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