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HomeMy WebLinkAboutCVMC Chapter 2.01 Code of EthicsChula Vista Municipal Code 2.01.030 Chapter 2,01 CODE OFETHICS Sections: 2.01.010 2.01.020 2.01.030 2:01.040 2.01.010 Establishment of the code of ethics. Application of the code of ethics. Code of ethics. Severability. Establishment of the code of ethics. Public office is a public Bast and City officials shall exeMse their public duties in a manner that Neserves that trust. The public's trust can lJest be preserved if City officials adhere to a high standard of ethics that transcends the standards prescribed by law. High ethical standards require that all City officials unde1 tand and avoid unethical behavior. Unethical behavior can develop in a variety of Sit uations, but it occurs when the public interest is not the sole and paramount interest in all actions con ducted by all City officials. The propose of this Chapter is to encourage the highest stundards of behavior by City officials, increase public confi dence in City officials, to identify and take appro priate action with respect to unetNcal behavim, and to assist City officials with decision-making in areas of ethical concern. Accordingly, the code of ethics is herebyestablished. (Ord. 32_64 § 1, 2013). 2.01.020 Application of the code of ethics. The code of ethics shall apply only to City offi rials. "City officials" shall mean members of the Chula Vista City Council,,incinding the Mayor, the City Manager, the City Attorney, fire City Clerk, board members and commissioners, Assistant City Managers, City department heads, as well as ex City officials who were subject to this chapter. The Board of Ethics shall investigate violations of the code of ethics as set forth in Chapter 2.28 CVMC. (Ord. 3264 § 1, 2013). 2.01.030 Code of ethics. The code of'ethics is divided into two areas: guiding principles, as set forth in subsections (A) and (B) of this section, and specific prohibitions, as set forthin subsection (C) of this section. The guid ing principles are intended to provide a set of prin alples from which City officials can draw upon to assist them in conducting the public's business. As such, the guiding principles are directory in nature and not subject to the complaint procedures set forth in CVMC 2.28.090 through 2.28.150. The specific prohibitions are actions that City officials shall not engage in, and, as such, are subject to the complaint procedures set forth in CVMC 2.28.090 through 2.28.150.A. Guiding Principles. The public judges itsgovernment by the way City officials conduct themselves in the posts to which they are elected or appointed. All City officials should eundnct them selves in a manner that will tend to preselwe public confidence in, and respect for, the government they represent. The pnrpose of these guiding prinalples is to encourage the highest stundards of behavior by City officials, transcending the standards required by law; increase public confidence in the City officials that serve the public; and assist City officials with decision-malting in areas of ethical concern. City officials, in the performance of their duties, should strive to adhere to the following guiding principles:1. City officials are agents of public purpose "and held office for the benefit of fire public. As such, City officials have a duty to act in the best interests of the public.. City officials must strive to protect the public's resources through diligent and judicious management.2. City officials should not engage in, per mit, o1' condone frand, but shou!d be proaetive to identify fi'aud and seek to correct the canses that lead to the fraud. Frand in public service includes, but is not limited to, making false or misleading representations about a material fact or engaging in deceitful conduct. 3. City officials should not engage in, per mit, or condone waste, but should be proactive to identify waste and seek to correct the causes that lead to the waste. Waste in public service involves the extravagant, careless, o1' 11eedless expenditure of City funds, or the consumptipn of City propely,that results from deficient practices, systems, con trols, or decisions. 4. City officials should not engage in, per mit, or condone abuse, but should be proactive to "identify abuse and seek to correct the causes that lead to the abuse; Abuse involves the hnproper use of City resources, including abuse of position, authority, or resources such as tolls, vehicles, or other City property.5. City officials must be loyal to the public they serve and should put the public's intesests above theh' personal interests. 6. City officials must protect and enhance the image and reputation of the City. 7. City officMs must treat all citizens con ducting business with the City with due courtesy, 2-3 (Revised 8/13) 2.01.030 ? • efficiency, and impartMity, and no one citizen shall receive special advantage. 8. City officials must always be mindN1 of the public trust and confidence in the exercise of their assigned duties and shafl refuse to condone breaches of public trust or improper attempts to influence the decision-malting process. 9. City officials must always be mindful of conflict of interest laws and abide by them. 10. City officials nmst be aware of all their financial interests, tha'eby ensuring that such financial interests do not influence their conduct or actions. 11. City offialals should avoid an appearance of a conflict of interest when possible. Recusal o1" abstention is appropriate when' a good faith deter mination has been made by the City official that such action is required. However, elected officials subject to this chapter m'o reminded that they are elected to conduct the public's business and should not abstain or recase themselves without cause. 12. City officials at'e expected to abide by ali local, state, and federal laws. 13. The City values the ability of the boards and commissions to provide honest, forthright, learned, and independent advice to the City, thereby fostering greatar public input into the con duct of City government. Accmdingly, while City officials may attend City board and commission meeting, City officials should be mindful that their actions, whether intentional or not, may unduly impair o1' influence tim boards' and commissions' ability to provide honest, forthright, learned, and independent advice to the City and, therefore, City officials should avoid such actions.B. Additional Guiding Principles for Board of Ethics Memba's. In addition to the guiding princi ples set fol h in subsectiou (A) of this section, Board of Ethins members should adha'e to the fol lowing: 1. A Board of Ethins member that is a candi date for elected office should not engage in politi cal or campaign activity that is incousistent with the independence, integrity, or imparLiality of the Board of Ethics, including, but not limited to, com menting on complaints that have been before or may appear before the Board of Ethics or eMors ing another candidate for any elected office using their title as current or fomler Board of Ethics member. A reference by a Board of Ethics mem ber, in their own campaign materials, that they are or have been a membar of the Board ofEtl cs alune does not violate this guiding principle. ' 2. ABoardofEthicsmembershouldcoaduct their outside activities so as to minimize the risk ofconflicts with their duties as a Board of Ethics member. 3. A Board of Ethics member should per 'form their duties impm'ially. To accomplish the. aforementioned guiding principle, a Board of Eth ics member should refrain from pa'tMpating in a matter before the Boa'd of Ethics when they have a persanal interest in the matter ol, outside of a Board of Ethics meeting, have advocated, sup ported, or taken a position on that matter.C. Specific Prohibitions. It is prohibited and shall be deemed unethical for a City official to engage in one or more of the following actions: 1. Accept gifts, favors, or promises of fixturebenefits, which might compromise or tend to impair independence of judgment or action. 2. Use their official title or position for per sonal gain. Personal gain includes, but is not lim ited to, situations wherein a City official solicits or accepts items of value in consida'ation of their official title or position. This section does not include obtahfiag benefits that are otherwise autho rized by law. 3. Divulge cmffidential information for per sonal gain or for the gain of associates in a rammer contrary to the public interest or in violation of any law. 4. Use or permit the use of City resources including but not limitedto funds, seals or logos, City t]me, personnel, supplies, equipment, identifi cation cards/badges or facilities for unapproved non-City activities, except when available to the general public, provided for by administrative reg nlatlans or policies, or approved by City Council. 5. For current City officials, appeat'onbehalf of the private inta'ests of third parties before the CmmciI or any boat'd, commission or Woceeding of the City; nor shall memba's of boa'ds, commis sions, and other advisory boards 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 solstice of their bodies, except for limited exceptions, as provided for in Fair Political Practices Commission Regulations, including Section 18702.4.6. No ex-City official (not including former elected City officials) for a pariod ofnne yea" after leaving office or employment shall, for compensa tion, act as an agent or attorney for, or otherwise represent, any other person by making oral or writ ten communication before any City administrative office or agency or officer or employee thereof, if (Revised 8/13) 2-4 '" " Chula VistaMunicipal Code 2.01.040 the appearance of communication is made for the purpose of influencing any action o1" proceeding involving the issuance, amendment, awarding, ,m" revocation of a pcnnit, license, grant, or contract for the sale or pro'chase of guods or proparty. 7. No former member of the City Council, including the Mayor, shall be eligible to appear as a compensated representative at any time before the Council, or may commission, board, or City staff in connection with any case o1' other matter with which he/she personally participated while an official o1' employee of the City for 12 months following the date of separation from elected or appointed office, except by permission of the CityCouncil tinding on four-fifths vote that special identified and articulated circumstances exist, cast at a regular public meeting takan ariel' the involved member of the City Couneli has left office. Such special identified and articnlated ch'cumstances include, but m'e not limited to, determinations that it is in the best interest of the City to penuit such representation, that the former Counellmembel, including the Mayor, is uniquely qualified to appear on rile matter, or it is impractical to requite mlother representative to appear on the matter. 8. Endorse oi" recommend for compansation any commercial product or service in the name ofthe City or in the employee's official capacity within the City without prior approval by a City Cotmell policy. 9. Violate Government Cede Section 87100 related to financial interests and governmental decisions made by them. If a complaint is filed with the B om:d of Ethics alleging a violation of this subsection, the Board of Ethics recognizes that the Fah" Political Practices Commission ("FPPC'°) is the primary enforcement authority of the PoliticalReform Act and that their decisions should be given great weight. As such, if a complaint is flied concurranfly, their the Board of Ethics may defer action on such allegation, as set forth in this chap ter. If a complaint is not filed conanrrently, the Board of Ethics may submit a complaint to the FPPC aM defer action until such complaint is addressed by the FPPC. A ruling on the merits by the FPPC may he accepted as a timing of the Board. 10. No City official shall coerce any of their subordinates or any other City employee to partic ipate in an election campaign, contribute to a can didate or political committee, engage in any other political activity relathag to a particular party, can didate, or issue, or to refrain from engaging in anylawful political activity. A general statement encouraging another person to vote does not vio late this prohibition. 11. No City official shall display campaign materials in any City-owned vehicle under their control and operated by that City official. Cam paign materials inelMe, but are not limited to, bumper stickers, signs, or othar similar items. 12. No City official shall aid and abet another City official to violate the specific prohibi tions enumerated in this subsection, nor shall they aid and abet any person to engage in conduct that would constitute aviolation of the specific prohibi tions enumerated in this subsection on their behalf. 13. No City official shall negotiate for employment with any person, firm, or organization at the same time that aforementioned person, firm, or organization has a matter pending before City Council, board or commission, or a City depml mant and upon which the City official must act or make a recommendation. (Ord. 3264 § 1, 2013 ). 2.01.040 S verability. : If any provision of this chapter, or the applica tion of any such provision to any person or cirbum stance, shall be held invalid, the remainder of this chapter to the extent it can be given effect, or the application of those provisions to persons or cir cumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter m'e severable. Ord. 3264 § 1, 2013). 2-5 (Revised 8/13)