HomeMy WebLinkAbout12-16-2015 Special Meeting Agenda Packet - Updated1
AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
DECEMBER 16, 2015
SPECIAL MEETING – 5:30 P.M. – ADMINISTRATIVE CONFERENCE ROOM, CITY HALL,
13777 FRUITVALE AVENUE
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters
not on this agenda. The law generally prohibits the council from discussing or taking action on such
items. However, the Council may instruct staff accordingly regarding Oral Communications under
Council Direction to Staff.
LIBRARY COMMISSION STUDY SESSION – 5:30 P.M.
COUNCIL NORMS STUDY SESSION – 6:15 P.M.
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City
Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale
Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the
posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by
staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time
they are distributed to the City Council.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please
contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II]
Certificate of Posting of Agenda:
I, Crystal Bothelio,, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the
City Council was posted and available for public review on December 11, 2015 at the City of Saratoga, 13777
Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us.
Signed this 11th day of December 2015 at Saratoga, California.
Crystal Bothelio, City Clerk
CITY OF SARATOGA
Memorandum
To: Saratoga City Council
From: Crystal Bothelio, City Clerk/Assistant to the City Manager
Date: December 16, 2015
Subject: Library Commission Study Session Supplemental Materials
Attached to this memorandum is material provided by Vice Mayor Emily Lo to help facilitate
discussion during the December 16, 2015 City Council Study Session on the Library Commission.
The attachments include comments from Santa Clara County Librarian Nancy Howe and examples of
Library Commission duties from other cities.
Campbell
2.33.040 - Duties—Responsibilities.
The duties of the Civic Improvement Commission shall be to:
(1)
Act in an advisory capacity to the City Council and to cooperate with other governmental agencies and civic
groups and voluntary organizations in the areas of cultural and historical needs, health and welfare services,
beautification, environment, library needs, and issues related to youth and senior citizens;
(2)
To identify community needs and problems within the scope of concerns assigned to the Commission;
(3)
To provide channels for the expression of community needs and problems as previously enumerated;
(4)
To advise the City Council as to what available resources could be used to deal with them;
(5)
Interpret the policies and functions of the Civic Improvement Commission to the general public;
(6)
To promote community interaction in all phases of civic needs as the City grows and changes in its new
environment.
Cupertino
2.68.070 Duties–Powers–Responsibilities.
The Library Commission shall have the following duties, powers and responsibilities, and such other as they may be
entrusted with by the City Council from time to time:
A. Consult with the City Council, the City staff and the Santa Clara County Library Joint Powers Authority and staff
regarding the functioning of the physical facilities of the Cupertino Library and shall make recommendations from time
to time for improvement or modification thereof;
B. Consult with the City Council, the City staff and the Santa Clara County Library Joint Powers Authority and staff
regarding the Cupertino Library programs and services to the community and shall make recommendations from time to
time for improvements or modifications thereof;
C. Consult with and act as liaison with private community groups supportive of the library program;
D. Consult with the architect and the City Council in the planning of any main or branch library building facilities,
including locations, building layout, architecture, landscaping and furnishings;
E. Hold hearings, formulate policies and make rules and procedures with respect to the foregoing for approval by the
City Council;
F. Perform such other tasks as may be expressly requested of it by the City Council.
(Ord. 1697, (part), 1995; Ord. 679, (part), 1975)
Gilroy
2.5 Same—Powers and duties of members.
In addition to the powers and duties of the individual commissions as outlined in the Charter, the commissions shall
have the following general powers, duties and responsibilities:
(1) To utilize all appropriate techniques in crystallizing and testing public sentiment on major public issues in their
respective fields.
(2) To hold official hearings as requested by the city council.
(3) To advise and recommend on city policies and procedures pertinent to their respective activities and functions.
(4) To support and adhere to all city policies promulgated by the council, and to establish interim policies in the absence
of such city policies.
(5) To provide information and promote good public relations between the city and the general public.
(6) To perform such other related functions as may be assigned by the city council. (Ord. No. 2005-24, § 1, 11-21-05)
Los Altos
2.08.070 - Powers and duties of the library commission.
The library commission shall act in an advisory capacity to the council in all matters pertaining to the city library,
shall cooperate with other governmental agencies and civic groups in the promotion of adequate and efficient library
service to the citizens of the community, shall make budget recommendations to the council with regard to the library,
and shall submit an annual report to the council.
Milpitas
Duties and Powers
It is intended that the Commission shall be an advisory body to the City Council. Nothing herein contained shall be
construed as a limitation on the power of the City Council or the administrative staff of the City in their supervision or
authority over property or personnel under their jurisdiction.
Saratoga
2-12.080 - Rules of procedure.
The following Sections of this Chapter pertaining to meetings conducted by the City Council shall be applicable to
all meetings conducted by Commissions:
2-10.020(b)
2-10.030 through 2-10.080
2-10.110(c), (d), (f) and (g)
2-10.120 through 2-10.170
As so applied to a Commission, all references therein to City Council or Council member shall be deemed to
mean the Commission or Commissioner to which the Section is applied. All references therein to the Mayor shall
be deemed to mean the Chair of the Commission; and all references therein to the City Clerk shall be deemed to
mean the secretary of the Commission.
(b)
The failure of passage of any motion before a Commission shall be deemed a denial of the motion; provided,
however, a motion failing by reason of an evenly split vote by the Commission at a meeting where not all
Commissioners are present shall be agendized and voted upon at the next regular meeting of the Commission at
which a quorum is present.
(c)
Each Commission shall elect a Chair to serve a twelve month term. No person shall serve as Chair of the same
Commission more than one full term in any four year period.
(d)
In addition to the rules made applicable to Commissions as specified in paragraph (a) of this Section, each
Commission shall have authority to adopt such other rules and procedures as it deems appropriate for the orderly
and efficient conduct of its business which are not inconsistent with the provisions of this Code.
(e)
The City Manager or his or her designee shall be the secretary of each Commission unless otherwise specified by
the ordinance or resolution establishing the Commission.
Morgan Hill
2.68.030 - Powers and duties.
The powers and functions of the commission shall be as follows:
A.
To act in an advisory capacity to the city council in all matters pertaining to library, culture and arts in the
community;
B.
To serve as a liaison between the city and the Santa Clara County library;
C.
To consult with private community groups supportive of library, culture and art programs and serve as a liaison
between such groups and the city;
D.
To provide advice and recommendations regarding the adequacy of existing library facilities and operations;
E.
To look for opportunities for participation of artists and performers in city-sponsored activities, and ways to
encourage community involvement in the arts;
F.
To work cooperatively with city boards and commissions and other public and private organizations in creating
and promoting art and cultural programs and activities within the city;
G.
To coordinate and strengthen existing organizations in the arts and develop cooperation with regional
organizations;
H.
To make recommendations to the city council regarding the funding of community art projects, including the
search for private and public grants, and regarding the disbursement of revenues consistent with the needs of
the community;
I.
To review and make recommendations to the city council upon all works of art to be acquired by the city, either
by purchase, gift or otherwise, and exterior works of art installed in the city on public property;
J.
To recommend to the city council the adoption of such ordinances or policies as it may deem necessary for the
administration and preservation of the arts and cultural development of the city;
K.
To perform such other tasks as may be expressly requested of it by the city council;
L.
To conduct such other hearings as are necessary and in accordance with its own rules and regulations for the
transaction of its business, or rules for conduct; and
M.
To report its decisions and recommendations relating to the above matters, in writing to the city council.
CITY OF SARATOGA
Memorandum
To: Saratoga City Council
From: Crystal Bothelio, City Clerk/Assistant to the City Manager
Date: December 16, 2015
Subject: Library Commission Study Session Supplemental Materials
After distribution of the December 16, 2015 City Council Agenda Packet, Council Member Mary-
Lynne Bernald provided the enclosed materials for City Council consideration during the Council’s
study session on the Library Commission.
1
Crystal Bothelio
From:Mary-Lynne Bernald
Sent:Tuesday, December 15, 2015 3:58 PM
To:Crystal Bothelio
Cc:James Lindsay; Manny Cappello
Subject:FW: Library Commission
Attachments:CC Memo_LibraryCommWkPlan2014-v3.pdf; ATT00001.htm
After reading the enclosed Library materials, I pulled up material sent to me by one of Cupertino's Library Commission
members. I believe it contains lots of information pertinent to our upcoming discussion. Would you please send it out to
all the Council members.
Thank you.
Mary-Lynne
From: Jerry Liu (Cupertino Library Commission) [cupertino@jerryliu.com]
Sent: Sunday, October 18, 2015 4:34 PM
To: Mary-Lynne Bernald
Subject: Library Commission
Hi Mary-Lynne,
We chatted at the last Traffic Solution Group meeting at Cupertino City Hall about a month ago and I meant to
send you some thoughts around library commissions. I’m sorry it has taken so long to get back to you - it
seems that my life is driven by deadlines nowadays...
In any case, our discussion got me thinking about how I would explain to someone the benefits of being on the
commission, and in reviewing our work plan, I ended up with the following:
1. Learning more about the library - getting information on how the library is doing - accomplishments,
challenges, and plans for the future.
2. Interacting with the city government - this can be a good way for someone interested in getting more
involved in the civic arena to do so. Libraries are generally well-liked and is usually a lot less controversial,
and likely stressful, than a commission like Planning.
3. Community outreach - my personal take is that libraries are generally under-appreciated and do a lot more
than what most people in the community would expect. Being on a commission is a fabulous opportunity for
someone to play that role of the community ambassador for the library, with a more formal role and support in
doing so.
4. Personal interest - The librarians and the city council have been supportive of library related projects that
the commissioners are interested in. For instance, we have a poet laureate program that the library foundation
funds and one that the city recognizes. We also have commissioners working with both the city and the library
district to put together lecture series.
I’ve attached the 2014 work plan when I chaired the commission. I’d be glad to help in anyway I can in helping
with recruiting library commissioners.
Best,
Jerry
To: City Council
From: Library Commission
Date: March 17, 2014
Subject: 2014 Cupertino Library Commission Work Plan
The following summarizes the Cupertino Library Commission’s planned work program for
calendar year 2014.
I. EFFECTIVE, INFORMED ADVOCACY AND OUTREACH:
Commissioners are committed to reaching out to all segments of the Cupertino
community in communicating the many benefits provided by the Cupertino Community
Library through its holdings, partnerships, services, and programs. Specific annual plans
include:
1. On a continuing effort, we will enhance our effectiveness as spokespersons for the
Library through developing best practices for community engagement, maintaining
our knowledge on library resources, and familiarizing ourselves with available
Library outreach materials. Recent educational events attended by the Commissioners
included speech from County Supervisor Joe Simitian and presentation on future of
libraries by Sandy Hirsh, Director of the School of Library and Information Science
at San Jose State University.
2. We will coordinate with Library staff to utilize opportunities, when we are in
attendance at Library functions, to speak to audiences on behalf of the city and its
support of the Library and to encourage input to the Commission on Library issues.
3. In collaboration with Cupertino City staff, we will continue to support a
communication channel allowing the community to provide input to the
Commissioners, raise issues, and receive responses. We will commit to responding to
all issues raised by the community to the best of our abilities.
4. Helping each other, we intend to undertake deliberate outreach to groups representing
a cross-section of the Cupertino community. The groups may include, but are not
limited to: Rotary Club, Kiwanis, Chamber of Commerce, PTAs, and other
associations. Our approach incorporates scheduling these opportunities
collaboratively, helping each other prepare for and support these commitments, and
providing positive feedback to support our improved performance.
5. We will schedule regular appearances at meetings of the Cupertino City Council and
will seek, over the course of the year, to present to each of the other City
Commissions in addition to our routine participation with the Mayor’s Meetings.
6. We will continue to participate in community events as representatives and advocates
of the Library and to improve our understanding of the needs and reactions of the
OFFICE OF ADMINISTRATIVE SERVICES
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3202
(408) 777-3220 • FAX (408) 777-3109
community. Examples of past and continuing events include Silicon Valley Reads,
Poet Laureate activities, Earth Day, Cherry Blossom Festival, Diwali Festival, Fall
Festival, SF Shakes performances, Cultural and Performing Arts series.
7. When attending events, we will take care to wear city issued nametags as
identification and to indicate we are approachable.
II. TECHNOLOGY AND DIGITAL RESOURCES:
As digital resources become more pervasive and digital content based products and
services become more sophisticated, the Commission recognizes that educating the
community about these digital resources and providing access to these resources are
important aspects of the Library’s mission.
1. Members of the Library Commission, not to exceed two, will explore the landscape
of digital services provided by the SCCLD relative to other leading library systems to
recommend projects to be undertaken by the Commission in technology and digital
resources. Potential projects include the supporting the evolution of Tech Toolbar,
the redesign of the CupertinoLibrary.org website, and the introduction of 3D printing
to the Library.
2. We will receive briefings from Library staff on the nature, use, and popularity of
digital library resources and how to access them.
3. We will review reports on digital resource usage to understand trends in community
usage. Note that statistics on digital resources are not specific to Cupertino, but
represent usage across the Santa Clara County Library District (SCCLD).
4. We will attend trainings related to accessing and using digital resources, in part as a
supporting activity to the Effective, Informed Advocacy and Outreach section
outlined above.
5. Members of the Library Commission, not to exceed two, will seek an appropriate
collaboration with the Cupertino Library Foundation. This effort is also referenced in
Partnerships and Collaborations, below.
III. CUPERTINO POET LAUREATE PROJECT:
The Library Commission has consistently maintained a strong presence as an equal partner in
collaboration with the Cupertino Library Foundation and the Friends of the Cupertino
Library in initiating and sustaining the Poet Laureate Project.
1. We will continue to assist Poet Laureate in planning and executing programs
including public readings, coffee house gatherings, poetry workshops, citywide
contests, and specialized events for children and teens.
IV. PARTNERSHIPS AND COLLABORATIONS:
Cooperation with other city services, community groups, and SCCLD activities engaged
with the Cupertino Community Library are highly significant to the Commission.
1. We will continue to nurture relationships with the Cupertino Library Foundation and
the Friends of the Cupertino Library.
2. In the coming year, we will consider collaborating on the project identified by its
Working Group (described in section II part 1, above) with the Cupertino Library
Foundation.
V. SUSTAINABILITY INITIATIVES:
The Library Commission is committed to addressing both the macro- and micro-levels of
sustainability at the Library and in its own efforts.
1. Along with the City of Cupertino Sustainability Manager, the Cupertino Community
Librarian, SCCLD staff, and other interested parties, we will plan a multi-part
Sustainability Speakers Series for children, teens, adult, and seniors. Current plans
are to have the children’s event coincide with Earth Day celebration events, the teen
event to be high tech related, the adult event to be related to global warming, and the
senior event to be health related and potentially coordinated with the Park and
Recreation Department and PlaneTree Health Information Center.
2. We share the pride the City of Cupertino and the Cupertino Library have in the
energy-efficiency and resource sustainability choices characterizing the facility and
its operations. Ideas to enhance these will be high in the Commission’s priorities with
respect to Facilities, Accessibility, and Library Hours, below.
3. We note the synergy between its sustainability focus and applications of Technology
and Digital Resources, above, as supporting the ‘24/7 Library,’ accessible anywhere,
anytime.
VI. EDUCATION INITIATIVES:
The Commissioners recognize the importance of education to the residents of Cupertino as
well as the significant role that the library plays in fulfilling the education needs of the
community.
1. We will explore, with the Cupertino Community Librarian and staff, ways to
coordinate more closely with local area schools to provide educational resources to
students.
VII. FACILITIES, ACCESSIBILITY, AND LIBRARY HOURS:
Commissioners continue to be vigilant and engaged on issues affecting parking, pedestrian
safety, library hours, City Council budget allocations, and various other matters arising. The
Commission would like to draw the attention of city staff and the City Council to the
Commissioners’ willingness and availability to consult on such matters, both to investigate
issues and to recommend solutions advantageous to all parties.
1. We are closely following the planning and development of Library expansion
projects, including the expansions of Library indoor space and parking spaces.
2. Members of the Library Commission, not to exceed two, will work with the Public
Works Department to provide input on development projects related to the Library.
VII. OTHER ACTIVITIES as requested by the City Council or as agreed to by the
Commission.
[Approved by consensus of the Cupertino Library Commissioners in attendance on March 5,
2014.]
CITY OF SARATOGA
Memorandum
To: Saratoga City Council
From: Crystal Bothelio, City Clerk/Assistant to the City Manager
Date: December 16, 2015
Subject: Council Norms Study Session Supplemental Materials
Attached to this memorandum is material provided at the request of Mayor Manny Cappello for the
City Council Norms Study Session. Attachments include examples of Code of Ethics from other
California cities.
City of Sunnyvale
2012 Code of Ethics and Conduct for
Elected and Appointed Officials
"Conduct is three-fourths of our life and its largest concern."
-- Matthew Arnold
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 2 of 16
Table of Contents
Title Page No.
A. Ethics 3
B. Conduct 5
1. Elected and Appointed Officials’ Conduct with One Another 5
2. Elected and Appointed Officials’ Conduct with City Staff 7
3. Elected and Appointed Officials’ Conduct with the Public 9
4. Council Conduct with Other Public Agencies 11
5. Council Conduct with Boards and Commissions 11
6. Conduct with the Media 12
C. Sanctions 12
D. Principles of Proper Conduct 14
E. Checklist for Monitoring Conduct 15
F. Glossary of Terms 15
G. Implementation 15
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 3 of 16
Policy Purpose
The Sunnyvale City Council has adopted a Code of Ethics and Conduct for members of the City Council and
the City’s boards and commissions to assure public confidence in the integrity of local government and its
effective and fair operation.
A. ETHICS
The citizens and businesses of Sunnyvale are entitled to have fair, ethical and accountable local government
which has earned the public’s full confidence for integrity. In keeping with the City of Sunnyvale
Commitment to Excellence, the effective functioning of democratic government therefore requires that:
public officials, both elected and appointed, comply with both the letter and spirit of the laws and
policies affecting the operations of government;
public officials be independent, impartial and fair in their judgment and actions;
public office be used for the public good, not for personal gain; and
public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of
respect and civility.
To this end, the Sunnyvale City Council has adopted a Code of Ethics and Conduct for members of the City
Council and of the City’s boards and commissions to assure public confidence in the integrity of local
government and its effective and fair operation. The Ethics section of the City’s Code of Ethics and Conduct
provides guidance on ethical issues and questions of right and wrong.
1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary
concern, members will work for the common good of the people of Sunnyvale and not for any private
or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions
coming before the Sunnyvale City Council, boards and commissions.
2. Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with the
laws of the nation, the State of California and the City of Sunnyvale in the performance of their public
duties. These laws include, but are not limited to: the United States and California constitutions; the
Sunnyvale City Charter; laws pertaining to conflicts of interest, election campaigns, financial
disclosures, employer responsibilities, and open processes of government; and City ordinances and
policies.
3. Conduct of Members. The professional and personal conduct of members must be above reproach and
avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal
charges or verbal attacks upon the character or motives of other members of Council, boards and
commissions, the staff or public.
4. Respect for Process. Members shall perform their duties in accordance with the processes and rules of
order established by the City Council and board and commissions governing the deliberation of public
policy issues, meaningful involvement of the public, and implementation of policy decisions of the City
Council by City staff.
5. Conduct of Public Meetings. Members shall prepare themselves for public issues; listen courteously
and attentively to all public discussions before the body; and focus on the business at hand. They shall
refrain from interrupting other speakers; making personal comments not germane to the business of the
body; or otherwise interfering with the orderly conduct of meetings.
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 4 of 16
6. Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter
at hand, rather than on unrelated considerations.
7. Communication. Members shall publicly disclose substantive information that is relevant to a matter
under consideration by the Council or boards and commissions, which they may have received from
sources outside of the public decision-making process.
8. Conflict of Interest. In order to assure their independence and impartiality on behalf of the common
good, members shall not use their official positions to influence government decisions in which they
have a material financial interest, or where they have an organizational responsibility or personal
relationship which may give the appearance of a conflict of interest. In accordance with the law,
members shall disclose investments, interests in real property, sources of income, and gifts; and they
shall abstain from participating in deliberations and decision-making where conflicts may exist.
9. Gifts and Favors. Members shall not take any special advantage of services or opportunities for
personal gain, by virtue of their public office, that are not available to the public in general. They shall
refrain from accepting any gifts, favors or promises of future benefits which might compromise their
independence of judgment or action or give the appearance of being compromised.
10. Confidential Information. Members shall respect the confidentiality of information concerning the
property, personnel or affairs of the City. They shall neither disclose confidential information without
proper legal authorization, nor use such information to advance their personal, financial or other private
interests.
11. Use of Public Resources. Members shall not use public resources not available to the public in general,
such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
12. Representation of Private Interests. In keeping with their role as stewards of the public interest,
members of Council shall not appear on behalf of the private interests of third parties before the
Council or any board, commission or proceeding of the City, nor shall members of boards and
commissions appear before their own bodies or before the Council on behalf of the private interests of
third parties on matters related to the areas of service of their bodies.
13. Advocacy. Members shall represent the official policies or positions of the City Council, board or
commission to the best of their ability when designated as delegates for this purpose. When presenting
their individual opinions and positions, members shall explicitly state they do not represent their body
or the City of Sunnyvale, nor will they allow the inference that they do. Councilmembers and board and
commission members have the right to endorse candidates for all Council seats or other elected offices.
It is inappropriate to mention or display endorsements during Council meetings, board/commission
meetings, or other official City meetings.
14. Policy Role of Members. Members shall respect and adhere to the council-manager structure of
Sunnyvale City government as outlined by the Sunnyvale City Charter. In this structure, the City
Council determines the policies of the City with the advice, information and analysis provided by the
public, boards and commissions, and City staff. Except as provided by the City Charter, members
therefore shall not interfere with the administrative functions of the City or the professional duties of
City staff; nor shall they impair the ability of staff to implement Council policy decisions.
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 5 of 16
15. Independence of boards and commissions. Because of the value of the independent advice of boards
and commissions to the public decision-making process, members of Council shall refrain from using
their position to unduly influence the deliberations or outcomes of board and commission proceedings.
16. Positive Work Place Environment. Members shall support the maintenance of a positive and
constructive work place environment for City employees and for citizens and businesses dealing with
the City. Members shall recognize their special role in dealings with City employees to in no way create
the perception of inappropriate direction to staff.
B. CONDUCT
The Conduct section of the City’s Code of Ethics and Conduct is designed to describe the manner in which
Councilmembers and board and commission members should treat one another, City staff, constituents, and
others they come into contact with in representing the City of Sunnyvale. It reflects the work of a Council
Policy and Protocol Subcommittee that was charged with defining more clearly the behavior, manners, and
courtesies that are suitable for various occasions. The Subcommittee also considered a wide variety of policy
changes and clarifications designed to make public meetings and the process of governance run more
smoothly.
The constant and consistent theme through all of the conduct guidelines is "respect." Councilmembers
experience huge workloads and tremendous stress in making decisions that could impact thousands of lives.
Despite these pressures, elected and appointed officials are called upon to exhibit appropriate behavior at all
times. Demonstrating respect for each individual through words and actions is the touchstone that can help
guide Councilmembers and board and commission members to do the right thing in even the most difficult
situations.
1. Elected and Appointed Officials’ Conduct with One Another
"In life, courtesy and self-possession, and in the arts, style, are the sensible impressions of the free mind, for
both arise out of a deliberate shaping of all things and from never being swept away, whatever the emotion,
into confusion or dullness."
-- William Butler Yeats
Elected and appointed officials are composed of individuals with a wide variety of backgrounds,
personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in
order to preserve and protect the present and the future of the community. In all cases, this common goal
should be acknowledged even though individuals may "agree to disagree" on contentious issues.
1(a). In Public Meetings
Use formal titles
Elected and appointed officials should refer to one another formally during public meetings, such as Mayor,
Vice Mayor, Chair, Commissioner or Councilmember followed by the individual’s last name.
Practice civility and decorum in discussions and debate
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are
legitimate elements of a free democracy in action. This does not allow, however, public officials to make
belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or
physical actions that could be construed as threatening will be tolerated.
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 6 of 16
Honor the role of the chair in maintaining order
It is the responsibility of the chair to keep the comments of members on track during public meetings.
Members should honor efforts by the chair to focus discussion on current agenda items. If there is
disagreement about the agenda or the chair’s actions, those objections should be voiced politely and with
reason, following procedures outlined in parliamentary procedure.
Avoid personal comments that could offend other members
If a member is personally offended by the remarks of another member, the offended member should make
notes of the actual words used and call for a "point of personal privilege" that challenges the other member to
justify or apologize for the language used. The chair will maintain control of this discussion.
Demonstrate effective problem-solving approaches
Members have a public stage to show how individuals with disparate points of view can find common
ground and seek a compromise that benefits the community as a whole.
Outside of official board or commission meetings, individual board and commission members are not
authorized to represent the City or their board or commission unless specifically designated by the Council or
the board or commission to do so for a particular purpose. In private settings, board and commission
members may communicate at any time and on any subject with individual members of the City Council, and
may express to them individual viewpoints and opinions. In public, however, all members shall represent the
official policies or positions of their board or commission, with the following exception. During a Council
public hearing on any item addressed by the board or commission, any member may speak under standard
time limits, but shall indicate whether their testimony represents an official position (majority opinion) or a
minority opinion of the board/commission to which they belong. The chair shall represent the majority view
of the board or commission, but may report on any minority views as well, including his or her own. When
an official board or commission position differs from staff’s recommendation on a particular policy issue,
then at the Mayor’s discretion additional time may be provided to the chair of the board or commission (or
his/her designee) to explain the position of the board/commission or to rebut statements made by staff or the
public. If new information is brought to light during a public hearing which was not shared previously with
the board or commission, the Mayor may allow the board or commission chair to respond. If the Council
deems the new information sufficient to warrant additional study, then by majority vote Council may remand
the issue back to the board or commission for further study prior to taking other action itself.
Individual opinions and positions may be expressed by board and commission members regarding items that
have not come before the particular board/commission to which they belong. When presenting their
individual opinions and positions, members shall explicitly state they do not represent their body or the City
of Sunnyvale, nor will they allow the inference that they do.
Although a board or commission may disagree with the final decision the Council makes, the board or
commission shall not act in any manner contrary to the established policy adopted by the Council.
1(b). In Private Encounters
Continue respectful behavior in private
The same level of respect and consideration of differing points of view that is deemed appropriate for public
discussions should be maintained in private conversations.
Be aware of the insecurity of written notes, voicemail messages, and E-mail
Technology allows words written or said without much forethought to be distributed wide and far. Would
you feel comfortable to have this note faxed to others? How would you feel if this voicemail message were
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 7 of 16
played on a speaker phone in a full office? What would happen if this E-mail message were forwarded to
others? Written notes, voicemail messages and e-mail should be treated as potentially "public"
communication.
Even private conversations can have a public presence
Elected and appointed officials are always on display – their actions, mannerisms, and language are
monitored by people around them that they may not know. Lunch table conversations will be eavesdropped
upon, parking lot debates will be watched, and casual comments between individuals before and after public
meetings noted.
In private, board and commission members may communicate at any time and on any subject with the City
Council, and may express to Council individual viewpoints and opinions.
2. Elected and Appointed Officials’ Conduct with City Staff
"Never let a problem become an excuse."
-- Robert Schuller
Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials
who advise the elected, and City staff who implements and administers the Council’s policies. Therefore,
every effort should be made to be cooperative and show mutual respect for the contributions made by each
individual for the good of the community.
Treat all staff as professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual is
expected. Poor behavior towards staff is not acceptable.
Member questions/inquiries to City staff
1. General. Council and board/commission communications with City staff should be limited to normal
City business hours unless the circumstances warrant otherwise. Responses to Council questions posed
outside of normal business hours should be expected no earlier than the next business day.
2. Routine Requests for Information and Inquiries. Members may contact staff directly for information
made readily available to the general public on a regular basis (e.g., “What are the library’s hours of
operation?” or “How does one reserve a tee time at the golf course?”). Under these circumstances staff
shall treat the member no differently than they would the general public, and the member shall not use
their elected status to secure preferential treatment. The city manager does not need to be advised of such
contacts.
3. Non-Routine Requests for Readily Available Information. Members may also contact staff directly for
easily retrievable information not routinely requested by the general public so long as it does not require
staff to discuss the issue or express an opinion (e.g., “How many traffic lights are there in the City?” or
“Under what circumstances does the City lower its flags to half mast?”)
4. Non-Routine Requests Requiring Special Effort. Any member request or inquiry that requires staff to
compile information that is not readily available or easily retrievable and/or that requests staff to express
an opinion (legal or otherwise) must be directed to the city manager, or to the city attorney, as
appropriate (e.g., “How many Study Issues completed over the past five years have required 500 or more
hours of staff time?”, or “What is the logic behind the City’s sign ordinances affecting businesses along
El Camino Real?”). The city manager (or city attorney as appropriate) shall be responsible for
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 8 of 16
distributing such requests to his/her staff for follow-up. Responses to such requests shall be copied to all
Councilmembers (if originating from a Councilmember), relevant board or commission members (if
originating from a board or commission member), the city manager, the city attorney as appropriate and
affected department directors.
5. Meeting Requests. Any member request for a meeting with staff must be directed to the city manager or
city attorney, as appropriate.
6. Public Safety Restrictions. Under certain circumstances, requests for information regarding operations or
personnel of the Department of Public Safety may be legally restricted. Applicable statutes include: The
Peace Officers’ Procedural Bill of Rights (California Government Code Section 3300, et seq.),
Confidentiality of Peace Officer Records (California Penal Code Section 832.5-7), and a number of
exceptions to the California Public Records Act, defined in Government Code Section 6254. Providing
information in response to such requests could violate the law, and might also violate due process rights
that have been defined for peace officers in the State of California. Accordingly, it shall be the policy of
the City of Sunnyvale to strictly comply with all applicable legal authorities governing the release of
Department of Public Safety information and records.
Do not disrupt City staff from their jobs
Elected and appointed officials should not disrupt City staff while they are in meetings, on the phone, or
engrossed in performing their job functions in order to have their individual needs met. Do not attend City
staff meetings unless requested by staff – even if the elected or appointed official does not say anything, his
or her presence implies support, shows partiality, intimidates staff, and hampers staff’s ability to do their job
objectively.
Never publicly criticize an individual employee
Elected and appointed officials should never express concerns about the performance of a City employee in
public, to the employee directly, or to the employee’s manager. Comments about staff performance should
only be made to the city manager through private correspondence or conversation. Comments about staff in
the office of the city attorney should be made directly to the city attorney. Appointed officials should make
their comments regarding staff to the city manager or the Mayor.
Do not get involved in administrative functions
Elected and appointed officials must not attempt to influence City staff on the making of appointments,
awarding of contracts, selecting of consultants, processing of development applications, or granting of City
licenses and permits. [See Code of Ethics] The Sunnyvale City Charter, Section 807, also contains
information about the prohibition of Council interference in administrative functions.
Check with City staff on correspondence before taking action
Before sending correspondence, Councilmembers should check with City staff to see if an official City
response has already been sent or is in progress. Board and commission members shall not send
correspondence except as authorized under the City’s policies governing volunteers. (Council Policy 7.2.19,
Boards and Commissions.)
Limit requests for staff support
Routine secretarial support will be provided to all Councilmembers. The Council Executive Assistant opens
all mail for Councilmembers, unless a Councilmember requests other arrangements. Mail addressed to the
Mayor is reviewed first by the city manager who notes suggested action and/or follow-up items.
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
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Requests for additional staff support – even in high priority or emergency situations – should be made to the
city manager who is responsible for allocating City resources in order to maintain a professional, well-run
City government.
Do not solicit political support from staff
Elected and appointed officials should not solicit any type of political support (financial contributions,
display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens
with constitutional rights, support political candidates but all such activities must be done away from the
workplace.
3. Elected and Appointed Officials’ Conduct with the Public
"If a man be gracious and courteous to strangers, it shows he is a citizen of the world, and that his heart is
no island cut off from other lands, but a continent that joins to them."
-- Francis Bacon
3(a). In Public Meetings
Making the public feel welcome is an important part of the democratic process. No signs of partiality,
prejudice or disrespect should be evident on the part of individual members toward an individual
participating in a public forum. Every effort should be made to be fair and impartial in listening to public
testimony.
Be welcoming to speakers and treat them with care and gentleness. While questions of clarification may be
asked, the official’s primary role during public testimony is to listen.
"I give many public presentations so standing up in front of a group and using a microphone is not new to
me. But I found that speaking in front of Council was an entirely different experience. I was incredibly
nervous and my voice was shaking. I think the reason was because the issue was so personal to me. The
Council was going to take a vote that would affect my family’s daily life and my home. I was feeling a lot of
emotion. The way that Council treats people during public hearings can do a lot to make them relax or to
push their emotions to a higher level of intensity."
Be fair and equitable in allocating public hearing time to individual speakers.
"The first thing the Mayor said to me was to be brief because the meeting was running late and the Council
was eager to go home. That shouldn’t be my problem. I’m sorry my item was at the end of the agenda and
that there were a lot of speakers, but it is critically important to me and I should be allowed to say what I
have to say and believe that the Council is listening to me."
The chair will determine and announce limits on speakers at the start of the public hearing process. Questions
should not be asked for the express purpose of allowing one speaker to evade the time limit imposed on all
others (e.g., “Was there something else you wanted to say?”). Generally, each speaker will be allocated three
minutes with applicants and appellants or their designated representatives allowed ten. If many speakers are
anticipated, the chair may shorten the time limit and/or ask speakers to limit themselves to new information
and points of view not already covered by previous speakers.
No speaker will be turned away unless he or she exhibits inappropriate behavior. Each speaker may only
speak once during the public hearing unless the chair requests additional clarification later in the process.
After the close of the public hearing, no more public testimony will be accepted unless the chair reopens the
public hearing for a limited and specific purpose.
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
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Give the appearance of active listening
It is disconcerting to speakers to have members not look at them when they are speaking. It is fine to look
down at documents or to make notes, but reading for a long period of time or gazing around the room gives
the appearance of disinterest. Be aware of facial expressions, especially those that could be interpreted as
"smirking," disbelief, anger or boredom.
Maintain an open mind
Members of the public deserve an opportunity to influence the thinking of elected and appointed officials. To
express an opinion or pass judgment prior to the close of a public hearing casts doubt on a member’s ability
to conduct a fair review of the issue. This is particularly important when officials are serving in a quasi-
judicial capacity.
Ask for clarification, but avoid debate and argument with the public
Only the chair – not individual members – can interrupt a speaker during a presentation. However, a member
can ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or language the
member finds disturbing.
If speakers become flustered or defensive by questions, it is the responsibility of the chair to calm and focus
the speaker and to maintain the order and decorum of the meeting. Questions by members to the public
testifying should seek to clarify or expand information. It is never appropriate to belligerently challenge or
belittle the speaker. Members’ personal opinions or inclinations about upcoming votes should not be revealed
until after the public hearing is closed.
No personal attacks of any kind, under any circumstance
Members should be aware that their body language and tone of voice, as well as the words they use, can
appear to be intimidating or aggressive.
Follow parliamentary procedure in conducting public meetings
The city attorney serves as advisory parliamentarian for the City and is available to answer questions or
interpret situations according to parliamentary procedures. The chair, subject to the appeal of the full Council
or board/commission makes final rulings on parliamentary procedure.
3(b). In Unofficial Settings
Make no promises on behalf of the Council, board/commission or City
Members will frequently be asked to explain a Council or board/commission action or to give their opinion
about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief
overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or
implicitly promise Council or board/commission action, or to promise City staff will do something specific
(fix a pothole, remove a library book, plant new flowers in the median, etc.).
Make no personal comments about other members
It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments
about other members, their opinions and actions.
Remember that despite its impressive population figures, Sunnyvale is a small town at heart
Members are constantly being observed by the community every day that they serve in office. Their
behaviors and comments serve as models for proper deportment in the City of Sunnyvale. Honesty and
respect for the dignity of each individual should be reflected in every word and action taken by members, 24
hours a day, seven days a week. It is a serious and continuous responsibility.
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
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4. Council Conduct with Other Public Agencies
"Always do right. This will gratify some people and astonish the rest."
-- Mark Twain
Be clear about representing the City or personal interests
When representing the City, the Councilmember must support and advocate the official City position on an
issue, not a personal viewpoint. Outside of official board or commission meetings, board and commission
members are not authorized to represent the City or their board or commission unless specifically designated
by the Council or the board or commission to do so for a particular purpose.
When representing another organization whose position is different from the City, the Councilmember
should withdraw from voting on the issue if it significantly impacts or is detrimental to the City’s interest.
Councilmembers should be clear about which organizations they represent and inform the Mayor and
Council of their involvement.
Correspondence also should be equally clear about representation
City letterhead may be used when the Councilmember is representing the City and the City’s official
position. A copy of official correspondence should be given to the Council Executive Assistant to be filed in
the Council Office as part of the permanent public record.
City letterhead should not be used for non-City business nor for correspondence representing a dissenting
point of view from an official Council position.
5. Council Conduct with Boards and Commissions
"We rarely find that people have good sense unless they agree with us."
--Francois, Duc de La Rochefoucauld
The City has established several boards and commissions as a means of gathering more community input.
Citizens who serve on boards and commissions become more involved in government and serve as advisors
to the City Council. They are a valuable resource to the City’s leadership and should be treated with
appreciation and respect.
If attending a board or commission meeting, be careful to only express personal opinions
Councilmembers may attend any board or commission meeting, which are always open to any member of the
public. However, they should be sensitive to the way their participation especially if it is on behalf of an
individual, business or developer -- could be viewed as unfairly affecting the process. Any public comments
by a Councilmember at a board or commission meeting should be clearly made as individual opinion and not
a representation of the feelings of the entire City Council.
Limit contact with board and commission members to questions of clarification
It is inappropriate for a Councilmember to contact a board or commission member to lobby on behalf of an
individual, business, or developer, and vice versa. It is acceptable for Councilmembers to contact board or
commission members in order to clarify a position taken by the board or commission.
Remember that boards and commissions serve the community, not individual Councilmembers
The City Council appoints individuals to serve on boards and commissions, and it is the responsibility of
boards and commissions to follow policy established by the Council. But board and commission members do
not report to individual Councilmembers, nor should Councilmembers feel they have the power or right to
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 12 of 16
threaten board and commission members with removal if they disagree about an issue. Appointment and re-
appointment to a board or commission should be based on such criteria as expertise, ability to work with staff
and the public, and commitment to fulfilling official duties. A board or commission appointment should not
be used as a political "reward."
Be respectful of diverse opinions
A primary role of boards and commissions is to represent many points of view in the community and to
provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers
may have a closer working relationship with some individuals serving on boards and commissions, but must
be fair and respectful of all citizens serving on boards and commissions.
Keep political support away from public forums
Board and commission members may offer political support to a Councilmember, but not in a public forum
while conducting official duties. Conversely, Councilmembers may support board and commission members
who are running for office, but not in an official forum in their capacity as a Councilmember.
6. Conduct with the Media
"Keep them well fed and never let them know that all you’ve got is a chair and a whip."
-- Lion Tamer School
Board and commission members are not authorized to represent the City outside of official
board/commission meetings unless specifically authorized to do so.
Councilmembers are frequently contacted by the media for background and quotes.
The best advice for dealing with the media is to never go "off the record"
Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted
to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted.
The Mayor is the official spokesperson for the City on City positions.
The Mayor is the designated representative of the Council to present and speak on the official City position.
If an individual Councilmember is contacted by the media, the Councilmember should be clear about
whether their comments represent the official City position or a personal viewpoint.
Choose words carefully and cautiously
Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides,
sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the
media.
C. SANCTIONS
"You cannot have a proud and chivalrous spirit if your conduct is mean and paltry;
for whatever a man’s actions are, such must be his spirit."
-- Demosthenes
Public Disruption
Members of the public who do not follow proper conduct after a warning in a public hearing may
be barred from further testimony at that meeting or removed from the Council Chambers.
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
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Inappropriate Staff Behavior
Councilmembers should refer to the city manager any City staff or to the city attorney any City
Attorney’s staff who do not follow proper conduct in their dealings with Councilmembers, other
City staff, or the public. These employees may be disciplined in accordance with standard City
procedures for such actions. (Please refer to the section on Council Conduct with City Staff for more details
on interaction with Staff.)
Councilmembers Behavior and Conduct
Compliance and Enforcement. The Sunnyvale Code of Ethics and Conduct expresses standards of ethical
conduct expected for members of the Sunnyvale City Council, boards and commissions. Members
themselves have the primary responsibility to assure that ethical standards are understood and met, and that
the public can continue to have full confidence in the integrity of government. The chairs of boards and
commissions and the Mayor and Council have the additional responsibility to intervene when actions of
members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention.
City Councilmembers who intentionally and repeatedly do not follow proper conduct may be reprimanded or
formally censured by the Council, lose seniority or committee assignments (both within the City of
Sunnyvale or with inter-government agencies) or have official travel restricted. Serious infractions of the
Code of Ethics or Code of Conduct could lead to other sanctions as deemed appropriate by Council.
Councilmembers should point out to the offending Councilmember infractions of the Code of Ethics and
Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is
the individual whose actions are being challenged, then the matter should be referred to the Vice Mayor.
It is the responsibility of the Mayor to initiate action if a Councilmember’s behavior may warrant sanction. If
no action is taken by the Mayor, the alleged violation(s) can be brought up with the full Council in a public
meeting.
Board and Commission Members Behavior and Conduct
Counseling, verbal reprimands and written warnings may be administered by the Mayor to board and
commission members failing to comply with City policy. These lower levels of sanctions shall be kept
private to the degree allowed by law. Copies of all written reprimands administered by the Mayor shall be
distributed in memo format to the chair of the respective board or commission, the city clerk, the city
attorney, the city manager, and the City Council. Written reprimands administered by the Mayor shall not be
included in packets for public meetings and shall not be publicized except as required under the Public
Records Act.
The City Council may impose sanctions on board and commission members whose conduct does not comply
with the City’s policies, up to and including removal from office. Any form of discipline imposed by Council
shall be determined by a majority vote of at least a quorum of the Council at a noticed public meeting and
such action shall be preceded by a Report to Council with supporting documentation. The Report to Council
shall be distributed in accordance with normal procedures, including hard copies to numerous public
facilities and posting online. Any Report to Council addressing alleged misconduct by a board or
commission member shall be routed through the Office of the city attorney for review of whether any
information is exempt from disclosure (subject to redaction) based on privacy interests authorized under the
Public Records Act.
When deemed warranted, the Mayor or majority of Council may call for an investigation of board or
commission member conduct. Should the city manager or city attorney believe an investigation is warranted,
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 14 of 16
they shall confer with the Mayor or Council. The Mayor or Council shall ask the city manager and/or the city
attorney to investigate the allegation and report the findings.
The results of any such investigation shall be provided to the full Council in the form of a Report to Council,
and shall be placed on the agenda of a noticed public meeting as “Information Only”. Any such report shall
be made public and distributed in accordance with normal procedures (i.e., hard copies to numerous public
locations and posted online). Any report to Council addressing the investigation of board and commission
members shall be routed through the Office of the City Attorney for review of whether any information is
exempt from disclosure (subject to redaction) based on privacy interests authorized under the Public Records
Act.
It shall be the Mayor and/or the Council’s responsibility to determine the next appropriate action. Any such
action taken by Council (with the exception of “take no further action”) shall be conducted at a noticed
public hearing. These actions include, but are not limited to: discussing and counseling the individual on the
violations; placing the matter on a future public hearing agenda to consider sanctions; forming a Council ad
hoc subcommittee to review the allegation, the investigation and its findings, as well as to recommend
sanction options for Council consideration.
Under the City Charter, the City Council also may remove members of boards and commissions from office.
A violation of this Code of Ethics and Conduct shall not be considered a basis for challenging the validity of
a Council, board or commission decision.
D. PRINCIPLES OF PROPER CONDUCT
Proper conduct IS …
Keeping promises
Being dependable
Building a solid reputation
Participating and being available
Demonstrating patience
Showing empathy
Holding onto ethical principles under stress
Listening attentively
Studying thoroughly
Keeping integrity intact
Overcoming discouragement
Going above and beyond, time and time again
Modeling a professional manner
Proper conduct IS NOT …
Showing antagonism or hostility
Deliberately lying or misleading
Speaking recklessly
Spreading rumors
Stirring up bad feelings, divisiveness
Acting in a self-righteous manner
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
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It all comes down to respect
Respect for one another as individuals … respect for the validity of different opinions … respect for the
democratic process … respect for the community that we serve.
E. CHECKLIST FOR MONITORING CONDUCT
o Will my decision/statement/action violate the trust, rights or good will of others?
o What are my interior motives and the spirit behind my actions?
o If I have to justify my conduct in public tomorrow, will I do so with pride or shame?
o How would my conduct be evaluated by people whose integrity and character I respect?
o Even if my conduct is not illegal or unethical, is it done at someone else’s painful expense? Will it
destroy their trust in me? Will it harm their reputation?
o Is my conduct fair? Just? Morally right?
o If I were on the receiving end of my conduct, would I approve and agree, or would I take offense?
o Does my conduct give others reason to trust or distrust me?
o Am I willing to take an ethical stand when it is called for? Am I willing to make my ethical beliefs public
in a way that makes it clear what I stand for?
o Do I exhibit the same conduct in my private life as I do in my public life?
o Can I take legitimate pride in the way I conduct myself and the example I set?
o Do I listen and understand the views of others?
o Do I question and confront different points of view in a constructive manner?
o Do I work to resolve differences and come to mutual agreement?
o Do I support others and show respect for their ideas?
o Will my conduct cause public embarrassment to someone else?
F. GLOSSARY OF TERMS
attitude The manner in which one shows one’s dispositions, opinions, and feelings
behavior External appearance or action; manner of behaving; carriage of oneself
civility Politeness, consideration, courtesy
conduct The way one acts; personal behavior
courtesy Politeness connected with kindness
decorum Suitable; proper; good taste in behavior
manners A way of acting; a style, method, or form; the way in which thing are done
point of order An interruption of a meeting to question whether rules or bylaws are being
broken, such as the speaker has strayed from the motion currently under
consideration
point of personal
privilege
A challenge to a speaker to defend or apologize for comments that a fellow
member considers offensive
propriety Conforming to acceptable standards of behavior
protocol The courtesies that are established as proper and correct
respect The act of noticing with attention; holding in esteem; courteous regard
G. IMPLEMENTATION
As an expression of the standards of conduct for members expected by the City, the Sunnyvale Code of
Ethics and Conduct is intended to be self-enforcing. It therefore becomes most effective when members are
thoroughly familiar with it and embrace its provisions. For this reason, this document shall be included in the
regular orientations for candidates for City Council, applicants to board and commissions, and newly elected
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 16 of 16
and appointed officials. Members entering office shall sign a statement affirming they read and understood
the City of Sunnyvale Code of Ethics and Conduct. In addition, the Code of Ethics and Conduct shall be
annually reviewed by the City Council, boards and commissions, and the City Council shall consider
recommendations from boards and commissions and update it as necessary.
(Adopted: RTC 08-113 (4/8/08), Update: RTC 09-036 (2/3/09); Updated: RTC 09-047 (2/24/09); Approved
with no changes: RTC 10-078 (3/23/10); Approved with no changes: RTC 11-058 (3/29/11); Approved with
no changes: RTC 12-067 (3/20/2012))
Lead Department: Office of the City Manager
City of Belmont
Code of Ethics and Conduct
For
Elected and Appointed Officials
"Always do right. This will gratify some people and
astonish the rest."
-- Mark Twain
Adopted June 10, 2014 by Resolution 2014-095
2
For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
Policy Purpose
The Belmont City Council adopts this Code of Ethics and Conduct to assure that all elected and
appointed public officials conduct themselves in a manner that will instill public confidence and trust
in the fair operation and integrity of Belmont’s City government.
A. ETHICS
The citizens and businesses of Belmont are entitled to have fair, ethical and accountable local
government. To this end, the public should have full confidence that their elected and appointed
public officials:
Comply with both the letter and spirit of the laws and policies affecting the operations of
government;
Are independent, impartial and fair in their judgment and actions;
Use their public office for the public good, not for personal gain; and
Conduct public deliberations and processes openly, unless required by law to be confidential,
in an atmosphere of respect and civility.
Therefore, members of the City Council, City Treasurer, and City Clerk and of all Boards and
Commissions shall conduct themselves in accordance with the following ethical standards:
1. Act in the Public Interest. Recognizing that stewardship of the public interest must be
their primary concern, members will work for the common good of the people of Belmont and
not for any private or personal interest, and they will assure fair and equal treatment of all
persons, claims and transactions coming before the Belmont City Council, Boards and
Commissions.
2. Comply with both the spirit and the letter of the Law and City Policy. Members shall
comply with the laws of the nation, the State of California and the City of Belmont in the
performance of their public duties. These laws include, but are not limited to: the United States
and California constitutions; laws pertaining to conflicts of interest, election campaigns,
financial disclosures, employer responsibilities, and open processes of government; and City
ordinances and policies.
3. Conduct of Members. The professional and personal conduct of members must be
above reproach and avoid even the appearance of impropriety. Members shall refrain from
abusive conduct, personal charges or verbal attacks upon the character or motives of other
members of Council, Boards and Commissions, the staff or public.
4. Respect for Process. Members shall perform their duties in accordance with the processes and
rules of order established by the City Council.
5. Conduct at Public Meetings. Members shall prepare themselves for public issues; listen
courteously and attentively to all public discussions before the body; and focus on the business
at hand. They shall refrain from interrupting other speakers; making personal comments not
germane to the business of the body; or otherwise interfering with the orderly conduct of
meetings.
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For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
6. Decisions Based on Merit. Members shall base their decisions on the merits and substance of
the matter at hand, rather than on unrelated considerations. When making adjudicative
decisions (those decisions where the member is called upon to determine and apply facts
peculiar to an individual case), members shall maintain an open mind until the conclusion of the
hearing on the matter and shall base their decisions on the facts presented at the hearing and the
law.
7. Communication. For adjudicative matters pending before the body, members shall refrain from
receiving information outside of an open public meeting or the agenda materials, except on
advice of the City Attorney. Members shall publicly disclose substantive information that is
relevant to a matter under consideration by the body which they may have received from
sources outside of the public decision-making process.
8. Conflict of Interest. In order to assure their independence and impartiality on behalf of the
common good and compliance with conflict of interest laws, members shall use their best
efforts to refrain from creating an appearance of impropriety in their actions and decisions.
Members shall not use their official positions to influence government decisions in which they
have (a) a material financial interest, (b) an organizational responsibility or personal relationship
which may give the appearance of a conflict of interest, or (c) a strong personal bias.
A member who has a potential conflict of interest regarding a particular decision shall disclose
the matter to the city attorney and reasonably cooperate with the city attorney to analyze the
potential conflict. If advised by the city attorney to seek advice from the Fair Political Practices
Commission (FPPC) or other appropriate state agency, a member shall not participate in a
decision unless and until he or she has requested and received advice allowing the member to
participate. A member shall diligently pursue obtaining such advice. The member shall provide
the Mayor and the city attorney a copy of any written request or advice, and conform his or her
participation to the advice given. In providing assistance to members, the city attorney
represents the City and not individual members.
In accordance with the law, members shall disclose investments, interests in real property,
sources of income, and gifts; and if they have a conflict of interest regarding a particular
decision, shall not, once the conflict is ascertained, participate in the decision and shall not
discuss or comment on the matter in any way to any person including other members unless
otherwise permitted by law.
9. Gifts and Favors. Members shall not take any special advantage of services or opportunities for
personal gain, by virtue of their public office that is not available to the public in general. They
shall refrain from accepting any gifts, favors or promises of future benefits which might
compromise their independence of judgment or action or give the appearance of being
compromised.
10. Confidential Information. Members must maintain the confidentiality of all written materials
and verbal information provided to members which is confidential or privileged. Members shall
neither disclose confidential information without proper legal authorization, nor use such
information to advance their personal, financial or other private interests.
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For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
11. Use of Public Resources. Members shall not use public resources which are not available to
the public in general (e.g., City staff time, equipment, supplies or facilities) for private gain or
for personal purposes not otherwise authorized by law.
12. Representation of Private Interests. In keeping with their role as stewards of the public
interest, members of Council shall not appear on behalf of the private interests of third
parties before the Council or any Board, Commission or proceeding of the City, nor shall
members of Boards and Commissions appear before their own bodies or before the Council on
behalf of the private interests of third parties on matters related to the areas of service of their
bodies.
13. Advocacy. Members shall represent the official policies or positions of the City Council, Board
or Commission to the best of their ability when designated as delegates for this purpose. When
presenting their individual opinions and positions, members shall explicitly state they do not
represent their body or the City of Belmont, nor will they allow the inference that they do.
Councilmembers and Board and Commission members have the right to endorse candidates for
all Council seats or other elected offices. It is inappropriate to mention or display endorsements
during Council meetings, Board/Commission meetings, or other official City meetings.
14. Policy Role of Members. Members shall respect and adhere to the council-manager structure
of Belmont City government as outlined in the Belmont City Code. In this structure, the City
Council determines the policies of the City with the advice, information and analysis provided
by City staff, Boards and Commissions, and the public. Except as provided by the City Code,
members shall not interfere with the administrative functions of the City or the professional
duties of City staff; nor shall they impair the ability of staff to implement Council policy
decisions.
15. Independence of Boards and Commissions. Because of the value of the independent advice
of Boards and Commissions to the public decision-making process, members of Council shall
refrain from using their position to unduly influence the deliberations or outcomes of Board
and Commission proceedings.
16. Positive Work Place Environment. Members shall support the maintenance of a positive
and constructive work place environment for City employees and for citizens and businesses
dealing with the City. Members shall recognize their special role in dealings with City
employees to in no way create the perception of inappropriate direction to staff.
B. CONDUCT GUIDELINES
The Conduct Guidelines are designed to describe the manner in which Councilmembers and Board
and Commission members should treat one another, City staff, constituents, and others they come
into contact with while representing the City of Belmont.
1. Elected and Appointed Officials’ Conduct with Each Other in Public Meetings
Elected and appointed officials are individuals with a wide variety of backgrounds, personalities,
values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to
preserve and protect the present and the future of the community. In all cases, this common goal
5
For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
should be acknowledged even though individuals may not agree on every issue.
(a) Honor the role of the chair in maintaining order
It is the responsibility of the chair to keep the comments of members on track during public
meetings. Members should honor efforts by the chair to focus discussion on current agenda
items. If there is disagreement about the agenda or the chair’s actions, those objections should
be voiced politely and with reason, following procedures outlined in parliamentary procedure.
(b) Practice civility and decorum in discussions and debate
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and
information are legitimate elements of debate by a free democracy in action. Free debate does
not require nor justify, however, public officials to make belligerent, personal, impertinent,
slanderous, threatening, abusive, or disparaging comments.
(c) Avoid personal comments that could offend other members
If a member is personally offended by the remarks of another member, the offended member
should make notes of the actual words used and call for a "point of personal privilege" that
challenges the other member to justify or apologize for the language used. The chair will
maintain control of this discussion.
(d) Demonstrate effective problem-solving approaches
Members have a public stage and have the responsibility to show how individuals with disparate
points of view can find common ground and seek a compromise that benefits the community as
a whole.
2. Elected and Appointed Officials’ Conduct with the Public in Public Meetings
Making the public feel welcome is an important part of the democratic process. No signs of partiality,
prejudice or disrespect should be evident on the part of individual members toward an individual
participating in a public forum. Every effort should be made to be fair and impartial in listening to
public testimony.
(a) Be welcoming to speakers and treat them with care and gentleness.
While questions of clarification may be asked, the official’s primary role during public
testimony is to listen.
(b) Be fair and equitable in allocating public hearing time to individual speakers.
The chair will determine and announce limits on speakers at the start of the public hearing
process. Generally, each speaker will be allocated three minutes with applicants and appellants
or their designated representatives allowed additional time. If many speakers are anticipated, the
chair may shorten the time limit and ask speakers to limit themselves to new information and
points of view not already covered by previous speakers.
(c) Practice active listening
It is disconcerting to speakers to have members not look at them when they are speaking. It is
fine to look down at documents or to make notes, but reading for a long period of time or gazing
around the room gives the appearance of disinterest. Be conscious of facial expressions, and
avoid those that could be interpreted as "smirking," disbelief, anger or boredom.
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For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
(d) Maintain an open mind
Members of the public deserve an opportunity to influence the thinking of elected and appointed
officials. To express an opinion or pass judgment before the close of a public hearing casts
doubt on a member’s ability to conduct a fair review of the issue. This is particularly important
when officials are making adjudicative decisions.
(e) Ask for clarification, but avoid debate and argument with the public
Only the chair – not individual members – can interrupt a speaker during a presentation.
However, a member can ask the chair for a point of order if the speaker is off the topic or
exhibiting behavior or language the member finds disturbing.
3. Elected and Appointed Officials’ Conduct with City Staff
Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed
officials who advise the elected, and City staff who implement and administer the Council’s policies.
Therefore, every effort should be made to be cooperative and show mutual respect for the
contributions made by each individual for the good of the community.
(a) Treat all staff as professionals
Clear, honest communication that respects the abilities, experience, and dignity of each
individual is expected. Poor behavior towards staff is not acceptable.
(b) Do not disrupt City staff from their jobs
Elected and appointed officials should not disrupt City staff while they are in meetings, on
the phone, or engrossed in performing their job functions in order to have their individual
needs met. Do not attend City staff meetings unless requested by staff – even if the elected or
appointed official does not say anything, his or her presence implies support, shows partiality,
may intimidate staff, and hampers staff’s ability to do their job objectively.
(c) Never publicly criticize an individual employee
Elected and appointed officials should never express concerns about the performance of a City
employee in public, to the employee directly, or to the employee’s manager. Comments about
staff performance should only be made to the city manager through private correspondence or
conversation. Appointed officials should make their comments regarding staff to the city
manager or the Mayor.
(d) Do not get involved in administrative functions
Elected and appointed officials acting in their individual capacity must not attempt to influence
City staff on the making of appointments, awarding of contracts, selecting of consultants,
processing of development applications, or granting of City licenses and permits.
(e) Do not solicit political support from staff
Elected and appointed officials should not solicit any type of political support (financial
contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City
staff may, as private citizens with constitutional rights, support political candidates but all such
activities must be done away from the workplace.
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For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
(f) No Attorney-Client Relationship
Members shall not seek to establish an attorney-client relationship with the city attorney,
including his or her staff and attorneys contacted to work on behalf of the City. The city
attorney represents the City and not individual members. Members who consult with the city
attorney cannot enjoy or establish an attorney-client relationship with the attorney.
4. Council Conduct with Boards and Commissions
The City has established several Boards and Commissions as a means of gathering more community
input. Citizens who serve on Boards and Commissions become more involved in government and
serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should
be treated with appreciation and respect.
(a) If attending a Board or Commission meeting, be careful to only express personal opinions
Councilmembers may attend any Board or Commission meeting, which are always open
to any member of the public. However, they should be sensitive to the way their participation
– especially if it is on behalf of an individual, business or developer – could be viewed as
unfairly affecting the process. Any public comments by a Councilmember at a Board or
Commission meeting should be clearly made as individual opinion and not a
representation of the feelings of the entire City Council.
(b) Limit contact with Board and Commission members to questions of clarification
It is inappropriate for a Councilmember to contact a Board or Commission member to
lobby on behalf of an individual, business, or developer, and vice versa. It is acceptable for
Councilmembers to contact Board or Commission members in order to clarify a position taken
by the Board or Commission.
(c) Respect that Boards and Commissions serve the community, not individual
Councilmembers
The City Council appoints individuals to serve on Boards and Commissions, and it is the
responsibility of Boards and Commissions to follow policy established by the Council. But
Board and Commission members do not report to individual Councilmembers, nor should
Councilmembers feel they have the power or right to threaten Board and Commission members
with removal if they disagree about an issue. Appointment and re-appointment to a Board or
Commission should be based on such criteria as expertise, ability to work with staff and the
public, and commitment to fulfilling official duties. A Board or Commission appointment
should not be used as a political "reward."
(d) Be respectful of diverse opinions
A primary role of Boards and Commissions is to represent many points of view in the
community and to provide the Council with advice based on a full spectrum of concerns and
perspectives. Councilmembers may have a closer working relationship with some individuals
serving on Boards and Commissions, but must be fair and respectful of all citizens serving on
Boards and Commissions.
(e) Keep political support away from public forums
Board and Commission members may offer political support to a Councilmember, but not
in a public forum while conducting official duties. Conversely, Councilmembers may support
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For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
Board and Commission members who are running for office, but not in an official forum in
their capacity as a Councilmember.
C. SANCTIONS
(a) Acknowledgement of Code of Ethics and Conduct
City Councilmembers who do not sign an acknowledgement that they have read, understand and
agree to abide by this Code of Ethics and Conduct shall be ineligible for intergovernmental
assignments or Council subcommittees. Board and Commission members, who do not sign an
acknowledgement that they have read, understand and agree to abide by this Code of Ethics
and Conduct may be subject to removal from office.
(b) Ethics Training for Local Officials
City Councilmembers, City Treasurer, City Clerk, Board and Commission Members who are
out of compliance with State or City mandated requirements for ethics training shall not
represent the City on intergovernmental assignments or Council subcommittees, and may be
subject to sanctions.
(c) Councilmember Behavior and Conduct
The Belmont Code of Ethics and Conduct expresses standards of ethical conduct expected for
members of the Belmont City Council, Boards and Commissions. Members themselves have the
primary responsibility to assure that ethical standards are understood and met, and that the
public can continue to have full confidence in the integrity of government. The chairs of Boards
and Commissions and the Mayor and Council have the additional responsibility to intervene
when actions of members that appear to be in violation of the Code of Ethics and Conduct are
brought to their attention.
City Councilmembers who intentionally and repeatedly do not follow proper conduct may be
reprimanded or formally censured by the Council, lose seniority or committee assignments
(both within the City of Belmont and with intergovernmental agencies) or other privileges
afforded by the Council. Serious infractions of the Code of Ethics or Code of Conduct
could lead to other sanctions as deemed appropriate by the Council.
Councilmembers should point out to the offending Councilmember infractions of the Code of
Ethics and Conduct. If the offenses continue, then the matter should be referred to the Mayor in
private. If the Mayor is the individual whose actions are being challenged, then the matter
should be referred to the Vice Mayor.
It is the responsibility of the Mayor to initiate action if a Councilmember’s behavior may
warrant sanction. If no action is taken by the Mayor, the alleged violation(s) can be brought up
with the full Council in a public meeting.
(d) Board and Commission Members Behavior and Conduct
Counseling, verbal reprimands and written warnings may be administered by the Mayor to
Board and Commission members failing to comply with City policy. These lower levels of
sanctions shall be kept private to the degree allowed by law. Copies of all written reprimands
administered by the Mayor shall be distributed in memo format to the chair of the respective
Board or Commission, the city clerk, the city attorney, the city manager, and the City Council.
9
For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
The City Council may impose sanctions on Board and Commission members whose conduct
does not comply with the City’s policies, up to and including removal from office. Any form of
discipline imposed by Council shall be determined by a majority vote of at least a quorum of
the Council at a noticed public meeting and such action shall be preceded by a Report to
Council with supporting documentation.
When deemed warranted, the Mayor or majority of Council may call for an investigation of
Board or Commission member conduct. Also, should the city manager or city attorney believe
an investigation is warranted, they shall confer with the Mayor or Council. The Mayor or
Council shall ask the city manager or the city attorney to investigate the allegation and report
the findings.
These sanctions are alternatives to any other remedy that might otherwise be available to
remedy conduct that violates this code or state or federal law. In order to protect and preserve
good government, any individual including the city manager and the city attorney after
complying with Rule 3-600(B) of the State Bar Rules of Professional Conduct, who knows or
reasonably believes a member acts or intends or refuses to act in a manner that is or may be a
violation of law reasonably imputable to the organization, or in a manner which is likely to
result in substantial injury to the organization, may report the violation to the appropriate
governmental authorities.
D. IMPLEMENTATION
As an expression of the standards of conduct for members expected by the City, the Belmont
Code of Ethics and Conduct is intended to be self-enforcing. It therefore becomes most effective
when members are thoroughly familiar with it and embrace its provisions.
For this reason, this document shall be included in the regular orientations for candidates for City
Council, City Treasurer, City Clerk, applicants to Board and Commissions, and newly elected and
appointed officials. Members entering office shall sign a statement acknowledging they have read,
understand and agree to abide by this Code of Ethics and Conduct. In addition, the Code of Ethics
and Conduct shall be periodically reviewed by the City Council, Boards and Commissions, and
updated it as necessary.
I affirm that I have read, understand and agree to abide by the City of Belmont Code of Ethics
and Conduct for Elected and Appointed Officials.
Signature Date