The proper operation of democratic government requires that
public officials and employees be independent, impartial and responsible
to the people; that government decisions and policy be made in proper
channels of the governmental structure; that public office not be
used for personal gain; and that the public have confidence in the
integrity of its government. In recognition of these goals, there
is hereby established a Code of Ethics for all City of Hayward officials
and employees, whether elected or appointed, paid or unpaid, including
members of boards, committees, and commissions and employees of the
City as well as any individuals who are candidates for elective office
as soon as such individuals file nomination papers with the City.
The purpose of this code is to establish guidelines for ethical standards
of conduct for all such officials and employees by setting forth those
acts or actions that are incompatible with the best interests of the
City of Hayward and by directing disclosure by such officials and
employees of private financial and other interests in matters affecting
the City. The provisions and purpose of this code and such rules and
regulations as may be established are hereby declared to be in the
best interests of the City of Hayward.
Public officials and employees are agents of public purpose
and hold office for the benefit of the public. They are bound to uphold
the Constitution of the United States and the constitution of the
state and municipality and to observe in their official acts the highest
standards of morality and to discharge faithfully the duties of their
office regardless of personal considerations, recognizing that the
public interest must be their prime concern.
Any questions as to the interpretation of any provisions of
this Code of Ethics shall be referred to the Personnel Committee and/or
City Council, which, if it deems it necessary or appropriate, may
request an advisory opinion from the City Attorney.
The Personnel Committee shall have administrative jurisdiction
over this Code of Ethics and shall be deemed the Ethics Committee
for that purpose.
A. The Committee may make recommendations with respect to amendments
to this Code of Ethics.
B. Upon the sworn complaint of any person alleging facts which, if true,
would constitute improper conduct under the provisions of this chapter,
the Ethics Committee shall conduct an investigation of the facts of
the complaint. If the investigation indicates there may be a reasonable
basis for the complaint justifying further investigation, the Ethics
Committee shall conduct a public hearing in accordance with the common
law requirements of due process including notice, an opportunity to
be heard, an opportunity to cross-examine witnesses, and to present
testimony and other evidence in support of the accused's position
and an opportunity to be represented by counsel or other representative
at the expense of the accused. The Ethics Committee shall make written
findings of fact and issue a written decision concerning the propriety
of the conduct of the subject official or employee and shall refer
the matter to the City Council for final disposition.
C. In the event a member of the Personnel Committee is allegedly involved
in an Ethics Code violation, the City's Mayor, subject to the confirmation
of the City Council, shall appoint another Alderman to temporarily
replace the member of the Committee who is under investigation.
D. In the event an employee, covered under a collective bargaining agreement,
is allegedly involved in an Ethics Code violation, the terms and conditions
set forth in the applicable collective bargaining agreement shall
prevail in the administration and interpretation of this Ethics Code.
A determination that a public official's or employee's actions
constitute improper conduct under the provisions of this chapter may
constitute a cause for suspension, removal from office or employment,
or other disciplinary action.