Whenever the terms "code" or "this code" are used in this article,
they shall mean the Code of Ethics of the City of Escondido.
The proper operation of democratic government requires that:
(1)
Public
officials and employees be independent, impartial and responsible
to the people;
(2)
Government
decisions and policy be made in the proper channels of the government
structure;
(3)
Public
office not be used for personal gain;
(4)
The
public have confidence in the integrity of its government.
(Code 1957, § 1591)
This article shall be known as, and may be cited as, the Code
of Ethics of the City of Escondido.
(Code 1957, § 1591)
The purpose of this code is to establish ethical standards of
conduct for all officials and employees of the city by setting forth
those acts or actions that are incompatible with the best interests
of the city and by directing disclosure by such officials and employees
of private financial or other interests in matters affecting the city.
(Code 1957, § 1591)
(a)
This
code shall apply to all officials and employees of the city, whether
elected or appointed, paid or unpaid, and shall be operative in all
instances covered by its provisions except when superseded by an applicable
provision of state law.
(b)
When
a person has doubt as to the applicability of a provision of this
code to a particular situation, he should apply to the authority on
ethical conduct constituted for the implementation of this code for
an advisory opinion and be guided by that opinion when given. Such
person shall have the opportunity to present his interpretation of
the facts at issue and of the applicable provisions of the code before
such advisory decision is made.
(Code 1957, §§ 1591, 1597)
A violation of any provision of this code should raise conscientious
questions for the councilman or other official or employee of the
city concerned as to whether voluntary resignation or other action
is indicated to promote the best interest of the city. A violation
may constitute a cause for suspension, removal from office or employment
or other disciplinary action but shall not subject the violator to
the penalty provisions of section 1-13.
(Code 1957, § 1598)
Public officials and employees are agents of public purpose
and hold office for the benefit of the public. Such persons are bound
to uphold the constitution of the United States and the constitution
of this state and to carry out impartially the laws of the nation,
state and municipality and thus to foster respect for all government.
Such persons are bound 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 primary concern. Such persons conduct
in both their official and private affairs should be above reproach.
(Code 1957, § 1592)
(a)
All
officials and employees of the city should be loyal to the political
objectives expressed by the electorate and the programs developed
to attain those objectives.
(b)
Appointive
officials and employees should adhere to the rules of work and performance
established as the standard for their positions by the appropriate
authority.
(c)
Officials
and employees should not exceed their authority or breach the law
or ask others to do so, and they should work in full cooperation with
other public officials and employees unless prohibited from so doing
by law or by officially recognized confidentiality of their work.
(Code 1957, § 1593)
Canvassing of members of the council, directly or indirectly,
in order to obtain preferential consideration in connection with any
appointment to the municipal service shall disqualify the candidate
for appointment except with reference to positions filled by appointment
by the council.
(Code 1957, § 1594(a))
No person shall grant any special consideration, treatment or
advantage to any citizen beyond that which is available to every other
citizen.
(Code 1957, § 1594(c))
No person shall request or permit the use of city-owned vehicles,
equipment, materials or property for personal convenience or profit,
except when such services are available to the public generally or
are provided as municipal policy for the use of such person in the
conduct of official business.
(Code 1957, § 1594(b))
(a)
No
person shall engage in any business or transaction or shall have a
financial or other personal interest, direct or indirect, which is
incompatible with the proper discharge of his official duties in the
public interest or would tend to impair his independence of judgment
or action in the performance of his official duties. Personal as distinguished
from financial interest includes an interest arising from blood or
marriage relationship or close business or political association.
(b)
Specific
conflicts of interest are enumerated below for the guidance of officials
and employees:
(1)
Incompatible employment. No person shall engage in or accept private
employment or render services for private interests when such employment
or service is incompatible with the proper discharge of his official
duties or would tend to impair his independence of judgment or action
in the performance of his official duties.
(2)
Disclosure of confidential information. No person shall, without
proper legal authorization, disclose confidential information concerning
the property, government or affairs of the city. Nor shall such person
use such information to advance the financial or other private interest
of himself or others.
(3)
Gifts and favors. No person shall accept any valuable gift, whether
in the form of service, loan, thing or promise, from any person, firm
or corporation which to his knowledge is interested directly or indirectly
in any manner whatsoever in business dealings with the city; nor shall
any such person:
(4)
Represent private interests before city agencies or courts. No person
whose salary is paid in whole or in part by the city shall appear
in behalf of private interests before any agency of the city. Such
person shall not represent private interests in any action or proceeding
against the interests of the city in any litigation to which the city
is a party. A councilman may appear before city agencies on behalf
of constituents in the course of his duties as a representative of
the electorate or in the performance of public or civil obligations;
however, no person shall accept a retainer or compensation that is
contingent upon a specific action by a city agency.
(5)
Contracts with the city. Any person who has a financial interest
in any business entity, transaction or contract with the city, or
in the sale of real estate, materials, supplies or services to the
city, shall make known to the proper authority such interest in any
matter on which he may be called to act in his official capacity.
(6)
Disclosure of interest in legislation. A councilman who has a financial
or other private interest in any legislation shall disclose on the
records of the council, or other appropriate authority, the nature
and extent of such interest. This provision shall not apply if the
councilman disqualifies himself from voting. Any other person who
has a financial or other private interest, and who participates in
discussion with or gives an official opinion to the council, shall
disclose on the records of the council or other appropriate authority
the nature and extent of such interest.
(Code 1957, § 1595)
(a)
No
appointive official or employee in the administrative service of the
city shall use the prestige of his position in behalf of any candidate
for municipal office.
(b)
No
official or employee, whether elected or appointed, shall promise
an appointment to any municipal position as a reward for any political
activity.
(Code 1957, §§ 1582, 1583, 1596)
