HomeMy Public PortalAboutOrd. 1746 ORDINANCE NO. 1746
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AMENDING
SECTION 2-1.7 OF THE LYNWOOD MUNICIPAL CODE
WHEREAS, the City of Lynwood (the "City") is a general law city, incorporated
under the laws of the State of California; and
WHEREAS, the City Council desires to amend Section 2-1.7 of the Lynwood
Municipal Code; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council does hereby find the above recitals correct and
incorporate them herein as part of the findings.
Section 2. Section 2-1.7 of Chapter 2 of the Lynwood Municipal Code is hereby
amended to read as follows:
2-1.7 Code of Ethics:
a. Purpose: The city of Lynwood hereby adopts this code of ethics for members of the city
council and the city's commissions, boards and committees (collectively"members") so that
the citizens of the city receive fair, ethical and accountable government, with adherence to
both the spirit and the letter of the law affecting governmental operations. Nothing in the
code of ethics is intended to limit or otherwise infringe on the first amendment rights of free
speech or association of public officials, or to conflict with any federal, state or local laws.
b. Distribution of Code of Ethics: This code of ethics shall be included in the regular
orientations for candidates for city council, application packets to commissions, boards, and
committees, and given to newly elected and appointed officials. Members entering office
shall sign a statement affirming they read and understood the city of Lynwood code of
ethics. In addition, the code of ethics shall be periodically reviewed and updated by the city
council upon recommendations from commissions, boards, committees, and the citizens of
Lynwood.
c. Adherence to Principles: All members shall strive to adhere to the principles set forth
in the code of ethics. If it appears that any member has not or is not adhering to the
principles in this code of ethics, a hearing may be held by the city council to discuss whether
action should be taken. No hearing may be held, unless: 1) the hearing is requested by two
(2) members of the city council, 2) the person who is the subject of the hearing is given
thirty (30) days' advance notice of the hearing, which notice shall describe the facts and
reason for the hearing. The person who is the subject of the hearing shall be afforded all
appropriate due process, including a meaningful opportunity to respond to allegations
before any action is taken pursuant to subsection 2-1.7d of this section.
d. Actions Against Members: If, after a hearing described in subsection 2-1.7c of this
section, the council wishes to take action in response to any violation of the code of ethics,
such action may include a public admonishment, a resolution of censure, a forfeiture of the
member's per diem, removal of the member from the commission, board or committee on
which he or she serves (does not apply to members of the council), or any other action
reasonably related to ensuring that member does not engage in future code of ethics'
violations, provided further that such action is consistent with all federal, state and local
laws. The council may adopt a policy of progressive remedies starting with warnings and
increasing to more serious penalties to deter or prevent future violations.
e. Code of Ethics: The following principles shall constitute the Lynwood code of ethics,
applicable to all members of the city council and the city's commissions, boards and
committees:
1. Act in The Public Interest: Recognizing that stewardship of the public interest must be
their primary concern, members will work for the common good of the people of Lynwood
and not for any private or personal interest, and they will assure fair and equal treatment of
all persons, claims and transactions coming before the Lynwood city council, commissions,
boards and committees.
2. Comply with The Law: Members shall comply with the laws of the nation, the state of
California and the city of Lynwood in the performance of their public duties. These laws
include, but are not limited to: The United States and California constitutions; the Lynwood
municipal code; laws pertaining to conflicts of interest, election campaigns, financial
disclosures, employer responsibilities, and open processes of government. Members shall
also comply with all applicable city policies and procedures.
3. Conduct of Members: The professional and personal conduct of members must be
above reproach and should take steps to avoid even the appearance of impropriety.
Members shall refrain from abusive conduct, personal charges or verbal attacks upon the
character or motives of other members of council, commissions, boards and committees,
the staff or public.
4. Respect for Process: Members shall perform their duties in accordance with the
processes and rules of order established by the city council and commissions, boards, and
committees governing the deliberation of public policy issues, meaningful involvement of
the public, and implementation of policy decisions of the city council by city staff.
5. Incompatible Employment: No elected or other public official shall engage in or accept
private employment, or render services for private interests, when such employment or
service is incompatible with the proper discharge of his/her official duties or would tend to
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impair his/her independence of judgment or action in the performance of his/her official
duties.
6. Use of Public Property: No official shall request or permit the use of city owned vehicles,
equipment, materials or property for personal convenience or profit, except when such
services are available to the public generally, and in the same manner as available to the
public, or are provided as municipal policy for the use of such official in the conduct of official
business. No official shall use the time of any city employee during working hours for
personal purposes.
7. Contracts with City: Any council member or public official shall not have a financial
interest in any business transaction, or contract with the city, or in the sale of real estate,
materials, supplies or services to the city, except as permitted in the conflict of interest
statutes of the state2.
8. Disclosure of Interest in Legislation: A council member who has a financial or other
private interest in any legislation shall disclose on the records of the council or other
appropriate authority the nature and extent of such interest.
9. Conduct of Public Meetings: Members shall prepare themselves for public issues, listen
courteously and attentively to all public discussions before the body, and focus their
attention on the business at hand. They shall refrain from interrupting other speakers,
making personal comments not germane to the business of the body, or interfering with the
orderly conduct of meetings. Members shall not engage in discussions, communications or
other activities that detract their attention in a manner that may prevent them from affording
applicants and other interested parties' due process at any public hearing.
10. Decisions Based On Merit: Members shall base their decisions on the merits and
substance of the matter at hand, rather than on unrelated considerations.
11. Communication: Members shall publicly share substantive information that is relevant
to a matter under consideration by the council or commissions, boards, and committees,
which they may have received from sources outside of the public decision making process.
12. Conflict of Interest: In order to assure their independence and impartiality on behalf of
the common good, members shall not use their official positions to influence government
decisions in which they have a material financial interest, or where they have an
organizational responsibility or personal relationship which may give the appearance of a
conflict of interest.
In accordance with the law, members shall disclose investments, interests in real property,
sources of income and gifts; and abstain from participating in deliberations and decision
making where conflicts, as determined under applicable laws, may exist.
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13. Confidential Information: Members shall respect the confidentiality of information
concerning the property, personnel or affairs of the city. They shall neither disclose
confidential information without proper legal authorization, nor use such information to
advance their personal, financial or other private interests.
14. Representations Of Private Interests: In keeping with their role as stewards of the
public interest, members of the council shall not appear on behalf of the private interests of
third parties before the council or any commission, board, committee, or proceeding of the
city, nor shall members of commissions, boards, and committees appear before their own
bodies or before the council on behalf of the private interests of third parties on matters
related to the areas of service of their bodies.
15. Advocacy: Members shall represent the official policies or positions of the council,
commission, board, or committee to the best of their ability when designated as delegates
for this purpose. When presenting their individual opinions and positions, members shall
explicitly state they do not represent their body or the city, nor shall they allow the inference
that they do. When representing the city while serving on or appearing before other
government agencies or in court, members shall advocate policies which are in the best
interest of the city over their own personal interests.
16. Policy Role of Members: Members shall respect and adhere to the council-manager
structure of Lynwood city government. In this structure, the council determines the policies
of the city with the advice, information and analysis provided by the public, commissions,
boards, and committees, and city staff.
Consistent with subsection 2-2.8 of this chapter, individual members therefore shall not
interfere with the administrative functions of the city or the professional duties of city staff;
nor shall they impair the ability of staff to implement council policy decisions.
Councilmembers shall not attend internal staff meetings or meetings between City staff and
third parties unless invited by City staff or directed by Council to do so.
17. Independence of Commissions, Boards, And Committees: Because of the value of
the independent advice of commissions, boards, and committees to the public decision
making process, members of council shall refrain from using their position to unduly
influence the deliberations or outcomes of board or commission proceedings.
18. Positive Workplace Environment: Members shall support the maintenance of a positive
and constructive workplace environment for city employees and for citizens and businesses
dealing with the city. Members shall recognize their special role in dealings with city
employees to in no way create the perception of inappropriate direction to staff.
19. Gifts and Favors. Members shall not take any special advantage of their public office
to access services or opportunities for personal gain that are not available to the general
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public. They shall refrain from accepting any gifts, favors or promises of future benefits
which might compromise or appear to compromise their independence of judgment or
action.
20. Use of Public Resources. Members shall not use public resources not available to
the general public, such as City staff time, vehicles, equipment, supplies, land or facilities,
for private gain or political or personal purposes.
Section 3. Severability. If any section, subsection, sentence clause or phrase or
word of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of competent jurisdiction or preempted by state legislation such decision or
legislation shall not affect the validity of the remaining portions of this Ordinance. The City
Council declares that it would have passed this Ordinance and each and every section,
subsection, sentence clause or phrase or word not declared invalid or unconstitutional
without regard to any such decision or preemptive legislation.
Section 4. Effective Date: This Ordinance shall take effect thirty (30) days from and
after its passage and adoption by the City Council of the City of Lynwood.
First read at a regular meeting of the City Council held on the 3rd day of May 2022 and
adopted and ordered published at regular meeting of said Council on the 3rd of May, 2022.
PASSED, APPROVED and ADOPTED this 3rd day of May 2022.
tea,
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Jorge as nova
Mayor
ATTEST:
/ frit 4
Maria QuinOnez Ernie - nandez
City Clerk City - ;ger
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia Ernie Handez
City Attorney City Ma"'ger
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STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at
a regular meeting held on the 3rd day of May 2022, and passed by the following votes:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO AND MAYOR PRO
TEM SOLACHE
NOES: NONE
ABSENT: MAYOR CASANOVA
ABSTAIN: NONE
aria Quinonez,
City Clerk
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council
of said City, do hereby certify that the above foregoing is a full, true and correct copy of
Ordinance No. 1746 on file in my office and that said Resolution was adopted on the date
and by the vote therein stated. Dated this 3rd day of May 2022.
I ddly
Ma a Quinonez,
City Clerk
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