HomeMy WebLinkAbout17 - NB-3 - Attachment A - 5/6/2014Attachment A
ADMINISTRATIVE REGULATION A. R. 2.36
CITY OF COSTA MESA May 6, 2014
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ETHICS POLICY
I. PURPOSE
The residents and businesses in the City of Costa Mesa are entitled to have a fair,
ethical and accountable local government that has earned the public's full confidence
for integrity. The proper operation of democratic government requires that decision -
makers be independent, impartial, and accountable to the people they serve.
The City of Costa Mesa has adopted this Ethics Policy to promote and maintain the
highest standards of personal and professional conduct in the City's government. All
elected and appointed officials, City employees, volunteers, and others who participate
in the City's government are required to adhere to this policy, understand how it applies
to their specific responsibilities, and practice these values in their work. Because we
seek public confidence in the City's services and public trust of its decision -makers, our
decisions and our work must meet the highest ethical standards and demonstrate the
highest levels of achievement.
II. POLICY
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be the primary concern,
officials, employees and volunteers will work for the common good of the people of
the City of Costa Mesa and not for any private or personal financial business
interest. Officials, employees and volunteers will assure fair and equal treatment of
all persons, claims and transactions.
2. Respect for Government Structure and Process
The City of Costa Mesa operates under the council-manager form of government.
Specifically, the electorate elects a five member city council to set the policy for the
City. The City Council retains a city manager (e.g. Chief Executive Officer) to
implement the City Council's policy decisions. The City Council also appoints
commissioners and committee members to advise them on policy issues.
The role of City staff is to conduct thorough and impartial analysis and bring forth a
professional recommendation to both appointed and elected officials as
appropriate. A majority vote of the City Council sets the policy direction for the City.
City staff shall respect the council-manager form of government and the policy
decisions made by the City Council, commissions and committees regardless of
whether or not the staff recommendation was adopted.
3. Conduct
The professional and personal conduct of officials, employees and volunteers must
avoid the appearance of impropriety. Officials, employees and volunteers shall
listen courteously and attentively to all discussions before the body. They shall
refrain from abusive conduct, or verbal attacks upon the character or motives of
other officials, employees or the public.
ADMINISTRATIVE REGULATION
CITY OF COSTA MESA
A. R. 2.36
May 6, 2014
Page 2 of 3
Officials, employees and volunteers will make impartial decisions, free of bribes,
unlawful gifts and be truthful in what they say and do.
4. Comply with the Law
Officials, employees and volunteers shall comply with the laws of the United States
of America, the State of California and the City of Costa Mesa in the performance of
their public duties. These laws include, but are not limited to: the United States and
California Constitutions; the City of Costa Mesa Municipal Code; laws pertaining to
conflicts of interest, election campaigns, financial disclosures, employer
responsibilities, and open processes of government, Meyers-Milias Brown Act as
well as other City resolutions and policies.
5. Conflict of Interest
In order to assure their independence and impartiality, officials shall not use their
official positions to influence government decisions in which they have a direct or
indirect material financial interest, or where they have an organizational
responsibility or personal relationship which may give the appearance of a conflict
of interest. For City employees, this includes following the Outside Employment
policy to ensure there is not a conflict of interest.
In accordance with the law, officials shall fully disclose investments, interests in real
property, sources of income, and gifts. Further they shall abstain from participating
in deliberations and decision-making where conflicts may exist.
6. Use of Public Resources
Officials, employees and volunteers shall not use public resources for private gain
or campaign purposes. Further, it is imperative that in all decisions, officials,
employees and volunteers be responsible stewards of public funds and work to
ensure that services are being delivered in the most efficient and effective manner
possible. Specifically, officials, employees and volunteers shall conserve City
resources and attempt to use the most reasonable, economical, direct and efficient
cost of transportation, lodging, meals, telecommunication, and parking when
conducting City business for which the individual and/or City may be reimbursed.
7. Confidentiality
Officials, employees and volunteers shall respect the confidentiality of information
and shall refrain from disclosing confidential information concerning litigation,
personnel, property, or other affairs of the City, without proper legal authority, nor
use such information to advance their financial or other private interests.
Confidential information means all information, whether transmitted verbally or in
writing, which is of a nature that it is not, at the time, a matter of public record or
public knowledge, including those items described in the California Public Records
Act (Government Code 6254), items from closed sessions under the Brown Act
(Government Code 54950 et seq.) and items subject to the attorney-client privilege.
ADMINISTRATIVE REGULATION A. R. 2.36
CITY OF COSTA MESA May 6, 2014
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8. Development Projects
City Council Members, Commissioners, Committee Members and employees shall
refrain from committing to the likely approval or denial of discretionary actions that
require a majority consensus and public review for action on an application. Also,
the CEQA review path should not be predetermined prior to a complete
understanding of the proposed project and potentially significant environmental
issues. This avoids the perception of committing the City to a prescribed review path
until staff has reviewed and considered the relevant technical data and studies.
9. Gifts and Favors
Officials, employees and volunteers shall not take special advantage of services or
opportunities for personal gain, by virtue of their position with the City, which is not
available to the public in general. They shall refrain from accepting any gifts, favors
or promises of future benefits that might compromise their independence of
judgment or action or give the appearance of being compromised.
10. Compliance and Enforcement
Officials, employees and volunteers have the primary responsibility to assure that
ethical standards are understood and met, and that the public can continue to have
full confidence in the integrity of government. This Code of Ethics will be included
in the orientation for all newly elected and appointed officials, as well as for City
employees.
The City Council may impose sanctions on appointed officials, commissioners and
committee members whose conduct does not comply with the City's ethics
standards, such as formal censure; or, loss of a commission position. As with City
officials, City employees shall comply with the ethics standards. Violations of the
ethics policy for City employees may result in discipline up to and including
termination. Any Memorandum of Understanding (MOU) currently in place, the Fire
Fighter Bill of Rights or Police Officer Bill of Rights will supersede/supersedes this
document.
III. EFFECTIVE DATE
The effective date of this Administrative Regulation is May 6, 2014.
THOMAS R. HATCH
Chief Executive Officer