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HomeMy Public PortalAboutOrd. 1622ORDINANCE NO. 1622 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, AMENDING THE LYNWOOD MUNICIPAL CODE TO ADD A NEW SECTION 2 -1.6 TO ESTABLISH A CODE OF ETHICS AND HEARING AND ENFORCEMENT PROCEDURES THEREFOR WHEREAS, the City Council of the City of Lynwood wishes to adopt a City of Lynwood Code of Ethics ( "Code of Ethics ") applicable to all member of the City Council and the City's commissions, boards and committees; and WHEREAS, the citizens and businesses of Lynwood are entitled to have fair, ethical and accountable government which has earned the public's full confidence for integrity; and WHEREAS, the effective functioning of democratic government requires that public officials, both elected and appointed comply with both the letter and spirit of the laws affecting the operations of government; and WHEREAS, public officials must show that they are independent, impartial and fair in their judgment and actions; and WHEREAS, public deliberations and processes must be conducted openly, unless legally confidential, and in an atmosphere of respect and civility; and WHEREAS, all public resources are held in trust for the people, and must be used for the public good, not for personal gain; and WHEREAS, nothing in this 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 other federal, state or local laws. WHEREAS, at present, the Code of Ethics is "self- policing" in that each member of the Lynwood City Council and each member of the City's commissions, boards and committees, is expected to comport his or her behavior so that it meets the Code of Ethics, and the only power to enforce the Code of Ethics is the removal of a commission, board member or committee member, where removal is permitted without cause; and WHEREAS, since there are limited ways to enforce the Code of Ethics, the City Council for the City of Lynwood wishes to create other ways to enforce the Code of Ethics; however, the chief purpose of this ordinance is to encourage compliance and promote ethical behavior, not to punish members; and WHEREAS, by adopting this ordinance, -the City Council also intends to create a method whereby allegations of violations of the Code of Ethics are investigated and discussed in a fair manner and, where appropriate, action can be taken to encourage compliance with the Code of Conduct. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 2 -1 of the Lynwood Municipal Code is amended by adding a new Section 2 -1.6, to read in its entirety as follows: § 2 -1.6 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 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 paragraph (D), below. d. I Actions Against Members. If, after a hearing described in paragraph (C), above, 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 a 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. 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 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 pelrmitted in the conflict of interest statutes of the state (Government Code Section 1090, et seq.) 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 tIo 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 andl 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. Conflictl of Interest. In order to assure their independence and impartiality on I 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. 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 Lynwood Municipal Code section 2 -2.8, 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: 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 Work Place Environment. Members shall support the maintenance of a positive and constructive work place 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." Section 2. If any provision(s) of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional. Section 3. The City Clerk shall certify to the adoption of this Ordinance, and shall cause the same to be posted and published in the manner required by law. Section 4. This ordinance shall be effective thirty (30) days following its adoption. First read at a regular meeting of the City Council held on the 20th day of October, 2009 and adopted and ordered published at a regular meeting of said Council on the 3`d day of November, 2009. PASSED, APPROVED, AND ADOPTED this 3'd day of November, 2009. Maria T. Santillan, Mayor ATTEST: 7Fi Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney APPROVED AS TO CONTENT: Hem p6,,jAssistant City Manager STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood,,do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 3 '-d day of November, 2009. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSENT: NONE ABSTAIN: NONE . - - STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No.1622 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 3`d day of November, 2009. Maria Quinonez, City Clerk