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R 3951 RESOLUTION NO. 3951 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF . ARROYO GRANDE ESTABLISHING AN ETHICS POLICY FOR CITY EMPLOYEES, ELECTED OFFICIALS AND APPOINTED OFFICIALS WHEREAS, City employees, as with elected officials, are in a position of public trust and have an obligation to do their jobs in the spirit of public service; and WHEREAS, the City's value statements include a commitment to high ethical standards; and WHEREAS, as such, all employees, elected and appointed officials should conduct themselves in an ethical manner, both on and off the job, and in a manner that does not present the appearance of a conflict of interest; and WHEREAS, on October 7, 2005, Governor Schwarzenegger approved Assembly Bill 1234, which requires all local agency officials to receive at least two hours of training in general ethics principles and ethics laws relevant to his or her public service every two years; and WHEREAS, a growing nurnber of cities in the State have either adopted an ethics policy or are in the process of developing one at the encouragement of the League of California Cities Board of Directors; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby establishes and adopts an Ethics Policy, attached hereto as Exhibit "A", for all City employees, elected officials and appointed officials. On motion of Council Member Arnold seconded by Council Member Costello and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Arnold, Costello, Dickens, Guthrie, and Mayor Ferrara None None '- the foregoing Resolution was passed and adopted this 12th day of September 2006. RESOLUTION NO. 3951 PAGE 2 ATTEST: ~ E, CITY CLERK APPROVED AS TO CONTENT: ~.........~ S~N A~ CITY MANAGER APPROVED AS TO FORM: ~!'^-- /. /-~~ TIMOrHY J. C~Er; CITY ATTORNEY / CITY OF ARROYO GRANDE ADMINISTRATIVE POLICY AND PROCEDURE POLICY #: A-030 SUBJECT: ETHICAL STANDARDS ISSUED: 10/1/06 EFFECTIVE: 10/1/06 CANCELLATION DATE: N/A SUPERSEDES: Np.w POLICY: It shall be the City's policy to have fair, ethical and accountable local government, which has earned the public's confidence for its integrity. To do this requires that public officials be independent, impartial and responsible in their judgement and actions to the people. City employees are also in a position of public trust and have an obligation to do their jobs in the spirit of public service. As such, it is the City's policy that City officials and employees conduct themselves in an ethical manner, both on and off the job, and in a manner that does not present the appearance of a conflict of interest. PROCEDURE: A. Act in the Public Interest Recognizing that stewardship of the public interest be their primary concern, officials and employees shall work for the common good of the people of Arroyo Grande and not for any private or personal political or financial business interest. Officials and employees shall assure fair and equal treatment of all persons, claims and transactions. B. Complv with the Law "Officials and employees shall comply with all federal, state and local laws in the performance of their duties. These laws include, but are not limited to, the Constitutions of the United States of America and State of California; the City of Arroyo Grande Municipal Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and other City resolutions and policies. C. Personal Conduct The conduct of officials and employees must be above reproach and avoid the appearance of any impropriety. Officials and employees shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other officials, employees or the public. Officials and employees shall conduct their official and private affairs so as not to give the impression that they - POLICY #: A-030 ETHICAL STANDARDS PAGE 2 can be improperly influenced in the performance of their duties. Officials and employees will make impartial decisions, free of bribes, unlawful gifts, narrow political interests and be truthful in what they say and do. D. Use of Public Resources Officials and employees shall not use public resources that are not available to the public in general for private gain or personal purposes. Officials and employees shall use their titles and City letterhead for official City business related purposes only. E. Respect for Established Processes and Procedures Officials and employees shall perform their duties in accordance with the processes and rules of order established by the City Council, City Manager and boards and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff. F. Conduct of Public Meetinqs Officials and employees shall prepare themselves for public issues, listen courteously and attentively to all public discussions, and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings. G. Decisions Based on Merit Officials and employees shall base their decisions on the merits and substance of the matter at hand rather than on unrelated considerations. H. Conflict of Interest To assure independence and impartiality on behalf of the common good, officials and employees shall not use their official positions to influence government decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship that may give the appearance of a conflict of interest. In accordance with the law, officials and designated employees shall disclose investments, interests in real property, sources of income, and gifts. They shall also abstain from participating in deliberations and decision-making where conflicts may exist. However, this does not preclude the right of any individual to participate in deliberations as a member of the general public. i. Gifts and Favors Officials and employees shall not take any special advantage of services or opportunities for personal gain by virtue of their public office that are not available POLICY #: A-030 ETHICAL STANDARDS PAGE 3 to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits that might compromise their independence of judgement or action or give the appearance of being compromised. J. Confidentiality Officials and. employees shall respect the confidentiality of information concerning litigation, personnel, property, or other affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. K. Advocacy Officials and employees shall represent official policies and positions of the City to the best of their ability when designated for this purpose. When representing individual opinions and positions, officials and employees shall explicitly state they do not represent their body or the City of Arroyo Grande, nor will they allow the inference that they do. L. Roles of Officials and Employees Officials and employees shall respect and adhere to the Council-Manager structure of government as outlined in the City of Arroyo Grande Municipal Code. In this structure, the City Council determines policies of the City with the advice, information and analysis provided by the public, boards and commissions, and staff. Elected and appointed officials shall not interfere with the administrative functions of the City or professional duties of City staff. City employees shall not take actions that establish or conflict with policy decisions reserved for the City Council's authority. In order to maintain the value of the independent advice of boards and commissions, the City Council shall also refrain from using their position to unduly influence the deliberations or outcomes of board and commission proceedings. M. .:rravel To effectively conserve City resources, officials and employees shall attempt to use the most reasonable, economical and cost efficient means of travel related expenditures when conducting City business for which the City may reimburse them. N. Positive Work Place Environment Officials and employees shall support the maintenance of a positiye and constructive work place environment for City employees and for citizens and businesses dealing with the City. Officials and employees shall be committed to the organization's value statements, which serve as the overall guideline to how officials and employees treat each other and the customers the City serves. POLICY #: A-030 ETHICAL STANDARDS PAGE 4 O. Implementation Officials and employees have the primary responsibility to assure that ethical standards are understood and adhered to and that the public can continue to have full confidence in the integrity of its government. Therefore, the following measures shall be taken on an ongoing basis to inform and reinforce the ethical standards of conduct described in this policy and procedure: 1. Ethical standards. shall be included in the regular orientation for newly elected and appointed officials, board members and commission members, and employees. 2. Ethics training shall be required every two years for all elected officials, board members and commissioners, and department directors. Training shall be required every three years for all other City employees. Those required to complete training shall have the option of attending and/or participating in programs provided by: a. League of California Cities b. Central Coast Employment Relations Consortium c. Institute for Local Government d. State. of California Department of Justice e. Special training programs contracted directly by the City or provided by the City Attorney 3. Each individual shall obtain and provide to the City Clerk a certificate of completion. 4. The Mayor and chairs of boards and commissions have the responsibility to intervene when actions of fellow officials appear to be in violation of the City's Ethics Policy are brought to their attention. If the Mayor or chairperson is the subject of the complaint, the Mayor Pro Tem or vice chairperson shall be responsible. Employees may be subject to disciplinary action when conduct does not comply with these ethical standards. Employees are expected to secure the advice from their department director or City Manager when in doubt about the meaning or application of any conduct requirement applying to their specific situation. Steven Adams City Manager OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 3951 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 12th day of September 2006. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of September 2006.