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 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 officials and employees, whether elected or appointed, paid or unpaid. The purpose of this Code of ethics is to establish ethical standards of conduct for all such officials and employees by setting forth those acts or actions which are incompatible with the best interests of the City and by directing the disclosure by such officials and employees of private financial or other interests in matters affecting the City. The provisions and purposes of this Code of ethics and such rules and regulations as may be established are declared to be in the best interests of the City and for the protection of the public health, safety and welfare of its citizens.
(Prior code § 31.45)
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 to carry out impartially the laws of the nation, the state, and the City and thus to foster respect for all government. Public officials and employees are bound to observe in their official acts the highest standards of performance and to discharge faithfully the duties of their office, regardless of personal consideration. Recognizing that the public interest must be their primary concern, their conduct in both their official and private affairs should be above reproach.
(Prior code § 31.46)
A. 
All officials and employees of the City owe a duty of loyalty to the political objections expressed by the electorate and the programs developed by the Council to attain those objectives. Appointive officials and employees should adhere to the rules of work and performance established as the standard for their positions by the appropriate authority.
B. 
Officials and employees should not exceed their authority or breach the law, or ask others to do so, and owe a duty to cooperate fully with other public officials and employees, unless prohibited from doing so by law or by the officially recognized confidentiality of their work.
(Prior code § 31.47)
A. 
Interest in Appointments. Canvassing members of the Council, directly or indirectly, in consideration or 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 or employee 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 official or employee in the conduct of official business.
C. 
Obligations to Citizens. No official or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.
(Prior code § 31.48)
A. 
No appointive official or employee shall orally, by letter, or otherwise, solicit or participate in soliciting any assessment, subscription, or contribution to any political party during working hours on the premises of any governmental property owned by the City and shall at all times conform to the provisions of the California Government Code.
B. 
No official or employee, whether elected or appointed, shall promise an appointment to any position with the City as a reward for any political activity.
(Prior code § 31.50)
When a Councilmember or other official or employee has doubt as to the applicability of a provision of this Code of ethics to a particular situation, he or she should apply to the Council for an advisory opinion and be guided by that opinion when given. Such Councilmember or other official or employee shall have the opportunity to present his or her interpretation of the facts at issue and of the applicable provisions of this Code of ethics before such advisory decision is made. This Code of ethics shall be operative in all instances covered by the provisions of this chapter, except when superseded by applicable statutory provisions or when the application of a statutory provision is discretionary but determined to be more appropriate and desirable.
(Prior code § 31.51)
A. 
No official or employee shall encourage, make, or accept any ex parte or other unilateral application of communication which excludes the interests 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 or herself or others. The purpose of this provision is to guarantee that all interested parties to any matter shall have an equal opportunity to express their interests.
B. 
Any written ex parte communication received by an official or employee in a matter 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.
(Prior code § 31.52)
Public officials and employees, whether appointed or elected, full-time or part-time, paid or unpaid, 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 duties. Such officials or employees should so 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.
(Prior code § 31.53)
No person shall be appointed to, or removed from, or in any way favored or discriminated against with respect to, any appointive administrative office because of the person’s race, age, religion, national origin, sex, physical handicap, or political affiliation if otherwise qualified for the position or office. This provision shall not be construed to impair administrative discretion in determining the requirements of a position or in a job assignment of a person holding such a position, subject to review by the Council.
(Prior code § 31.54)
No Councilmember or other official or employee, whether paid or unpaid, 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 his or her official duties, nor shall any Councilmember invest to such degree in any business regulated or licensed by or doing business with the City in which that Councilmember is employed, or be a party to any transaction on which he or she may be called to make a decision in an official capacity, subject only to the exceptions provided in the conflict of interest sections of the California Government Code (California Government Code, Section 1090 et seq.).
(Prior code § 31.55)
An official or employee, whether paid or unpaid, who has a direct financial or other interest in any transaction, the disposition of which may be influenced by the officer’s or employee’s official position or action, shall disclose all sources of income and the nature and extent of any personal interest in such transaction as an official, agent, member, or owner of any business entity or other association which is subject to regulation by the City when such income or interest may represent a substantial conflict of interest with his or her official duties. Such disclosure shall be made on the records of the Council or to the appointing authority. Such disclosure may be made periodically at the time designated for all such classes of officials or employees. Such disclosure shall remove any presumption of a conflict of interest for any transaction where the information disclosed is pertinent.
(Prior code § 31.56)
All persons accepting and/or providing campaign contributions must comply with all applicable State law and Fair Political Practices Commission’s Regulations.
(Ord. 551 9-16-14; Ord. 580 6-21-16; Ord. 633 10-17-17; Ord. 703 12-3-19)
It shall be the duty of municipal employees to answer questions submitted to them by respectfully constituted authority which questions may reflect upon the employee’s fitness for municipal office or employment. If any City officer or employee, after reasonable notice and opportunity to answer, is called upon or requested to give testimony or to produce evidence upon relevant matters pertaining to his or her office or position in connection with any lawful or constitutional inquiry conducted by the Council, the Riverside County Grand Jury, County District Attorney, City Attorney, any state or federal legislative committee, or the Attorney General of the state, such officer or employee, to the best of his or her ability, shall answer such inquiries or shall submit a statement of reasons for the refusal thereof to the Council for its consideration. The Council, where permitted by law, shall thereafter inform such officer or employee whether or not such officer or employee is required as a condition of continued employment to answer such questions. If the Council instructs such officer or employee to answer such questions, and the officer or employee continues to refuse to answer the questions thus propounded, such officer or employee shall resign on the request of the Council or shall forfeit his or her position at the suit of the City. Nothing in this provision shall be construed to impair a constitutional or civil right.
(Prior code § 31.57)
In addition to any other penalties or remedies provided by law, including as provided in this Municipal Code, any violation of the code of ethics shall constitute a cause for censure, which censure shall be approved by a majority vote of the City Council.
(Prior code § 31.58; Ord. 583 8-16-16)