8. HANDOUT 02-16-2010
PERSONAL CG~E aF CGNDUCTIETHICS FGA. T~3E CITY' GF FIR.E~AUGH
PRE.AILE
The residents and businesses of City of Firebaugh are entitled tQ have fair, ethic and accountable
local government, Such a government requires that public o~'icials:
Comply with both the letter and the spirit of the laws and policies affective operations of
the government.
® Be independent, impartial and fair in their judgment and actions.
Use their public o~rce for the public gaud, not for personal gain,
Conduct public deliberations a processes openly, unless legally confidential, in an
atmosphere of respect and civility.
Ta this end, the City of Firebaugh City Council has adopted this Code of Ethics to encQUrage
public confidence in the integrity of local government and its fair an effective operation.
Elected and Appointed officials shall sign this personal code of conduct at time of their election
to office.
City Staff and'~olunteers shall sign this personal code of conduct at tune of employment.
l , Actin the Public Interest
Recognizing that stewardship of the public interest must be their principal concern,
everyone shall work for the common good of the personal code of the City of Firebaugh and
not fox any private or personal interest, and they will endeavor to ~.~eat all persons, claims
and transactions in fair an equitable manner.
2, Comply with the Law
Everyone shall comply with the laws of the nation, the State of Califo~~ia and the City in
the perforznance of theit~ public duties. These laws include, but are not limited to: the
United States and California constitutions; the City of Firebaugh General City, laws
pe~~taining to conduct of interest, election campaigns, financial disclosures, employer
responsibilities and open processes of government; and City ordinance and polies.
3. Conduct of Members
Everyone shall ref rain from abusive conduct, verbal attacks upon the
character or motives of other members of the City Council, boards, commissions,
committees, staff ar the public,
d
4, Respect for Process
Duties shall be performed in accordance with the processes and rules of order established by
the City Council.
5, Conduct of Public Meetings
Everyone shall inform themselves of public issues, listen attentively to public
discussions before the body and focus on the business at hand.
~, Decisions Dosed on Merit
Shall be based upon the merits and substance of the matter at hand,
7, Commu~.cation
~t is the responsibility of everyone to publicly share s~stantive information that is relevant
to a matter under consideration that they received from sources outside of the public
decision-making processes.
8. Disclosure of Corruption
Everyone shall take an oath upon assuming office, pledging to uphold the constitution and
laws of the City, the State and the Federal government, As part of this oath, officials
commit to disclosing to the appropriate authorities andlor to the City Council any behavior
ar action that may qualify as corruption, abuse, fraud, bribery or other violators the law.
9. Conflict of interest
~ order to assure their independence and impartiality on behalf of the public goad,
everyone shall not use their official positions to influence government decisions in which
they have a financial Merest where they have an organizational responsibility or a personal
relationship that would present a conflict of interest under applicable State law,
lo. Gifts and Favors
Everyone shall not take advantage of services or opportunities personal gain by virtue of
their public offices that are not available to the public in general. They shall refrain from
accepting gifts, favors or promises of future benefits that might compromise their
independence judgment or action ar give the appearance of being compromised,
1l. Canfidentiallnformation
Everyone shall respect and preserve the confidentiality of information provided to them
concerning the confidential matters of the City. They sha 11 neither disclose con~.dential
information without proper legal authorizat~n nor use such information to advance their
person's financial or private interests.
12. Representation of Private Interests
In keeping with their role as stewards of the public trust, everyone shall not appear an behalf
of the private interests of a third-party before the City Council or any board, commission or
committee or proceeding the City.
13. Advocacy
To the best of their ability, everyone shall represent the official policies and positions of the
City Council, when presenting their personal opinions or positions, members shall
explicitly state that they do not represent the Council ar the City.
16. Improper Influence
Everyone shall refrain from using their position to improperly influence the
deliberations or decisions of City staff, boards, commission or committees.
17. Policy Role of Members
Everyone shall respect and adhere to the Council-Manager structure of the City of
Firebaugh City Government as provided in State law the General City.
18. Positive work Environment
Everyone shall support the maintename of a positive and constr~tive environment for
residents, businesses and City employees.
19. Implementation
Ethics standards shall be included in the regular orientations far Staff and Volunteers,
All members shall sign a statement affirming they read and understand the City of
Firebaugh City Council Code of Ethics.
~+ ~
20, Compliance and Enforcement
Everyone has the primary responsibility to assure that ethical standards are understond and
met and that the public can continue to have full confidence in the integrity of City
government.
This personal code of conduct shall be considered to be a summary of ethical conduct by
Firebaugh Staff and volunteers.
I affirm that I have read and understand the City of Firebaugh City Council Personal Code of
Conduct,
~ acknowledge that I may be removed from my appointed office or volunteer position by the City
Council if my conduct falls below these ethical standards.
Signature
date
Florence City Council- Code of Conduct
The citizens of Florence are entitled to have fair, ethical, professional, respectful and accountable local
government. Members of the Council must avoid any conduct that impairs the ability of the Council to
perform its functions or to enjoy the can~idence of the public, the profession or our City Government. To
this end, Council Members are being provided a guideline for conduct. City Council members shall read
and comply with this voluntary personal code of conduct to shave citizens their commitment to encourage
public confidence in the integrity of our local government.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, council members
shall wank for the common good of the citizens of Florence and not for any private or personal
interest, and they will endeavor to treat ail persons, claims and transactions in a fair and equitable
manner.
2, Conduct of Council Members
The achievement of good outcomes for the City of Florence is dependent upon a mature and
constructive working relationship based on mutual trust, respect and acceptance of the different but
complementary roles between Council members and City Staff. Council members shall respect the
diversity of opinions of other members of the City Council and City Staff and recognizing the right of
all points of view to be heard with courtesy, respect and an open mind, Embarrassing a Council
member or City Staff is counterproductive. Council members should seek to achieve a team
approach that values the contribution of each to achieve the desired outcomes for the City of Florence.
Council members shall refrain from abusive conduct, personal charges or verbal attacks upon the
character or motives of other members of the City Council, City staff or the public. Council members
shall maintain decorum and set an example for conduct when the council member is representing the
City, Council members shall conduct themselves so as not to bring disgrace or embarrassment upon
the City. "If you cannot say something nice or appropriate about someone, then do not say anything
at-all."
3. Be Informed
Council members should be properly informed on all matters for decision, Council members are
provided an opportunity at workshops to ask questions and become informed. Council members are
provided information packets before each City Council meeting and shall ensure that the packets are
opened, reviewed and is prepared to make decisions based on that information. If a Council member
needs additional information to make an informed decision, they should contact the City Manager
who will put you in touch with the appropriate City Staff prior to the City Council meeting.
4. Respect for the Process
Council members shall respect the process that is set in place for all public meetings, including
following agendas and rules of order. Council members shall value their vote, You were elected to
represent your constituents in your community and with your conscience in mind, but not your
personal opinions and interests,
In the interest of time and for the sake of fairness and consistency, the City Council members will
respect and follow the rules listed below during Council meetings:
4191207 Page 1 of ~
a, Mayor will present the agenda item
b. Mayor will provide Council with any pertinent information
c, Mayor will ask the appropriate City Staff member to provide the Council with any additional
information cif necessary)
d. Mayor will ask for a motion
e, Mayor will ask for a second
f. Mayor will restate the motion and call for discussion
g. Mayor will first turn to the Council member wha made the motion to start the discussion ar
ask questions -~ limit 4 minutes
h. Mayor will, in turn, ask each of the remaining Council members to continue the discussion or
ask questions -~ limit 4 minutes
i, Each Council member ~.ay only speak twice on the same motion during one meeting
j , The Mayor will then reiterate the question and call far a vote
k, In the Mayors absence, the Mayar Pro Tem will lead the meeting.
During the discussion, Council members will limit their discussions to the agenda item., the motion
proposed and will not repeat themselves. The Mayor may call to order any discussion, which engages
in personal attacks or is off point. Similarly, if the meeting starts to get out of hand, the Mayar will
make a motion to recess or a motion to adjourn, which is not debatable and must be voted on
j~11~'lediately.
workshops are mainly used for discussing issues and items coning before the City Council so that
Council members may obtain the necessary information to make a sound decision. The City Council
members will respect and follow the rules listed below:
a, Same rules apply for workshops as stated unde~• the Code of Conduct #2 - Conduct of
Members
b. The Mayor or City Manager will present the agenda item
c. The Mayor or City Manager will ask the appropriate City Staff member to present the
information
d, The Mayor will ask each Council member to either ask questions ar make a statement ~-limit
5 minutes
e, Each Council member will be provided another turn to ask additional clarifying questions or
statements -~ limit 5 minutes
f. once Council has completed the discussion, the Mayor will continue to the next agenda item
During the discussion, Council members will limit their discussion to the agenda item and will not
repeat themselves, The Mayor will call to order any discussion, which engages in personal attacks or
is off point.
5, Re~resenta~on o~P~rsonal lnte~ests
In keeping with their role as stewards of the public trust, Council members shall not represent their
awn private interests, political ambitions or personal opinions at any public meeting. when a Council
member is speaking in public and voicing opinions of matters that have not gave before the entire
Council, the Council member will note that they are speaking on their own behalf not on behalf of the
entire City Council.
4/9/2007 Page 2 of 3
6, Communit~~o~e ~.epresentation
~~
The Mayor appoints Council members to mend and represent the City Council at various community
meetings. The Council member is just a representative and not at liberty to act on behalf of the
Council, As a representative of the City Council your responsibilities are limited to:
a. Attending and documenting the meeting by providing a written report for the City Council
by use of the Council packets,
b. Answer any questions that the committee or board might have
c. Bring back any issues, concerns or unanswered questions to the Council far consideration
and action.
Council members shall refrain from using their position to improperly influence the deliberations or
decisions of any outside committee or board.
7. Positive work Environment
Council members shall support the maintenance of a positive and constructive environment for
citizens, businesses, City Council and City staff.
S. dew Issues andlor Items for Consideration b the Council IVienabers
City Council members and City Staff will insure that any new issues or items for consideration andlor
decision by the Council will be presented to the Council ~. a workshop before being placed on the
City Council agenda fox vote (i.e,, new projects, grant considerations, etc}, This does not include
payment for bills that have a}ready been voted on or approved by City Council ooday-today or
month-to-month ac~.vities.
9. Priorities of Council and Use of_City Staff
Before asking City Staff to research or put together action items, Council members will workshop the
issues or item with the satire council before expending the use of City Staff time and energy.
10. Compliance
Council members themselves have the primary responsibility to assure that these Codes are
understood and met and that the public can continue to have full confidence in the integrity of City
Government.
419/2007 Page 3 of 3
s
City of Evans Code of Conduct
for Elected Officials
The ree ~ o va overnen Lea ersh~
ae~~ a an~~° °~xe~ and exec
The City Charter provides detailed information on the roles and responsibilities of Council
members, the Mayor Pro~Tem, and the Mayor, The City's Code of Ethics provides guidance on
ethical issues and questions of right and wrong, Until now, what has not been clearly written
down is a Code of Conduct far Evans' elected officials.
This Code of Conduct is designed to describe the manner in which Council members should heat
one another, city staff, constituents, and others they come into contact with in representing the
City of Evans, it refi.ects the work of the City Council with defining more clearly the behavior,
manners, and courtesies that are suitable far various occasions. The City Council also
considered a wide variety of policy changes and clarifications designed to make public meetings
and the process of governance run more smoothly,
e contents of this Code of Conduct includes: Pa
Overview of Roles ~ Res onsibilities 2
Policies ~ Protocol Related to Conduct 3
Council Conduct with one Another
Council Conduct with Ci Staff 5
g Council Conduct with The Public 7
® Council Conduct with ether Public A encies ~
Council Conduct with Boards and Commi.ssians 9
Council Conduct with The Media 10
Sanctions 1
® Princi les of Pro er Conduct 11
Checklist for Nlonitarin Conduct 12
How Governin Bod Members Can Govern Better 13
i~ Glossas of Terms 17
The constant and consistent theme through all of the conduct guidelines is "respect." Council
members experience s~ess in making decisions that impact the lives of the citizens. At times,
the impacts of t~.e entire community must be weighed against the impact of only a few. Despite
these pressures, elected 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 Council members to do the eight thing in even the most difficult situations.
1
Overview f lZales Iles onsib~~li ies
Other resources that are helpful in defning the roles and responsibilities of elected off cials can
be found in the Evans City Charter, Evans Municipal Code and in the Handbook for Municipal
Elected Off~cials, published by the Colorado Municipal League,
~ Elected "atwlarge" for a two year term Evans City Charter, Section 3,4}
® Recognized as head of the City Government for all ceremonial purposes Evans City
Charter, Section 3.9}
® Preside over meetings of the City Council Evans City Charter, Section 3.9}
Has same speaking and voting rights as any other member Evans City Charter,
Section ~.9}
® Shall in no case have the power to veto Evans City Charier, Section 3,9}
* Executes and authenticates legal instruments requiring signature Evans City Charter,
Section 3.9}
~ Shall be the conservator of peace, and in emergencies may exercise within the City the
powers conferred by the Governor of the State of Colorado for purposes of military law,
and shall have the authority to command the assistance of all able-bodied citizens to aid
~. the enforcement of the ordinances of the City and to suppress riot and disorder Evans
City Charter, Section ~.9}
~ Leads the Council into an. effective, cohesive working team.
P.~'ENI
Elected by the City Council at the first meetzng following their election (Evans City
Charter, Section 3,9}
Performs the duties of the Mayor if the Mayor is absent or disabled Evans City Charter,
Section 3.9}
ALL IJ~fi MBE
All members of the City Council, including the Mayor anal Mayor PropTem, have equal votes.
No Councilmember has more power than any other Cauncilmember, and all should be treated
with equal respect,
All Council members should:
Fully participate in City Council meetings and other public forums while demonstrating
respect, ki.ndn.ess, consideration, and courtesy to others
® Prepare in advance of meetings and be familiar with issues on the agenda
Represent the City at ceremonial functions at the request of the Mayor
® Be respectful of other people's time. stay focused and act efficiently during public meetings.
2
Serve as a model of leadership and civility to the community
Inspire public confidence in Evans government
® Provide contact information with the City Clerk in case of an emergency or an urgent
situation arises while the Councihnember is out of town
Demonstrate honesty and integrity in every action and statement
Participate in scheduled activities
olic es Protocol elite o C uc~
Ceremonial ~v~nts
Requests far a City representative at ceremonial events will be handled by City staff. The Mayor
will serve as the designated City representative. ~f the Mayor is unavailable, then City staff will
determine if event organizers would like another representative from the Council. ~f yes, then
the Mayor Pro-Tem will be recommended to serve as the substitute. Invitatians received at City
fall are presumed to be for of~.cial City representation. Invitations addressed to Council
members at their homes are presumed to be for unofficial, personal consideration.
Cvrrespondenee Signares
Council members do not need to acknowledge the receipt of correspondence, or copies of
correspondence, during Council meetings. City staff will prepare official letters in response to
public inquiries and concerns. These letters will carry the signature of the Mayor or the
appropriate City staff. ~f correspondence is addressed only to one Councihnember, that
correspondence will be shared with the rest of the Council.
indorsement of Candidates
Council members have the right to endorse candidates for all Council seats or other elected
of~.ces. ~t is inappropriate to mention endorsements during Council meetings or other official
City meetings or functions.
Intergovernmental elatxons
The Council values i.ntergovernmentalreiations with neighboring communities and other entities,
As a result, Council members should make a concerted effort to attend scheduled meetings with
other entities to further promote intergovernnaentalreiations.
Legislative Process
The City generally follows Roberts Rule of order for meeting management.
Public meeting eating Protocol
The Mayor will open the public hearing. Staff will make the initial presentation. The applicant
or appellant shall have the right to speak first. The Mayor will determine the length of time
allowed for this presentation. Speakers representing pro points of view will be allowed to follow.
Speakers representing opposing points of view will then follow. The Mayor will determine how
much tir~.e will be allowed for each speaker, with 3 to 5 minutes the standard time granted, The
Mayor will then ask the Council if any issues need clarification before the public hearing is
closed. The Mayor has the responsibility to run an efficient public meeting and has the
discretion to modify the public hearing process in order to make the meeting run smoothly.
Council members will not express opinions during the public hearing portion of the meeting
except to ask pertinent questions of the speaker ar staff, "1 think" and "X feel" comments by
Council members are not appropriate until after the close of the public hearing. Council members
should refrain. from arguing or debating with the public during a public hearing and shall always
show respect for different points of view,
fain motions may be followed by amendments, followed by substitute motions, Any
Councilmember can call for a point of order. Only Council members who voted on the
prevailing side may make motions to reconsider.
Travel Expense
The purpose of this regulation is to establish the policies and procedures for Council members
who travel on official City business either instate or out~of state. Such travel shall include
attendance at conferences, seminars, and training sessions on behalf of the City, The City sha11
pay reasonable expenses for registration fees, lodging, meals, transportation, and all allowable
miscellaneous expenses for the Council member only, A.11 travel expenses will be handled in the
same manner and consistent with the provisions within the City's Employee Handbook.
Cacil Conduct °th One Anot er
Councils 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 as Council may "agree to disagree" on contentious Issues.
IN PU LAC 1VEET~N~S
®Practice clvty9 professionalism and deco~°u~ 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,
Council members to mare belligerent, personal, impertinent, slanderous, threatening, abusive, or
disparaging comments. No shouting or physical actions that could be construed as threatening
will be tolerated. Council members should conduct themselves in a professional manner at all
times, including dress,
Honor the role of the agar in v~ain.tai~~.ng order
It is the responsibility of the Mayor to keep the comments of Council members on track during
public meetings. Council members should honor efforts by the Mayor to focus discussion on
current agenda items. if there is disagreement about the agenda or the Mayor's aeons, those
objections should be voiced politely and with reason, following procedures outlined in
parliamentary procedure,
4
.Avoid personal comments that could offend ote~° Council members
If a Councilmember is personally offended by the remarks of another Councilmember, the
offended Councilmember should make notes of the actual words used and call fora "point of
personal privilege" that challenges the other Councilmember to justify or apologize for the
language used. The Mayor will maintain control of this discussion,
demonstrate effective roblem~sol~.ng approaches
Council members have a public stage to show how individuals with disparate points of view can
find common gxound and seek a compromise that benefits the community as a whale.
®e punctual aid keep comments relative to topics discussed
Council members have made a commitment to attend meetings and partake in discussions.
Therefore, it is important that Council members be punctual and that meetings start on time, it is
equally important that discussions on issues be relative to the topic at hand to allow adequate
time to fully discussed scheduled issues.
P ATE CT1T
® 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.
e aware of the insec~~rity of written notes, voicernail. messages, and email
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 was played on a speaker phone in a foil office? what would happen if this e-
mailmessage was forwarded to others? written notes, voicemail messages and email should be
treated as potentially "public" communication.
given private conversations can have a public presence
Elected 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.
Council ~Concl~ct with City Staff
Governance of a City relies on the coope~~ative efforts of elected officials, who set policy, 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,
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,
5
Limit contact to specific City sta
questions of City staff andlor requests for additional background. information should be directed
to the City Manager, City Attorney, or Department Heads. The City Manager should be copied.
on or informed of any request.
Requests far followmup or directions to staff should be made only through the City Manager or
the City Attorney when appropriate. when in doubt about what staff contact is appropriate,
Council members should ask the City Manger for direction. Materials supplied to a
Councilmember in response to a request will be made available to all members of the Council so
that all have equal access to information,
Do not disrupt City staff from their jobs
Council members should. not disrupt City staff while they are i.n meetings, on the phone, or
engrossed in performing their job functions in order to have their individual needs met.
®~ever pubi~cly criticize an ~dlvidua~ ennp~oyee
Council should never express concerns about the performance of a City employee i.n public, to
the e~.ployee directly, or to the employee's manager, Comments about staff performance should
only be made to the City Manager through private correspondence or conversation.
®o snot get invai~red in administrative functions
Council members must not attempt to in~.uence City staff on the making of appointments,
awarding of contracts, selecting of consultants, processing of development applications, or
granting of City licenses and permits. The Evans City Charter, Section 4,~, also contains
information about the prohibition of Council interference in admin.i.strative functions.
Check with City staff on. correspandence before ta%g actioa.
Eefore sending correspondence, Council members should check with City staff to see if an
official City response has already been sent or is in progress.
Igo not attend m.eet~ngs with City staff untess requested by staff.
Even if the Councilmember does not say anything, the Councilmember's presence implies
support, shows partiality, intimidates staff, and hampers staff s ability tv do their j ob objectively.
® Limit requests for staff support
All mail for Council members is opened. by the City Clerk. Mail addressed to the Mayor is
reviewed first by the City Manager who notes suggested action andlor follow~up items.
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, wellrrun City government.
o nit so.cit a 'cai support from staff
Council members should not solicit any type of political support financial contributions, display
of posters or lawn signs, name on support list, etc,) h~om 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.
6
Council duc with e Pu l p
PCJ LI STNS
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 Council members
toward an individual participating i_n a public forum, Every effort should be made to be fair and
impartial in listening to public testimony.
e we~cain to speakers and treat he with care and gentleness
Speaking in front of Council can be a difficult experience for some people. Some issues the
Council undertakes nosy affect people's daily lives and homes, Sorne decisions are emotional.
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.
lie fair and eultab~e ~. a~~ocat~g pubic hearng ~.~ne ~o indl~dua~ speakers
The Mayor will determine and announce limits on speakers at the start of the public hearing
process, Generally, each speaker will be allocated three~n~inutes with applicants and appellants
or their designated representatives allowed more time, rf many speakers are anticipated, the
Mayor may shorten the time limit andlor ask speakers to limit the:Cnselves 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 Council requests additional
clarification later in the process. After the close of the public hearing, no mare public testimony
will be accepted unless the Mayor reopens the public hearing for a limited and specific purpose,
~lve the appearance o ac~lve lis~en~.g
xt is disconcerting to speakers to have Council 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 gazing around the room gives the appearance of disinterest, ~e aware of facial expressions,
especially those that could be interpreted as "smirking," disbelief, anger or boredom.
Ash for clarif~caon, but avol.d debate and argument with the pub~,c
only the Mayor ~- not individual Council members a~ can interrupt a speaker during a
presentation., However, a Cauncilmember can ask the Mayor for a paint of order if the speaker is
off the topic or exhibiting behavior or language the Cauncilmember finds disturbing.
If speakers become flustered or defensive by Council questions, it is the responsibility of the
Mayor to calm and focus the speaker and to maintain the order and decorum of the meeting.
Questions by Council members to members of the public testifying should seek to clarify or
expand information, ~t is never appropriate to belligerently challenge or belittle the speaker,
Council members' personal opinions or inclinations about upcoming votes should not be
revealed until after the public hearing is closed,
* Na personal aac~s of any ' d, under any clrcus~ance
Council members should be aware that their body language and tone of voice, as wail as the
words they use, can appear to be intimidating or aggressive.
7
~'o~Iow parliaen.tary procedure in conduc ' public n~eetings
The City attorney serves as advisory parliamentarian for the City and is available to answer
questions or interpret situations according to parliamentary procedures. Final rulings an
parliamentary procedure are made by the Mayor, subject to the appeal of the full Council,
tIFFIC SETT ~
Made no promises on. beha of the Couucll
Council members will frequently be asked to explain a Council 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 action, or to promise City staff will do
something specific ~f~ a pothole, remove a library book, plant new flowers in the median, etc,},
g Made na personal co~nen.#s abort other Caunc~ ~neu~.bers
It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory
comments about other Council members, their opinions and actions.
em.ember that despite ~~s impressive populatian figures, Evans is a small co~n~unity a~
heart
Council members are constantly being observed by the community every day that they serve in
af~.ce. Their behaviors and comments serve as models for proper deportment in the City of
Evans. Honesty and respect for the dignity of each individual should be reflected ~ every word
and action taken by Council members, 24 hours a day, seven days a weep, It is a serious and
continuous responsibility.
Council conduct wgth Cher Public Agencies
n e clear about rcpresenting the cif ar personal ~.ferests
If a Councilmember appears before another governmental agency or organization to give a
statement on an issue, the Councilmember must clearly state:
1 } if his or her statement reflects personal opinion or is the o~"icial stance of the City;
~} whether this is the majority or minority opinion of the Council. Even if the
Councilmember is representing his or her own personal opinions, remember that this
still may reflect upon the City as an organization.
If the Councilmember is representing the City, the Councilmember must support and advocate
the official City position on an issue, not a personal viewpoint.
If the Councilmember is representing another organization whose position is different from the
City, the Cauncihne~nber should withdraw from voting an the issue if it significantly impacts or
is detrimental to the City's interest. Council members should be clear about which organizations
they represent anal info~~rn the Mayor and Council of their involvement.
S
Correspondence also should be cua Y clear abort representation
City letterhead may be used when the Councilmember is representing the City and the City's
offficial position. A copy of affcial correspondence should be given to the City Clerk to be filed
as part of the permanent public record,
It is best that City letterhead rat be used for correspandence of Council members representing a
personal point of view, or a dissenting pant of view from an official Council position.
Council Conduct ith a~.rds and Co ynissio s
The City has established several Baards and Cammissions as a means of gathering more
cammunity input. Citizens who serve on Boards and Commissions became 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.
~f attendl.ng a oard. or Con~misslon mee~n.g, be careful ®only express personal ol~ons
Council members may attend. any Board or Commission meeting, which are always open to any
member of the public, However, if the Board or Commission is conducting a public hearing, the
Council Member shall remove themselves from. the proceedings. Council members should be
sensitive to the way their participation -~ especially ~ it is on behalf of an individual, business ar
developer -- could be viewed as unfairly affecting the process, Any public corn~nents by a
Councilme~nber 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. Also, a Councilmember's
presence may affect the conduct of the Board or Commission and limit their role and function.
Llml~ contact with oar and Com~.isslon embers
~t is inappropriate for a Cauncilnaember to contact a Baard or Commission member to lobby an
behalf of an individual, business, or developer. Council members should contact staff in order to
clarify a position taken by the Board ar Commission,
emember that oards and Co~nn~lssions serve the cona~nun~ty, not indfvidnal
Council n~e~nbers
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 Council members, nor should
Council members feel they have the power or right to threaten Board and Commission members
with removal if they disagree about an issue. Appointment and reappointment 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 hoard or Commission appointment
should not be used as a political "reward."
®e respccful o 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 fiill spectrum of conce~~s and
perspectives. Councilmembers must be fair and. respectful of all citizens serving on Boards and
Commissions.
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® deep 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, Council members may support Board
and Commission members who are running for office, but not in an official forum in their
capacity as a Councilmember.
® inappropriate behavior can lead to removal
Inappropriate behavior by a Board or Commission member should be noted to the Mayor, and
the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor
should bring the situation to the attention of the Council and the individual is subject to removal
from the Board ar Commission.
Council Conduct with Tie Me fa
Council members may be contacted by the media for background and quotes.
® The best advice for dea ° g 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 representative on City position.
The Mayor is the designated representative of the Council to present and speak on the official
City position. If an individual Councihnember is contacted by the media, the Cauncihnember
should be clear about whether their comments represent the official City position or a personal
viewpoint.
Choose words carefully aid 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 surear
words when tallying with the media.
Sanctions
Pubic isruptian
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.
®~napropriate staff behavior
Council members should refer to the City Manager any City staff who da not follow proper
conduct in their dealings with Council members, other City staff, ar the public. These employees
may be disciplined in accordance with standard City procedures for such actions,
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Counc~ n~enabers ehavior and Conduct
City Council members who intentionally and repeatedly do not follow proper conduct may be
reprimanded or formally censured by the Council, Serious infractions of the Code of Ethics or
Code of Conduct could lead to other sanctions as deemed appropriate by Council,
Council members should point out to the offending Councihnember infractions of the Code of
Ethics or Code of Conduct. ~f 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 Mayor Pra-Tem,
I~ 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 violations) can be brought up with the
full Council in a public meeting.
If violation of the Code of Ethics or Code of Conduct is outside of the observed behaviors by the
Mayor ar Council members, the alleged violation should be referred to the Mayor, The Mayor
should ask the City Manager andlor the City Attorney to investigate the allegation and report the
findings to the Mayor. ~t is the Mayor's responsibility to take the next appropriate action, These
actions can include, but are not limited to: discussing and counseling the individual on the
violations; recommending sanction to the full Council to consider in a public meeting; or
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,
~nci ~ of er duc
~°oper conduct I ~ a s
o beeping promises
o Eeing dependable
o Euilding a solid reputation
o Participating and being available
o I]emanstrating patience
o Showing empathy
o Holding onto ethical principles under stress
o Listening attentively
o Studying thoroughly
o beeping integrity intact
o Gvercoming discouragement
o Going above and beyond, time and time again
v Modeling a professional manner
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Proper con c e o a
® Showing antagonism or hostility
Deliberately lying or misleading
Speaking recklessly
Spreading rumors
® Stirring up bad feelings, divisiveness
Acting in a self righteous manner
It all conr~es down to respect
Respect for one another as individuals .. ,respect for the validity of different opinions , , ,
respect for the democratic process , , ,respect far the community that we serve,
~C~1S Y' O 10°1 OIl C
will my decisionlstatementlactionviolate the trust, rights or good wi11 of others?
what are my interior motives and the spirit behind my actions?
® If I have to justify my conduct in public tomorrow, will I do so with pride or shame?
How would my conduct be evaluated by people whose integrity and character I respect?
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?
~s my conduct fair? Just? Morally right?
if i were on the receiving end of my conduct, would ~ approve and agree, or would I take
offense?
® Does my conduct give others reason to trust or distr~i.st me?
® Am i willing to take an ethical stand when it is called for? Am ~ willing to make my
ethical beliefs public in a way that makes it clear what I stand for?
Do ~ exhibit the same conduct in my private life as ~ do in my public life?
Can ~ take legitimate pride in the way I conduct myself and the example I set?
Do i listen and understand the views of others?
Do ~ question and confront different points of view in a constructive manner?
Do 7 work to resolve differences and come to mutual agreement?
® Do ~ support others and show respect for their ideas?
will nay conduct cause public embarrassment to someone else?
1Z
Ho over Ong ~ bars ~ Gav rn e er
The fallowing items are taken from the Colorado Municipal League, Handbook for Municipal
Elected officials, and is reprinted from the League of Kansas Municipalities' brochure,
"Suggestions for Successful Public Service"
Governing is clearly mare of an art than a science. There are n.o ultimate answers on how to
govern; different approaches are to be expected, and probably desired. However, there do seem
to be some fundamentals. The suggestions that fallow range from practical, common. sense
fundamentals to those mare philosophic and theoretical. These tips for successful and effective
public service are intended to assist mayors, council members, and board trustees, while most
suggestions relate to individual of~.cers others apply to the governing body as a whole. These
two applications, however, are interdependent r the capacity of a governing body to govern
effectively is dependent on the collective capacities of at least a majority of its membership.
These suggestions are not in any priority order, and not all are universally accepted, All of them,
however, are worth consideration by anyone who would serve the public through an elective
local office.
1. Learn all you can about your city, its history, its operation, its frnancing. Do your
homework. Know your city ordinances. Dust off your comprehensive pion.
2. Devote sufi"ioient time to your office and to studying the present and future
problems of your community.
3, Don't bum yourself out on the little things but recognize that they are often
important to the public. Save some energy -and time ~ far the important matters.
4. .Don't act as a committee of one; governing a city requires team effort -practically
and legally.
5. Don't lit honest differences of opinion within the governing body degenerate into
personality conflicts, .
6. ~.enaember that you represent all the people of your community, not just
neighbors and friends. Be wary of personal experiences coloring your public
decisions.
7. Take your budget preparation job seriously, for it determines what your city does
or does not do for the coming year and will also influence what happens in future
years,
~. Establish policy statements. written policy statements let the public, and the city
staff, know where they stand. They help the governing body govern, and writing
them provides a process to develop canseu.sus,
9. Make decisions on the basis of public policy, and be consistent. Treat similar
situations similarly, and avoid favoritism.
1 ~, Focus your attention on ways to prevent problems, rather than just trying to solve
there as they occur. Filling potholes is one approach to governing; developing
plans to prevent them is more important.
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l 1. Don't be misled by the strong demands of special interest groups why want it
done now, their way. 'dour job is to end the longterm public interest of the
community as a whole, and you may be hearing form the wrong people.
12, Don't rush to judgment. Pew heal actions have to be taken at the first meeting at
which they are considered. Avoid "crisis management,"
13. Don't be afraid of change. Don't be content to just t'ollow the routine of your
predecessors. Charge your appointed officers and employees with being
responsible for new ideas and better ways. Listen to what they have to say.
14. Don's give quick answers when you are not sure of the real answer. ~t may be
embarrassing to appear ignorant, but it can be more embarrassing, and damaging,
to tell a person something which is wrong.
15. As an individual, even if you are the mayor, don't make promises you can't
deliver! Nfost decisions and actions require approval of the governing body, and
this takes a maj ority vote.
1 ~. Remember that you have legal authority as a governing body member only when
the governing body is in legal session.
17. Don't spring surprises on your fellow governing body members ar your city staff,
especially at formal meetings, if a matter is worth bringing up far discussion, it's
worth being on the agenda, Surprises may get you some publicity, at the
embarrassment of others, but they tend to erode the "team" approach to
governance.
18. Participate in official meetings with the dignity and decorum fitting Chase who
hold a position of public trust. Personal dress and courteous behavior at meetings
help create an environment far making sound public decisions.
19, Conduct your official public meetings with some formality, anal follow rules of
procedure. H~.ve an agenda, and follow it. lViast governing body members agree
that formal meetings expedite the process and promote better decision making.
24. Don't be afraid to ask questions. It is one of the ways we leaz~n. Taut do your
homework by studying agenda material before meetings.
Z 1. Vote yes or no on motions. Don't cap out by abstaining except when you have a
conflict of interest. A pass does not relieve you of responsibility when some
decision must be made.
Z2. Dnce a majority decision of the governing bady has been made, respect that
afhcial position and defend it if needed, even ifyou personally disagreed.
23. Respect the letter ~.nd intent of the open meetings law, but also keep private and
confidential matters to yourself, Don't gossip.
Z4. Retain competent, key employees, pay there well, trust their professional
judgment, and recognize their authority and responsibilities,
~5, Dan't bypass the system! ~f you have a manager or other chief adrnin~.strative
officer, stick to policy making and avoid personal involvement in the day~to-day
operations of the municipality. ~f you da not have an administrative officer, make
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suxe you have some management system that of~.cers, employees, and the public
u~.derstand.
Z~. Don't let others bypass the system, insist that people such as equipment or
service suppliers work with your city staff. ~f direct contact with governing body
members is necessary, it should be with the governing body as a whole, or a
committee, and not on a one~on~one basis.
27. Don't pass the buck to the staff or employees when they are only following your
policies or decisions.
~8. Don't always take no for an answer, The right question maybe "How can we do
this?" instead of "May we do this?" ~e positives
29, Learn to evaluate recommendations and alterative courses of action. Request that
your staff provide options, Encourage imaginative solutions.
30, Avoid taking short-term gains at the expense of longterm losses. ~e concerned
with the longterm future of the city.
31. In determining the public interest, balance personal rights and property interests,
the possible harm to a few versus the good of the many, Recognize that in some
situations, everyone can't be a winner.
3~, Remember that cities are for peopled ~e concerned with the total development
physical, economic, and social - of your community,
3 3. Don't act as if the city operates in a vacuum. pities must work within the
intergovernmental system to be effective. ~.eep in contact and Cooperate with
your federal, state, county, and school officials.
34. Know your neighbors. het to know the officials of neighboring and similar size
cities. 'visit other cities, particularly those with a reputation of being well run.
3~. Learn to listen ~ really listen ~ to your fellow governing body members and the
public. Hear what they are trying to say, not~ust the words spoken.
3 ~, deep your constituents informed, and encourage citizen participation,
37. ~e friendly and deal effectively with the news media, Make sure what you say is
what you mean. Lack of good communication, with the media and the public, can
be a maj ar problem for municipal officials.
3 ~. Remember that what you say, privately and publicly, will open be news. You
live in a glass house. Avoid over-publicizing minor problems,
3 ~. Expect, and respect, citizen complaints. Make sure that your governing body
members and your city, have a way to deal effectively with them. Have a followp
up system.
~o, Be careful about rumors. Check them out. Help squelch them when you know
they are false,
4l, Appoint citizen advisory committees and task forces when you need them, but be
prepared to follow their advice if you use then.
~2. Take care in your appointments to boards and commissions. Make sure they are
willing and capable as well as representative of the whole community.
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43, Never allow a conflict of interest to arise between your public duties and your
private interests, Be sensitive to actions you take that might even give the
appearance of impropriety.
44. Seek help, Use manuals, guides, and other technical assistance and information
available from the Colorado N~unicipal League and other agencies. Attend
workshops and conferences put on for the benefit of you and your city.
45, Pace yourself. Limit the number of meetings you attend. Set some priorities,
including the need to spend time with your family, Recognize that life ~ and the
city ~ is dependent on a lot of things you have little control over,
4b, Establish some personal goals and objectives, what do you want to help
accomplish this year? Next year?
47. Help develop some short~term and longterm goals and objectives for your city,
and check your progress at least every six months,
4~. Similarly, help your city develop a vision of the future. Plan from the future to
the present ~ no vision, no plan. One of the important purposes of a governing
body is to establish a vision for the future.
49. Focus on the future, and ~ to leave your city better than that which you inherited
as a city o cer,
50. Be a leader, as well as part of the team of elected and appointed officials who
were selected to make your city an even better place to live.
51. At least once a year, schedule a governing body discussion about how you are
governing. Review the processes and procedures. Sit back and ask, "How are we
doing? How can we do things better?"
52, Be enthusiastic about your public service and the privilege you have, and let the
public know it. But rnaintain your sense of humor. Don't take yourself or the
business of government so seriously that you don't enjoy it. Zt should be fun as
well as a rewarding experience,
53, Celebrate! Always focusing on problems and issues may lead you, the governing
body, and the public, to believe that nothing positive ever happens. Goad things
do happen. Let the public share your successes.
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lssa f Ter s
atti~u.de The manner in which one shows one's dispositions, opinions, and feelings
behavior External appearance or action; manner of behaving; carriage of oneself
civil~~y 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 mo~.on currently under
consideration
point of personal A challenge to a speaker to defend or apologise for comments that a
priv~ege fellow Councilmember considers offensive
proprie~ conforming to acceptable standards of behavior
pro~ocoi The courtesies that are established as proper and correct
respect The act of noticing with attention; holding in esteem; courteous regard
L.sharedlmanagerlcauncillco~e of coad~ct
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