City staff are organized in a hierarchical structure,
and City employees work under the direction and control of several
layers of management culminating with the City Manager. Individual
officials are not part of that management structure and have no authority
to direct employees. When an official attempts to give an employee
direction, the employee is put in an awkward position and the management
structure is undermined. In some cases such actions have the potential
for liability. Officials are not authorized directly to give work
assignments to employees, including department heads. Employees are
instructed not to take directions or work assignments from officials
and to report any such attempts to their department head. An official
may ask a routine question of staff; beyond that, concerns about work
assignment should be addressed to the Mayor and/or the City Manager.
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City employees are directed in their everyday tasks
by their immediate supervisor in accordance with approved work plans.
Interference with an employee's work routine, priorities or decisionmaking
processes by an official creates confusion and stress and places the
employee in the difficult position of either disregarding his or her
assigned work or appearing to disrespect the official's wishes.
All requests for work or research should be directed to the City Manager.
From time to time an official may believe that a problem must be looked
into immediately and is tempted to direct an employee to drop everything
and focus on that problem. Officials must, however, communicate their
concern to the Mayor and/or the City Manager.
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It is critical to the success of the City that its employees
enjoy a workplace free of the fear of retaliation. The City takes
great pride in its creativity and its receptivity to new and different
ideas; an open and nonjudgmental atmosphere fosters creativity where
candor is not penalized. City employees are hired to offer their professional
judgments and opinions. Officials are certainly free to disagree with
those judgments; indeed, those officials ultimately may have the final
word. But those disagreements must not extend to threats or generate
fear of reprisal. Officials enjoy substantial influence within City
Hall; this authority must not be exercised in a manner that intimidates
staff and degrades morale with resulting damage to the fabric of the
organization.
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If an official is concerned about the performance of
a City employee, that concern should be expressed privately to the
City Manager. Such criticisms can then be addressed in accordance
with the City's personnel rules, in a manner that protects the
employee's rights and protects the City's authority properly
to discipline its employees. It is never acceptable for an official
directly to threaten disciplinary action of any kind, and rarely,
if ever, is it appropriate to criticize publicly an employee. Officials
should certainly have high expectations of employees' work performance;
but there is no room in the City organization for public humiliation
of any person.
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When officials engage in conversations with residents,
applicants, developers, lobbyists and officials of other governmental
agencies, they should be cautious not to make representations or promises
that they cannot legally make or keep. Future actions of a legislative
body cannot be promised or predicted with certainty. Individual officials
do not have authority to make commitments on behalf of the City unless
expressly authorized to do so by the body of which they are a member.
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Officials occasionally speak before other public bodies,
neighborhood groups or to the press. When doing so, they should always
make it clear whether they are presenting their own point of view
or whether they have been authorized by the body of which they are
a member to present a particular view. They should be clear in all
oral and written utterances whether they are using their title for
identification purposes or because they are speaking in an official
capacity.
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The City Manager cannot function effectively if he or
she receives inconsistent direction from individual Council members
or is not given the support and independence necessary to administer
the City. Questions and/or concerns regarding the priorities of the
City government shall be brought to the attention of the Mayor.
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The City Manager is charged with the implementation
of approved projects or programs. City Council members must avoid
interfering with or directing the Manager's method of carrying
out the City Council's decisions, even if the project or program
was conceived and initiated by an individual Council member. Once
a project or program receives Council approval, it is an official
activity of the City, not of any individual Council member. Officials
do not have authority and should refrain from giving directions or
instructions to City contractors or consultants working on City projects
or programs.
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City letterhead must be used with care to avoid misunderstandings.
Letterhead may be used to communicate official City policy or actions.
It is also routinely used by officials to respond to inquiries or
communicate their individual opinions, in which event the author should
be clear about whose view is being presented. City letterhead may
be used by other City officials (board and commission members) only
for transaction of official City business.
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It is improper to ask or require a City employee to
engage in non-City-related activities. Non-City activities include,
among other things, election campaign related activities and personal
errands. Further, City employees should not be solicited to engage
in political activity on behalf of a City official.
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Officials often acquire information in performing their
duties that is not generally available to the public, including information
received in closed sessions. Sometimes this information is confidential
or highly sensitive. Information that is not generally available to
the public must remain confidential and be used only for the purposes
for which it was divulged. In particular, this information can never
be used for personal gain.
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Whenever an official is representing the City, in or
out of town, the official is "on duty" and should behave in a manner
that will reflect well on the City. When out of town or at social
events there is a temptation to behave more informally than one might
in City Hall, which can lead to awkward or embarrassing situations
and in extreme cases to improper or illegal behavior. When at government,
civic or political functions, officials should avoid drinking alcohol
to excess.
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The public's confidence in the integrity and fairness
of City government often hinges on the behavior of the officials.
Real or perceived ethical lapses by the officials undermine the effectiveness
of the City and cast a shadow on the decisions of its legislative
bodies. Often, ethical considerations extend beyond the legal requirements
of conflict of interest law.
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