21-Deliberate and possibly act on adoption of a code of ethics for City Council, boards, commissions and committeesCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
3/23/10
Council Date:
City Council
Jesse Freelen
21.
4/12/10
RECOMMENDED MOTION:
POLICY ISSUE(S):
Ethics and conduct
BACKGROUND:
Mayor Freelen requested this item. The City of Sunnyvale Code of Ethics and Conduct for Elected and
Appointed Officials is suggested as a model for Paris to start with.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Council Member Agenda Item Request form; City of Sunnyvale Code of Ethics and Conduct for Elected
and A ointed Officials
ACTION:
BUDGET INFO:
~ Financial Report ~ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration 2 City Clerk ❑ Community Development ❑ EMS/IT ❑ Eng. ❑ Finance
❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Public Works ❑ Utilities
Revised 2/04/08
City of Paris - L100186
COUNCIL MEMBER AGENDA ITEM REQUEST
Please Complete this form 1f you wish to have an item placed on the agenda for a City Council
meeting. To allow adequate time to prepare packets and to coincide with staff's deadline for
items, the due date for placing an item on the agenda is noon Thursday, 12 days prior to the
regular meetings on the second and fourth Monday of each month (i.e. the Thursday immediately
following a regular Monday meeting). In order for your fellow Council Members to fully
understand your item, have productive discussion, ensure efficient council meetings, and for staff
to be able to assist you as completely as possible, it is important that you describe the item with
as much detail as possible and include any supporting documentation so that it may be included
in the Council's meeting packets. Please return this completed form to the City Manager and
contact the City Clerk at (903) 784-9248 if you have any questions.
Council member making request:
❑ Will Biard
❑ Steve Brown
[ Jesse Freelen
F] Kevin Kear
Description of Item:
❑ Joe McCarthy
❑ Edwin Pickle
[-1 Rhonda Rogers
/ J l(lcc
Qn
~e-A IL s- S'-b2a. ~ -
Are additional sheets or supporting materials attached? [Rr`~es ❑ No
I request that this item be placed on the agenda for the:
❑ City Council meeting on this date:
Sometime in the next 2 meetings
No specifsc time in mind - just keep it on a list of pending issues
Sign
City of
Date: 3-~ 3- aa/o
Revised 11/19/08
~-C!0(il8~.
Council Policy Manual Home
Paqe
Printable Version (.doc)
Code of Ethics and Conduct for Elected and Appointed Officials
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City of Sunnyvale
2009 Code of Ethics and Conduct for
Elected and Appointed Officials
"Conduct is three-fourths of our life and its /argest concern."
Matthew Arno/d
To this end, the Sunnyvale City Council has adopted a Code of Ethics and Conduct for members
of the City Council and of the City's boards and commissions to assure public confidence in the
integrity of local government and its effective and fair operation. The Ethics section of the City's
Code of Ethics and Conduct provides guidance on ethical issues and questions of right and
wrong.
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 Sunnyvale 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 Sunnyvale City Council, boards and
commissions.
2. Comply with both the spirit and the letter of the Law and City Policy. Members shall comply
with the laws of the nation, the State of California and the City of Sunnyvale in the
performance of their public duties. These laws include, but are not limited to: the United
States and California constitutions; the Sunnyvale City Charter; laws pertaining to conflicts
of interest, election campaigns, financial disclosures, employer responsibilities, and open
processes of government; and City ordinances and policies.
3. Conduct of Members. The professional and personal conduct of inembers must be above
reproach and 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, boards and commissions, 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 board and commissions 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. Conduct of Public Meetings. Members shall prepare themselves for public issues; listen
courteously and attentively to all public discussions before the body; and focus on the
business at hand. They shall refrain from interrupting other speakers; making personal
comments not germane to the business of the body; or otherwise interfering with the orderly
conduct of ineetings
6. Decisions Based on Merit. Members shall base their decisions on the merits and substance
of the matter at hand, rather than on unrelated considerations.
7. Communication. Members shall publicly disclose substantive information that is relevant to a
matter under consideration by the Council or boards and commissions, which they may
have received from sources outside of the public decision-making process.
8. Conflict of Interest. In order to assure their independence and impartiality on behalf of the
common good, members shall not use their official positions to influence government
decisions in which they have a material financial interest, or where they have an
organizational responsibility or personal relationship which may give the appearance of a
conflict of interest. In accordance with the law, members shall disclose investments,
interests in real property, sources of income, and gifts; and they shall abstain from
participating in deliberations and decision-making where conflicts may exist.
9. Gifts and Favors. Members shall not take any special advantage of services or opportunities
for personal gain, by virtue of their public office, that are not available to the public in
general. They shall refrain from accepting any gifts, favors or promises of future benefits
which might compromise their independence of judgment or action or give the appearance
of being compromised.
r a (10018111
10. 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.
11. Use of Public Resources. Members shall not use public resources not available to the public
in general, such as City staff time, equipment, supplies or facilities, for private gain or
personal purposes.
12. Representation of Private Interests. In keeping with their role as stewards of the public
interest, members of Council shall not appear on behalf of the private interests of third
parties before the Council or any board, commission or proceeding of the City, nor shall
members of boards and commissions 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.
13. Advocacy. Members shall represent the official policies or positions of the City Council,
board or commission 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 of Sunnyvale, nor will they allow the
inference that they do. Councilmembers and board and commission members have the right
to endorse candidates for all Council seats or other elected offices. It is inappropriate to
mention or display endorsements during Council meetings, board/commission meetings, or
other official City meetings.
14. Policy Role of Members. Members shall respect and adhere to the council-manager
structure of Sunnyvale City government as outlined by the Sunnyvale City Charter. In this
structure, the City Council determines the policies of the City with the advice, information
and analysis provided by the public, boards and commissions, and City staff. Except as
provided by the City Charter, 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.
15. Independence of boards and commissions. Because of the value of the independent advice
of boards and commissions to the public decision-making process, members of Council
shall refrain from using their position to unduly influence the deliberations or outcomes of
board and commission proceedings.
16. 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.
B.CONDUCT
The Conduct section of the City's Code of Ethics and Conduct is designed to describe the
manner in which Councilmembers and board and commission members should treat one another,
City staff, constituents, and others they come into contact with in representing the City of
Sunnyvale. It reflects the work of a Council Policy and Protocol Subcommittee that was charged
with defining more clearly the behavior, manners, and courtesies that are suitable for various
occasions. The Subcommittee also considered a wide variety of policy changes and clarifications
designed to make public meetings and the process of governance run more smoothly.
The constant and consistent theme through all of the conduct guidelines is "respect."
Councilmembers experience huge workloads and tremendous stress in making decisions that
could impact thousands of lives. Despite these pressures, elected and appointed officials are
p r n~ 9115
called upon to exhibit appropriate behavior at all times. Demonstrating respect for each individual
through words and actions is the touchstone that can help guide Councilmembers and board and
commission members to do the right thing in even the most difficult situations.
1 Elected and Appointed Officials' Conduct with One Another
"In life, courtesy and self-possession, and in the arts, style, are the sensible impressions of the
free mind, for both arise out of a deliberate shaping of all things and from never being swept
away, whatever the emotion, into confusion or dullness. "
William Butler Yeats
Elected and appointed officials are composed of individuals with a wide variety of backgrounds,
personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in
public office in order to preserve and protect the present and the future of the community. In all
cases, this common goal should be acknowledged even though individuals may "agree to
disagree" on contentious issues.
1(a). In Public Meetings
Use formal titles
Elected and appointed officials should refer to one another formally during public meetings, such
as Mayor, Vice Mayor, Chair, Commissioner or Councilmember followed by the individual's last
name.
Practice civility and decorum in discussions and debate
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and
information are legitimate elements of a free democracy in action. This does not allow, however,
public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or
disparaging comments. No shouting or physical actions that could be construed as threatening
will be tolerated.
Honor the role of the chair in maintaining order
It is the responsibility of the chair to keep the comments of inembers on track during public
meetings. Members should honor efforts by the chair to focus discussion on current agenda
items. If there is disagreement about the agenda or the chair's actions, those objections should
be voiced politely and with reason, following procedures outlined in parliamentary procedure.
Avoid personal comments that could offend other members
If a member is personally offended by the remarks of another member, the offended member
should make notes of the actual words used and call for a"point of personal privilege" that
challenges the other member to justify or apologize for the language used. The chair will maintain
control of this discussion.
Demonstrate effective problem-solving approaches
Members have a public stage to show how individuals with disparate points of view can find
common ground and seek a compromise that benefits the community as a whole.
Outside of official board or commission meetings, individual board and commission members are
not authorized to represent the City or their board or commission unless specifically designated
by the Council or the board or commission to do so for a particular purpose. In private settings,
board and commission members may communicate at any time and on any subject with
individual members of the City Council, and may express to them individual viewpoints and
opinions. In public, however, all members shall represent the official policies or positions of their
board or commission, with the following exception. During a Council public hearing on any item
addressed by the board or commission, any member may speak under standard time limits, but
shall indicate whether their testimony represents an official position (majority opinion) or a
minority opinion of the board/commission to which they belong. The chair shall represent the
majority view of the board or commission, but may report on any minority views as well, including
his or her own. When an official board or commission position differs from staff's recommendation
on a particular policy issue, then at the Mayor's discretion additional time may be provided to the
chair of the board or commission (or his/her designee) to explain the position of the
board/commission or to rebut statements made by staff or the public. If new information is
brought to light during a public hearing which was not shared previously with the board or
commission, the Mayor may allow the board or commission chair to respond. If the Council
deems the new information sufficient to warrant additional study, then by majority vote Council
may remand the issue back to the board or commission for further study prior to taking other
action itself.
Individual opinions and positions may be expressed by board and commission members
regarding items that have not come before the particular board/commission to which they belong.
When presenting their individual opinions and positions, members shall explicitly state they do not
represent their body or the City of Sunnyvale, nor will they allow the inference that they do.
Although a board or commission may disagree with the final decision the Council makes, the
board or commission shall not act in any manner contrary to the established policy adopted by
the Council.
1(b). In Private Encounters
Continue respectful behavior in private
The same level of respect and consideration of differing points of view that is deemed appropriate
for public discussions should be maintained in private conversations.
Be aware of the insecurity of written notes, voicemail messages, and E-mail
Technology allows words written or said without much forethought to be distributed wide and far.
Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail
message were played on a speaker phone in a full office? What would happen if this E-mail
message were forwarded to others? Written notes, voicemail messages and e-mail should be
treated as potentially "public" communication.
Even private conversations can have a public presence
Elected and appointed officials are always on display - their actions, mannerisms, and language
are monitored by people around them that they may not know. Lunch table conversations will be
eavesdropped upon, parking lot debates will be watched, and casual comments between
individuals before and after public meetings noted.
In private, board and commission members may communicate at any time and on any subject
with the City Council, and may express to Council individual viewpoints and opinions.
2 Elected and Appointed Officials' Conduct with Citv Staff
"Never let a problem become an excuse. "
Robert Schuller
Governance of a City relies on the cooperative efforts of elected officials, who set policy,
appointed officials who advise the elected, and City staff who implements and administers the
Council's policies. Therefore, every effort should be made to be cooperative and show mutual
respect for the contributions made by each individual for the good of the community.
Treat all staff as professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual
is expected. Poor behavior towards staff is not acceptable.
Member questionsllnquiries to City staff
1. General. Council and board/commission communications with City staff should be limited to
normal City business hours unless the circumstances warrant otherwise. Responses to
Council questions posed outside of normal business hours should be expected no earlier
than the next business day.
2. Routine Requests for Information and Inauiries. Members may contact staff directly for
information made readily available to the general public on a regular basis (e.g., "What are
the library's hours of operation?" or "How does one reserve a tee time at the golf course?").
Under these circumstances staff shall treat the member no differently than they would the
general public, and the member shall not use their elected status to secure preferential
treatment. The city manager does not need to be advised of such contacts.
3. Non-Routine Requests for Readily Available Information. Members may also contact staff
directly for easily retrievable information not routinely requested by the general public so long
as it does not require staff to discuss the issue or express an opinion (e.g., "How many traffic
lights are there in the City?" or "Under what circumstances does the City lower its flags to half
mast?")
4. Non-Routine Requests Requirinp Special Effort. Any member request or inquiry that requires
staff to compile information that is not readily available or easily retrievable and/or that
requests staff to express an opinion (legal or otherwise) must be directed to the city manager,
or to the city attorney, as appropriate (e.g., "How many Study Issues completed over the past
five years have required 500 or more hours of staff time?", or "What is the logic behind the
City's sign ordinances affecting businesses along EI Camino Real?"). The city manager (or
city attorney as appropriate) shall be responsible for distributing such requests to his/her staff
for follow-up. Responses to such requests shall be copied to all Councilmembers (if
originating from a Councilmember), relevant board or commission members (if originating
from a board or commission member), the city manager, the city attorney as appropriate and
affected department directors.
5. Meetinq Requests. Any member request for a meeting with staff must be directed to the city
manager or city attorney, as appropriate.
6. Public Safetv Restrictions. Under certain circumstances, requests for information regarding
operations or personnel of the Department of Public Safety may be legally restricted.
Applicable statutes include: The Peace Officers' Procedural Bill of Riqhts (California
Government Code Section 3300, et seq.), Confidentialitv of Peace Officer Records (California
Penal Code Section 832.5-7), and a number of exceptions to the California Public Records
Act, defined in Government Code Section 6254. Providing information in response to such
requests could violate the law, and might also violate due process rights that have been
defined for peace officers in the State of California. Accordingly, it shall be the policy of the
City of Sunnyvale to strictly comply with all applicable legal authorities governing the release
of Department of Public Safety information and records.
Do not disrupt City staff from their jobs
Elected and appointed officials should not disrupt City staff while they are in meetings, on the
phone, or engrossed in performing their job functions in order to have their individual needs met.
Do not attend City staff meetings unless requested by staff - even if the elected or appointed
official does not say anything, his or her presence implies support, shows partiality, intimidates
staff, and hampers staff's ability to do their job objectively.
Never publicly criticize an individual employee
Elected and appointed officials should never express concerns about the performance of a City
employee in public, to the employee directly, or to the employee's manager. Comments about
staff performance should only be made to the city manager through private correspondence or
conversation. Comments about staff in the office of the city attorney should be made directly to
the city attorney. Appointed officials should make their comments regarding staff to the city
manager or the Mayor.
Do not get involved in administrative functions
Elected and appointed officials must not attempt to influence City staff on the making of
appointments, awarding of contracts, selecting of consultants, processing of development
applications, or granting of City licenses and permits. [See Code of Ethics] The Sunnyvale Citv
Charter, Section 807, also contains information about the prohibition of Council interference in
administrative functions.
Check with City staff on correspondence before taking action
Before sending correspondence, Councilmembers should check with City staff to see if an official
City response has already been sent or is in progress. Board and commission members shall not
send correspondence except as authorized under the City's policies governing volunteers.
(Council Policv 7.2.19 Boards and Commissions.)
Limit requests for staff support
Routine secretarial support will be provided to all Councilmembers. The Council Executive
Assistant opens all mail for Councilmembers, unless a Councilmember requests other
arrangements. Mail addressed to the Mayor is reviewed first by the city manager who notes
suggested action and/or follow-up items.
Requests for additional staff support - even in high priority or emergency situations - should be
made to the city manager who is responsible for allocating City resources in order to maintain a
professional, well-run City government.
Do not solicit political support from staff
Elected and appointed officials should not solicit any type of political support (financial
contributions, display of posters or lawn signs, name on support list, etc.) from Ciry staff. City staff
may, as private citizens with constitutional rights, support political candidates but all such
activities must be done away from the workplace.
3. Elected and Aqpointed Officials' Conduct with the Public
"If a man be gracious and courteous to strangers, it shows he is a citizen of the world, and that
his heart is no island cut off from other lands, but a continent that joins to them. "
Francis Bacon
3(a). In Public Meetings
Making the public feel welcome is an important part of the democratic process. No signs oi
partiality, prejudice or disrespect should be evident on the part of individual members toward an
individual participating in a public forum. Every effort should be made to be fair and impartial in
listening to public testimony.
Be welcoming to speakers and treaf them with care and gentleness. While questions of
clarification may be asked, the official's primary role during public testimony is to listen.
"I give many public presentations so standing up in front of a group and using a microphone is not
new to me. But I found that speaking in front of Council was an entirely different experience. I was
incredibly nervous and my voice was shaking. I think the reason was because the issue was so
personal to me. The Council was going to take a vote that would affect my family's daily life and
my home. I was feeling a lot of emotion. The way that Council treats people during public
hearings can do a lot to make them relax or to push their emotions to a higher level of intensity."
Be fair and equitable in allocating public hearing time to individual speakers.
"The first thing the Mayor said to me was to be brief because the meeting was running late and
the Council was eager to go home. That shouldn't be my problem. I'm sorry my item was at the
end of the agenda and that there were a lot of speakers, but it is critically important to me and I
should be allowed to say what I have to say and believe that the Council is listening to me."
The chair will determine and announce limits on speakers at the start of the public hearing
process. Questions should not be asked for the express purpose of allowing one speaker to
evade the time limit imposed on all others (e.g., "Was there something else you wanted to say?").
Generally, each speaker will be allocated three minutes with applicants and appellants or their
designated representatives allowed ten. If many speakers are anticipated, the chair may shorten
the time limit and/or ask speakers to limit themselves to new information and points of view not
already covered by previous speakers.
No speaker will be turned away unless he or she exhibits inappropriate behavior. Each speaker
may only speak once during the public hearing unless the chair requests additional clarification
later in the process. After the close of the public hearing, no more public testimony will be
accepted unless the chair reopens the public hearing for a limited and specific purpose.
Give the appearance of active listening
It is disconcerting to speakers to have members not look at them when they are speaking. It is
fine to look down at documents or to make notes, but reading for a long period of time or gazing
around the room gives the appearance of disinterest. Be aware of facial expressions, especially
those that could be interpreted as "smirking," disbelief, anger or boredom.
Maintain an open mind
Members of the public deserve an opportunity to influence the thinking of elected and appointed
officials. To express an opinion or pass judgment prior to the close of a public hearing casts doubt
on a member's ability to conduct a fair review of the issue. This is particularly important when
officials are serving in a quasi-judicial capacity.
Ask for clarification, but avoid debate and argument with the public
Only the chair - not individual members - can interrupt a speaker during a presentation.
However, a member can ask the chair for a point of order if the speaker is off the topic or
exhibiting behavior or language the member finds disturbing.
If speakers become flustered or defensive by questions, it is the responsibility of the chair to calm
and focus the speaker and to maintain the order and decorum of the meeting. Questions by
members to the public testifying should seek to clarify or expand information. It is never
appropriate to belligerently challenge or belittle the speaker. Members' personal opinions or
inclinations about upcoming votes should not be revealed until after the public hearing is closed.
No personal attacks of any kind, under any circumstance
Members should be aware that their body language and tone of voice, as well as the words they
use, can appear to be intimidating or aggressive.
Follow parliamentary procedure in conducting public meetings
The city attorney serves as advisory parliamentarian for the City and is available to answer
questions or interpret situations according to parliamentary procedures. The chair, subject to the
appeal of the full Council or board/commission makes final rulings on parliamentary procedure.
3(b). In Unofficial Settings
Make no promises on behalf of the Council, board/commission or City
Members will frequently be asked to explain a Council or board/commission action or to give their
opinion about an issue as they meet and talk with constituents in the community. It is appropriate
to give a brief overview of City policy and to refer to City staff for further information. It is
inappropriate to overtly or implicitly promise Council or board/commission action, or to promise
City staff will do something specific (fix a pothole, remove a library book, plant new flowers in the
median, etc.).
Make no personal comments about other members
It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory
comments about other members, their opinions and actions.
Remember that despite its impressive population figures, Sunnyvale is a small town at heart
Members are constantly being observed by the community every day that they serve in office.
Their behaviors and comments serve as models for proper deportment in the City of Sunnyvale.
Honesty and respect for the dignity of each individual should be reflected in every word and
action taken by members, 24 hours a day, seven days a week. It is a serious and continuous
responsibility.
4 Council Conduct with Other Public Aqencies
"Always do right. This will gratify some people and astonish the rest. "
Mark Twain
Be clear about representing the City or personal interests
When representing the City, the Councilmember must support and advocate the official City
position on an issue, not a personal viewpoint. Outside of official board or commission meetings,
board and commission members are not authorized to represent the City or their board or
commission unless specifically designated by the Council or the board or commission to do so for
a particular purpose.
When representing another organization whose position is different from the City, the
Councilmember should withdraw from voting on the issue if it significantly impacts or is
detrimental to the City's interest. Councilmembers should be clear about which organizations they
represent and inform the Mayor and Council of their involvement.
Correspondence also should be equally clear about representation
City letterhead may be used when the Councilmember is representing the City and the City's
official position. A copy of official correspondence should be given to the Council Executive
Assistant to be filed in the Council Office as part of the permanent public record.
City letterhead should not be used for non-City business nor for correspondence representing a
dissenting point of view from an official Council position.
5. Council Conduct with Boards and Commissions
"We rarely find that people have good sense unless they agree with us. "
--Francois, Duc de La Rochefoucauld
The City has established several boards and commissions as a means of gathering more
community input. Citizens who serve on boards and commissions become more involved in
government and serve as advisors to the City Council. They are a valuable resource to the City's
leadership and should be treated with appreciation and respect.
If attending a board or commission meeting, be careful to only express personal opinions
Councilmembers may attend any board or commission meeting, which are always open to any
member of the public. However, they should be sensitive to the way their participation especially
if it is on behalf of an individual, business or developer could be viewed as unfairly affecting the
process. Any public comments by a Councilmember at a board or commission meeting should be
~f, n~~",
clearly made as individual opinion and not a representation of the feelings of the entire City
Council.
Limit contact with board and commission members to questions of clarification
It is inappropriate for a Councilmember to contact a board or commission member to lobby on
behalf of an individual, business, or developer, and vice versa. It is acceptable for
Councilmembers to contact board or commission members in order to clarify a position taken by
the board or commission.
Remember that boards and commissions serve the community, not individual Councilmembers
The City Council appoints individuals to serve on boards and commissions, and it is the
responsibility of boards and commissions to follow policy established by the Council. But board
and commission members do not report to individual Councilmembers, nor should
Councilmembers feel they have the power or right to threaten board and commission members
with removal if they disagree about an issue. Appointment and re-appointment to a board or
commission should be based on such criteria as expertise, ability to work with staff and the
public, and commitment to fulfilling official duties. A board or commission appointment should not
be used as a political "reward."
Be respectful of diverse opinions
A primary role of boards and commissions is to represent many points of view in the community
and to provide the Council with advice based on a full spectrum of concerns and perspectives.
Councilmembers may have a closer working relationship with some individuals serving on boards
and commissions, but must be fair and respectful of all citizens serving on boards and
commissions.
Keep political support away from public forums
Board and commission members may offer political support to a Councilmember, but not in a
public forum while conducting official duties. Conversely, Councilmembers may support board
and commission members who are running for office, but not in an official forum in their capacity
as a Councilmember.
6. Conduct with the Media
"Keep them well fed and never let them know that all you've got is a chair and a whip. "
Lion Tamer School
Board and commission members are not authorized to represent the City outside of official
board/commission meetings unless specifically authorized to do so.
Councilmembers are frequently contacted by the media for background and quotes.
The best advice for dealing with the media is to never go "off the record"
Most members of the media represent the highest levels of journalistic integrity and ethics, and
can be trusted to keep their word. But one bad experience can be catastrophic. Words that are
not said cannot be quoted.
The Mayor is the official spokesperson for the City on City positions.
The Mayor is the designated representative of the Council to present and speak on the official
City position. If an individual Councilmember is contacted by the media, the Councilmember
should be clear about whether their comments represent the official City position or a personal
viewpoint.
Choose words carefully and cautiously
Comments taken out of context can cause problems. Be especially cautious about humor,
sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear
words when talking with the media.
C. SANCTIONS
"You cannot have a proud and chivalrous spirit if your conduct is mean and paltry;
for whatever a man's actions are, such must be his spirit. "
Demosthenes
Public Disruption
Members of the public who do not follow proper conduct after a warning in a public hearing may
be barred from further testimony at that meeting or removed from the Council Chambers.
Inappropriate Staff Behavior
Councilmembers should refer to the city manager any City staff or to the city attorney any City
Attorney's staff who do not follow proper conduct in their dealings with Councilmembers, other
City staff, or the public. These employees may be disciplined in accordance with standard City
procedures for such actions. (Please refer to the section on Council Conduct with City Staff for
more details on interaction with Staff.)
Councilmembers Behavior and Conduct
Compliance and Enforcement. The Sunnyvale Code of Ethics and Conduct expresses standards
of ethical conduct expected for members of the Sunnyvale City Council, boards and
commissions. Members themselves have the primary responsibility to assure that ethical
standards are understood and met, and that the public can continue to have full confidence in the
integrity of government. The chairs of boards and commissions and the Mayor and Council have
the additional responsibility to intervene when actions of inembers that appear to be in violation of
the Code of Ethics and Conduct are brought to their attention.
City Councilmembers who intentionally and repeatedly do not follow proper conduct may be
reprimanded or formally censured by the Council, lose seniority or committee assignments (both
within the City of Sunnyvale or with inter-government agencies) or have official travel restricted.
Serious infractions of the Code of Ethics or Code of Conduct could lead to other sanctions as
deemed appropriate by Council.
Councilmembers should point out to the offending Councilmember infractions of the Code of
Ethics and Conduct. If the offenses continue, then the matter should be referred to the Mayor in
private. If the Mayor is the individual whose actions are being challenged, then the matter should
be referred to the Vice Mayor.
It is the responsibility of the Mayor to initiate action if a Councilmember's behavior may warrant
sanction. If no action is taken by the Mayor, the alleged violation(s) can be brought up with the full
Council in a public meeting.
Board and Commission Members Behavior and Conduct
Counseling, verbal reprimands and written warnings may be administered by the Mayor to board
and commission members failing to comply with City policy. These lower levels of sanctions shall
be kept private to the degree allowed by law. Copies of all written reprimands administered by the
Mayor shall be distributed in memo format to the chair of the respective board or commission, the
city clerk, the city attorney, the city manager, and the City Council. Written reprimands
administered by the Mayor shall not be included in packets for public meetings and shall not be
publicized except as required under the Public Records Act.
The City Council may impose sanctions on board and commission members whose conduct does
not comply with the City's policies, up to and including removal from office. Any form of discipline
imposed by Council shall be determined by a majority vote of at least a quorum of the Council at
a noticed public meeting and such action shall be preceded by a Report to Council with
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supporting documentation. The Report to Council shall be distributed in accordance with normal
procedures, including hard copies to numerous public facilities and posting online. Any Report to
Council addressing alleged misconduct by a board or commission member shall be routed
through the Office of the city attorney for review of whether any information is exempt from
disclosure (subject to redaction) based on privacy interests authorized under the Public Records
Act.
When deemed warranted, the Mayor or majority of Council may call for an investigation of board
or commission member conduct. Should the city manager or city attorney believe an investigation
is warranted, they shall confer with the Mayor or Council. The Mayor or Council shall ask the city
manager and/or the city attorney to investigate the allegation and report the findings.
The results of any such investigation shall be provided to the full Council in the form of a Report
to Council, and shall be placed on the agenda of a noticed public meeting as "Information Only".
Any such report shall be made public and distributed in accordance with normal procedures (i.e.,
hard copies to numerous public locations and posted online). Any report to Council addressing
the investigation of board and commission members shall be routed through the Office of the City
Attorney for review of whether any information is exempt from disclosure (subject to redaction)
based on privacy interests authorized under the Public Records Act.
It shall be the Mayor and/or the Council's responsibility to determine the next appropriate action.
Any such action taken by Council (with the exception of "take no further action") shall be
conducted at a noticed public hearing. These actions include, but are not limited to: discussing
and counseling the individual on the violations; placing the matter on a future public hearing
agenda to consider sanctions; forming a Council ad hoc subcommittee to review the allegation,
the investigation and its findings, as well as to recommend sanction options for Council
consideration.
Under the City Charter, the City Council also may remove members of boards and commissions
from office. A violation of this Code of Ethics and Conduct shall not be considered a basis for
challenging the validity of a Council, board or commission decision.
D. PRINCIPLES OF PROPER CONDUCT
Proper conduct IS
§ Keeping promises
§ Being dependable
§ Building a solid reputation
§ Participating and being available
§ Demonstrating patience
§ Showing empathy
§ Holding onto ethical principles under stress
§ Listening attentively
§ Studying thoroughly
§ Keeping integrity intact
§ Overcoming discouragement
§ Going above and beyond, time and time again
§ Modeling a professional manner
Proper conduct IS NOT
§ Showing antagonism or hostility
§ Deliberately lying or misleading
§ Speaking recklessly
§ Spreading rumors
§ Stirring up bad feelings, divisiveness
§ Acting in a self-righteous manner
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It all comes down to respect
Respect for one another as individuals respect for the validity of different opinions respect
for the democratic process respect for the community that we serve.
E. CHECKLIST FOR MONITORING CONDUCT
o Will my decision/statement/action violate the trust, rights or good will of others?
o What are my interior motives and the spirit behind my actions?
o If I have to justify my conduct in public tomorrow, will I do so with pride or shame?
o How would my conduct be evaluated by people whose integrity and character I respect?
o Even if my conduct is not illegal or unethical, is it done at someone else's painful expense?
Will it destroy their trust in me? Will it harm their reputation?
o Is my conduct fair? Just? Morally right?
o If I were on the receiving end of my conduct, would I approve and agree, or would I take
offense?
o Does my conduct give others reason to trust or distrust me?
o Am I willing to take an ethical stand when it is called for? Am I willing to make my ethical
beliefs public in a way that makes it clear what I stand for?
o Do I exhibit the same conduct in my private life as I do in my public life?
o Can I take legitimate pride in the way I conduct myself and the example I set?
o Do I listen and understand the views of others?
o Do I question and confront different points of view in a constructive manner?
o Do I work to resolve differences and come to mutual agreement?
o Do I support others and show respect for their ideas?
o Will my conduct cause public embarrassment to someone else?
F. GLOSSARY OF TERMS
attitude
The manner in which one shows one's dispositions, opinions, and feelings
behavior
External appearance or action; manner of behaving; carriage of oneself
civility
Politeness, consideration, courtesy
conduct
The way one acts; personal behavior
courtesy
Politeness connected with kindness
decorum
Suitable; proper; good taste in behavior
manners
A way of acting; a style, method, or form; the way in which thing are done
point of order
An interruption of a meeting to question whether rules or bylaws are being
broken, such as the speaker has strayed from the motion currently under
consideration
point of personal
A challenge to a speaker to defend or apologize for comments that a
privilege
fellow member considers offensive
propriety
Conforming to acceptable standards of behavior
protocol
The courtesies that are established as proper and correct
respect
The act of noticing with attention; holding in esteem; courteous regard
G. IMPLEMENTATION
As an expression of the standards of conduct for members expected by the City, the Sunnyvale
Code of Ethics and Conduct is intended to be self-enforcing. It therefore becomes most effective
when members are thoroughly familiar with it and embrace its provisions. For this reason, this
document shall be included in the regular orientations for candidates for City Council, applicants
to board and commissions, and newly elected and appointed officials. Members entering office
shall sign a statement affirming they read and understood the City of Sunnyvale Code of Ethics
and Conduct. In addition, the Code of Ethics and Conduct shall be annually reviewed by the City
Council, boards and commissions, and the City Council shall consider recommendations from
boards and commissions and update it as necessary.
(Adopted: RTC 08-113 (4/8/08), Update: RTC 09-036 (2/3/09); Updated: RTC 09-047 (2/24/09))
Lead Department: Office of the City Manaqer
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