Loading...
HomeMy WebLinkAboutOrd. No. 1984-728ORDINANCE N0. 728 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A CODE OF ETHICS. WHEREAS, the City Council of the City of Lake Elsinore, desires to formally adopt a Code of Ethics for all members of the Public Service of the City. NOW, THEREFORE, BE IT RESOLVED that the following be a "Code of Ethics for the Public Service of the City of Lake Elsinore": Section 2.09.01. Declaration of Policy. The proper operation of democratic government requires that public officials and employees be independent, impartial, and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office 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 hereby established a Code of Ethics for all officials and employees by setting forth those acts or actions that are incompatible with the best interests of the City and by directing disclosure by such officials and employees of private financial or other interests in matters affecting the City. The provisions and purpose of this Code and such rules and regula- tions as may be established are hereby declared to be in the best interests of the City of Lake Elsinore. Section 2.09.02. Responsibilities of Public Office. 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 this State and to carry out impartially the laws of the nation, state and municipality and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality 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. Section 2.09.03. Dedicated Service. All officials and employees of the City should be loyal to the political objectives expressed by the electorate and the programs developed 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. Officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with -1- other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work. Section 2.09.04. Fair and Eaual Treatment (a) Interest in Appointments. 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 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. Section 2.09.05. Conflict of Interest. No councilman or other official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties in the public interest or would tend to impair his independence of judgment or action in the performance of his official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political associations. Specific conflicts of interests are enumerated below for the guidance of officials and employees: (a) Incompatible Employment. No councilman or other official or employee 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 official duties or would tend to impair his independence of judgment or action in the performance of his official duties. (b) Disclosure of Confidential Information. No councilman or other official or employee shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the City. Nor shall he use such information to advance the financial or other private interests of himself or others. -2- (c) Gifts and Favors.. No councilman or other official or employee shall accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his 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, favor, or thing of value that may tend to influence him in the discharge of his duties, or (2) grant in the discharge of this duties any improper favor, service, or thing of value. (d) Representing Private Interests Before City Agencies or Courts. No councilman or other official or employee whose salary is paid in whole or in part by the City shall appear in behalf of private interests before any agency of the City. He shall not represent private interests in any action or proceeding against the interests of the City in any litigation to which the City is a party. A councilman may appear before City agencies on behalf of constituents in the course of his duties as a representative of the electorate or in the performance of the public or civic obligations. However, no councilman or other official or employee shall accept a retainer or compensa- tion that is .contingent upon a specific action by a City agency. (e) Contracts with the City. Any council man. or other official or employee 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 services to the City, shall make known to the proper authority such interest in any matter on which he may be called to act in his official capacity. He shall refrain from voting upon or otherwise participating in the transaction or the making of such contract or sale. A councilman or other official or employee shall not be deemed interested in any contract or purchase or sale of land or other thing of value unless such contract or sale is approved, awarded, entered into, or authorized by him in his official capacity. (f) Disclosure of Interest in Legislation. A councilman 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. This provision shall not apply if the councilman disqualifies himself from voting. Any other official or employee who has a financial or other private interest, and who participates in discussion with or gives an official opinion -3- to the council or other appropriate authority the nature and extent of such interest. Section 2.09.06. Discussions at Closed Sessions-Disclosure. No member of the City Council, officer or employee of the City, or any other person present during a closed session of the Council shall disclose to any person the content or substance of any discussion which took place at said closed session unless the City Council shall vote to authorize the disclosure of such information by majority vote. Section 2.09.07. Sanctions. Violation of any provisions of this Code should raise conscientious questions for the councilman or other official or employee concerned as to whether voluntary resignation or other action is indicated to promote the best interests of the City. Violation may constitute a cause for suspension, removal from office or employment, or other disciplinary action. Violation of any provision of this Code shall constitute a misdemeanor and shall be punishable by a fine of up to $500 and/or imprisonment for up to one year. INTRODUCED AND PASSED UPON FIRST READING THIS 13th day of November, 1984, upon the following roll call vote: AYES: MATSON, STRIGOTTE NOES: KNIGHT ABSENT: VERMILLION, VALENZUELA ABSTAIN: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING THIS 27th day of November 1984, upon the following roll call vote: AYES: MATSON, STRIGOTTE, VALENZUELA NOES: KNIGHT, VERMILLION ABSENT: NONE ABSTAIN: NONE ATTEST: ANN MONEY, C TY CLERK APPROVED AS TO FORM: ~~ __ A T VALENZUELA, OR CITY OF LAKE ELS RE JOHN R. HARPER, CITY ATTORNEY _4_ STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. I, Jo Ann Ploney, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on November 13, 1984 and had its second reading on November 27, 1984 and was passed by the following vote: AYES: COUNCILMEP1BERS: f4ATSON, STRIGOTTE, VALENZUELA NOES: COUNCILMEMBERS: KNIGHT, VERMILLION ABSENT: COUNCILMEMBERS: NONE J ANN MONEY, CIT CLERK Y OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) I, Jo Ann Money, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy. of Ordinance No. 728 of said Council, and that the same has not been amended or repealed. DATED: November 28, 1984 J NN MONEY, CI Y CLERK Y OF LAKE ELSINORE (SEAL. ),