The provisions of this chapter shall apply to all elected and
appointed office holders, employees whether contract, full time or
part-time, regardless of the source of funding for the position and
volunteers who serve in ongoing roles with the city that exceed one
month in duration ("party" or "parties").
(Ord. 1859 § 1, 2011)
The proper operation of a democratic government requires that
public officials and employees be independent, impartial, and responsible
to the people; that governmental decisions and policies be made in
proper channels of the governmental structure; that the public office
not be used for personal gain; and that the public has confidence
in the integrity of its government. In recognition of these goals,
there is hereby established a code of ethics and conduct ("code")
that is applicable to all parties. The purpose of this code is to
establish ethical standards of conduct for all such parties by setting
forth those acts or actions that are incompatible with the best interest
of the city and the public and by ensuring disclosure by such parties
of private financial or other interest in matters affecting the city
as required by state law. The provisions and purpose of this code
and such rules and regulations as may be established are hereby declared
to be in the best interest of the city of Upland. These standards,
as set forth in this chapter, are intended to supplement and be cumulative
to all applicable laws, policies and regulations otherwise applicable
to the parties. The sections of this chapter that apply existing state
or federal law or regulation do so not to preempt state or federal
law but instead are intended to ensure notice and disclosure of the
same to all parties.
(Ord. 1859 § 1, 2011)
Parties who are elected officials or appointed office holders
hold office for the benefit of the public and are bound to uphold
the Constitution and laws of the United States, of this state and
municipality, and thus to foster respect for all levels of government.
They are bound to observe and comply with both the letter and the
spirit of the law in their official acts, the highest standards of
morality and honesty and to discharge faithfully the duties of their
office regardless of personal considerations, recognizing that the
public interest must be their primary concern. Their conduct in both
their official and private affairs should be above reproach at all
times.
As state law requires, no one who holds office, or who is seeking
election or appointment to, any office or employment in the city shall,
directly or indirectly, use, promise, threaten, or attempt to use,
any office, authority, or influence, whether then possessed or merely
anticipated, to confer upon or secure for any individual person, or
to aid or obstruct any individual person in securing, or to prevent
any individual person from securing, any position, nomination, confirmation,
promotion, or change in compensation or position, within the state
or local agency, upon consideration or condition that the vote or
political influence or action of such person or another shall be given
or used in behalf of, or with-held from, any candidate, officer, or
party, or upon any other corrupt condition of consideration. This
prohibition shall apply to urging or discouraging the individual employee's
action. (Government Code Section 3204.)
(Ord. 1859 § 1, 2011)
A.
All
parties are required to be loyal to the objectives expressed by the
electorate and the programs developed by policymaking officials which
are intended to attain those objectives. Parties are, at all times,
required to adhere to the rules of the workplace and performance established
as the standards for their positions by the appropriate authority.
B.
Parties
should never 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 doing so by law or
by legally required or recommended confidentiality of their work.
(Ord. 1859 § 1, 2011)
A.
Interest
in Appointments. Canvassing of members of the council, boards, or
commissions in order to obtain preferential consideration in connection
with any appointment to an office of the city of Upland shall disqualify
the candidate for appointment, except when an official or employee
is used as a reference for appointment.
B.
Obligations
to Citizens. No party shall grant any special consideration, treatment,
or advantage to any citizen beyond that which is available or granted
to every citizen.
(Ord. 1859 § 1, 2011)
Pursuant to the regulations of the Fair Political Practices
Commission and the California Government Code and the cases arising
thereunder no party shall engage in any business or transaction or
shall have a financial or other personal interest, direct or indirect,
which would interfere with the proper discharge of their official
duties in the public interest or would tend to impair their independence
of judgment or action in the performance of official duties. Personal,
as distinguished from financial interest, includes an interest arising
from blood marriage relationships or close business or political association.
Specific examples of conflicts of interest are enumerated below for
the guidance of the parties:
A.
Outside
Employment. Subject to the city's personnel rules or adopted agreement
no party shall engage in, or accept, private employment or render
services for private interest when such employment or service is incompatible
with the proper discharge of their official duties or would tend to
impair their independence of judgment or action in the performance
of their official duties.
B.
Disclosure
of Confidential Information. No party shall, without proper prior
legal authorization, disclose confidential information concerning
the property, government, or affairs of the city, including those
arising from closed sessions. No party shall use confidential information
to advance the financial or other private interest of themselves or
third parties.
C.
Gifts
and Favors. Pursuant to the regulations of the Fair Political Practices
Commission and the California Government Code and the cases arising
thereunder no party shall accept any services or gift with a value
in excess of $420.00, as adjusted by the state of California from
time to time, whether in the form of service, loan, thing, or promise
from any person, firm, or corporation which their knowledge is interested
directly or indirectly in any manner whatsoever in business dealings
with the city; nor shall any such official or employee: (1) accept
any gift or favor that will tend to influence them in the discharge
of duties; or (2) grant, in the discharge of duties, any improper
favor, service, or thing of value. The city may allow the use of a
gift by all the employees at the work site, at the discretion of the
department head.
D.
Representing
Private Interest Before City Agencies or Courts. Consistent with state
law and the regulations of the Fair Political Practices Commission
no party shall appear on behalf of private interest before any agency
of the city. No party shall represent a private interest in any action
or proceeding directly against the interest of the city in any litigation
to which the city is a party except as expressly permitted by law.
E.
Contracts
with the City. In the event a prohibition arising under Government
Code Sections 1090 through 1091.5 is not applicable any party who
has a substantial or controlling financial interest in any business
entity, transaction, or contract with the city, or in the sale of
real estate, materials, supplies, or service to the city, shall make
known to the proper authority such interest in any matter on which
they may be called to act in their official capacity. They shall refrain
from voting upon or otherwise participating in the transaction or
the making of such contract or sale.
F.
Disclosure
of Interest in Legislation and Policy Discussions.
1.
Consistent
with state law and regulation a councilmember or mayor who has a financial
or other private interest in any legislation shall disclose, on the
record of this council or other appropriate author, the nature and
extent of such interest and participate unless it is necessary or
desirable to recuse themselves from the matter.
2.
Any
other party 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.
H.
Political
Campaign Contributors. Any party receiving campaign donations in an
amount that exceeds the value of $1,000.00 whether by cash, loan,
thing, or in-kind, from any person, firm, corporation or associated/related
group with known ties to issues before a voting body of the city,
shall not vote upon or otherwise participating in the discussion of
said issue before the voting body for a period of one year from the
date of the donation.
(Ord. 1859 §1, 2011)
No party shall request the use of or permit or suffer the use
of city-owned vehicles, equipment, materials, personnel or property
for personal convenience or profit, except when such services are
available to the public generally, or provided as municipal policy
for use of such official or employee in the conduct of official business
or otherwise set by city policy.
(Ord. 1859 § 1, 2011)
A.
Parties
shall not report to work under the influence of drugs or alcohol or
utilize such substances during the work day or when assigned to standby
duty.
B.
Parties
shall not gamble on city property.
C.
Parties,
paid or non-paid, representing an employee group, or organization,
verbally or nonverbally, by direct or inference, or by display of
emblem, badge, or logo, shall not solicit political support on behalf
of election candidates during work hours. Employees are not prevented
by this policy from acting as individual citizens or of non city employee
group affiliation at any time they are not acting within their employment
status.
(Ord. 1859 § 1, 2011)
The city council shall conduct an annual review and evaluation
of the effectiveness and application of the code of ethics and conduct
at a regular scheduled meeting, agendized for open discussion and
public comment. Department heads, commissions, committees, boards
and/or authorities chairpersons shall be instructed to poll members
of their departments, commissions, committees, boards, and/or authorities
and report findings regarding the effectiveness of this chapter to
city council as part of annual review and evaluation.
(Ord. 1859 § 1, 2011)
The city manager shall ensure that the contents of this chapter
are disclosed to all employees, present and future.
(Ord. 1859 § 1, 2011)
It is intended that this code be self enforcing. However, it
is recognized that there may be instances where even after receiving
guidance and counsel to resolve unintentional violation, a party may
continue to violate the code's provision, or an individual's egregious
disregard and conscious intent to violate the code clearly demonstrated.
In those cases, sanctions may apply and would occur in a public meeting.
The possible sanctions that would apply by action of the city council
would be:
B.
Boards,
Commissions, and Committees.
1.
Public
censure of a member pursuant to law;
2.
Removal
from position on board, commission, or committee (unless the Municipal
Code is revised).
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The ultimate responsibility for the enforcement of this code
of ethics and conduct lies with the mayor and Upland city council,
as they represent the will of the people of the city of Upland.
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(Ord. 1859 § 1, 2011)
