The proper operation of municipal government requires that public elected officials and the officials appointed by the city council to its various boards and commissions be independent, impartial, and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public offices 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 established a code of ethics for all elected officials and officials appointed by the city council to its various boards, commissions and committees. The purpose of this chapter is to establish ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the best interests of the city and by directing the disclosure by such officials of private financial or other interests in matters affecting the city. The provisions of this chapter and such rules and regulations as may be established are hereby declared to be in the best interest of the city and for the protection of the public health, safety and welfare of its citizens.
(Ord. 696-92 § 1)
A. 
Public officials are all elective officials of the city and the members of all official boards, commissions and committees of the city.
B. 
Public officials hold office for the benefit of the public. They are bound to uphold the Constitutions of the United States and the state of California and to carry out with impartiality the laws of the nation, state and the city and thus to foster respect for all governments. They are bound to observe, in their official acts, the highest standards of integrity and to discharge faithfully the duties of their office, regardless of personal considerations. Recognizing that the public interests must be their primary concern, their conduct in both their official and private affairs should be above reproach.
(Ord. 696-92 § 1)
Preferential consideration of the request or petition of any individual citizen or groups of citizens shall not be given. No person shall receive special advantage beyond that which is available to any other citizen.
(Ord. 696-92 § 1)
Officials shall not intentionally exceed their authority or intentionally breach the law, or ask others to do so, and owe a duty to cooperate fully with other public officials unless prohibited from doing so by law or by the officially recognized confidentiality of their work.
(Ord. 696-92 § 1)
A. 
Interest in Appointments. The 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.
B. 
Use of Public Property. No official 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, and in the same manner as available to the public, or are provided as municipal policy for the use of such official in the conduct of official business. No official shall use the time of any city employee during working hours for personal convenience or profit.
C. 
Obligations to Citizens. No official shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen.
(Ord. 696-92 § 1)
A. 
No elected or appointed public official shall engage in any business or transaction or shall have a financial or personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties in the public interests, or which would tend to impair independence of judgment or action in the performance of his or her official duties. Personal, as distinguished from financial, interests shall include interests arising from blood or marriage relationships or close business associations.
B. 
Specific conflicts of interest are enumerated as follows for the guidance of public officials:
1. 
Incompatible Employment. No elected or other public official 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 or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties.
2. 
a. 
Disclosure of Confidential Information. No elected or public official shall, without proper legal authorization, disclose in any manner confidential information concerning the personnel, property, government, or affairs of the city in any manner acquired by the official, nor shall he/she use such information to advance the financial or other private interests of him/herself or others.
b. 
Confidential information as contained herein shall be as defined by the laws of the state.
3. 
Gifts and Favors. No elected or public official shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the city; nor shall any such official:
a. 
Accept any gift, favor or thing of value that may tend to influence a public official in the discharge of his or her duties, or which is intended as a reward for any official action on his or her part; or
b. 
Grant in the discharge of his or her duties any improper favor, service or thing of value.
4. 
a. 
Representing Private Interests Before City Agencies or Court. No council member or other public official shall appear on behalf of private interests in any action or proceeding against the interests of the city in any litigation to which the city is a party unless expressly authorized by action of the city council.
b. 
A council member may appear before city agencies on behalf of constituents in the course of his or her duties as a representative of the electorate or in the performance of public or civic obligations. However, no council member or other public official shall accept a retainer or compensation that is contingent upon specific action by a city agency.
5. 
Contracts with the City. Any council member or public official shall not have a financial interest in any business transaction, or contract with the city, or in the sale of real estate, materials, supplies or services to the city, except as permitted in the conflict of interest statutes of the state (Government Code Section 1090, et seq.).
6. 
Disclosure of Interests in Legislation. A council member 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.
7. 
Representation of the Whole Body. No individual member of the council or of any board or commission appointed by the council shall make a public representation that he/she speaks on behalf of the council or board or commission on a policy issue unless authorized to do so by majority direction of the council, board or commission.
(Ord. 696-92 § 1)
A. 
No elected official or public official shall encourage, make or accept an ex parte or other unilateral application or communication that excludes the interest of other parties in a matter under consideration when such application or communication is designed to influence the official decision or conduct of the official or other officials, employees or agencies in order to obtain a more favored treatment or special consideration to advance the personal or private interests of him/herself or others. The purpose of this provision is to guarantee that all interested parties to any matter shall have equal opportunity to express and represent their interests.
B. 
Any written ex parte communication received by an elected or public official in matters where all interested parties should have an equal opportunity for a hearing shall be made a part of the record by the recipient.
C. 
Any oral ex parte communication received under such conditions should be written down in substance by the recipient and also made a part of the record.
D. 
A communication concerning only the status of a pending matter shall not be regarded as an ex parte communication.
(Ord. 696-92 § 1)
Public officials, whether elected or appointed, should conduct their official and private affairs so as not to give a reasonable basis for the impression that any such official or employee can be improperly influenced in the performance of his or her public duties. Such officials should also conduct themselves as to maintain public confidence in their performance of the public trust in the government they represent. They should not be a source of embarrassment to that government and should avoid even the appearance of conflict between their public duties and private interests.
(Ord. 696-92 § 1)
No council member or other public official shall possess any substantial or controlling investment, direct or indirect, in any financial, business, commercial or other private transaction which creates or may create a conflict with official duties, nor shall they invest to such degree in any business regulated or licensed or doing business with the city, nor shall they be a party to any transaction on which they may be called to make a decision in an official capacity, subject only to the exceptions provided in the state conflict of interest laws (Government Code Sections 1090, et seq.).
(Ord. 696-92 § 1)
It shall be improper for any former elected or appointed public official to appear as a compensated representative at any time before the council, or any of its agencies in which they formerly served, in connection with any case or other matter with which such former official was duly connected in a policy-making capacity while an official of the city for six months following the termination of the official's service. Such official may be released from the obligation imposed by the provisions of this section upon the submission of a written request to the council in advance of his or her proposed appearance and a certification that, while an official of the city, such official took no action or obtained no information which would prejudice his or her conduct or presentation, either at the time he/she was an official, or at the time of the presentation. Such release shall be by majority action of the council.
(Ord. 696-92 § 1)
When a council member or other public official has doubts as to the applicability of a provision of this chapter to a particular situation, he/she should apply to the council for an advisory opinion and be guided by that opinion when given. The council member or other official shall have the opportunity to present their interpretations of the facts at issue and of the applicable provisions of this chapter before such advisory decision is made. The provisions of this chapter shall be operative in all instances covered by such provisions, except when superseded by applicable statutory provisions or when the application of a statutory provision is discretionary but determined to be more appropriate or desirable.
(Ord. 696-92 § 1)
In addition to any other penalties or remedies provided by law, any violation of the provisions of this chapter shall constitute a cause for suspension, removal from a board, commission or committee or other disciplinary action after notice and hearing conducted by the city council.
(Ord. 696-92 § 1)