
are complex and opaque to the public. Some situations are not "legal"
conflicts of interest, but may nevertheless pose the "appearance of
impropriety" to the public. In such situations, the Member should not
participate in the matter.
5.1.3 Smell Test. Do an ethical "smell check" or "gut check" regarding the
matter. What is your conscience telling you?
5.1.4 Get Help. To assist in making a decision not to participate, Members
should consult the guidelines for Making Ethical Decisions (below), the
City Attorney or the FPPC helpline, and/or their constituents.
5.2 Ethical Principles to Follow.
5.2.1 Be A Good Steward. Good stewardship of the public's interest must be
the Member's primary concern.
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5.2.2 The Common Good. Members will work for the common good of the
citizens and not for any private gain, political advantage or personal
interest.
5.2.3 Fairness and Equity. Members will treat all members of the public and
issues before them in a fair and equitable manner.
5.2.4 Impartiality. Members will be independent of special interests and
impartial in decision making.
5.2.5 Avoid Personal Interests. Members are prohibited from using their
official positions to influence decisions in which they have a personal
financial interest, are members of an interested organization, or have a
personal relationship that would be affected.
5.2.6 No Personal Gain. Members shall not take advantage of, or use, public
property and equipment, public services, confidential public information,
public resources, or other opportunities afforded by their office, for
personal gain.
5.2.7 City Stationery. City letterhead or stationery or other City resources may
not be used by Members to promote personal interests.
5.2.8 Appearing before Council. Members shall not appear before the City
Council or other City board or commission representing any private
interest or community group. Members are permitted to speak as a
member of the public on any matter that affects them personally, but may
not participate in the matter as a Member.
5.2.9 Gifts. Members will refrain from accepting gifts, favors or promises of
future benefits that might compromise their independence, or the
appearance that they are independent and unbiased.
5.2.10 Campaign Contributions. Members have a right to receive campaign
contributions, as allowed by law, as part of running for elected office.
However, Members shall not participate in any City action (unless
participation is legally required) regarding any Contractor, Vendor or
Developer from whom the Member has received a campaign contribution of
$101 or more in the previous forty-eight (48) months.
For the purposes of this Section, "Contractor" and "Vendor" means any
person or entity who has an existing contract, agreement, or other
arrangement to provide the City with goods, services, or other items, or who
has an interest in or expectation of obtaining such a contract, agreement or
arrangement in the future. The terms "Contractor" and "Vendor" include
agents and representatives of the Contractor or Vendor, and where the
Contractor or Vendor is a business entity, includes all owners, principals,
shareholders, partners (whether general or limited), members, officers,
directors, and managers.
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For the purposes of this Section, "Developer" means any person or entity
who is currently seeking, or who has an interest in or expectation of seeking
from the City a Specific Plan, Zone Change, Development Agreement,
Density Bonus, Subdivision Tract Map, or a Conditional Use Permit for a
sensitive use (i.e. adult business, massage parlor, etc.), or an industrial or
commercial use having a building area of 20,000 square feet or more.
"Developer" includes agents and representatives of the Developer, and
where the Developer is an business entity, includes all owners, principals,
shareholders, partners (whether general or limited), members, officers,
directors, and managers.
6.0 Efficiency and Accountability
The City of Temple City operates under a council-manager form of government under
which the Council's role is to provide legislative direction, set City policy and monitor its
implementation. The City Manager serves as the City's administrative head and is
responsible for directing the day-to-day operations of the City and for administering all
City business.
6.1 Members Should Not Interfere with Operations.
6.1.1 Basic Noninterference Rule: The basic non-interference rule is stated in
Section 609 of the City Charter:
"No member of the city council shall interfere with the execution by the city manger of his
powers and duties; nor shall any councilman direct the city manger to appoint or remove
any officer or employee of the city. Except for the purpose of inquiry, no councilman shall
deal with the administrative services of city except by and through the city manager; nor
shall any councilman give any order or direction to any subordinate officer or employee of
city. This section shall not apply during period of disaster proclaimed by the governor or
city council, nor during such times as there shall be no council designed city manger
acting in that capacity."
6.1.2 Implementing this Rule:
a) Stav Out of Personnel Matters. Members will not interfere with the
appointment, evaluation, discipline, or removal by the City Manager
of any Department Head or employee of the City.
(i) Exception — City Attorney. The City Attorney is hired,
appointed, evaluated, and removed directly by the Council.
b) Comments about Citv Emdovees. Members may express concerns
about the behavior or work performance of City employees only
privately to the City Manager. Members may not reprimand or
criticize employees directly.
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c) Orders and Direction to Emvlovees. Only the City Manager may
give orders and direction to City employees. Members may not
direct the work or actions of City employees.
(i) Requests for Information. All Members will direct requests
for information, research, or reports to the City Manager and
applicable Department Head or their designee, and not to
City Employees. If there is a legal question it should be
directed to the City Attorney. Questions regarding elections
and disclosure statements may be addressed to the City
Clerk.
(ii) Responses. Responses to Member substantive information
inquiries will be provided to all Members of the same
category (e.g. a response to a request by a Councilmember
will be provided to all Councilmembers).
(iii) Notifications. Where the City Manager or Department Head
provides general facts or information about the City, a
program, or a City event to one Member, it should be
provided to all Members of the same category.
d) Staff Liaisons to Citv Commissions 1 Committees and Outside
Aaencies. Members serving as the City's representative to a City
Commission or Committee or to an outside agency may interact
directly with the City employee assigned to that effort by the City
Manager.
e) Operations and Service Levels. Criticisms of City operations and
service levels may be made only to the City Manager and not to
City employees or Department Heads, unless first cleared through
the City Manager or expressed in general during a regular Council,
board or commission meeting.
f) Political Solicitation & Activities. Members will not solicit political
support from City employees (e.g., financial contributions, display of
posters or lawn signs, name on support list, etc.). Members will not
engage in political activities at City Hall or other City facilities. This
provision is not intended to impair the free exercise of federal and
state constitutional and statutory rights by City employees.
6.2 Interaction of Members.
6.2.1 Positions of Mayor and Chairman.
a) Honorary Presiding Officer. The positions of Mayor and Mayor Pro
Tempore on the City Council (created under Section 601 of the
City's Charter) and the positions of chairman and vice chairman on
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City boards and commissions are generally considered honorary
and ceremonial, but also serve an important procedural role as the
presiding officer at meetings of their body. Persons appointed to
those positions by a majority of their council, board or commission
serve at the pleasure of their appointing body.
b) Maintain Order, Decorum & Procedure. The Mayor and Chairman
are responsible for maintaining order and decorum of their body's
meetings and enforcing the City's decorum rules where necessary.
They are responsible for the order of business at meetings, the
efficient flow of business during meetings, and for preserving the
right of the public to be heard in an orderly fashion.
c) Ceremonial Head. The Mayor is the ceremonial head of the City
and signs all proclamations, officiates at all City functions, and
welcomes visiting dignitaries.
d) Spokesperson. The Mayor is the official spokesperson for the City
and has the lead responsibility for communications with the press
and public on official City business. The Mayor will work on press
releases and statements to the press with the City Manager and will
report the majority position adopted by the Council, and not his or
her personal opinion on matters.
6.2.2 At Public Meetings
a) Follow Rules of Order, Decorum and Procedure. Members will
adhere to the rules of order, decorum and procedure for the
conduct of public meetings adopted by the City Council from time to
time. Abiding by these rules will maintain civility and the orderly
conduct of business.
b) Keep Conduct Professional. Members will conduct themselves in
an orderly, professional, and business -like manner to ensure that
the business of the City shall be attended to efficiently and
thoroughly.
c) Professional Attire. Members should wear professional and
business -like attire at public meetings. The Mayor or Chairman may
allow business casual attire during the summer or for special
events or occasions.
d) Keep Comments On -Topic. Public meetings are to attend to and
resolve City business. Members will avoid being overly repetitious
and will endeavor to limit their comments to the subject matter at
hand. Members are encouraged to fully express their views and to
explore the views of others, but Members should also be mindful of
avoiding lengthy or unproductive debates.
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e) Ask Questions in Advance. When preparing for public meetings,
Members are encouraged to provide their questions far enough in
advance to the City Manager or City employee responsible for the
meeting so that meaningful information and responses can be
shared at the meeting.
6.2.3 Relations with Fellow Members
a) Civility. Members should always practice civility. By doing so you
help the City to fulfill its potential by putting the common good
ahead of personal rivalries or irritations. Civility is best fostered by
a collective commitment to following established rules of procedure.
b) Team Spirit. Members will foster a collegiate or team oriented
environment among themselves.
c) Retreats. Goal Settina and Traininq. To encourage a strong
working relationship and communication, Members should have at
least one retreat, goal setting session, and/or group training
session each year.
d) Different Points of View. Members will exercise tolerance for the
different opinions, perspectives, and points of view of their
colleagues and will recognize their right to express these views on
matters of City business within the established rules of decorum
and order of business.
e) Manaaina Conflict. Members will manage disagreement with civility
and professionalism and will not allow disagreement to tura into
open conflict or hostility. Members will refrain from abusive
conduct, personal charges or verbal attacks upon the character or
motives of other Members, City employees and/or members of the
public.
6.2.4 Public Communication and Appearance
a) Personal versus Citv Positions. It is an important part of each
Member's responsibility to communicate with the public. In
communications regarding City business, it is important to
distinguish a Member's personal views and opinions and the
adopted City position. When appearing before another
governmental agency or organization, the Member should clearly
set forth the City's official position, and then may express their own
position.
(i) Expressing Dissent. Each Member has a right under the
First Amendment to express their views and opinions, even if
contrary to the official position of the City. However,
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Members will express their dissenting views with tact and
civility.
b) Use of Official Titles. Members may use their official title only when
conducting official City business, for informational purposes, or as
an indication of background and expertise, after having carefully
considered whether they are exceeding or appearing to exceed
their authority.
c) Response to Public Communication. Members are encouraged to
respond promptly to letters, telephone calls and other
communications received from member of the Public who have
requested a response. Members are not required to respond to
commercial solicitations or to anonymous, obnoxious or harassing
communications.
7.0 Enforcement
7.1 Member Responsibilitv. Upon assuming office each Member shall sign a
statement affirming that they have been provided with and will read these
Protocols. Each Member is responsible for adhering to these Protocols as well
as the laws that comprise the basic legal framework for local government
discussed in the first part of the Protocols.
7.2 Council Authoritv. The City Council has authority, but not the legal obligation, to
monitor each Member's adherence to these Protocols and to take corrective
action for violations, as provided below.
7.2.1 Training and Education. The City Council will sponsor periodic training
opportunities for Members to become more familiar with the Protocols and
the legal framework (See Appendix "A").
7.2.2 Councilmembers. Under California law, the Council does not have the
legal authority to remove Members elected or appointed to the City
Council or to otherwise deprive them of their office. However, as provided
in Section 7.4, a majority of the Councilmembers may remove a
Councilmember from all Council honorary and/or ceremonial positions and
ad-hoc and standing committees, as well as from positions with other
governmental agencies or other organizations they hold by virtue of
appointment by the City Council.
7.3 Violation of Oath of Office.
7.3.1 Oath of Office. All Members take an oath upon assuming office, pledging
to uphold the constitution and laws of the City, the State and the Federal
government. In addition, Members commit to disclosing to the appropriate
authorities and/or to the City Council any behavior or activity that may
qualify as corruption, abuse, fraud, bribery or other violation of the law.
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7.4 Violation of Protocols.
7.4.1 Complaint. Where any Member, Councilmember, City employee, or
resident of the City has substantial evidence that a Member has materially
violated these Protocols or their Oath of Office, they may file a written
statement with the City Clerk who will then provide it to the City Manager
and City Attorney and the affected Member. The name of the
complainant shall initially be redacted and kept confidential and not
disclosed until it has been determined as provided in Section 7.4.2 that
there is substantial evidence that the Member has materially violated the
Protocols.
7.4.2 Investigation. Upon receipt of a Complaint as provided in Section 7.4.1,
or upon the direction of the City Council, the City Manager and City
Attorney shall investigate and report, within not more than thirty (30) days,
as to whether there is substantial evidence in support of an allegation
that a Member has materially violated these Protocols or the Oath of
Office. If the City Manger and City Attorney conclude that there is not
substantial evidence to support an alleged violation or that the violation
was not material they shall so report to the Council and the matter shall be
deemed dismissed unless the Council directs that a public meeting be
held pursuant to Section 7.4.3. If the City Manager and City Attorney
conclude that there is substantial evidence to support an alleged material
violation of the Protocols or Oath of office they shall, issue a report to the
City Council and the Member. The affected Member shall have 30 days to
provide any written comments or evidence to the City Manager, City
Attorney and City Council in response to the report.
7.4.3 Enforcement. The City Council shall enforce these protocols against
Members depending upon the extent and severity of the violation by
means of either (i) a warning (ii) a written reprimand; (iii) censure; or (iv)
removal from office. The following procedure shall be utilized:
a) Receipt of Report. Upon receipt of the Report, the Council will
hold a public meeting at which it will determine whether the
complaint should be dismissed, a warning should be issued, a
written reprimand should be issued, censure issued, or the Member
(only if not a Councilmember) should be removed from their office.
In the event the Council determines that it appears that anything
other than a dismissal or warning is appropriate, it shall set a public
hearing to be held within 30 days and provide written notice and
opportunity to be heard to the affected member.
b) Dismissal. Where the Council, based on the Report and any
statement from the affected Member, determines that it is clear that
no violation occurred or that only a trivial or de minimus violation
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occurred, or that the complaint was motivated by revenge or other
improper motives, the Council may dismiss the complaint.
c) Warning. Where the Council, based on the Report and any
statement from the affected Member, determines that there is some
evidence that only a minor violation or a questionable practice has
occurred, the Council may issue a written warning to the affected
Member specifying the violation(s) and requesting corrective action.
d) Reprimand. Where the Council, based on the Report, any
statement from the affected Member, and other evidence accepted,
determines that there is substantial evidence that the Member has
materially violated one or more provisions of the Protocols, the
Council may adopt a resolution reprimanding the affected Member
for their conduct, stating that any violations shall cease, and
requesting corrective action. The affected Member may file a
rebuttal to the Reprimand with the City Clerk which will become a
matter of public record.
e) Censure. Where the Council, based on the Report, any statement
from the affected Member, and other evidence accepted at a public
hearing of the matter, determines that there is substantial evidence
that the Member has materially violated one or more provisions of
these Protocols, and that such violation(s) impugn the integrity or
dignity of the City or that such violations are egregious or chronic in
nature, then the Council may adopt a resolution censuring the
affecting member by condemning their actions, removing the
Member from all appointive positions representing the City in front
of other governments and agencies, demoting them if they hold a
position of mayor, mayor pro tempore, chairman or vice chairman,
stating that the violations shall cease, and demanding corrective
actions. The affected Member may file a rebuttal to the Censure
with the City Clerk which will become a matter of public record.
f) Removal from Office. Notwithstanding any of the provisions in this
Section 7.0, the City Council may remove any commissioner or
board member appointed by the City Council at its pleasure, and
nothing in these Protocols effects or diminishes such power nor
vests such commissioners or board members with any additional
rights, including, without limitation, rights of procedural due
procession.
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APPENDIX A - LEGAL FRAMEWORK & RESOURCES
1.0 Legal Framework
Law or Regulations
California Laws
California Constitutions
General City Authority
Ralph M. Brown Act
Open Meeting Laws
California Public Records Act
Public Records Disclosure
California Political Reform Act
Conflicts, Disclosures & Campaigns
FPPC Regulations
Conflicts, Disclosures & Campaigns
Legally Required Participation
California Anti -Self Dealing Law
Self Interest in Contracts
California Incompatibility of Office Law
Holding Two Public Offices
Temple Citv Documents
City's Charter
City Municipal Code
City Council Rules of Order and Protocols
Reimbursement Policy
RIV #4832-5536-0519 v4
Citation
Article XI §§ 2, 5, 7, & 11.
Government Code §§ 54950 et seq.
Government Code §§ 6250 et seq.
Government Code §§ 81000 et seq.
2 Cal. Code Regs. §§ 18109 et seq.
2 Cal. Code Regs. §18708
Government Code §§ 1090 et seq.,
Government Code § 1126 & § 1099
Articles I through Xil
Title 2 "Administration" §§ 2100 et seq.
Resolution 10-4695
Policy No. 3.02
2.0 Online Resources
Resource
State of California
Portal to State Websites
Official Cal Legislative Information
California Bills & Codes Online
Cal. Fair Political Practice Commission
Conflict of Interest Info
Cal. Attorney General
See A G Opinions
Cal. Senate
Bill Information Online
Cal. Secretary of State
Election Information
LA County Registrar of Voters -- Recorder
Election Information
League of California Cities
Municipal resources
Institute for Local Government
Municipal resources
Cal. Joint Powers Insurance Authority
Risk Management & Training
Marrkula Institute for Applied Ethics
Ethical Decision Making
Institute for Local Self Government
Government Ethics
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Web Address
www.ca.gov/index.asp
www.leginfo.gov
www.ca.fppc
1►►h►iL►i►�: t� ��Y� r�I�J
www.senate.ca.gov
www.sos.ca.gov
www.lavote.net
www.cacities.org
www.ca-ilg.org
www.cjpia.gov
www.scu.edu/ethics/practicing/decision
www.iisg.org
APPENDIX B - GUIDELINES FOR MAKING ETHICAL DECISIONS
[Please visit the Markkula Center for Applied
Ethics at the University of Santa Clara]
How to Make an Ethical Decision. When presented with an opportunity to participate
in making a decision for the City, the City Official should:
A. Recognize whether an ethical issue is involved.
1 Will the decision result in damaae or iniurr. to people?
2. Is there a clear good or bad result?
3. Is the result compelled under the law or does it hinge on budgetary, efficiency, or
other community concerns?
4. Ethical decisions are often not the easiest decision nor the most popular.
B. Get the facts.
1. Read the staff report and aet auestions answered by the City Manager in
advance.
2. Are there alternatives that would lead to better or worse results?
3. What are the viewpoints of the stakeholders? Are some more important than
others?
4. Are there any unanticipated conseauences?
C. Evaluate alternative actions. Which option will:
1. Produce the most good and do the least harm? (See The Markkula Center's
Utility Test.)
a. Identify the alternative actions that are possible and the persons and
groups (the stakeholders) who will be affected by these actions.
b. For each of the most promising alternatives, determine the benefits and
costs to each person or group affected.
C. Select the action in the current situation that produces the greatest
benefits over costs for all affected.
d. Ask what would happen if the action were a policy for all similar
situations.
2. Best respect the rights of all who have a stake? (See The Markkula Center's
Rights Test.)
a. Identify the right being upheld or violated.
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E.
b. Explain why it deserves the status of a right.
C. Ask whether that right conflicts with the rights of others.
3. Treat people eouallv or or000rtionately? (See The Markkula Center's Justice
Test.)
a. What is the distribution of benefits and burdens? Is the distribution fair?
b. If disagreement persists over which outcome is fair, select a fair process
to decide the issue.
4. Best serve the community as a whole? (See The Markkula Center's Common
Good Test.)
a. Identify what parts of the common good are involved.
b. Explain obligations to promote or protect the common good.
C. Discern whether the proposed action conflicts with an obligation to
promote or protect the common good.
5. Lead the Citv Official to act as the sort of person or official as thev want to be?
(See The Markkula Center's Virtue Test.)
a. Will the action help to make you the kind of person you want to be?
b. Will the action fit the City's reputation or vision of what it would like to
be?
C. Will the action maintain the right balance between excellence and
success for the City?
Make a decision and test it.
1. Which approach best suits the situation and arrives at the most ethical decision?
2. Which option is likely to be most respected by the Member's colleagues and
constituents?
Act and reflect on the outcome.
1. How can the decision be implemented to best reflect the intention and reasons
for the decision?
2. What was the end result of the decision and what feedback has the City Official
received?
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