HomeMy Public PortalAbout14) 10A Adoption of Resolution 15-5087 Amending City Council and Commissioner ProtocolAGENDA I
IT E M 10.A.
MANAG EMENT SERVI CES DEPARTMENT
M E MORANDUM
DATE: June 2, 2015
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Eric S. Vail , City Attorney
SUBJECT: ADOPTION OF RESOLUTION 15-5087 AMENDING CITY COUNCIL AND
COMMISSIONER PROTOCOL
RECOMMENDATION:
The City Council is requested to adopt Resolution No . 15-5087 (Attachment "A")
approving amendment to Protocol Section 5 .2 .1 0 "Campaign Contribution" of the City
Council and Commissioner Protocol.
BACKGROUND:
1. On November 16, 2010, the City Council conducted a noticed meeting and
adopted Resolution No. 1 0-4695 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 City 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 .
3. On January 21, 2014, City Council adopted Resolution No. 14-4695 amending
Rules of Order and Protocol reducing the public speaker time from five to three
minutes.
4 . On April 21, 2015, City Council established a Rules of Order and Protocol Review
-------Ac;l-l=loc-Committe e-and-appointed-Mayo r~Chavez~al'ld-Coul'lcilmember~Man-to-tl"le:------t
Committee.
City Council
June 2, 2015
Page 2 of 3
5. On May 19, 2015, Rules of Order and Protocol Review Ad Hoc Committee met to
review the Rules of Order and Protocol.
ANALYSIS:
The Rules of Order and Protocol Review Ad Hoc Committee (Ad Hoc Committee) met
in May and reviewed all of the City Council and Commissioner protocol and their
underlying purpose and determined that they are still beneficial to the City and provide
the proper framework for ethical decision making. The only provision the Ad Hoc
Committee felt warranted a discussion with the City Council was Section 5.2 .1 0. The
recommended changes are shown below in red:
5.2.1 0 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 $250 or more in the previous forty eight (48) twenty-four (24)
months.
For the purpose 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 agreement 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 entitiy, includes all
owners, principals, shareholders, partners (whether general or limited),
members, officers, directors, and managers.
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 .
The-Ad Hoc Committee-is not recommel'lding any changes to the Rules_of Order at this~
time.
City Council
June 2, 2015
Page 3 of 3
CONCLUSION:
City Council is requested to consider adoption of Resolution No. 15-5087 approving the
changes directed by the Rules and Protocol Review Ad Hoc Committee amending
Section 5.2.1 0 "Campaign Contribution" of the Protocol.
FISCAL IMPACT:
There is no fiscal impact for adopting the resolution amending the Protocol.
ATTACHMENTS:
A. Resolution No. 15-5087
ATTACHMENT A
RESOLUTION NO. 15-5087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, ADOPTING AMENDED 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, on November 16, 2010, the City Council adopted Resolution 10-4695 , approving Rules
of Order and Protocols applicable to the City Council and all the City's Commissions and Boards ; and,
WHEREAS, on May 19, 2015, the Rules of Order and Protoco l Ad Hoc Committee conducted a
review of the Rules of Order and Protocol s and determined th at it was in the best interest of the City and its
citizens that certain provisions of the Rules of Order and Protoco ls be amended; and,
WHEREAS , the City Council finds that Section 5 .2.1 0 "Campaign Contribution" of the Protoc ols
should be amended to raise the campaign contribut ion limit from $101 to $250 from Contractors , Vendors or
Developers to Members , and reduce th e time period Members are recused from participating in any City
Actions (unless participation is legally required) regard ing any Contractor, Ve ndors or Deve lopers for whom
the Member has received a ca mpaign contribution from fo rty e ight months to twenty four months ; and
WHEREAS, the City Council find s that no change or amendment to the Rules of Order is needed at
this time. ·
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS: .
SECTION 1. RULES OF ORDER
The "R ule s of Order for City Council and Commission Meetings ," attached hereto and incorporated
herein by this reference as Exhibit "1 ," is readopted without change or amendment.
SECTION 2. PROTOCOLS
Section 5.2.1 0 of the Protoco ls is being amended to read as provided below. A complete copy of
the amended Protocols is attached.
5.2.1 0 Campaign Contributions . M embers have a right to receive campaign
con tribution s , 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 w hom the Member has rece ived a campaign
con tributi on of $444-$250 or more in the previous forty eight (48) twenty-four (24)
months .
For the purpose 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 item s, or who has an interest in or expectation of obtaining such
a Go ntract, agreement or-agreemenUn the future . The_terms "Cont[acto r'' and "V...en_QQL__
-1 -
Resolution No 15-5087
Page 2 of 3
Contractor or Vendor is a business entity, includes all owner, principals, shareholders,
partners (whether general or limited), members, officers, directors, and managers.
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.
SECTION 3. APPLICABILITY
(a) The Rules of Order and the Protocols will be used and followed by all members of the City
Council, and its Commissions and Boards.
(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.
SECTION4. 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 2"d day of June, 2015.
Tom Chavez, Mayor
ATTEST: APPROVED AS TO FORM:
Peggy Kuo, CITY CLERK Eric Vail, CITY ATTORNEY
CLERK'S CERTIFICATION
I hereby certify that the foregoing resolution, Resolution No. 15-5087 was duly passed, approved
and adopted by the City Council of the City of Temple City at a regular meeting held on the 2"d day of June,
2015, by the following vote:
AYES:
NOES•
Councilmember-
Councilmember-
Resolution No 15-5087
Page 3 of 3
ABSENT:
ABSTAIN:
Councilmember-
Councilmember-
Peggy Kuo, City Clerk
CITY OF TEMPLE CITY
RULES OF ORDER
FOR
CITY COUNCIL AND CITY COMMISSION MEETINGS
SECTION 1. REGULAR MEETINGS
Exhibit 1
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 rnay 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 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 3B(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
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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(8). 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.
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, includingthe motions made and the vote thereon.
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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 Jaw 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.
(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 Jaw. 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 reading/adoption "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)
i. 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
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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.
(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 4/5ths 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.
1. 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.
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 ilmend (debatable only as to amendment)
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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.
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 should give his or her name and address for the
record. If a person refuses to give their name and address for the record, then their
statement will not be considered as evidence in the proceeding, but will be lodged as a
comment from an anonymous member of the public in accordance with the Brown Act.
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.
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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, but is not required to, state his or her name and address; 3)
shall limit the address to Three (3) 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 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"
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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.
CITY OF TEMPLE CITY
CITY COUNCIL AND COMMISSIONER
PROTOCOLS
June 2, 2015
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 Foil ow ........................................................................ 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 Personallnterests ................................................................. 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
52.1 0 Campaign Contributions .......................................................... , ....... 4
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
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 Setting a Higher Standard within the Existing 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 Meetings. 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 Meetings. 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 dosed 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
matter at hand. Such discussions, along with materials reviewed, are
confidential and shall not be disclosed except as the City Attorney rnay
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 Meetings 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.
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 Making
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 Avoiding the Appearance of Impropriety.
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.
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.
5.2.1 0 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 $250 or more in the previous twenty-four (24) 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.
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) Stay Out of Personnel Matters. Members will not intetfere 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 City Employees. 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.
c) Orders and Direction to Employees. 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 on items to the City
Manager 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 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) Work for Outside Committees. Members serving as the City's
representative 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
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.
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 Setting and Training. 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) Managing Conflict. Members will manage disagreement with civility
and professionalism and will not allow disagreement to turn 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 City 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,
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 Responsibility. 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 Authority. 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.
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
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.
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
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 & § 1 099
Articles I through XII
Title 2 "Administration"§§ 2100 et seq.
Resolution 10-4695
Policy No. 3.02
2.0 Online Re sources
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
Web Address
www.ca .gov/i ndex.asp
www.leg info .gov
www.ca.fppc
www.ag.ca.gov
www.senate.ca.gov
www.sos .ca .gov
www.lavote.net
www.cacities.org
www.ca -i lg .org
www.cjpia.gov
www.scu.ed u/eth ics/practicing/decision
www.ilsg .org
APPENDIX 8-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 damage or injury 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 get questions answered by the City Manager Jn
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 consequences?
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.
b. Explain why it deserves the status of a right.
c. Ask whether that right conflicts with the rights of others.
3. Treat people equally or proportionately? (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 City Official to act as the sort of person or official as they 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?
D. 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?
E. 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?