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HomeMy WebLinkAbout04-02-2008 Supplemental Council AgendaSynopsis of City Council Meeting April 2, 2008 COMMUNICATION FROM LIBRARY COMMISSION FRIENDS OF THE LIBRARY Sue Roxanne spoke ORAL COMMUNICATIONS upcoming benefit and Middle Eastern feast Citizen Ray Hwy. 9 /expressed concerns about bike lanes Council Direction to Staff: King Asked John C. about the current condition of the bike lanes and would they remain this way? John C. No, this is not the final condition; additional paving will be completed; probably in 2 weeks ANNOUNCEMENTS Page announcement about paper savings due to paperless process for Council meetings Anderson added there are also staff time and copy related cost savings CEREMONIAL ITEMS 1. Proclamation Recognizing April 2008 as Month of the Young Child Barbara Morrow Williams and accompanying children received the proclamation 2. Proclamation Recognizing April 15, 2008 as Arbor Day and Receipt of Tree City USA Award Vice Mayor Page read the Proclamation and received the Tree City USA Award SPECIAL PRESENTATIONS 3. American Cancer Society Colon Cancer Free Zone 4. VTA Regional Approach King feedback from PA, MV, LA how would representatives have equal vote? King might be good to include LAHills in with Saratoga's City group Page concern that we just saw VTA go through bus schedules with new structure, including longevity, how will our service needs be met? Will we have a voice? Additional education may be warranted Anderson After serving on Mayors /Managers group for nearly 8 years our group has been very successful in having our needs be addressed with VTA. Feels Saratoga should go with the recommendation King audit committee: too many of transportation decisions had been made based on politics; audit recommended treating as overall requirement of transportation of your County and not be so regionalized for your needs Kao Mayors /Managers last year did vote to endorse Dolly. Supports this approach. Not sure about LAHills inclusion would leave to Mayors /Managers recommendation Hunter would leave it up to people who have been working on the issue Page Are LAHills' needs close to ours or to another community? Page asked Council members if they would agree to move Item 16 up since Rod Diridon is in the audience as a guest. NEW BUSINESS 16. Code of Ethics Ann Sullivan presented the staff report and introduced Rod Diridon. Page start small, one study session CONSENT CALENDAR O' Pulled: Item 10, 11 Approved: Items 5 -9, 12 13 Item 10. CERT Advisory Committee Kao —Jim Yoke when is the next CERT Training class? W.Valley College on Wednesday p.m. and Saturday a.m. next week. Kao How many members are you suggesting for the committee? Anderson probably one leader from each neighborhood Kao moved to approve 4 -0 approve Item 11. Amendment to Agreement for Maintenance Services Irrigation Repairs Kao John C. What is the fiscal impact? John C. This is appropriating already approved funds Kao This is not additional you are looking for? John C. No, this is already appropriated; just had to be assigned to this contract Kao moved to approve Approved 4 -0 PUBLIC HEARINGS None NEW BUSINESS 14. On -line Citywide Community Calendar A' y y ac Crystal M. presented staff report. 0 Oir� C Direction: Invite Chamber, Artsopolis and KSAR to a meeting to present their options for on- line calendaring 15. Economic Development Committee Get references on Main Street Program Continued for further discussion ADHOC /AGENCY ASSIGNMENT REPORTS Mayor Waltonsmith Absent Vice Mayor Page Councilmember King Councilmember Hunter Councilmember Kao CITY MANAGERS REPORT CITY ATTORNEY REPORT April 2, 2008 Vice Mayor Page called meeting to order at 7:OOpm. Pledge of Allegiance Roll Call: Four Present Waltonsmith Absent Report of City Clerk: Yes Communications from Commissions Public: Library Commission /Friends of the Saratoga Library met in Special meeting. Sue Barara addressed council and gave a report of the Special Meeting. 168 volunteers at Book Go Around. Roxanne Nilan Chair of Library Commission addressed Council. Condition of library building. Council Direction to Staff: 5 v fon.: de i c 614 Communications on Non Agendized Items: (KaeDkensjspoke (from St. Andrews School) invitation to benetifa lion and middle eastern feast money used to support programs in holy land Gaza. This money helps support the hospital there. 5:30 on April 13, social hour and silent auction. Laura Beauchae spoke (handout) Citizen Ray Highway 9 issue bicyclists Oral Communication Council direction to staff: King: question for Cherbone regarding bike lanes 4 to 5 inches Communications from Boards Commissions: e0 ANNOUNCEMENTS: Page: Council going paperless refer to list of paper saved hand- out. Thursday 4;00 7:00 in Dining Hall, Chamber of Commerce sponsoring Expo (refer to email.....for info. Commission openings Garbage pickup starting on July 21 through September for junk pickup King: Hunter: Pet Parade in village April 19 at 11:OOAM can bring a stuff toy if you don't have a pet. Fluffy the clown leading parade. Anderson: several cents a page on copier and staff labor time saved in not using paper. Ceremonial Items: 1. Proclamation Young Child- Barbara Williams came forward to receive proclamation and some young from tape, get the date announcement info from Barbara Williams... 2. Proclamation Arbor Day name of person present John (Crystal) April 15 as Arbor Day in Saratoga. Speaker presented City with "Tree City USA" award. Hunter: announcement El Quito tree planting ceremony SPECIAL PRESENTATIONS: American Cancer Society Colon Cancer- Two speakers presented on this item. (handout) VTA Regional Approach presented by Jim Lawson. Will go to board in May. King: on south area, Morgan Hill, Gilroy will have san marteno on soon. Chuck Page spoke Page match up of needs concern. Several handouts. Dave Anderson spoke urged that Saratoga go along with recommendation, Kao spoke in support of this recommendation. Hunter agrees with the people working with it that it may be a good recommendation At the request of Vice Mayor Page and consent of councilmembers Item #16 Code of Ethics was brought forward before Consent Calendar, City Clerk Rod Dirdon from City of Santa Clara was invited to address the Council on the Code of Ethics process in Santa Clara as well as to answer questions from Council. King: Size of Saratoga if they did piece -meal; which one first (campaign finance reform money very important, be one of the first to address. Page: Finance Reform Act part of SC City Code. Kao: asked if SC city code of ethics was formed by consultant, staff, community? Ethics and values you can put on paper, and is it enforced? Hunter: Can't recall any time when ethics was a problem with any city council member in Saratoga. We go through a state ethics program already (AB1234) why go through this process of adopting a Saratoga Code of Ethics as well when we don't have ethics problems? e f at 9a 1 Cry c 4 J� cird AAfrt po Id 11Ju „0 h o 9 R Y f 4) X� p1Yd' \<(91'‘ bit r o 1=1-,-/ 7p-az c.c. C„ r. 9J" F ,►„p f c tw x nNK C �,CQ�L^' 41 v o- r1'i It o, Is° d" King: Disagreed with Hunter and felt the last election was one of the worst involving hit mail. Hunter: doesn't feel this should be added to council's work load /agenda at this time; and the cost of it. Local elections are competitive and you have to fight for what you want. Kao: Feels this is a great reference for Saratoga to consider. Thinks council should have additional study session to determine what is needed. Should have a guideline available to train everyone Page- Agrees with Kao need a base code of ethics and values. Need at least one more study session to decide what we want to do and where to take it ability to prioritize it to fit our needs. Result: Page, King, Kao in support of scheduling a study session for further discussion. Hunter did not support adding this task to Council's schedule or using funds. Page announced a five minute break at 8:50 Page reconvened meeting at 8:55 CONSENT CALENDAR: King /kao moved to approve all items- All in favor AW absent Kao pulled item 10 and 11 Kao on 10 When is next CERT Training Class? Jim Yoke starts week from today. Kao /King moved to approve item 10 all in favor AW absent Item 11 clarification requested by Kao. Cherbone addressed council on the two -year contract for Maintenance Service Irrigation Repairs. N Kao /King Moved to approve item 11- all in favor AW absent PUBLIC HEARINGS: None OLD BUSINESS: Item 14- Online Citywide Community Calendar: Crystal Morrow presented staff report. Crystal Morrow presented staff report. King: Thought both groups were going to come and present to this item. Asked why they weren't? Can we delay this item and have both people Artsopolis and do presentation? Page and Hunter noted that Artsopolis has already addressed Council at a previous meeting. Dave Anderson clarified Hunter would like to see website be chief vehicle in promoting Saratoga's key points /highlights. Page: if you have website specifics wants let staff know. Page: idea of a community calendar wonderful idea. King: WVC has learned how to use Artsopolis system. Direction: Community Calendar Page would like to know more about Artsopolis, Chamber Calendar, KSAR listen to them. City sponsorship include dollars? Page: yes. For Saratoga calendar events, provide a link to "here's a place to find more Hunter likes this idea. Chamber has more capability, it's free. NEW BUSINESS: Item #15 Review the possible formation of Economic Development Committee: John L. presented staff report. Council discussion. Adhoc informal can meet anywhere with two councilmembers at a time. People who spoke: Lady Manaz spoke about having served on the Village Adhoc Committee at one time. Asked council to have an official committee or commission established downtown has a lot of issues. Kathleen Casey Coakley agrees there should be a commission; Rent control high rents. Spoke on Historical buildings. Page asked Coakley about rents and being high? King: what is our mission? What do we want a committee or adhoc to accomplish? Concerned more about what the group will d0 versus who the group is. Be clear on what this group should do. Hunter: Feels there are a lot of misconceptions. Rent is very high. Kao: asked DA when do we get a report back from company we just signed up to study the downtown. DA: in about two weeks. King: Other areas not just Village is a concern. Must be sure to look at Conditional Use Permit when businesses want to come in. Page: Foot traffic very important to any potential business coming in. Council discussion. Hunter: Main Street Report any chance of getting that? DA: addressed Hunter's question. Recommended council attend the annual Conference. Will let council know when it is scheduled. King: asked if council would be okay with a two -story mixed use building for owner use /living and store. Discussion about having Study Session to address this issue store/housing mixed use. Council Direction to staff: get references on main street program; study what does it mean and where do we go from here; this item will be continued for further discussion. Hunter: Asks people to go to Lupretas next Tuesday Item #16 Code of Ethics: Ann Sullivan presented staff report. (Moved to front of Consent) Rod Diridon addressed Council provided handouts answered questions. ADHOC AGENCY ASSISGNMENTS: Ann Waltonsmith Absent Kathleen King SCCCA meeting next week. How to take best known methods that other cities put in place. Other cities coming together on the LEED program. VTA PAC already talked about School Adhoc already talked about TEA Adhoc Talked to Chris Forsyth meeting on April 9th at 1:30 room Saratoga should have someone attend Recommended by Anthony Gonsalves. Jill Hunter: Attended the meeting. Nothing else to report. Aileen Kao Attended County Agency policy Committee (Housing) HCD The way the meeting is conducted was based on material they were given. City School Adhoc King met with principal Highway 9 Safety Adhoc Meeting will be scheduled for highway 9 Chuck Page Chamber meets next week. Nothing else to report. CITY COUNCIL ITEMS: King: Perfect attendance at PAC second Thursday monthly 4:00 5:30- OT Eli Rem Nothing King: Agenda Planner should note who asked for what item to be placed on it. Staff ca then go back to that person to clarify. it ve this item from Council Agenda! GER'S REPORT: ADJOURNMENT: Kao /Hunter moved to adjourn at 10 :15. Colon Cancer Free Zone: "Our mission is to increase public awareness of colon cancer and to help reduce the incidence of this disease to the lowest rate possible in each community where we launch this program." American Cancer Society Colon Cancer Free Zone Our Team: Counties, cities, churches, hospitals, service organizations, legislative offices, and companies such as: Xilinx, Linear Technology, Summit Microelectronics, Fairchild Semiconductor, SiRF Technology, Power Integration, QuickLogic, Synaptics Cisco Intel are committed to becoming Colon Cancer Free Zones. Colon Cancer: PR o see your doctor and get tested! It could save your life. For more information visit: (Hold control and click) American Cancer S, ciety: Colon Cancer Contact Us About Colon Cancer Free Zones More than 50,000 people die every year from colorectal cancer. Over 45,000 did not have to. "Colon Cancer is 90% PREk Colon Cancer- Why Colon Cancer? Colon cancer is 90 percent preventable Pre- cancerous polyps normally take 5 10 years to become cancerous. Find and remove the polyp and eliminate the cancer risk Someone dies from colorectal cancer every 10 minutes Colon cancer affects both males and females equally Colorectal cancer is the second leading cause of death due to cancer for men and women combined. (Lung cancer is #1) 80% of people who get colon cancer have no family history; everyone is at risk It is estimated that 52,180 Americans will die from colorectal cancer in 2007 Screening is one of the best ways to prevent colorectal cancer as slow growing pre- cancerous polyps almost always precede colon cancer Colon cancer is the only cancer today that is preventable through testing Colonoscopy safely and reliably detects and removes the polyps throughout the entire colon before they become cancerous Any of the ACS recommended tests are better than not getting tested at all Screening for polyps should begin at age 50. More than 90 percent of colon cancers occur in people age 50 or older If you have a family or personal history of colon cancer or polyps, you should be tested before age 50 Colon cancer screening is one of the top four most cost effective personal prevention health measures available 1.800.ACS.234b wwvv.cancer.or Paper Saved Through City Council Paoerless Meeting Process Meeting Date Pages in Packet Total Copies Avoided 6/20/2007 250 6500 7/18/2007 212 5512 8/1/2007 204 5304 9/5/2007 241 6266 9/19/2007 258 6708 9/25/2007 18 468 926/07 18 468 10/3/2007 285 7410 10./16/07 15 390 10/17/2007 56 1456 11/7/2007 321 8346 11/20/2007 111 2886 12/4/2007 2 52 12/5/2007 58 1508 12/19/2007 68 1768 1/16/2008 177 4602 2/1/2008 78 2028 2/6/2008 107 2782 2/11/2008 17 442 2/20/2008 263 6838 3/5/2008 339 8814 3/19/2008 278 7228 4/2/2008 134 3484 Cumulative total 3510 91260 Pages in a ream: 500 of reams saved: 182.52 Cost per Ream $3.22 Paper savings: $587.17 Paper Saved Through City Council Paoerless Meeting Process 4., IFOR MEETING DATE: April 2, 2008 AGENDA ITEM: ORIGINATING DEPT: Office of City Clerk CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DEPT HEAD: SUBJECT: Code of Ethics RECOMMENDED ACTION(S): Review report and direct staff accordingly. SARATOGA CITY COUNCIL REPORT SUMMARY: Democratic government requires that decision makers be independent, impartial and accountable to the people they serve. At the February 1, 2008, Council Retreat staff was directed to research a Code of Ethics policy that could be implemented into the City of Saratoga's Council Policies and be made a part of the training program for new council members. The Code of Ethics policy would be designed to increase public trust and confidence in government by promoting and maintaining the highest standards of personal and professional conduct among the people who represent the City of Saratoga. There are several options the Council could pursue if it desires to adopt a Code of Ethics policy: 1. Adopt City of Santa Clara's Code of Ethics as is or with minor revisions. 2. Direct staff to agendize 3 Council Study Sessions for Council to develop a Code tailored to Saratoga using the process in the League of California Cities handbook. 3. Form an Adhoc to work with staff to bring other options back to Council. Attached is a copy of the Code of Ethics and Values used by the City of Santa Clara. The City of Santa Clara has received top honors in a State recognition program for political candidates to use as a campaign guideline. Santa Clara's Code of Ethics and Values was adopted in March of 2000 and modified in August 2001. It is designed to provide clear, positive statements of ethical behavior reflecting the core values of the community. The second attachment is an excerpt from the League of California Cities (LCC) handbook which provides a step -by -step process for developing a Local Agency Ethics Code; which could be used as a guideline for developing a Code of Ethics tailored to fit the needs and values of the City of Saratoga. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Council Policies would remain as is and there would be no implementation of a Code of Ethics policy for current and future council members for the City of Saratoga. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Agenda. ATTACHMENTS: 1. City of Santa Clara's Code of Ethics and Values 2. LCC excerpt from Developing a Local Agency Ethics Code 2of3 City of Santa Clara, CA Code of Ethics and Values PREAMBLE The proper operation of democratic government requires that decision makers be independent, impartial, and accountable to the people they serve. The City of Santa Clara has adopted this Code of Ethics and Values to promote and maintain the highest standards of personal and professional conduct in the City's government. All elected and appointed officials, r ity employees, volunteers, and others who participate in the city's government are required to subscribe to this Code, understand how it applies to their specific responsibilities, and practice its eight core 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 most demanding ethical standards and demonstrate the highest levels of achievement in following this code. 1. As a Representative of the City of Santa Clara, I will be ethical. In practice, this value looks like: a.) I am trustworthy, acting with the utmost integrity and moral courage. b.) I am truthful, do what I say I will do, and am dependable. c.) I make impartial decisions, free of bribes, unlawful gifts, narrow political interests, and financial and other personal interests that impair my independence of judgment or action. d.) I am fair, distributing benefits and burdens according to consistent and equitable criteria. e.) I extend equal opportunities and due process to all parties in matters under consideration. If I engage in unilateral meetings and discussions, I do so without making voting decisions. f.) I show respect for persons, confidences, and information designated as "confidential." g.) l use my title(s) only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority. 2. As a Representative of the City of Santa Clara, I will be professional. In practice, this value looks like: a.) I apply my knowledge and expertise to my assigned activities and to the interpersonal relationships that are part of my job in a consistent, confident, competent, and productive manner. b.) I approach my job and work- related relationships with a positive attitude. c.) I keep my professional knowledge and skills current and growing. 3. As a Representative of the City of Santa Clara, I will be service oriented. In practice, this value looks like: a.) I provide friendly, receptive, courteous service to everyone. b.) I am attuned to, and care about, the needs and issues of citizens, public officials, and city workers. c.) In my interactions with constituents, I am interested, engaged, and responsive. 4. As a Representative of the City of Santa Clara, I will be fiscally responsible In practice, this value looks like: a.) I make decisions after prudent consideration of their financial impact, taking into account the Tong -term financial needs of the City, especially its financial stability. b.) I demonstrate concern for the proper use of City assets (e.g., personnel, time, property, equipment, funds) and follow established procedures. c.) 1 make good financial decisions that seek to preserve programs and services for City residents. 5. As a Representative of the City of Santa Clara, I will be organized. In practice, this value looks like: a.) I act in an efficient manner, making decisions and recommendations based upon research and facts, taking into consideration short and long term goals. b.) I follow through in a responsible way, keeping others informed, and responding in a timely fashion. c.) I am respectful of established City processes and guidelines. 6. As a Representative of the City of Santa Clara, I will be communicative. In practice, this value looks like: a.) I convey the City's care for and commitment to its citizens. b.) I communicate in various ways that I am approachable, open- minded and willing to participate in dialog. c.) I engage in effective two -way communication, by listening carefully, asking questions, and determining an appropriate response which adds value to conversations. 7. As a Representative of the City of Santa Clara, I will be collaborative. In practice, this value looks like: a.) I act in a cooperative manner with groups and other individuals, working together in a spirit of tolerance and understanding. b.) I work towards consensus building and gain value from diverse opinions. c.) I accomplish the goals and responsibilities of my individual position, while respecting my role as a member of a team. d.) I consider the broader regional and State -wide implications of the City's decisions and issues. 8. As a Representative of the City of Santa Clara, I will be progressive. In practice, this value looks like: a.) I exhibit a proactive, innovative approach to setting goals and conducting the City's business. b.) I display a style that maintains consistent standards, but is also sensitive to the need for compromise, "thinking outside the box," and improving existing paradigms when necessary. c.) I promote intelligent and thoughtful innovation in order to forward the City's policy agenda and City services. Approved by City Council on April 4, 2000; modified by Council on August 21, 2001 2 DEVELOPING A LOCAL AGENCY ETHICS CODE: A PROCESS ORIENTED GUIDE E?\ TEYT (r t_L C`Vii. SELF' DOVER NMEN'T 22 I CHAPTER 3 SUGGESTED ITERATIVE PROCESS FOR ADOPTING AN ETHICS CODE This process can be adapted to successive governing board meetings or meetings with management and staff. Depending on the time available for the code adoption effort, some steps can be combined. STEP 1st Meeting Introduce the concept of an ethics code Would a code be useful? To whom would the code apply? Identify public input mechanisms See chapters 1 -3 STEP 2nd Meeting Review values menu (see chapter 4) Each participant identifies the top four values Identify areas of consensus Reflect on these "consensus" values between now and next meeting Identify three expressions of those values Identify positive examples of values in practice See chapter 4 ,ter STEP 3rd Meeting Achieve consensus on expressions of the various values, as well as examples of those values in practice Discuss potential memorable titles Consider a preamble Discuss implementation strategies Commit to review on anniversary See chapter 4 INSTITUTE for LOCAL SELF GOVERNMENT DEVELOPING A LOCAL AGENCY ETHICS CODE 1 23 STEP Implement Implement Implement See chapter 5 STEP (8 months from adoption) Review code and its implementation Initiate process for updating and expanding application of the code to others (repeating steps one through three with them) STEP (Anniversary of adoption) Celebrate successes Identify areas needing further effort Adopt updated and expanded code Adopt updated and expanded implementation strategies STEP Repeat steps 4-6 24 I CHAPTER 3 Step One (First Meeting) Introduce the concept of an ethics code what it is, what it can and cannot achieve and the process of adopting one. Discuss whether agency officials think a code would be useful. Determine to whom the agency's first code should apply. Identify the mechanisms by which public input in this process will be solicited. Step Two (Second Meeting) Review the values menu (see chapter 4). Determine whether agency wants to focus on a limited number of key values (as we recommend) or have a more comprehensive approach. Ask participants whether there are any key values missing from the menu. Ask participants to identify the top four values that they think are most important in their public service. Identify areas of agreement on values and confirm these with the group. Ask participants to reflect on these "consensus" values before the next meeting, identifying three expressions of those values that seem most useful for the agency to focus on. Remind the group that they can add or modify expressions of values listed on the menu. Also ask them to identify positive examples of the expressions of values in practice. INSTITUTE for LOCAL SELF GOVERNMENT DEVELOPING A LOCAL AGENCY ETHICS CODE 1 25 Step Three (Third Meeting) After preliminary discussion, use the "dot" or similar process to achieve consensus on the expressions of the various values, as well as examples of those values in practice (see sidebar below). Direct staff to write code up based on the areas of consensus about 1) which values should be in the first version of the code, 2) what expressions of those values also should be in the code, and 3) examples of those values. Discuss potential memorable titles' (for example, "The Way We Serve the Public" [insert agency name] 's Commitment to Character for the code. Consider whether the code would be enhanced by a preamble that refers to the public agency's goals and commitments in adopting an ethics code. (For a sample, see chapter 4) Discuss implementation strategies and timelines (see chapter 5). BRIGHT IDEA: "'USE ADHESIVE DOTS A handy and fairly expeditious way ofhandling thisselectionprocess is to combine discussion with a "dot'''-system in which_ participants are asked to identify, their four top values by adhering adhesive dots to a board displa7 g the list of potential values. Include a prohibition against individuals "power dotting," or placing multiple dots by See Ethics Resource Center, The Ethics Toolkit, available online at www.ethics.org. 26 CHAPTER 3 Step Four (Next Meeting) Adopt final version of the code. Step Five (Ensuing Year) Implement, implement, implement! (see chapter 5). Step Six (Eight Months from Code Adoption) Review code and its implementation. Initiate process for updating and expanding application of the code to others, if appropriate (repeating steps one through three with them). Step Seven (One Year Anniversary) Celebrate successes. Identify areas needing further effort. Adopt updated and expanded code. Adopt updated and expanded implementation strategies. Step Eight (Second Year Anniversary and Thereafter) Repeat steps four through six. A NOTE ABOUT THE IMPORTANCE OF IMPLEMENTATION STRATEGIES As the iterative suggested process suggests, adoption of the code is only the first step. To make a difference and achieve its goals, the code needs an implementation strategy. Making a commitment to implement one's ethics code is also a "key decision" in the code adoption process as is actually implementing the code. Chapter 5 covers the topic of implementation in more detail. City of Santa Clara, CA Code of Ethics and Values PREAMBLE The proper operation of democratic government requires that decision makers be independent, impartial, and accountable to the people they serve. The City of Santa Clara has adopted this Code of Ethics and Values 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 subscribe to this Code, understand how it applies to their specific responsibilities, and practice its eight core 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 most demanding ethical standards and demonstrate the highest levels of achievement in following this code. 1. As a Representative of the City of Santa Clara, I will be ethical. In practice, this value looks like: a.) I am trustworthy, acting with the utmost integrity and moral courage. b.) I am truthful, do what I say I will do, and am dependable. c.) I make impartial decisions, free of bribes, unlawful gifts, narrow political interests, and financial and other personal interests that impair my independence of judgment or action. d.) I am fair, distributing benefits and burdens according to consistent and equitable criteria. e.) I extend equal opportunities and due process to all parties in matters under consideration. If I engage in unilateral meetings and discussions, I do so without making voting decisions. f.) I show respect for persons, confidences, and information designated as "confidential." g.) I use my title(s) only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority. 2. As a Representative of the City of Santa Clara, I will be professional. In practice, this value looks like: a.) I apply my knowledge and expertise to my assigned activities and to the interpersonal relationships that are part of my job in a consistent, confident, competent, and productive manner. b.) I approach my job and work- related relationships with a positive attitude. c.) I keep my professional knowledge and skills current and growing. 3. As a Representative of the City of Santa Clara, I will be service oriented. In practice, this value looks like: a.) I provide friendly, receptive, courteous service to everyone. b.) I am attuned to, and care about, the needs and issues of citizens, public officials, and city workers. c.) In my interactions with constituents, I am interested, engaged, and responsive. 4. As a Representative of the City of Santa Clara, I will be fiscally responsible In practice, this value looks like: a.) I make decisions after prudent consideration of their financial impact, taking into account the long -term financial needs of the City, especially its financial stability. b.) I demonstrate concern for the proper use of City assets (e.g., personnel, time, property, equipment, funds) and follow established procedures. c.) 1 make good financial decisions that seek to preserve programs and services for City residents. 5. As a Representative of the City of Santa Clara, I will be organized. In practice, this value looks like: a.) I act in an efficient manner, making decisions and recommendations based upon research and facts, taking into consideration short and long term goals. b.) I follow through in a responsible way, keeping others informed, and responding in a timely fashion. c.) I am respectful of established City processes and guidelines. 6. As a Representative of the City of Santa Clara, I will be communicative. In practice, this value looks like: a.) I convey the City's care for and commitment to its citizens. b.) I communicate in various ways that I am approachable, open- minded and willing to participate in dialog. c.) I engage in effective two -way communication, by listening carefully, asking questions, and determining an appropriate response which adds value to conversations. 7. As a Representative of the City of Santa Clara, I will be collaborative. In practice, this value looks like: a.) I act in a cooperative manner with groups and other individuals, working together in a spirit of tolerance and understanding. b.) I work towards consensus building and gain value from diverse opinions. c.) I accomplish the goals and responsibilities of my individual position, while respecting my role as a member of a team. d.) I consider the broader regional and State -wide implications of the City's decisions and issues. 8. As a Representative of the City of Santa Clara, I will be progressive. In practice, this value looks like: a.) I exhibit a proactive, innovative approach to setting goals and conducting the City's business. b.) I display a style that maintains consistent standards, but is also sensitive to the need for compromise, "thinking outside the box," and improving existing paradigms when necessary. c.) I promote intelligent and thoughtful innovation in order to forward the City's policy agenda and City services. Approved by City Council on April 4, 2000; modified by Council on August 21 2001 2 Sections: 2.130.010 Title. 2.130.020 Findings and declarations. 2.130.030 Purpose of this chapter. Article II. Definitions 2.130.040 Interpretation of this chapter. Article III. Contribution Limits 2.130.050 2.130.060 2.130.070 2.130.080 2.130.090 2.130.100 2.130.110 2.130.120 2.130.130 2.130.140 2.130.150 2.130.160 2.130.170 2.130.180 Limits on contributions from persons. Prohibition on transfers of campaign contribution funds. Return of contributions. Aggregation of payments. Loans from third party sources. Family contributions. Money received by officials treated as contributions, income or gifts. One campaign committee and one checking account per candidate Limit on cash contributions; cash expenditures Limit on anonymous contributions, Contributions on behalf of others prohibited 2.130.190 Civil actions 2.130.200 Injunctive relief 2.130.210 Cost of litigation 2.130.220 Disqualification 2.130.240 2.130.250 2.130.260 Chapter 2:130 POLITICAL CAMPAIGN FINANCE REFORM ACT Article I. Findings and Purposes Article IV. Voluntary Expenditure Limit Candidate acceptance or rejection of expenditure limits Effect of violation on outcome of election Extinguishment of expenditure limit Article V. Enforcement Article VI. Additional Disclosure Requirements Additional pre election campaign statement Disclosure of occupation and employer of contributor Submission of campaign disclosure statements Article VII. Agency Responsibility 2.130.270 Duties of the local filing officer Article VII. Miscellaneous Provisions 2.130.280 Applicability of other laws 2.130.010 Title Article I. Findings and Purposes In 1974, the voters of California approved a far reaching initiative measure commonly known as Proposition 9. The provisions of Proposition 9 were codified into the California Government Code as Title 9 (entitled "Political Reform" 81000 et seq.). This enactment is commonly referred to as the "Political Reform Act of 1974," hereinafter the "Political Reform Act." Among other things, the State Political Reform Act subjected all public officials to rigorous conflicts of interest provisions and imposed explicit regulation and accountability for political campaign contributions and expenditures on elected officials. This chapter shall be known as the "City of Santa Clara Political Campaign Reform Act" "Act It is intended to supplement the provisions of the State Political Reform Act, as the State law is amended from time to time. In some instances, the Act is intended to be a convenient, single source reminder of the applicable State law. In other instances, the provisions of the Act are expressly intended to be more restrictive than the State law. (Ord. 1745 2, 1 -1 1 -00). 2.130.020 Findings and declarations In enacting this chapter, the following findings and declarations are adopted: (a) Monetary contributions to political campaigns area legitimate form of participation in the American political process, but the financial strength of certain individuals or organizations should not permit them to exercise a disproportionate or controlling influence on the election of candidates. (b) The rapidly increasing costs of political campaigns have forced many candidates to raise larger and larger percentages of money from individuals and interest groups with a specific financial stake in matters before the City Council. This has caused a public perception that votes are being improperly influenced by monetary contributions to candidates. This perception is undermining the credibility and integrity of the governmental process. (c) High campaign costs are forcing officeholders to spend more time on fundraising and less time on the public's business. The periodic pressure to raise contributions distracts officeholders from urgent governmental matters. (d) The integrity of the governmental process, the competitiveness of campaigns and public confidence in local officials are all diminishing. (e) Receipt of campaign contributions and campaign expenditures in municipal election campaigns should be fully and truthfully disclosed in order that the voters may be fully informed about a candidate's sources of campaign contributions. (Ord. 1745 2, 1- 11 -00) 2.130.030 Purpose of this chapter. This chapter is to be liberally construed to effectuate the following purposes: (a) Ensure that individuals and interest groups in the City have a fair and equal opportunity to participate in the municipal elective and governmental processes. (b) Reduce the influence of large contributors with a specific financial stake in matters before the City Council, thus countering the perception that decisions are influenced more by the size of contributions than the best interests of the people of the City. (c) Encourage candidates to limit their overall expenditures in campaigns, thereby reducing the pressure on candidates to raise large campaign war chests for defensive purposes, beyond the amount necessary to communicate reasonably with voters. (d) Increase the value of smaller contributions to candidates. (e) Reduce the fund raising advantage of incumbents and thus encourage competition for elective office. (f) Allow candidates and officeholders to spend a lesser portion of their time on fund raising and a greater portion of their time dealing with issues of importance to their constituents. (g) Improve the disclosure of contribution sources in reasonable and effective ways. (h) Help restore public trust in governmental electoral institutions. (Ord. 1745 2, 1- 11 -00). Article II. Definitions 2.130.040 Interpretation of this chapter. Because of the thoroughness of the State Political Reform Act statutory scheme, unless a term is specifically defined in this chapter, or the contrary is stated (or clearly appears from the context), the definitions set forth in Chapter 2 "Definitions" 82000 et seq. of the Government Code) of the State Political Reform Act shall govern the interpretation of the provisions of this chapter. For example, "contribution" is defined by 82015 of the Government Code. (a) "Election cycle" means that period commencing on May 1st of a general election year and concluding on December 31st of that same year. If a special election is conducted, the election cycle will commence on the first day of the month at least six months before the election and shall conclude on the last day of the month following the election (i.e., assume a March date is used for a City special election for an elective office; September 1st (the first day of the month at least six months before the election date) would be the first day of the election cycle and April 30th (the last day of the month following the election) would be the last day of the election cycle). (b) "Time restrictions on contributions and expenditures" means that within an election cycle (i) the last day a campaign contribution may be deposited shall be eleven (11) calendar days before the election date (i.e., a Tuesday, November 2nd election date would make Friday, October 22nd the last day to deposit a contribution) and (ii) the last day a payment for campaign expenses may be made shall be the last day of the month following the election month (i.e., a November election would require that all campaign expenses be paid by December 31st the last day of the month following the election month). (c) At the termination of the election cycle, all candidates (whether defeated or elected) shall be required to have a zero balance in their campaign fund account. Disbursement of all unused "surplus campaign funds is mandatory by the termination of the election cycle. With respect to loans a candidate makes to his/her own campaign, before the end of the election cycle, (i) the loan must be repaid in full to the candidate, or (ii) the outstanding loan balance must be forgiven "written off') by the candidate. Surplus campaign funds may be expended (i) for a post- election event held no later than the end of the election cycle, and/or (with the explicit exclusion of payment for an elected officer's expenses unrelated to the election campaign), (ii) for the purposes (and with the constraints) provided for in Government Code Section 89519(b) (entitled "Surplus campaign funds; disclosure; use These Section 89519(b) purposes include (i) repayment of contributions, (ii) donations to bona fide charitable, educational, civic, religious or similar.tax- exempt, nonprofit organizations, and /or (iii) donations to other itemized permissible recipients. The City's campaign expenditure limitations do not apply to surplus campaign funds disbursed in compliance with the provisions of this section. (d) "Campaign literature" means any communication which meets the following criteria: (i) it is distributed during the campaign cycle, (ii) it identifies the candidate (even if the fact of candidacy is not mentioned in the communication, it is deemed that there is a valuable benefit to the candidate gained by the name recognition generated through the distribution of a communication during a campaign cycle) and (iii) the candidate (and /or the candidate's campaign committee) has paid for at least fifteen percent (15 of the cost of preparation and /or distribution inclusion of the communication. The candidate's cost for the campaign literature shall be identified and accounted for as a campaign expense. (Ord. 1745 2, 1- 11 -00; Ord. 1788 2, 3, 2004). Article I11. Contribution Limits 2.130.050 Limits on contributions from persons. a) No person shall make to any candidate for office and the controlled committee of such a candidate and no such candidate and the candidate's controlled committee shall accept from any such person a contribution or contributions totaling more than two hundred and fifty dollars ($250.00) during the election cycle for each election in which the candidate is on the ballot or is a write -in candidate. (See below, Article IV, "voluntary expenditure limits" for the exception to this two hundred and fifty dollar ($250.00) contribution limit. Acceptance of the voluntary expenditure limits permits contributions of five hundred dollars ($500.00). (b) No person shall make to any committee which supports or opposes any candidate and no such committee shall accept from each such person a contribution or contributions totaling more than two hundred and fifty dollars ($250.00) during the election cycle for each election in which the candidate is on the ballot or is a write -in candidate. (c) Nothing in this chapter shall prohibit a candidate from making unlimited contributions to his/her own campaign. (d) Candidates shall be bound by the "time restrictions on contributions and expenditures" defined in SCCC 2.130.040(b).(b). (Ord. 1745 2, 1-11-00). 2.130.060 Prohibition on transfers of campaign contribution funds. No candidate and no committee controlled by a candidate or officeholder shall make any contribution to any other candidate running for office or to any committee supporting or opposing a candidate for office. (Ord. 1745 2, 1 -1 1 -00). 2.130.070 Return of contributions. A contribution shall not be considered to be received if it is not negotiated, deposited or utilized, and, in addition, if it is returned to the donor within fourteen (14) calendar days of receipt. (Ord. 1745 2, 1- 11 -00). 2.130.080 Aggregation of payments. For purposes of the contributions limits in this article, the following shall apply. (b) Two or more entities shall be treated as one person when any of the following circumstances apply: (a) All payments made by a person, as broadly defined in the Political Reform Act, whose contributions or expenditure activity is financed, maintained or controlled by any corporation, labor organization, association, political party or any other person or committee, including any parent, subsidiary, branch, division, department or local unit of the corporation, labor organization, association, political party or any other person, or by any group of such persons shall be considered to be made by a single person, committee or small contributor political action committee. .4( 1 (1) The entities share the majority of members of their boards of directors. (2) The entities share two or more officers. (3) The entities are owned or controlled by the same majority shareholder or shareholders. (4) The entities are in a parent- subsidiary relationship. (c) An individual and any general partnership in which the individual is a partner, or an individual and any corporation in which the individual owns a controlling interest, shall be treated as one person. (d) No committee which supports or opposes a candidate for office shall have as officers individuals who serve as officers on any other committee which supports or opposes the same candidate. No such committee shall act in concert with, or solicit or make contributions on behalf of any other committee. This subsection shall not apply to treasurers of committees if these treasurers do not participate in or control in any way a decision on whether the candidate or candidates receive contributions. (Ord. 1745 2, 1- 11 -00). 2.130.090 Loans from third party sources. (a) A loan shall be considered a contribution from the maker and the guarantor of the loan and shall be subject to the contribution limits (two hundred and fifty dollars ($250.00) or five hundred dollars ($500.00) if the voluntary expenditure limit is accepted)) of this chapter. (b) Every loan to a candidate or the candidate's controlled committee shall be by written agreement and shall be filed with the candidate's or committee's campaign statement on which the loan is first reported. (c) The proceeds of a loan made to a candidate by a commercial lending institution in the regular course of business on the same terms available to members of the public and which is secured or guaranteed shall not be subject to the contribution limits of this chapter. (d) Extensions of credit (other than commercial loans pursuant to subsection (c) of this section for a period of more than thirty (30) calendar days are subject to the contribution limits of this chapter. (Ord. 1745 2, 1-11-00). 2.130.100 Family contributions. (a) Contributions by a husband and wife shall be treated as separate contributions and shall not be aggregated. (b) Contributions by children under eighteen (18) years of age shall be treated as contributions by their parents and attributed proportionately to each parent (one -half to each parent or the total amount to a single custodial parent). (Ord. 1745 2, 1- 11 -00). 2.130.110 Money received by officials treated as contributions, income or gifts. Any funds received by an elected official or candidate running in the City or any committee controlled by such an official or candidate shall be considered either a campaign contribution, income or a gift. All campaign contributions received by such persons shall be subject to the provisions of this chapter unless such campaign contributions are used exclusively for elections held outside the City. All income and gifts shall be subject to the disqualification provisions of the State Political Reform Act. (Ord. 1745 2, 1- 11 -00). 2.130.120 One campaign committee and one checking account per candidate. A candidate shall have no more than one campaign committee and one checking account out of which all expenditures shall be made. This section shall not prohibit the establishment of savings accounts, but no qualified campaign expenditures shall be made out of these accounts. (Ord. 1745 2, 1- 11 -00). 2.130.130 Limit on cash contributions; cash expenditures. This section is a reminder of a portion of the provisions of Government Code 84300 pertaining to cash: (a) No contribution of one hundred dollars ($100.00) or more shall be made or received in cash. (b) No expenditure of one hundred dollars ($100.00) or more shall be made or received in cash. The remaining provisions of Government Code 84300 shall remain in effect. (Ord. 1745 2, 1- 11 -00). 2.130.140 Limit on anonymous contributions. No person shall make an anonymous contribution(s) to a candidate or controlled committee totaling one hundred dollars ($100.00) or more in any election cycle. An anonymous contribution of one hundred dollars ($100.00) or more shall not be kept by the intended recipient, but shall instead be promptly paid to the City Clerk for deposit in the general fund of the City. (Ord. 1745 2, 1- 11 -00). 2.130.150 Contributions on behalf of others prohibited. No contribution shall be made, directly or indirectly, or anything belonging to another person or received from another person on the condition that it (or part of it) be used as a contribution. No contribution shall be made, directly or indirectly, by any person on behalf of another person. (Ord. 1745 2, 1- 11 -00). Article IV. Voluntary Expenditure Limits 2.130.160 Candidate acceptance or rejection of expenditure limits. (a) Each candidate for City office shall file a "Declaration of Candidacy Statement" "Declaration which will be in a form to be determined by the City Clerk before that candidate accepts any campaign contributions. At the time of filing his /her declaration, the candidate shall indicate on the Declaration his/her acceptance or rejection of the voluntary expenditure limit of twenty-five thousand dollars ($25,000.00 the base was established in February, 2000), as adjusted from time to time. The adjustment to the voluntary expenditure limit will be by City Council resolution adopted at least six months prior to each election. The adjustment will be rounded off to the nearest hundred dollar figure [downward (if $49.99 or less) or upward (if $50.00 or more)], and the adjustment will take into consideration the following three factors: (1) The Consumer Price Index increment as determined by the United States Department of Labor, Bureau of Consumers (CPI -U), San Francisco, Oakland, San Jose subgroup all items, or successor index using the October 2000 figure of 183.4 as the base, (2) One -half the cost of the candidate's statement of qualifications printed in the ballot pamphlet, as determined by the Registrar of Voters, and (b) For candidates accepting the voluntary expenditure limits, the following advantages apply: (1) The candidate may accept a contribution of up to five hundred dollars ($500.00) from a person /contributor. r (2) The City will pay for one -half the cost of the candidate's statement of qualifications printed in the ballot pamphlet. (3) The sample ballot will contain a designation that the candidate.was a participant in the voluntary expenditure limit program. (4) The candidate's name will be listed in a newspaper of general circulation indicating they have been a participant in the voluntary expenditure limit program. (5) The fact of a candidate's participation in the voluntary expenditure limit program will be disseminated for public information on the City's website, government access cable television channel, public libraries, public offices, etc. (c) A candidate who agrees to accept the voluntary expenditure limit in this article may not change that decision, except that if an opposing candidate files a statement of rejection of the voluntary expenditure limit, the candidate may rescind his /her acceptance of the voluntary expenditure limit within seventy-two (72) hours of the final date that nomination papers can be filed, provided the candidate has not accepted any contribution(s) in an amount(s) greater than the voluntary expenditure limit set forth hereinabove. (d) A candidate who agrees to accept the voluntary expenditure limit in this article, shall not exceed the expenditure limit of twenty -five thousand dollars ($25,000.00), as adjusted from time to time. If the expenditure limit is exceeded, the candidate is in breach of this chapter and the candidate shall face possible fines, loss of office and potential criminal prosecution by the district attorney's office. Violations of this chapter may be punished as follows: Pursuant to SCCC 1.05.070, "the enforcement of violations of the provisions of this chapter may be prosecuted as an infraction or misdemeanor. (1) Infraction /Misdemeanor. Any person who violates any of the provisions of this chapter shall be guilty of an infraction and /or misdemeanor. (2) Prosecution. Every violation of this chapter shall be a misdemeanor; provided, however, that where the prosecutor has determined that such action would be in the best interest of justice, the prosecutor may specify in the accusatory pleading or citation, that the violation shall be prosecuted as an infraction. (3) Penalty for Infraction. Each and every violation of this chapter which is deemed an infraction is punishable by a fine not exceeding two hundred and fifty dollars ($250.00). (4) Penalty for Misdemeanor. Each and every violation of this chapter which is deemed a misdemeanor is punishable by a penalty of not more than one thousand dollars ($1,000.00), or by imprisonment in the City or County jail for a period of not exceeding six months, or, by both penalty and imprisonment." Additionally, the candidate shall immediately notify all opponents and the City Clerk by telephone and by confirmation in writing (fax, e -mail, telegram, etc.) the day the expenditure limit is exceeded. (Ord. 1745 2, 1- 11 -00; Ord. 1768 2, 5 -7 -02; Ord. 1788 4, 2004). 2.130.170 Effect of violation on outcome of election. If a candidate is found by a court (or jury) to have violated any provision of this chapter, the court shall make a determination as to whether the violation had a material effect on the outcome of the election. If the court finds the violation did have a material effect on the election, the following will apply. (a) If the court determination becomes final before the date of the election, the votes for such candidate shall not be counted and the election shall be determined on the basis of the votes cast for the other candidates in that race; (b) If the court determination becomes final after the date of the election, and if such candidate was declared to have been elected, then such candidate shall not assume office, the office shall be deemed vacant and shall be filled as otherwise provided in the City Charter and City Code; (c) If the court determination becomes final after the candidate has assumed office, then the candidate shall be removed from office, the office shall be deemed vacant and shall be filled as otherwise provided in the City Charter and City Code; (d) The court may determine the candidate shall be ineligible to hold any elective City office for a period of four years after the date of such court determination that a violation occurred. (e) In a criminal proceeding, a plea of nolo contendere shall form the basis for a court determination of the impact of the violation of this chapter. (Ord. 1745 2, 1- 11 -00). 2.130.180 Extinguishment of expenditure limit. If a candidate violates the campaign expenditure limit of this article, the expenditure limit shall no longer be applicable to the other candidates running for the same office. (Ord. 1745 2, 1- 11 -00). 2.130.190 Civil actions. Article V. Enforcement (a) Any person who intentionally or negligently violates any provision of this chapter shall be liable in a civil action brought by a person residing within the city for an amount not more than three times the amount of the unlawful contribution or expenditure. (b) If two or more persons are responsible for any violation, they shall be jointly and severally liable. (c) In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. If a judgment is entered against the defendant or defendants in an action, the plaintiff shall receive fifty percent (50 of the amount recovered. The remaining fifty percent (50 shall be deposited into the general fund of the City. In an action brought by the District Attorney, the judgment shall be paid to the general fund of the County of Santa Clara. (d) No civil action alleging a violation of any provision of this Act shall be filed more than two years after the date the violation occurred. (e) The provisions of SCCC 2.130.170, Effect of violation on outcome of election, shall apply. (Ord. 1745 2, 1- 11 -00). 2.130.200 Injunctive relief. Any person residing in the City may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this chapter. (Ord. 1745 2, 1- 11 -00). 2.130.210 Cost of litigation. The court may award to a plaintiff or defendant who prevails in any action authorized by this chapter, costs of litigation, including reasonable attorneys' fees. (Ord. 1745 2, 1- 11 -00). 2.130.220 Disqualification. In addition to any other penalties prescribed by law, if an official receives a contribution in violation of this chapter, the official shall not be permitted to make, participate in making or in any way attempt to use his /her official position to influence a governmental decision in which the contributor has a financial interest. The provisions of Government Code 87100 et seq., and the pertinent regulations of the Fair Political Practices Commission (Title 2, Division 6, Chapter 7 (entitled "Conflicts of Interest Section 18700 et. seq)) shall apply to interpretations of this section. (Ord. 1745 2, 1 -1 1 -00). Article VI. Additional Disclosure Requirements 2.130.240 Additional pre election campaign statement The Political Reform Act provides for various campaign statements to be filed on dates determined by the Fair Political Practices Commission. The second pre election statement has a filing deadline approximately three weeks before the election. In addition to the State required pre election campaign statements, seven calendar days before the election, all candidates shall submit to the City, on a City form, a campaign disclosure statement. (Ord. 1745 2, 1- 11 -00). 2.130.250 Disclosure of occupation and employer of contributor. No contribution shall be deposited into a campaign checking account unless the name, address, occupation and employer of the contributor is on file in the records of the recipient of the contribution. (Ord. 1745 2, 1- 11 -00). 2.130.260 Submission of campaign disclosure statements. All submissions of campaign disclosure statements shall be submitted neatly printed, typed or in an electronic media form. In all cases, the documents /media must be legible (or electronically useable) as determined by the City Clerk. It is the intent of the City to give the voting public access to the campaign disclosure statements through the City use of modern media resources. Documents that are not legible (or electronically useable) prevent widespread public access to this crucial information. (Ord. 1745 2, 1- 11 -00; Ord. 1768 3, 5- 7 -02). Article VII. Agency Responsibility 2.130.270 Duties of the local filing officer. The local filing officer shall: (a) Prescribe the necessary forms for filing the appropriate statements. (Ord. 1745 2, 1- 11 -00). Article VII. Miscellaneous Provisions 2.130.280 Applicability of other laws. Nothing in this chapter shall exempt any person from applicable provisions of any other laws of this State or the City. (Ord. 1745 2, 1- 11 -00). When° nd2d, Iyhilko can get scrambled battle it out Clara essage from the City of Santa Vote Ethics Program Demand a fair fight A survey of Santa Clara residents concluded that voters know how they want candidates to behave honestly, fairly, focused on the issues, and accountable for their actions. Ethical candidates fight hard, but they fight fair. They double check their facts, especially about their opponents. They don't spread rumors or provide half truths. They don't misrepresent themselves or their opponents. And if they benefit from the unethical conduct of an independent group, they repudiate that support and take action to show they mean it. Voters want candidates who Tell the truth Treat their opponents with respect Are clear about their views and record Are candid about who supports them Voters do NOT want candidates who Overstate, fabricate, or evade the truth Make personal attacks Blame someone else for their mistakes Take credit undeservedly Caution: Pay scrupulous attention to last- minute mailers that arrive immediately before Election Day to make sure they are not making unsubstantiated negative charges about a candidate or issue. Don't forget to watch The Final Word Candidates Forum on Monday, Nov. 6, 7 p.m. in the Council Chambers, 1500 Warburton. It will be televised on Cable Channel 15. VOTE City of Santa Clara Ethics Values Program www.voteethics.org 408- 615 -2210 City of Santa Clara 1500 Warburton Ave. Santa Clara, CA 95050 PRST STD U.S. POSTAGE PAID PERMIT 92 SANTA CLARA, CA 11E2 do you know about the All? candidates Making an educated choice at the ballot box relies on solid information message Ethics Program Santa Clara Find out what candidates say about their qualifications, experience, and vision for the City Candidates Forum for Santa Clara Mayor and City Council is on Monday, Oct. 16, 7 -9:30 p.m. in the Council Chambers, 1500 Warburton Ave. Sponsored by the Santa Clara Citizen's Advisory Committee, the Santa Clara Chamber of Commerce and Convention- Visitors Bureau, and the Santa Clara Weekly newspaper. Also broadcast on Cable Channel 15 [see website for days and times] and videotapes available in the Library after the forum. "The Final Word" Candidates Forum is on Monday, Nov. 6, 7 p.m. in the Council Chambers, 1500 Warburton. Sponsored by the City of Santa Clara. Read more about the candidates on the League of Women Voters website www.smartvoter.org, on the candidates' campaign websites, and from their ballot statements [if they have chosen to have one candidates must pay an extra fee for this] published by the Santa Clara County Registrar of Voters. Remember that all of these are created by the candidate, not an objective third party. Ethical candidates tell the truth in their campaign materials. Unethical candidates may lie or misrepresent the facts. Information about the laws for proper campaigning is available from the City Clerk's Office at 408 -615- 2220 or the California Fair Political Practices Commission at its website www.fppc.ca.gov or by calling 1- 866 ASK -FPPC. VOTE 1 City of Santa Clara Ethics Values Program www.voteethics.org 408- 615 -2210 City of Santa Clara 1500 Warburton Ave. Santa Clara, CA 95050 Residential Customer PRST STD U.S. POSTAGE PAID PERMIT 92 SANTA CLARA, CA Register to vote! Deadline is Oct. 23 for the Nov. 7th election! Call the Registrar of Voters 408 299 -VOTE or visit www.sccgov.org City of Santa Clara 1500 Warburton Ave. Santa Clara, CA 95050 City of Santa Clara Campaign a s Ethics in government begins at the ballot box Every vote counts in building public trust and confidence in government Survey identifies how public Ethics and Values Program a top wants candidates to behave Only a small number of cities in the nation have the courage and commitment to ask citizens questions about their trust of local government and the ethics of local leaders and Santa Clara is one of them, according to researchers from Santa Clara University who recently conducted a survey to determine what leadership behaviors are most important to local residents. "Public trust is very much at risk during campaigns for office," explained Thomas E. Shanks, Ph.D., a professor at Santa Clara University and head of the research team. "Most residents have very clear ideas about acceptable and unacceptable campaign behavior. Voters are looking for candidates who know the difference between right and wrong and act from that knowledge." Survey participants identified several behaviors they did NOT want to see in Santa Clara leadership and political campaigns: Do not launch unfair attacks on individuals or groups Do not advance narrow political or personal interests or ambitions Do not blame someone or some group unfairly Do not take credit for something that many people had a hand in creating Do not support a person, policy or issue by overstating, understating, fabricating, denying or evading the truth of these results "Candidates don't just have to worry about winning," Shanks said. "They have to understand that they have an obligatio do no further harm to public trust and confidence in gover because of their actions during a campaign." Impeccable Leatiecship Ethics SuperbCity SVt e`: Honorable Poiiticat Campaigns fixcellcnt(', Quitlity of lice Honorable election campaigning is a key element in building public trust and confidence in government. What are the most important behaviors City leaders ou practice in order to deepen public trust and public con ce The survey said... Honesty Dependability Financially pru t Acting with integrity Responsibility Impart' 'ty Accountability priority in Santa Clara PRST STD U.S. POSTAGE PAID PERMIT 92 SANTA CLARA, CA Eight years ago, the City of Santa Clara established an Ethics and Values Program to develop a practical guide to help City officials be "at their best" everyday as ethical and values centered leaders. After an extensive public process, the City Council adopted a new Code of Ethics and Values in 2000. From the beginning, the mission of the Ethics and Values Program was to foster public trust and confidence in the City's government and services by promoting and maintaining the highest standards of professional conduct among elected and appointed officials, City staff, and City volunteers. A special effort was launched in 2000 to include candidates and their supporters in the Ethics and Values Program. Workshops on ethical campaign strategies and tactics are now held before and after each election, and candidates are asked to pledge they will conduct ethical campaigns. The Vote Ethics publication and other communication activities this fall are designed to help voters make the ethics and core values of candidates important criteria in selecting who will get their vote. More information about the Ethics and Values Program is available on the City's website at www.ci.santa- clara.ca.us. Citizen checklist for evaluating candidates As best as you can tell, have the candidates you are favoring Told the truth about themselves? Focused on issues relevant for Santa Clara? Told truths about opponents that were important for voters to know? Pointed out differences between themselves and opponents that are relevant to the political office? Treated opponents with dignity and respect? Fought fairly and avoided demeaning or irrelevant personal attacks? Never tried to confuse or mislead voters? Clearly identified who was behind any committee that is candidate controlled? Took responsibility for any mistakes they made or mistakes made by volunteers or consultants? Criticized unfair, dishonest or disrespectful attacks by committees not controlled by the candidate? Kept their Vote Ethics promises? Look closely at campaign mailings Many brochures that "endorse" a variety of candidates for different offices are actually paid for advertising by the candidates themselves. The group that appears to be mailing the piece usually has a vague name that references family values, public safety, education, the environment, or even a political party. There is nothing wrong with candidates using some of their campaign funds to be part of a co -op mailing with other candidates, but is it ethical if voters are misled into thinking these are independent endorsements? Reading the small type will tell a voter a more complete story. Any individual or organization can send a political mailer or place an advertisement about a candidate, without the candidate's knowledge or approval. These efforts do not count in the candidate's reporting of how much money was spent on the campaign. This type of political marketing is called "independent expenditures" and its purpose has been to uphold the Constitutional guarantee of free speech while encouraging an active public dialogue about candidates and issues. Requirements that candidates and their campaign workers be totally uninvolved in these efforts are strictly enforced. Unfortunately, independent expenditures have sometimes become vehicles for nasty "hit" pieces on a candidate's opponent. Reading the small type will help a voter identify the true source and purpose of each campaign piece. Most candidates create a committee name to accept contributions. Often, these committees have names like "Committee to elect or "Friends of The candidate is issued a campaign identity number by the California State Fair Political Practices Commission and it must appear on every political marketing piece. Voters can contact the FPPC to clarify who is behind the committee and whether it is controlled by the candidate or another group. City of Santa Clara Code of Ethics Values Ethical Professional Service Oriented Fiscally Responsible Organized Communicative Collaborative Progressive Must -see TV Two Santa Clara Candidate Forums will be broadcast live on municipal Cable Channel 15 in October and November. The public is also invited to attend the events in person at the Council Chambers, 1500 Warburton Ave. The first Candidates Forum will be held Monday, Oct. 16, from 7 to 9:30 p.m. and Is co- sponsored by the Santa Clara Citizen's Advisory Committee, "Santa Clara Weekly" newspaper and the Santa Clara Chamber of Commerce and Convention Visitors Bureau. The forum will be rebroadcast on Cable Channel 15 on the following dates and times: October 17 and 18, 7 p.m.; October 19, 4 p.m.; October 20, 7 p.m.; October 21, 1 p.m.; and October 22, 4:30 p.m. A second Candidates Forum, "The Final Word," will be broadcast live on Cable Channel 15 at 7 p.m. on Monday, Nov. 6, the night before the election. This will be an opportunity for candidates to debate any last- minute issues and for voters to ask candidates about the campaign tactics they used. Video tapes of the first Candidates Forum can be checked out from the library. "Democracy is the most delicate of political systems. Kings had divine right. Tyrants use force. But the authority-of democratically elected leaders draws on nothing more substantial than a contract with the people: legitimacy hangs from a single skein of public trust. That trust cannot be obtained by force or man& t fOITT it Ut thI democracy dies.. Newsweek International July 23, 2004 Demand a fair fight Campaigns can be highly critical and hard hitting...and still honest fair and respectful. Staying true to a code of ethics and values does not mean that a candidate is limited to only saying nice things or nothing about the opponent. Half of all voters complain they don't have enough information on which to base their vote. Honest campaigns give voters facts and context, not half truths or no truths. Fair campaigns raise issues relevant to the job, not personal or petty attacks. Respectful campaigns never forget that the opponent is a human being and a neighbor who wants to do public service. Respect does not look like "win at all costs" or "crush the competition." Fair Criticism of a voting record Criticism of a policy position Comparison of candidates' experience Questions about leadership ability Voluntary Campaign Expenditure Limit In 2000, the City of Santa Clara enacted a voluntary campaign expenditure ordinance. If a candidate agreed to stay within a campaign spending limitation, the candidate could accept campaign contributions from a single source of up to $500 and the City pays half the cost of the candidate's statement of qualifications printed in the ballot pamphlet. If the candidate did not agree, contributions were limited to a maximum of $250 from a single source and the candidate must pay 100% of the cost of having a statement of qualification printed in the ballot pamphlet (about $2100). The original expenditure maximum was $25,000 and is adjusted for cost of living increases. For the November, 2006 election, the voluntary maximum expenditure is $29,300. Candidates who have agreed to abide by the voluntary campaign expenditure ordinance are listed on the City's website at www.ci.santa- clara.ca.us and a list is available at the City Clerk's Office at City Hall, 1500 Warburton Ave. Which comes first Trust and confidence in government? Or satisfaction with City services? Many political mailers arrive the weekend before Election Day. Their timing may be part of a strategy to gain top of mind awareness in voters immediately before they head to the polls. But occasionally, these last minute mailers have a different purpose they make unsubstantiated negative charges about an opponent, knowing there is no time for that candidate to respond. Show us the money Campaign Disclosure Statements Every candidate for public office in California is required to file periodic campaign disclosure statements that list personal financial information and sources of campaign contributions. Any contribution of $100 or more must include the name, address and employer of the contributor. Public trust in City officials is strongly related to the ratings residents give to City services and their perceptions about quality of life in Santa Clara. The more satisfied a resident is with City services, the more trust the resident has that City officials are operating with the best interests of residents at heart. Survey results show the reverse is also true. Santa Clara can feel good that most residents who participated in the survey said that they: Have pride in the City and feel it is "going in the right direction." Believe that the City is a safe place, a good place to raise a family or conduct business, a good place to retire and to spend leisure time. Perceive the City to be, overall, a good place to live. Evaluate very highly many City departments and services including Library, Fire, Utilities, Parks, Recreation, Police, Garbage, Streets, Permits, and Code Enforcement. The survey showed that the public has concerns about the performance and ethics of officials at other levels of government especially federal and state but that most residents highly rate City leaders for ethical behavior. "The City Council and the City Manager supported an open, honest, and impartial survey in which we asked some tough questions that could have generated answers they didn't want to hear," said Thomas E. Shanks, Ph.D., of the Santa Clara University survey research team. "Residents should expect nothing less, but should recognize that this takes courage and character." Unfair Personal attacks Rumors and innuendo Distortions and lies Unsubstantiated charges of misconduct u In Last minute mailers should receive careful reading and thoughtful consideration. What is the purpose of the mailer? Is it for you to remember a candidate's name and qualifications as you approach the ballot box? Or is it to make last- minute, unfair negative comments about an opponent? "The Final Word" Candidates Forum on November 6 will focus on these mailings. S Q: Who Is eligible to vote In California? According to the Santa Clara Valley Registrar of Voters, the requirements are: At least 18 years old by Election Day A U.S. citizen A California resident Registered at least 15 days before the election Not in prison or on parole for a felony Not declared mentally incompetent by court action Q: How do 1 register to vote? California has postcard registration and the postcards are available at many convenient locations including: Registrar of Voters, 1555 Berger Dr. Bldg #2,San Jose U.S. Post Offices Santa Clara City Library and other public libraries Santa Clara City Hall, 1500 Warburton Ave., Santa Clara Department of Motor Vehicles offices You may also call the Registrar of Voters at (408) 299 -VOTE [8683], or toll free (866) 430 -VOTE [8683]. A postcard will be sent to you. Or you can register online through the Office of the Secretary of State at www. ss.ca.gov/elections/votereg1.html The privilege of democracy the right to vote Ethical Professional Service Oriented Fiscally Responsible Organized Communicative Collaborative Progressive California's Fair Political Practices Commission Its mission: to promote the integrity of representative state and local government in California through fair, impartial interpretation and enforcement of political campaign, lobbying, and conflict of interest laws. I -866-ASK-FPPC (1- 866 275 -3772) www.fppc.ca.gov Q: What information will be required? Your first, middle and last names. Your residence address, where you live. P.O. boxes, business and mailing addresses cannot be used for your residence address. If you do not have a residence address, contact the Voter Registration Division at (408) 299 -8683 for assistance. Your mailing address, if different from your residence address. You may receive voter information at any address you designate. Your birth date and birthplace (state or foreign country). Your California Drivers License or Identification number or the last 4 digits of your Social Security number. As of January 1, 2003, the Help America Vote Act of 2002 (HAVA) added a federal regulation requiring this information for every voter. This information is confidential and is not made public at any time. Your political affiliation, if any. If you do not want to be affiliated with party, select "Decline to State Forms without a party designation will automatically be registered as "Decline to State." Your signature. Q Who has access to voter registration information? Voter registration information is available to persons or groups for election, scholarly, journalistic, political, or governmental purposes as determined by the Secretary of State. All requests to view, purchase, or use voter registration information must be accompanied by a written application. Driver's License and Social Security numbers are not shown on any of these publications. Q Does registering to vote put me on the list for jury duty? No. Jury summons are sent randomly to U.S. citizens using a variety of source information including DMV records. Registering to vote does not increase the likelihood that you will be called for jury duty. Campaigning Pledge Both the State of California and the City of Santa Clara ask candidates to sign a voluntary pledge to campaign ethically. The names of candidates who make this pledge are available online at the City's website, www.ci.santa- clara. ca.us, and at the City Clerk's Office in 4. I shall not use or permit any dishonest or unethical practice which tends to corrupt or undermine our American system of free elections, or which hampers or prevents the full and free expression of the will of voters... Sahta Clara A0 n1&icaCtq '1 11 2001 DATE: TO: FROM: SUBJECT: INTEROFFICE MEMORANDUM City of Santa Clara, California. June 11, 2007 City Manager for Ethics Committee Information Deputy City Manager City Clerk /Auditor Vote Ethics 2006, Program Review Find attached information regarding the City of Santa Clara 2006 Vote Ethics program. 1). Ethics Implementation Plan Through 2007. (See attachment 1) 2). Program Elements. (See attachment 2) 3). Program Benefits. (See attachment 3) 4). Polling Data. (See attachment 4) 5). Summary of Program Measurements. (See attachment 5) Please let us know if you would like additional information. regarding the City of Santa Clara 2006 Vote Ethics program. ,a‘e(eM Carol McCarthy, Rod Diridon, Jr., Deputy City Manager City Clerk/Auditor Approved: nnife paraci o ity Manager Documents Related to this Report: 1). Ethics Implementation Plan Through 2007 2). Program Elements 3). Program Benefits 4). Polling Data 5). Summary ofProgranr Measurements Ethics Implementation Plan Through 2007 Attachment 1 2005 2007 Council Priority: Maintain commitment to principles within City's Code of Ethics Values with goal of promoting public trust 1. Develop Council action plan to focus on good government and full implementation of ethics program and to evaluate Council disclosure /transparency policy 2. Enhance ethics program efforts including community education and outreach through Vote Ethics Outreach in preparation for November 2006 City election 2005 2007 Council Priority: Elevate Ethics Values Program to next level 1. Refer to City Manager to conduct ethics awareness effectiveness survey in partnership with Santa Clara University. 2. Assess possibilities and forniat for regional ethics forum. 3. Based on results of assessment, conduct regional ethics forum in collaboration and co- sponsorship with Santa Clara University Markkula Center for Applied Ethics. To continue 2005 -07 identified objectives from the Implementation. Plan adopted by the City Council, and in consideration of continuing budget constraints, it is suggested that the City focus on the implementation of new Laws /guidelines, prepare for the 2006 election, continue education/training efforts, and continue public outreach methods, with the following specific priorities: New Laws /Guidelines Focus on training and meeting new laws, including updating expense reimbursement policies under AB 1234, and required ethics training for City officials Review revolving door restrictions for elected officials and managers per recent State law, and update where necessary Create sponsorship policy for support of City events and programs, consistent with the Code of Ethics and Values 2006 Election Hold workshop /study session on ethical support of candidates (for Council Members and elected officials) Hold workshop(s) on ethical campaigning for candidates and their campaign workers Facilitate CAC candidate forum, pursuant to Council policy Evaluate holding a "Final Word" Forum or other similar program for candidates and campaign workers Distribute ethics materials to candidates and campaign workers Prepare and place updated "Vote Ethics Guide" in September, 2006 "Inside Santa Clara" newspaper (substitute 4 page document for existing 4 pages in newspaper, to reduce cost) Use all available public information methods to promote Vote Ethics program. (see additional detail in "Public Outreach" section, below) Continued Education /Training In addition to the above suggested training in conjunction with the 2006 election: Hold ethics and values workshop for Board and Commission Members, and their staff liaisons Include ethics and community values in routine Commission discussion and decision making Continue incorporating ethics and values into orientation materials for new Commissioners Create ethics emphasis as part of the Board and Commission recognition event, and /or as part of overall volunteer recognition event Continue focus on ethics in recruitment, selection and orientation for new City employees Continue ethics emphasis within City departments and materials distributed to employees, such as the "City Comer" employee newsletter, and other materials Public Outreach Make presentations and engage community partners such as service clubs /community leaders /seniors /PTAs /etc. on ethics and values program, as time permits Work with Chamber to have ethics and values discussions Continue ethical standards pledge as part of City contracts Review results from public opinion survey about ethics and good government (conducted early 2006); promote and utilize results Seek media publicity on survey results and on campaign ethics efforts As opportunities arise, discuss budget principles, employee negotiations principles, Council goals, and what these look like in practice Add Council Goals discussion to Advantaees /Disadvantages section of Agenda Reports Maximize use of City information resources identified through the survey to reach the public (for example, utility bill inserts). Prepare and place general articles in City utility bill inserts. the City newspaper, in promotions on Cable Channel 15, and on the City's website Offer to participate in Ethics Leadership Camp to be held at Markkula Center in June 2006 Program Elements The 2006 Vote Ethics program was communicated to the residents of Santa Clara in mediums and tactics traditionally utilized.by political campaignis, as well as many unique avenues at the City's disposal. The overall cost in addition to noinially programmed items for the 2006 Vote Ethics program was approximately 856,500 ($52,000 actual costs, 84,500 in- kind). Santa Clara currently has approximately 110,000 residents, which is an investment of roughly 51C per resident. 1). Ethics Program Pre and Post Polling: A comprehensive pre and post survey was completed to provide statistical data regarding public awareness of ethical voting practices. 2). Ethics and Finance Training: Numerous training opportunities were made available to candidates and their campaign workers. a. "Public Service Begins With Your Campaign!" ethics workshop was conducted. (30 people) b. FPPC Workshop for Candidates and. Treasurers was hosted. (35 people) c. E- Filing training was provided regarding the City's updated NetFile system. (6 people) d. Post Election Feedback Session held to review campaign with candidates and workers. (20 people) 3). Direct Mail: Direct mail was focused primarily in the tirneframe of October l0` when the absentee ballots were delivered, to November 3` the Friday before the election: a. Vote Ethics Guide (x2): 4 -page newspaper was sent to every Santa Clara household in September and again in October. (77, 700 pieces) b. Direct Mail: Three 8.5 x 11 post cards focused on core ideology and launching the new www.voteethics.org and www .santaclaracampaigndollars.org web pages. "What Do You Know /Register to Vote," featuring information to help voters make educated choices at the ballot box was sent to all households. (50.000 pieces) Takes More Than Wishes," with information about how to research campaign mailers and who donates to campaigns was sent to all registered voter households. (27,700 pieces) "When Candidates Battle It Out," focusing on core Vote Ethics principles, sent to all registered voter households. (27, 700 pieces) 4). Utility Bill Insert: The City of Santa Clara provides electric, water and sewer utilities as well as the distribution of utility bills to residents. Included in the utility bill were: a. Mission City SCENES: The September, 2006 "Mission City SCENES" utility bill insert with Vote Ethics message sent to all City utility customers. (50, 000 pieces) b. Utility Bill Insert: The October, 2006 municipal utility bills sent to all City residents and businesses had the Vote Ethics emphasis in numerous areas. (50,000 pieces) 5). Printed Media: San Jose Mercury.News covered the City's Vote Ethics program in an article titled "Politicians Told to Play Nice, Santa Clara advances against dirty campaigns," outlining the City's 2006 Vote Ethics program. (253, 947 images) Attachment 2 6). Video News Briefs: A series of four video briefs were scripted, filmed, edited and aired by City staff on the City's Cable Channel 15 and on the City's website. "Register," covered the process of registering to vote. (aired 420 times) "Forums," covered the community forums and information. (aired 210 times) "Fine Print," covered assessing direct mail and researching campaign contributions. (aired 210 tunes) "Fair Fight," covered the City's ethics principles and priorities. (aired 210 times) 7). Radio: A radio public service announcement was aired during the two days prior to the election on Santa. Clara University's local KSCU station. (aired 15 times) 8). Electronic Billboard: Announcements regarding the Vote Ethics program were shown on the Highway 101 electronic reader board.. (22,680 images) 9). Website: Voter registration and Vote Ethics information was posted on voteethics.org and santaclaracampaigndollars.org. (4678 hits) 10). Community Outreach: a. Vote Ethics Presentations: Made at six of Santa Clara's leading community organizations. 030 people contacted) b. Arts and Wine Festival: A Vote Ethics booth was staffed at the September 16 and 17, 2006 Santa Clara Art Wine Festival. (600 people contacted) 11). Televised Forums: The City supported two forums which were aired on the City's Cable Channel 15: a. Candidates Forum: Sponsored jointly with the Chamber of Commerce, Santa Clara Weekly Newspaper and Citizens Advisory Committee. (175 people attended) b. Final Word Forum: Held the televised Final Word forum, the night before Election Day on Monday, November 6, to cover any last minute hit- pieces. (150 people attended) 12). Polling Places: City staff worked with the Registrar of Voters to ensure that adequate polling locations were identified within the City of Santa Clara. (1 new polling place, 3 redistributed polling places) November, 2006: November, 2002: Turnout Increase: 1). Public Engagement: Political campaigns normally send direct mail to a subset of all voters, referred to as a "likely voter universe." This universe includes only those households that have voted in a high percentage of recent elections and does not include less frequent voters. The 2006 Vote Ethics program's used a mail universe of either every household in Santa Clara regardless of voter registration, or every household that had at least one registered voter. In no cases did the City use a "likely voter universe." This helped bridge the "voter gap" of frequent vs. infrequent voters. A tangible indication of civic engagement is the measurement of voter registration and turnout comparing 2006, to the most recent, similar gubernatorial election cycle in 2002: Voter Registration: November, 2006: 43,620 November, 2002: 42,000 Registration Increase: +1,620 +3.8 registered voters Voter Turnout: Program Benefits 25,066 (57.5 21.435 (51 +3,631 +6.5 votes 2). Electoral Fairness: Traditionally, an opponent's ability to utilize misleading statements and last minute hit pieces has the potential to put an ethical candidate at a disadvantage, sometimes causing even moral candidates to behave poorly out of necessity. Through the 2006 Vote Ethics program, voters were engaged to be more educated and mindful of unethical campaign tactics, thereby allowing ethical candidates to campaigns truthfully without a tactical disadvantage, and allowing voters full access to facts with adequate time for their consideration and discussion. A tangible indication of electoral fairness is judging the number of hit pieces as well as the fair campaign practices and campaign spending cap pledges: Absence of Last Minute Hit Pieces: Candidate- Funded Last Minute Hit Pieces: 0 (0 Ethics and Campaign Finance Limit Pledges: Code of Fair Campaign Practices pledge: y 7 candidates (100 Voluntary Campaign Expenditure Limit pledge: 7 candidates (100 3). Positive Public Perception: Overall perception regarding, Santa Clara and public involvement in the election cycle increased by double digits. Number of residents who feel they had too little information for making infonned voting choices decreased by approximately -45 See the following poll results for more thorough information. At tachment 3 AWARE OF 1 A CITY ETHICS ACT IVITIES Early 2006 before campaign Late 2006 after campaign Number of residents who say they are very proud to live in the City of Santa Clara 49% 77% Agree with statement "people (residents) like you can have a big impact on making the City of Santa Clara a better place to live" 61% 79% Not aware or not very aware of City ethics program 74% 53% Number of residents who feel they have too little information for making informed voting choices 52% 7% AWARE OF 1 A CITY ETHICS ACT IVITIES after: campaign and Larly 20,06 1 1 1,ate2006 efore election Encouraged citizens to "Vote Ethics in election Has a Code of Ethics and Values 21 °A) 52% 38% 63% 24% ._—...1 Holds ethics orientation sessions for City Commissioners j[ l0% it Holds ethics Study Sessions for the City Council 13% 1 25% Provides training for political candidates on how to hold ethical political campai ns 9% 28% Ilas a voluntary ordinance that caps campaign spending at $29,300 15% 29% Has received state and national recognition for its Ethics and Values Program 12% 30% Polling Data One of the major benefits of the 2006 Vote Ethics program is the active participation of voters in the electoral process and with the City of Santa Clara. Part of the 2006 Vote Ethics Program was a pre and post campaign survey of residents to assess the community's attitudes towards ethics in local government with statistically valid data. See below a comparison of the two sets of polling data: The survey also showed that Santa Clara residents rate the City highly in their assessment of ethical behavior compared to the state and federal government, another indication that the 2006 Vote Ethics campaign achieved its objectives. Residents rated the ethics of City government at 4.27 on a 6 -point scale, compared to 3.42 for state and 2.71 for federal government. Residents rated trust levels similarly, with City government at 4.27 on the same 6 -point scale compared to 3.50 for state and 2.84 for federal goveminent. Attachment 4 The City of Santa Clara had anecdotal evidence that earlier efforts regarding ethics were having a positive impact in the community. The 2006 campaign was far more extensive and research shows that it had a significant and measurable impact, that it did reach targeted audiences, and that it changed their perceptions and behaviors. 1). Program Elements a). Ethics and Finance Training: b). Direct Mail: c). Utility Bill Insert: d). Printed Media: e). Video News Briefs: f). Radio: g). Electronic Billboard: h). Website: i). Community Outreach: j). Televised Forums: k). Polling Places: 2). Program Benefits a). Stability and Engagement: Registration Increase: Turnout Increase: b). Electoral Fairness: Candidate Funded Last Minute Hit Pieces: Code of Fair Campaign Practices pledge: Voluntary Campaign Expenditure Limit: Summary of Program Measurements 91 people 183,100 pieces 100,000 pieces 253,947 images aired 1050 times aired 15 times 22,680 images 4678 hits 730 people 325 people attended 1 new polling place, 3 redistributed +1,620 +3.8 registered voters +3,631 +6.5 votes 0 (0 7 candidates (100 7 candidates (100 3). Polling Summary a). Number of residents who say they are very proud to live in City of Santa Clara: b). Agree with statement "people (residents) like you can have a big impact on making the City of Santa Clara a better place to live c). Not aware or not very aware of City ethics program: d). Number of residents who feel they have too little information for making informed voting choices: e). Aware City encouraged citizens to "Vote Ethics" in election: f). Aware City has a Code of Ethics and Values: g). Aware City holds ethics orientation sessions for City Commissioners: h). Aware City holds ethics Study Sessions for the City Council: i). Aware City provides training for political candidates on how to hold ethical political campaigns: j). Aware City has a voluntary ordinance that caps campaign spending at 829,300: k). Aware City received state and national recognition for its Ethics and Values Program: Attachment 5 +28%) increase +18% increase -21% d -45% decrease +31 increase +25% increase +14% increase ±12% increase +19% increase +14% increase +18 increase CITY OF SANTA CLARA "VOTE ETHICS" PUBLIC SERVICE ANNOUNCEMENT KSCU A quick reminder Tuesday is election day. It is your responsibility not only to vote, but to vote smart. So, remember to take a few minutes to educate yourself about the candidates and measures that you're being asked to consider. The City of Santa Clara's Vote Ethics program has provided two websites to help you become a more educated voter. Go to voteethics.org to learn how to more effectively research candidates and political mail, and learn more about the best practices in the City's Code of Ethics. Go to santaclaracampaigndollars.org to research candidate's political fundraising and contribution sources used to run for office. Or, go to the City's website at www.ci.santa- clara.ca.us and you'll find links to the Vote Ethics programs as well as general City Services. Again, Tuesday is election day, so remember to vote, and vote smart. Santa Clara wi wnedcaCH 111' 2001 CITY OF SANTA CLARA 2006 Vote Ethics Program City Clerk's Office Summary and Review 2006 VOTE ETHICS OUTLINE The healthiest and most impartial way, long term, to positively impact the ethical tenor the City Governance is to address it during the election cycle. Santa Clara's 2006 Vote Ethics program engaged and informed voters regarding how to become more educated about candidates and politics, without ever telling them for whom or how to vote. Utilizing techniques traditionally used by political campaigns as well as additional avenues available to the City, the program offered voters the tools to reflect on best practices, incorporate their own ideology, and judge candidates more effectively when they cast their vote. This not only allows voters to hold candidates accountable, but also for candidates to know this so that they are more likely to police themselves. Principles, Goals /Guidelines and Messages: A set of principles, goal /guidelines and core messages were very important to ensure the program was consistent with the best practices of the City Clerk profession. The following were used by the City Clerk's Office in proposing the initial 2006 Vote Ethics plan. It is important to point out that none of these ever told a voter who to vote for, and none were specific to any candidate or measure: Principles 1). Honest and fair elections are the foundation of democracy and inspire public trust in government. 2). Voters are smart and will make the best choices if they are engaged in the process and offered the tools to consider information. 3). Each voter has different ideology, and should be offered the tools to consider candidates based on their personal morals. 4). Full implementation of the spirit of Santa Clara's Vote Ethics Program is a key factor in engaging the public and keeping candidates honest. Goals Guidelines 1). Educated Voter Turnout: Foster educated turnout, not just higher turnout. 2). Bridge the Voter Gap: Overcome voter apathy by engaging people who have been traditionally left out of direct mail and political campaigns. 3). Unbiased: Information from the City must always be unbiased. It should never tell voters "who" to vote for, either by direct mention or by inference. 4). Voter Savvy: Information from the City should help voters to become more educated, make it easy for them to engage and provide the tools to make thoughtful judgments about candidates. Messages 1). Avenues to more effectively research a candidate's ideology. 2). Avenues to more effectively research a candidate's fundraising. 3). Avenues to more effectively interpret direct mail. 4). The best practices outlined in the City's Code of Ethics. 1 2006 VOTE ETHICS PROGRAM ELEMENTS The Vote Ethics program was communicated to the residents of Santa Clara in mediums and tactics traditionally utilized by political campaigns, as well as many unique avenues at the City's disposal. The overall cost in addition to normally programmed items for the 2006 Vote Ethics program was approximately $56,500 ($52,000 actual costs, $4,500 in- kind). Santa Clara currently has approximately 110,000 residents, which is an investment of roughly 510 per resident. 1). Ethics Program Pre and Post Polling: A comprehensive pre and post survey was completed to provide statistical data regarding public awareness of ethical voting practices. 2). Ethics and Finance Training: Numerous training opportunities were made available to candidates and their campaign workers. a. "Public Service Begins With Your Campaign!" ethics workshop was conducted. (30 people) b. FPPC Workshop for Candidates and Treasurers was hosted. (35 people) c. E- Filing training was provided regarding the City's updated NetFile system. (6 people) d. Post Election Feedback Session held to review campaign with candidates and workers. (20 people) 3). Direct Mail: Direct mail was focused primarily in the timeframe of October 10` when the absentee ballots were delivered, to November 3` the Friday before the election: a. Vote Ethics Guide (x2): 4 -page newspaper was sent to every Santa Clara household in September and again in October. (77, 700 pieces) b. Direct Mail: Three 8.5 x 11 post cards focused on core ideology and launching the new www.voteethics.org and www .santaclaracampaigndollars.org web pages. i. "What Do You Know /Register to Vote," featuring information to help voters make educated choices at the ballot box was sent to all households. (50,000 pieces) ii. "It Takes More Than Wishes," with information about how to research campaign mailers and who donates to campaigns was sent to all registered voter households. (27, 700 pieces) iii. "When Candidates Battle It Out," focusing on core Vote Ethics principles, sent to all registered voter households. (27, 700 pieces) 4). Utility Bill Insert: The City of Santa Clara provides electric, water and sewer utilities as well as the distribution of utility bills to residents. Included in the utility bill were: a. Mission City SCENES: The September, 2006 "Mission City SCENES" utility bill insert containing Vote Ethics message was sent to all City utility customers. (50,000 pieces) b. Utility Bill Insert: The October, 2006 municipal utility bills sent to all City residents and businesses had the Vote Ethics emphasis in numerous areas. (50,000 pieces) 5). Printed Media: San Jose Mercury News covered the City's Vote Ethics program in an article titled "Politicians Told to Play Nice, Santa Clara advances against dirty campaigns," outlining the City's 2006 Vote Ethics program. (253, 947 images) 2 6). Video News Briefs: A series of four video briefs were scripted, filmed, edited and aired by City staff on the City's Cable Channel 15 and on the City's website. a. "Register," covered the process of registering to vote. (aired 420 times) b. "Forums," covered the community forums and information. (aired 210 times) c. "Fine Print," covered assessing direct mail and researching campaign contributions. (aired 210 times) d. "Fair Fight," covered the City's ethics principles and priorities. (aired 210 times) 7). Radio: A radio public service announcement was aired during the two days prior to the election on Santa Clara University's local KSCU station. (aired 15 times) 8). Electronic Billboard: Announcements regarding the Vote Ethics program were shown on the Highway 101 electronic reader board. (22,680 images) 9). Website: Voter registration and Vote Ethics information was posted on voteethics.org and santaclaracampaigndollars.org. (4678 hits) 10). Community Outreach: a. Vote Ethics Presentations: Made at six of Santa Clara's leading community organizations. (130 people contacted) b. Arts and Wine Festival: A Vote Ethics booth was staffed at the September 16 and 17, 2006 Santa Clara Art Wine Festival. (600 people contacted) 11). Televised Forums: The City supported two forums which were aired on the City's Cable Channel 15: a. Candidates Forum: Sponsored jointly with the Chamber of Commerce, Santa Clara Weekly Newspaper and Citizens Advisory Committee. (175 people attended) b. Final Word Forum: Held the televised Final Word forum, the night before Election Day on Monday, November 6, to cover any last minute hit pieces. (I50 people attended) 12). Polling Places: City staff worked with the Registrar of Voters to ensure that adequate polling locations were identified within the City of Santa Clara. (1 new polling place, 3 redistributed polling places) 3 PROGRAM BENEFITS 1). Stability and Engagement: One of the most important elements in a strong Council /Manager style of government is the caliber of the election process, who is elected to City Council, and through them, who serves as the City Manager. City Council and Mayoral candidates were more carefully vetted by the public through the 2006 Vote Ethics program. Additionally, political campaigns normally send direct mail to a subset of all voters, referred to as a "likely voter universe." This universe includes only those households that have voted in a high percentage of recent elections and does not include less frequent voters. The 2006 Vote Ethics program's used a mail universe of either every household in Santa Clara regardless of voter registration, or every household that had at least one registered voter. In no cases did the City use a "likely voter universe." This helped bridge the "voter gap" of frequent vs. infrequent voters. A tangible indication of civic engagement is the measurement of voter registration and turnout comparing 2006, to the most recent, similar gubernatorial election cycle in 2002: Voter Registration: November, 2006: 43,620 November, 2002: 42,000 Registration Increase: +1,620 +3.8 registered voters Voter Turnout: November, 2006: November, 2002: Turnout Increase: 25,066 (57.5 21,435 (51 +3,631 +6.5 votes 2). Electoral Fairness: Traditionally, an opponent's ability to utilize misleading statements and last minute hit pieces has the potential to put an ethical candidate at a disadvantage, sometimes causing even moral candidates to behave poorly out of necessity. Through the 2006 Vote Ethics program, voters were engaged to be more educated and mindful of unethical campaign tactics, thereby allowing ethical candidates to campaign truthfully without a tactical disadvantage, and allowing voters full access to facts with adequate time for their consideration and discussion. A tangible indication of electoral fairness is judging the number of hit pieces as well as the fair campaign practices and campaign spending cap pledges: Absence of Last Minute Hit Pieces: Candidate Funded Last Minute Hit Pieces: 0 (0 Ethics and Campaign Finance Limit Pledges: Code of Fair Campaign Practices pledge: 7 candidates (100 Voluntary Campaign Expenditure Limit pledge: 7 candidates (100 3). Positive Public Perception: Overall perception regarding Santa Clara and public involvement in the election cycle increased by double- digits. Number of residents who feel they had too little information for making informed voting choices decreased by approximately -45 See the following poll results for more thorough information. 4 AWARENESS OF VARIOUS CITY ETHICS ACTIVITIES Early 2006 before campaign Late 2006 after campaign Number of residents who say they are very proud to live in the City of Santa Clara 49% 77% Agree with statement "people (residents) like you can have a big impact on making the City of Santa Clara a better place to live" 61% 79% Not aware or not very aware o City ethics program 74% 53% Number of residents who feel they have too little informatior for making informed voting choices 52% 7% AWARENESS OF VARIOUS CITY ETHICS ACTIVITIES Early 2006 before election Late 2006 after campaign and election Encouraged citizens to "Vote Ethics" in election 21% 52% Has a Code of Ethics and Values 38% 63% Holds ethics orientation sessions for City Commissioners 10% 24% Holds ethics Study Sessions for the City Council 13% 25% Provides training for political candidates on how to hold ethical political campaigns 9% 28% Has a voluntary ordinance that caps campaign spending at $29,300 15% 29% Has received state and national recognition for its Ethics and Values Program 12% 30% POLLING DATA One of the major benefits of the 2 electoral process and with the Cit and post- campaign survey of resi government with statistically vali 06 Vote Ethics program is the active participation of voters in the of Santa Clara. Part of the 2006 Vote Ethics Program was a pre ents to assess the community's attitudes towards ethics in local data. See below a comparison of the two sets of polling data: The survey also showed that Santa Clara residents rate the City highly in their assessment of ethical behavior compared to the state and federal government, another indication that the 2006 Vote Ethics campaign achieved its objectives. Residents rated the ethics of City government at 4.27 on a 6 -point scale, compared to 3.42 for state and 2.71 for federal government. Residents rated trust levels similarly, with City government at 4.27 on the same 6 -point scale compared to 3.50 for state and 2.84 for federal government. 5 The City of Santa Clara had anecdotal evidence that earlier efforts regarding ethics were having a positive impact in the community. The 2006 campaign was far more extensive and research shows that it had a significant and measurable impact, that it did reach targeted audiences, and that it changed their perceptions and behaviors. 6 SUMMARY OF PROGRAM MEASUREMENTS 1). Program Elements a). Ethics and Finance Training: b). Direct Mail: c). Utility Bill Insert: d). Printed Media: e). Video News Briefs: O. Radio: g). Electronic Billboard: h). Website: i). Community Outreach: j). Televised Forums: k). Polling Places: 2). Program Benefits a). Stability and Engagement: Registration Increase: Turnout Increase: b). Electoral Fairness: Candidate Funded Last Minute Hit Pieces: Code of Fair Campaign Practices pledge: Voluntary Campaign Expenditure Limit: 91 people 183,100 pieces 100,000 pieces 253,947 images aired 1050 times aired 15 times 22,680 images 4678 hits 730 people 325 people attended 1 new polling place, 3 redistributed +1,620 +3.8 registered voters +3,631 +6.5 votes 7 0 (0 7 candidates (100 7 candidates (100 3). Polling Summary a). Number of residents who say they are very proud to live in City of Santa Clara: b). Agree with statement "people (residents) like you can have a big impact on making the City of Santa Clara a better place to live c). Not aware or not very aware of City ethics program: d). Number of residents who feel they have too little information for making informed voting choices: e). Aware City encouraged citizens to "Vote Ethics" in election: f). Aware City has a Code of Ethics and Values: g). Aware City holds ethics orientation sessions for City Commissioners: h). Aware City holds ethics Study Sessions for the City Council: i). Aware City provides training for political candidates on how to hold ethical political campaigns: j). Aware City has a voluntary ordinance that caps campaign spending at $29,300: k). Aware City received state and national recognition for its Ethics and Values Program: +28% increase +18% increase -21% decrease -45% decrease +31% increase +25% increase +14% increase +12% increase +19% increase +14% increase +18% increase It takes more than vv!ofril.© to run a campaign Wh o 5 supporting the candidates message ics Vote from the Program Santa Clara Special interest groups may send out a campaign piece representing their own point of view, separate from what candidates authorize. These are called "independent expenditures" and should be closely examined as they represent a particular point of view. Information about who is involved in the committees funding these pieces can be found by clicking on Campaign Finance on the website of the California Secretary of State, www.ss.ca. gov. Use Cal- Access Search to locate a specific committee. Campaign pieces that recommend several candidates are called Honest candidates follow the letter and the "slate" mailers and may spirit of the law. They make no promises to be produced by a political supporters that will compromise their ability to party or organization that is represent the public's best interests. supporting certain candidates. Any individual, business or organization that Other slate mailers are gives $100 or more to a candidate is public commercial enterprises where record. Check the files to see who supports the candidates pay a fee to each candidate in disclosure forms posted on be included. Read the small www .santaclaracampaigndollars.org or read print! them at the City Clerk's Office at City Hall, 1500 Warburton Ave. All City candidates have agreed to a voluntary campaign spending limit of $29,300, with no single source providing more than $500. All campaign materials must be identified as to their source. Read the small print to find out who is printing and distributing City of Santa Clara information about a candidate and Ethics Values Program make your own judgment about their www.voteethics.org 408- 615 -2210 Look closely at campaign mailers and follow the money motives and commitment to fair, accurate statements. VOTE City of Santa Clara 1500 Warburton Ave. Santa Clara, CA 95050 PRST STD U.S. POSTAGE PAID PERMIT 92 SANTA CLARA, CA