5.3. SR 03-08-2010Item # 5.3.
MEMORANDUM
a a~~r and ity ®uncii
° Lori ®hns~ng ity drninistrat~r
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As requested, attached to this memo axe the code of conduct samples Mayor I~linzing
distributed at a previous Council meeting. In addition, the League of Minnesota Cities'
model policies are included, Staff is still in the process of gathering data about how many
other cities in Minnesota have adopted a code of conduct; however, there is not a single or
easy source to get this information. Any additional information collected will be presented
at the meeting. The fact that the League of Minnesota Cities prepared a model policy leads
me to believe that there was a significant demand from cities for such a policy. Staff at
several cities contacted said they are i.n the process of adopting a code of conduct. The last
attachment is an excerpt from the City's personnel policy manual as background on related
City policy. It is not a code of conduct; it addresses mainly the statutory requirements
including ethics, the gift law, endorsements, conflicts of interest and harassment.
Model Statement of Values
Pea ale
The proper operation of democratic government requires that decision~makers be rode endent
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impartial, and accountable to the people they serve, The City of has ado ted this Statement
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of Values to promote and maintain the highest standards of personal and rofessional conduct in
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ty s government. All (select. elected and appointed officials, City employees, and. volunteers
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are required to subscribe to this statement, understand how it applies to theirs ecific
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responsibilities, and practice its number core values in their work, Because we seek ublic
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confidence in the City's services and public trust of its decisionwmakers, our decisions and our
work must meet the most demanding ethical standards and demonstrate the hi hest levels of
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achievement in following this statement,
Thy ~r~~~~
As a Representative of the City of ,
1. I serve the public interest.
2. I fulfill the duties and responsibilities of holding public office,
3. I am ethical.
4. I am professional,
5, I am fiscally responsible.
6. I am conscientious.
7. I communicate effectively.
S, I am collaborative.
9. I am forward thinl~ing.
l o, I am.
value e~an1 les e~ cessions
1. ~ serve the public interest. ~n practice this value means that;
a, I provide courteous, equitable, and prompt service to everyone.
b. I am attuned to, and care about, the needs and issues of citizens ublic officials and cit
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worke~°s.
c. I am interested, engaged, and responsive in my interactions with constituents,
d. I recognize and support the public's right to 1{nova the public's business.
~, I fulfill the duties and responsibilities of holding public office. ~n ractlce this value
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means theta
a. I observe the highest standards of integrity in my official acts and undertal~e m
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responsibilities for the benefit of the greater public good,
b. I faithfully discharge the duties of my office regardless of m ersonai considerations
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t ecogn~z~ng that the public interest is my primary concern.
c, 1 uphold the Constitution of the United States and the Constitution of the State of
Minnesota and carry out impartially the laws of the nation, state, and munici alit and thus
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foster respect for all government,
~~ Created by the League of ll~in~aesota Cities Ethics Advisor P n ...~.~.....~.......~.~~
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d. ~ comply with both the letter and the spirit of the laws and policies affectin o erations of
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the Clty.
e, Z recognize my obligation to implement the adopted goals and objectives of the Cit in
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good faith, regardless of my personal views.
f, ~ conduct myself in both my official and personal actions in a manner that is above
reproach,
g, 1 do not use my position to secure fo~• myself or others special privileges or exem tions that
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are different from those available to the general public,
h, ~ understand and abide by the respective roles and responsibilities of elected and a ointed
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of~iciais and city staff and will not undermine them in their work.
i, I am independent, impartial, and fair in my judgment and actions,
~. I am ethical. In pr~c~~ce phis value means ~ha~:
a, ~ am trustworthy, acting with the utmost Integrity and moral courage,
b. I am truthful, do what ~ say 1 will do, and am reliable.
c. Z am accountable for my actions and behavior and accept responsibility form decisions,
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, ~ make impartial decisions, free of influence from unlawful gifts, narrow olitical interests
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and financial and other personal interests that impair my independence of ud ment or
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action,
e, ~ am fair, distributing benefits and burdens according to consistent and e unable criteria.
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f, I oppose all forms of harassment and unlawful discrimination.
g, I extend equal opportunities and due process to all parties in matters under consideration,
h. Z show respect for confidences and confidential information.
i. ~ avoid giving the appearance of impropriety and of using nay position for ersa~aal ain.
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4, Z am pro~essiona.l. In practice phis value means ~ha~:
a, l apply my knowledge and expertise to my assigned activities and to the inter ersonal
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relationships that are pa~•t of my job in a consistent, confident, competent, and roductive
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manner.
b, ~ approach my j ob and workyrelated relationships with a positive attitude, contributin to a
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supportive, respectful, and non-threatening work environment,
c, I keep my professional l~nowledge and sl~ills cur~•ent and growing,
d, I am respectful of all city staff, officials, volunteers, and others who artici ate in the
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City's gover~unent.
5. I ana fiscally responsible. In practice phis value means ~ha~-
a, l make decisions after prudent consideration of their financial impact, tal~in Into account
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the long-term financial needs of the City, especially its financial stabll~ty.
b, l demonstrate concern for the proper use of City assets fie. g,, personnel, time, ro ert
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equipment, funds}, follow established procedures, and do not use public resources for
personal gain,
c, I make decisions that seek to preset•ve the financial capacity of the City to rovide
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programs and services far City residents.
d, I provide full disclosure of any potential financial or other private conflict of interest, I
abstain from participating in the discussion and vote on these matters.
Created by the League of ll~innesata Cities Etl~ics Advisory Panel October 2009
e. I prevent misuse of public funds by establishing, maintaining, and following strop fiscal
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and management controls,
f, I report any misuse of public funds of which I am aware,
6, I am conscientious. In practice this value means that:
a. I act in an efficient manner, making decisions and recommendations based a on research
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and facts, taking into cons~deratlon short and long term goals,
b, I follow through in a responsible way, keeping others informed, and res ondin in a timel
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fashion,
c. I am respectful of established City processes and guidelines.
d, I prioritize my duties so that the worl~ of the City may move forward.
e. I prepare for all meetings by reviewing any materials provided ahead of time. when I have
materials to contribute, I mare sure all others involved have ample time to review these
materials prior to the meeting.
7. Z cornmu~.icative effectively, In practice this value means that,
a, I convey the City's care for and commitment to its citizens,
b, I communicate in various ways that I am approachable, open~minded, and willin to
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participate in dialog,
c, ~ engage ineffective two-way communication by listening carefully, askin uestions and
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responding appropriately which adds value to conversations,
d. I do not interfere with tl~e orderly conduct of meetings by interrupting others or mal~in
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personal comments not germane to the business at hand,
e. I follow up on inquiries in a timely manner,
f, I encourage and facilitate citizen involvement in policy decision-mal~in ,
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g. I am respectful 1n disagreements and contribute constructively to discussions on the issue,
$, I am collaborative, In practice this value means that:
a. I act in a cooperative manner with groups and other individuals, working together in a s irit
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of tolerance and understanding to accomplish comrr~on goals.
b. I share information with others in a timely manner so that, together, we can make informed
decisions.
c, I work towards consensus building and gain value ft•om diverse opinions.
d, I accomplish the goals and responsibilities of my individual position, whilo res ectin m
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role as a member of a team,
9, I am forward thinl~in~. ~n practice this valve means that:
a, I promote intelligent, proactive, and thoughtful Innovation in order to advance the Cit 's
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policy agenda and provide City services while cons~der~ng the broader regional, statewide,
national, and international implications of the City's decisions and issues,
b, I maintain consistent standards, but am also sensitive to the need for com romise, creative
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problem soiv~ng, and making improvements when appropriate,
c, I am open to new ideas and processes, adopting them as they conserve resources and
provide efficient and effective service.
d. I consider the potential long-term consequences and implications of my actions and
inactions.
Created by the League of Minnesota Cities Ethics Advisory Panel October 2009
Template Code of Conduct
ur osea
The city council of the City of determines that a code of conduct for its members as well as
the members of the various boards and commissions of the City of , is essential for the
public affairs of the city, By eliminating conflicts of interest and providin standards for conduct
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~n city matters, the city council hopes to promote the faith and confidence of tl~e citizens of
in their government and to encourage its citizens to serve on its council and commissions,
.C2. ~n~rs a Conduce
Subd.1, No member of tl~e city council or a city board or commission ma l~nowin 1 ;
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a. Violate the open meeting law,
b. Participate in a matter that affects the person's financial interests or those of a business
with which the person is associated, unless the effect on the person or business is no reater
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t11an on other members of the same business classification, profession, or occu ation.
c. U ' ~ • ~ , . p
se the person s public position to secure special prlv~leges or exemptions for the erson
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or for others,
d, Use the person's public position to solicit personal gifts or favors,
e, Use the person's public position for personal gain,
f. Except as specifically permitted pursuant to Minn, Stat. 471, 895, acre t or receive an ift
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of substance, whether in the form of money, services, loan, travel, entertainment
hospitality, promise, or any other foz•m, under circumstances in which it could be
reasonably expected to influence the person, the person's performance of official action, or
be intended as a reward for the person's official action,
g. Disclose to the public, or use for the person's or another person's personal ain,
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information that was gamed by reason of the person's public position if the information
was not public data or was discussed at a closed session of the city council.
h. Disclose information that was ~•eceived, discussed, or decided in conference with the cit 's
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legal counsel that ~s protected by the attorney~cl~ent pr~v~lege unless a ma' orit of the cit
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council has authorized the disclosure,
i. Represent private interests hefo~e the city council o~ any city committee, ~oa~d,
commis~~ion or agency, (optional}
Subd, ~. Except as prohibited by the provisions of Minn, Stat Sec, 471.87, there is no violation of
subdivision 1 b, of this section for a matter that comes before the council, board, or commission if
the member of the council, board, or commission publicly discloses t1~e circumstances that would
violate these standards and refrains from participating in the discussion and vote on the matter,
Nothing laerein shall be construed to prohibit a contract with a member of the cit council under
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circumstances described under Minn. Stat, Sec. 471, 8 8, if proper statutory procedures are
followed,
~~ Created by the League of Minnesota Cities Ethics advisory Panel '~~4c~ober 2009
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Any person may file a written complaint with the city clerk alleging a violation of the standards of
conduct in section .02• The complaint must contain supporting facts for the allegation, The city
council may hold a hearing after receiving the written complaint or upon the council's own
volition. A bearing must be held only if the city council determines ~ 1 }upon advice of the city
attorney, designee, or other attorney appointed by the council, that the factual allegations state a
sufficient claim of a violation of these standards or rise to the level of alegally-recognized conflict
of interest, and ~2) that the complaint has been lodged in good faith and not for impermissible
purposes such as delay, The city council's determination must be made within 3 o days of the filing
of the allegation with the city clerk, if the council determines that there is an adequate justification
for holding a hearing, the hearing must be held within 3 o days of the city council's determination.
At the hearing, the person accused must have the opportunity to be heard, ~f after the hearing, the
council finds that a violation of a standard has occurred or does exist, the council may censuze the
person, refer the matter for criminal prosecution, request an official not to participate in a decision,
or remove an appointed member of an advisory board or commission from office,
Created by the League of Minnesota Cities Ethics Advisory Panel Dctober Zo09
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F~arcce ~y oucx ~ C~dc o~ ~d~.c
The citizens of Florence are entitled to have fair, ethical, professional, respec~ul 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 eon~dence of the public, the profession or our City ~avernment, To
this end, Council Members are being provided a guideline for conduct, City Council m.eznbers shall read
and comply with this voluntary personal code of conduct to show citizens their comn~.i.tment to encourage
public confidence in the integrity of our local governfnent,
l , Act in the Public ~nterest
Recognizing that stewardship of the public interest must be their primary concern, council members
shall work for the common good of the citizens of Florence and not for any private or personal
interest, and they will endeavor to treat all persons, claims and transactions in a fair and equitable
manner.
Z, Conduct of Council 1~embers
The achievement of good outcomes for the City of Florence is dependent upon a mature and
constructive working relationship based an mutual trust, respect and acceptance of the different but
co~.plementary roles between Council members and City Staff. Council ~nen~bers shall respect the
diversity of opinions of other nae:~bers of the City Council and City Staff and, recognizing the right of
all points of view to be heard with courtesy, respect and au open mind, l~mbarrassing a Council
member or City Staff is counter-productive. Council meuabers 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 Caua~cil, 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 bx~ng disgrace or embarrassment upon
the City, "if you cannot say something nice or appropriate about someone, then da not say anything
at~all,"
3, ~e informed
Co~.cil xnexnbers should be property informed on all matters far decision, Council n~enabers are
provided an opportunity at workshops to ask questions and became informed, Council members are
provided information packets before each City Council meeting and shall ensux~e that the packets a~•e
opened, reviewed and is prepared to make decisions based on that info~naation, 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,
~, Res ect for the Process
Council :members shall respect the process that is set in place for all public meetings, incXuding
Following agendas and rules of order. Council ~.en~bers shall value their vote, ~'ou were elected to
represent your constituents ~. your community and with your conscience in mind, but not your
personal opinions and Interests,
~ the interest of time and 1'or the sake of fairness and consistency, the City Council members will
respect and fallow the rules listed below during Council meetings;
~~91~Oa7 Page l of 3
a. Mayor will present the agenda item
b, Mayan will provide Council with any pertinent informa~on
c, Mayor wail ask the appropriate City Staff :~exaber to provide the Council with any additional
info:~atlon ~i~f necessary
d. Mayor will ask for a oration
e, Mayor will ask for a second
f, 1Vlayor will restate the motion and call for discussion
g, Mayor will first turn to the Council member who made the motion to start the discussion or
ask questions -~ limit 4 minutes
h, Mayor will, in turn, ask each of the rema~ing Council members to continue the d~scussian or
ask questions -~ bait 4 nabautes
i. Loch Council member may only speak twice on the same motion during one meeting
J. The Mayor will then reiterate the question and call fax a vote
k, ~n the Mayor's absence, the Mayor Pro Tem will lead the meeting.
During the discussion, Council n~en~bers will limit thei~~ discussions to the agenda item, the motion
proposed and will not repeat themselves, The Mayan n-ay call to order any discussion, which engages
in personal attacks or is off point, Similarly, if the xueeting starts to get out of hand, the Mayor will
~.ake a motion to recess ox a motion to adjourn, which is not debatable and must be voted on
in~ediately, '
workshops are mainly used for discussing issues and items cvnvng before tke Ci~r Council so that
Council members may obtain the necessary information to make a sound decision, The City Council
members urill respect and follovc~ the ~~les listed below:
a, Same rules apply for workshops as stated under the Code of Conduct #2 ~- Conduct of
Members
b. The Mayor o~• City Manager wall present the agenda item
c. The Mayor or City Manager will ask the appropriate City Staff :~e:~ber to p~~esent the
inform.atian
d, The N~ayor will ask each Council member to either ask quest~ans or make a statement ~ limit
5 minutes
e, Loch Council member will be provided another ~n to ask additional clarifying questions or
statements ~ limit 5 rna,nutes
f, Once Council has completed the discussion, the Mayor will continue to the next agenda item
During the ~iscu.ssion, Council members will linxit theix 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, Rep~ese~tat~n v.~Pe~sonal h-terests
In keeping with theix xale as stewards of the public gust, Council naen~bers shall not represent their
awn private interests, political ambitions or personal opinions at any public meeting. when a Council
amembex is speaking ~. public and voicing opinions of matters that have not Bane before the entire
Council, the Council member will note that they are speaking on their own behalf oat on behalf of the
entire City Council,
4191 Z~0`~ Page ~ of 3
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~, Communi Commat~ee ~. resention
The Mayor appoints Council members to mend and represent the City Council at various community
meetings, The Council member is dust 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 doe committee or board might have
C, firing back any issues, Concerns or unanswered questions to the Council for Causideration
and action,
Council members shall regain 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 cansCtive environment for
citizens, businesses, City Council and City staff,
8, New issues andlor items for Consideration b the Council l~enabers
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 for vote ~i,e,, new projects, grant considera~.ons, etc}, This does nit include
payment far bins that have already been voted on or approved by City Council ar day~ta~day or
~Onthrt0~nlonth aM~.VZ~~eS!
9. Priorities ~f Council and [use of Cif
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$efare asking City Staff to research or put together action items, Council members will workshop the
issues ar item with the entire council before expending the use of City Staff time and energy,
l0, Co,.~mp~ian, ce
Council members themselves have the prima~r responsibility to assure that these Codes are
understood and net and that the public Can contiuue to have full confidence in the integer of City
Gaverruueut.
4191~~07 Page ~ of ~
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p~RS~~.AL C~DI~ C~ CC~NI~UCTI.~TI3~CS ~'~~. TAE C~'~ ~~ ~'~~A.C~~
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The residents and businesses of City of ~irebaugh axe entitled t~ have fair, ethic and accountable
local gavernment, Such a government rewires that public officials;
Comply with both the letter and the spirit of the laws and policies affective operations of
the government. .
Be independent, i~apa~ial and fair in their judgment and acti~x~s.
a Use their public once for the public good, not fox personal gain,
Conduct public deliberations and processes openly, unless legally confidential, in an
atmosphere of respect and civility,
To this end, the City of ~irebaugh City Council has adopted this Code of l~thics t~ encourage
public confidence in the integrity of local government and its fair an effective operation.
~Iected and Appointed officials shall sign dais personal code of conduct at tine of their election
to office,
City Staff and'~olunteers shall sign this personal code of conduct at time of employment,
l , Act in the public Interest
~.ecognizing that stewardship of the public interest must be their principal concern,
everya;ae shall work for the common goad of the personal code of the City of rirebaugh and
not foz' any private or personal interest, and they will endeavor to ~.~eat all persons, clai.m,s
and ~ansac~.ons in fair an equitable m.annex.
~, Comply with the haw
~vexyone shall comply with the laws of the nation, the State of California and the City in
the performance of theh~ public duties. These laws include, but are not li~:;ited to: the
United States and California constitutions; the City of ~irebaugh General Ci~r, laws
pex~aining to conduct of interest, election campaigns, financial disclosu~•es, employer
responsibilities and open p~~ocesses of government; and City ordinance and policies.
3. Conduct of ~en~bers
~veryane shall refrain fiam abusive conduct, verbal attacl~s upon the
character or motives of other members of the City Council, boards, commissions,
coinn~ittees, staff ox the public,
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~~ Respect f0~ 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
chscusszons before the body and faces on the business at hand,
6, l~ecisians based on MCerit
Shall be based upon the merits and substance of the matter at hand,
7, Communication
~t is the responsibility of everyone to publicly share substantive info~~nation that is relevant
to a matter under consideration that they received from sources outside of the public
decisian~ma~ing processes,
8, disclosure of Corruption
Everyone shall take an oath upon ass~g office, pledging to uphold the constitution and
laws of the ,City, the State and the federal govert~aaent, As part of this oath, officials
co~nna~t to chsclosing to the appropriate authorities andlor to the City Council any behavior
or action that may qualify as corruption, abuse, baud, bribery or ocher violators the law,
~, Con~.ict of Merest
~n order to assure their independence anal impartiality on behalf of the pubiic good,
everyone shall not use th~eix official positions to influence government decisions in which
they have a ~wancial Merest where they have an organizational responsibility ox a personal
relationship that would present a con~liet of interest under applicable State law,
r.
~, ~, ~1~5 and ~' aVars
Everyone shall not take advantage of services or opportunities personal gain by virtue of
them public offices that are oat available to the public in general, They shall regain f rom
accepting gibs, favors or promises of future bene~.ts that na~ight compromise their
independence judgment ar action or give the appearance of being compromised,
i 1. Canf~dential information
Everyone shall respect and preserve the confidentiality of information provided to them
canceraing the confidential matters of the City, They shall neither disclose can~.dential
information without p~•aper legal authorizat~n nor use such information to advance their
person's financial ar private interests,
1~, P.epresentatian of Private interests
In beeping with their role as stewards of the public gust, everyone shall oat appear an behalf
of the private interests of a third~party before the City Council or any board, canunission or
committee ~r proceeding doe City.
l ~, Advocacy
To the best of them ability, everyone shaft represent the of~.cial policies and positions of the
City Couneil, when. presenting their personal opinions or positions, members shall
explicitly state that they do not represent the Council or the City,
l6, ~rrxproper Influence
Eve~yane shall refrain fxana using thei~• position to improperly influence the
deliberations or decisions of City staff, boards, conuuission ar committees.
l7, Policy ~.ole of Members
Ever~rone shall respect and adhere to the Council-Manager structure of the City of
Firebaugb City Government as provided ~. State law the general City.
l ~. Positive work Envir~anrnent
Everyone shall support the maintena~e of a positive and constructive environment for
residents, businesses and City employees.
l9. Implementation
Ethics standards shall be included in the regular orientations For Staff and volunteers,
Ali members shall sign a statement aff~,g they read and understand the City of
Firebaugh City Council Code of Ethics.
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2Q, Cnn~pliance au.d ~nfoxcement
~ve~rone has the primary responsibility to assure that ethical standards are understood and
met and ~ha~ the public can continue to ha~re full confidence in the inte~ri~y of Ci~y
~overnrnen~.
This personal Cade of conduct shall be considered to be a summary of ethical conduct by
l~`irebaugh Staff and volunteers.
I afl7rm. that ~ have read and understand the City of Pirebaugh City Council Personal Code of
Conduct,
~ acl~nowledge ~ha~ ~ may be x~erna~ved from my appain~ed office ar volunteer position by the Ci~r
Council if my conduct falls below these ethical standards,
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City of Evans Code of Conduct
for Elected Officials
T ~ ~r~~ a van ave~°n~~~t ~~~ ors a
a~e~ e~pa~s~° °~e .nd ~~ec
The City Charter provides detailed information ou the roles and responsibilities of Council
me~ribers, the Mayor ~ropTem, and the Mayor, The Cur's Cade of ethics provides guidance on
ethical issues and questions of right anal wrong. ~Jntil now, what has not been clearly written
down. is a Code of Conduct far Evans' effected o~cials.
This Code of Conduct is designed to describe the manner ~. which Council ~menabers should treat
one another, city staff, constituents, and athcrs they co~m.e into contact with in representing the
City of Evans. It re~ects the word of the City Council with defining mare clearly die behavior,
manners, and courtesies that are suitable for various occasions. The Ci~r Council also
considered a wide variety ofpolicy changes and clarifications designed to name public meetings
and the process of governance run more smoothly,
The constant and consistent theme through all of the conduct guidelines is "respect." Council
~nenabers experience s~~ess in mal~ing decisions that impact the lives of the citizens. ~t ti.~aes,
the impacts of tie enure cornmun.ity must be weighed against the i~aapact of only a few. Despite
these pressu~~es, elected officials are called upon to exhibit appropriate behavior at all times.
Demonstrating rasped far each individual through words and actions is the touchstone that can
help guide Council members to do the ~7ght thing in even the mast difficult situations,
1
O~er~Ye~ f ~2.ole 12e~ ~sxb~es
tither resources that are helpful in dung the roles and responsibilities of elected officials can
be found in the Evans City Charter, Evans Municipal Cede and in the .~andbool~ far Municipal
Fleeted Officials, published by the Colorado Municipal League,
n~~roR
~ Elected "atMlarge" for a two year term Evans City Charter, Sec~.on 3,4}
~.ecognized. as head of the City Croverent far all ceremonial purposes Evans City
Chanter, Section, 3, 9}
~ Preside over meetings of the City Council (Evans City Charter, Section 3,~}
~ 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 Chatter, ~ectian 3.9}
~ Executes and authenticates legal ins~rr~n.cnts requiring signature Evans City Charter,
SVCtioll ~rJ}
~ Shall be the coiaservatar of peace, and in emergencies may exercise within the City the
powers conferred by the Governor of the Mate of Colorado for purposes of mzlitaiy law,
and shall have the authority to con~aand the assistance of all ablepbodied citizens to aid
in the enforcement of the ordinances of the City and to suppress riot and disorder Evans
City Charter, Section 3,9}
® heads the Council into an effective, cohesive waning team,
AO. P,W~
~ Elected by the City Council at the first meeting fellawing their election Evans City
Charter, section 3,9}
~ Performs the dudes of the Mayor if the Mayor is absent or disabled Evans City Charter,
Section 3,~}
A~~ C~~J~CI
All members of the City Council, %ncluding the Mayor and Mayor ProwTem, have equal votes,
No Counciln~.ember has wore power than any other Council.member, and all should be treated
with equal respect,
All Council members should;
a Fully participate in City Council meetings and other public forams while demonstrating
respect, l~.%~.dness, consideration, and courtesy to others
Prepare ~. advance of meetings and be familiar with issues on the agenda
~.epresent the City at ceremonial functions at the request of the Mayor
Ee respectful of other people's tune. Stay focused and act efficiently during public meetin s,
g
a Serve as a model of leadership and civility to the community
aspire public con~idenc~ in Evans government
provide contact infarnaation with the City Clerk in case of an emergency or an u~~ent
situation arises while the Councilmen;~ber is out of town
Demonstrate honesty and integrity in every action and statement
Participate in scheduled activities
I'oYicies ~ Pr~to~al ~l~ted. '~a ~~ ~xc~
Ceremonxa~ events
Requests for a City representative ax ceremonial events will be handled by City staff. The l~ayar
will serve as the designated City representative, ~f the Mayan is unavailable, then Ci~r staff will
determine if event organizers would like another representative tom the Council, ~f yes, then
the Mayor protlTena will be recona~nended to serve as the substitute. Invitatxans received at City
fall are presumed to be for afhcial City representation, invitations addressed to Council
members at their hones are presumed to be for unofficial, personal c~usideratxon.
Correspondence ~ignares
Council members do not need to acknowledge the receipt of correspondence, or copies of
correspondence, during Council meetings. City staff will prepare official levers in response to
public inquiries anal concerns. These letters will carry the signatare of the l~ayar ar the
appropriate City staff. ~f correspondence is addressed only to one Councilnaember, that
correspondence will be shared with the rest of the Council.
~ndorscn~ent of Candidates
Council members have the right tQ 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 ar functions.
ate~rgovernme~.~a~ .e~aons
The Council values intergover,~nental relations with neighboring commute.ties anal other en~i~ies,
As a result, Council ~nenbers should make a concerted effort to attend scheduled meet~.gs with
other entities to further promote intergovernmental relations,
I~egislatlvc process
The City generally follows ~.oberts ~.ule of t~~der far meeting management,
~u~c ee~ing caring P~rotoc4l
The Ntayor will open the public hearing. Staff will make the initial presentation. The applicant
ar appellant shall have the right to speak first, The ~Cayor will determine the length of time
allowed for this presentation. Speakers representing prv paints of view will be allowed to follow.
Speakers representing opposing paints of view will the: follow, The Miayor will determine haw
much tix~.e will 'be allowed far each speaker, with ~ to 5 minutes the standard tune granted, The
Mayor will then ask the Council if any issues need clarification before the public hearin is
g
dosed, The Mayor has the responsibility to run an ef~.cient public meeting and has the
discretion to ~nadify the public hearing process in order to wake the meeting ran smoothly.
Council members will not express opin~ians during the public hearing portion of the meeting
except to ask pertinent questions of the speaker or staff, "~ think" and "z 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,
Slain motions naay be followed by amendments, followed by substitute motions. .may
Councilmember can call far a point of order, only Council nae~:bers who voted on the
prevailing side may make motions to reconsider,
Travel Expenses
The purpose of this reg~tlai~on is to establish the policies and procedures for Council members
who travel on official City business either inpstate or outaofRstate. Such travel shall include
attendance at conferences, semhaars, and training sessions on behalf oi' the City, The City shall
pay reasonable expenses far registration fees, lodging, meals, transportation, and all allowable
miscellaneous e~,penses for the Couucil ~neuaber only. ~.ll travel expenses will be handled in the
same manner and consistent with the provisions within the City's employee ~andbaok,
Ca ncil Conduct nth ~ ~ Am t er
Councils are composed of individuals with a wide variety of backgrounds, personalities, values,
opinions, and goals, l~espit~ thzs diversity, all have chosen to serve in public office ~ order to
preserve and protect the present and, the fut~u~e ofthe co~nunity, Iu all cases, this common. goal
should be acknowledged even as Council may "agree to disagree" on contentious issues,
l P~EC ET~I~S
~~ractice clv, professlouallsm and, r~ecorurn In dlscusslons 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 n~al~e belligerent, personal, impertinent, slanderous, threatening, abusive, or
disparaging con~rnents, 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 chess,
on.ar the role o~ the Mayor in u~alntaxnin,g orde~~
zt is the responsibility of the Nlayar to keep the corn~nents of Council members on track during
public meetings. Council members should honor efforts by the S1~ayor to foGUS discussion an
current agenda items, if there is disagreement about the agenda or the N~ayor's aeons, those
objections should be voiced politely and with reason, following procedures outlined in
parliamentary procedure,
4
~vaid personal cun~uae~ns that cao.id offend other Canncid eber~
if a Councilmernber is personally offended by the remarks of another Councilrnernber, the
offended Councilmember should make notes of the actual wards used and ca11 fox a "point of
personal privilege" that challenges the other Councihnember to justify or apologise for the
language used, The 1V~ayor will maintain control of this discussion,
eanstrate effec~,ve prohxe~n~soiving approaches
Council 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 cam~nuuntity as a whole.
e pur~ctu~al and keep ca~nm,ents relative to topics discussed
Council members have made a conuaaitn~ent to attend meetings and. partake ~ discussions,
Therefore, it xs important that Council members be punctual and that meetings start on tie, ~t 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 ~i~x
Can~t~nne respectfol beha~ar in private
The same level of respect and consideration of dif'fexing points of view that is deemed
appropriate for public discussions should be maintained in private conversations.
e aware of ibe insecurity of written notes, voicemaid ~nessages~ and ep~naxl
Tech~aology allows wards written or said without much forethought to be distributed wide and
far, Would you feel comfortable to have this note faxed to othexs7 kiow would you feel if this
voicemail message was played on a speaker phone in a full office? what would happen if this e-
mail message was forwarded to others? written notes, voice~nail messages and email should be
treated as potentially "public" communication,
given private con:vcrsations can have a pnbc presemce
elected officials are always on display ~ theix actions, mannerisms, and. language are monitored
by people around them that they ~aay not know, Lunch table conversations wi11 be eavesdropped
upon, parking lot debates will be watched, and casual ean~nents between individuals before and
aver public meetings noted,
Council Conduct vvi~lh City Staff
Governance of a City relies on the coope~~ative effo~~ts of elected officials, who set policy, and
City staff, who implement and adtnhaister the Council's policies. Therefore, every effort should
be made to be cooperative and show mutual respect far the contributions made by each
individual for the goad of the community,
Treat all staff as pxofessioaais
Clear, honest coxnnaunication that respects the abilities, experience, and dignity of each
individual is expected, poor behavior towards staff is .not acceptable,
S
~zlt contact ~a speck Cif sta
Questions of City staff andlor requests far additional background information should be directed
to the City Manager, City attorney, or ~epartnaent heads. The City Manager should be copied
an ar i.nfor~ned of any request,
Requests for follow~up 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 asl~ the City Manger for direction. Materials supplied to a
Counciltnen~ber ~. response to a request will be made available to alb members of the Council so
that all have equal access to information,
`~o ao~ disrap~ City staff fra~n their jobs
Council members should not disrupt City staff while they are ~, meetings, on the phone, or
engrossed in perfarm~ing their job functions in artier to have their individual needs met.
fever pubiiciy critic~c an individuai e~pioyee
Council should never express concerns about the performance of a City enaplayee ~: public, to
the employee directly, or to the employee's manager, Connnents about staff performance should
only be ~.ade to the City Manager through private correspondence or conversation,
o nod gel involved In ad~nxnis~ra~XVe functions
Council naenabers 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 Cha~~ter, Section ~4.~, also contains
information about the prohibition of Council interference in administrative f~.ctions.
Checlz with ~ staff on correspanden.ce before tang ac~io~,
Before sending correspondence, Council members should. check with City staff to see if an
official City response has already been se~;t or is in progress.
®o nod mend meetings with Cif staff unicss regnesed by staff.
Bven if the Councihnember does not say anything, the Councihnember's presence implies
support, shows partiality, intimidates staff, and hampers staffs ability to do their job objectively,
~~t ~~egness for siaf support
X11 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 faliow~up items.
Requests for additional staff support--even in high p~~iority or emergency situations m~. should be
made to the City Manager who is responsible for allocating City resources in order to n~ai~ntain a
professional, wellrrun City government.
a not sacit polica support frame staff
Council members should not solicit any type of political support financial con~ibutions, display
of posters or lawn signs, Warne on support list, etc,} ~~om City staff. City staff may, as private
citizens with constitutional rights, support political candidates but all such activities must be
done away fi~om the workplace,
C~~cii ~ndu~ti ~rxth e Pu~~
~C ~ ~TI~S
Making the public feel welcome is an important part of the democratic process, ~o suns of
partiality, prejudice ar disrespect should be evident an the park of individual Council members
toward an individual participating 6n a public forum;, ~verSr effo~ shauld be ~nadc to be fair and
impartial in listening to public testimony,
e v~eleomin to speakers and treat them with care and gen~cness
Speaking in front of Council can be a difficult experience for some people. Some issues the
Council u~.dertakes naay affect people's daily lives and homes. Some decisions are e~notianal.
The Way that Council treats people durbag public hearings can do a tot to make them relax ar to
push their emotions to a higher level of intensity,
e fair a~ud culta~e a~locating pubic bcarg ~.n~e ~o lndlv~dua spca~crs
The Mayor will determine and announce limits on speakers at the start of the public bearing
process, Generally, each speaker Will be allocated three~min;utes with applicants and appellants
or their designated representatives allowed more time. ~f many speakers are anticipated, the
Mayor nay shorten the ti.rne limit andlor ask speakers to linut theuaselves to new ini'armation
and paints of view not already covered by previous speakers.
~'a speaker will be turned away unless he or she exhibits inappropriate behavior, each speaker
may only speak ante during the public hearing unless the Council requests additional
clarification later in the process. after the close of the public hearing, na more public testimony
will be accepted unless the Mayor reopens the public hearing for a limited and speci~~c purpose,
~~vc the appearance o~ active liste~ng
It is disconcerting to speakers to ha~re Council naernbers not loaf at them when they are
speaking, It is fhae to look dawn at documents or to make notes, but reading fo~~ 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.
ask for carx~aona but a~o~d dcba~c and a~~gumeut with the pub~.c
oily the Mayor ~ not individual Council members ~~ can inter~~upt a speaker Burin a
g
presentation, ~o~rev~r, a Cuunciitnember can ask ~.e Mayor for a point of order if the speaker is
off the topic or exhibiting behavior or language the Counciltnem~er finds disturbin .
g
if speakers become flustered ar defensive by Council ~uestxons, it is the respansibili of the
tY
Mayor to calm and. Focus the speaker and to maintain the order and decorum of the meet~.g,
Questio;as by Council members to members of the public testifying should seek to clam,,'i/~/~~yy{rr~r or
1 , . ` ~ , , Y
expand. ~nfornaat~on, xt rs never appzopriate to belligerently challenge or belittle the speaker,
Council members' personal opinions or inclinations about upcoming votes shauld not be
revealed until aver the public hearing is closed,
®~o personal atac~s of any .nd~ under any circumstance
Council members shauld be aware that their body language and tone of voice, as well as the
wards t~.ey use, can appear to be intimidating ar aggressive,
7
`oia~- par~iaeatary procedure in co~nduct~ pubic ~aee~ins
The City A.ttarney serves as advisory parliamentarian for doe City and is available to answer
questions or interpret situations according to parliamentary procedures, final rulings an
parliamentary proeedr~re are made by the ~ayar, subject to the appeal of the full Cauncil.
~~C ~TT~
fake uo pro.ises ®n baba of the Cau~:c~
Cauncil members wilt frequently be asl~ed to explain a Council action or to give theit~ opinion
about an issue as they meet and tally 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, ar to promise City staff will do
something specific ~f~ a pothole, remove a library boob, plant new ~.owers in the median? etc,},
g ae no pcrsana~ comments about ether CaunC~ members
It is acceptable to publicly disag~~ee about an issue, but it is unacceptable to ~nal~e derogatory
comments about other Cauncil rne~nbers, their opinions and actions,
em,ember that despite its impressive pop~~iation~ flares, Evans is a small Co~n~nunity a~
lica
Council members are constantly being observed by the cvn~munity every day that they serve in
of~,ce, Their behaviors an,d ca~aara.ents serve as models far proper deportment in the City of
Evans. klanesty and respect for the dignity of each individual should be reflected ~ every word
and. action tal~en by Council nae:a~bers, 2~ hours a day, seven days a weep, It is a serious and
continuous responsibility.
aunci~ o~xduct with then ublic ~.~encies
®e clear about representing the City ar personal ~.terests
if a CaunGilmernber appears before another goverrnnental agency or organization. to give a
statement on an issue, the Councilrnember must clearly state:
l} if his ar her statement reflects personal opinion ar is the official stance of the City;
~} whether this is the majority or minority opinion of the Council, even iF the
Councilmember is representhag his or her own personal opinions, remember that this
still may reflect upon the City as an organisation,
~f the Councii~member is representing the City, the Councilmember must support and advocate
the official City position on au issue, not a personal viewpoint,
~f the Councihnember is representing another organi2ation whose position is different ~Fom the
City, the Councilbaember should withdraw from voting on the issue if it signi~cantl im acts or
Y p
is detrimental to the City's interest, Council members should be clea~• about which organizations
they represent anal inform, the ,~ayor and Council of their involvement,
Coxxespondcnce also shad be e~,uay ciea~ abor~~ xepxesenaon
City letterhead maybe used when the Counc~lmember is representing the City and the Cur's
o:~cial position, A copy of affcial correspondence should be given to the City Clerk to be filed
as part of the pe~naanent public record,
~~ is best that City letterhead not be used for correspondence of Council members representing a
personal point of view, or a dissenting port of view from an official Council position.
C~~x~ncxl ~~duc~ nth yards ~ncl Cax~mi~sxa s
7'he City has established several Boards and Commissions as a means of gathering more
community a~put, Citizens who seiwe an Boards and Commissions become more involved in
government and serve as ad~risors to the City Council, 'phey are a valuable resource to the Cry's
leadership and should be treated with appreciation. and respect.
~f attending a oai~~ a~ Carn~nission ~nceng, be careful to only e~pxess pe~~sonal opinions
Council membet~s may attend any.Board or Commission meeting, which are always open to any
member of the public, However, if the Board or Coxninissiun is conducting a public hewing, the
Counciln~ember shall remove themselves tom 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 comments by a
Councilmenaber at a Board or Con~issian meeting should be clearly made as individual opinion,
a;ad not a representation of the feelings of the entire City Council, Also, a Councilmernber's
presence may affect the conduct of the Board or Con~nission and limit theix role and fiction.
~imi~ contact nth oar and Commission me~nbe~°s
it is inappropriate fox a Councilraeraber to contact a Board or Commission member to lobby on
behalf of an indi~ridual, business, ar developer. Council members should contact staff in order to
clarify a position taken by the Board or Commission..
emembcr bat oards and Commissions serge the canamtini~y, not individnai
Ca~ncii ~aembe~°s
'i'he City Council appoints individuals to serve on Boards and Con~,issians, and it is the
responsibility o~ Boards and Coinnaission~s to follow policy established by the Council. But
Board and Comrnissian members do not report to individual Council members, a~or should
Co~u~cil me~bers feel they have the power ar right to threaten Board and Commission naernbers
with removal if they disagree about an issue. Appointment and reMappointnaent 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 dudes. A Board or Cornn~ission appointment
should not be used as a political "reward."
~Be respecuZ o diverse opinions
A primary role of Boards and Can~issions is to represent many pouts of view in the
community and to provide the Council with advice based an a ~.ll specttrurn of conce~~as and
perspectives, Councilmembers must be fair and respectl of all citizens serving on Boards and
Coinmassions,
9
®~~eep pohtica~ rapport array fra~n puh `~ forums
Board and Commission members may offer political support to a Councihnember, but nod in a
public forum while conducting official duties, Conversely, Council members m.ay support Board
and Conunission members who are running far office, but not in an official forum ~ their
capacity as a Councihnember,
naps°opria~e eha~or can lead to removal
inappropriate behavio~~ by a Board ar Can~nission member should be noted to the Mayor, and
the Mayor should counsel the offending member, ~f inappropriate behavior continues, the Mayor
should bang the situation to the attention of the Council and the individual is sub jec~ to removal
tom the Board or Ca~nmission,
Council Conduct ~vi~:h The Media
Council members nay be contracted by the media for background and quotes,
The best adv~~e for deall~,g v~~h the media is to o.e~rex go "off the record"
1Viost members of the media represent the highest levels of journalistic integrity and ethics, anal
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 spo~esperso~n for the representative o~ C~~y posi~ion.e
The Mayor is the designated representative of the Council to present and speak on the official
City position., Zf an individual Councilmen~ber is contacted by the ~.edia, the Councihr~ember
should be clear about whether their convnents represent the official City position or a personal
viewpobat,
Choose wo~°ds cdrefuy and cautiously
Comments taken out of context can cause problems, Be especially cautious about humor,
sardonic asides, sarcasm, or word play. ft is never appropriate tv use personal slurs or swear
words when talking with the media.
Sanc~xons
~'r~blic israp~lon
Members of the public who do not follow proper conduct after a warning in a public hearing may
be barred f rom further testimony at that meeting or removed fi~om the Council Chambers,
~a,appropria~e staff eha~or
Council members should refer to the City N~anager any City staff who do not follow proper
conduct in thei~~ dealings with Council menabersa other City staff, or the public, These employees
may be disciplined in accordance with standard City procedures far such actions,
l0
Counc mcmbers ehav~or and onduc
City Council members who intentionally and repeatedly do not follow proper conduct may be
repriuaanded or faxnaally censured by the Council, Serious infractions of the Code of Btbics or
Cade of Conduct could lead to other sanctions as deemed appropriate by Council,
Council members should paint out to the offending Cauncilrnember .fractions of the Cade of
~tbics ax Code of Conduct. ~f the offenses continue, then the n~attex should be referred to the
1~ayor in private, xf the N~ayor is the indxvzdual whose actions are being challenged, then the
matter should be referred to the N~ayar Pro-Tem,
i~ is the responsibility of the ~ayar to initiate action if a Coun.cilrnember's behavior naay warrant
sanction. ~f no action is taken by floe lV~ayar, the alleged violation~s~ can be brought up with the
full Council ~. a public ~aeeting,
If violation of the Code of ethics or Code of Conduct is outside of the observed behaviors by the
N~ayor or Council ~nen~bers, the alleged violation should be referred to the M[ayar, The Mayor
should ask the City tanager andlor the City Attorney to investigate the allegation. and report the
findings to the Mayor, ~t is the ~ayar's responsibility to take the neat appropriate action, 'flaese
act~ans, can include, but are not limited to: discussing ~.nd counseling the individual on the
v~olat~ons; recommending sanction to the full Council to consider in a public meeting; or
fa~~g a Council ad hoc subcommittee to review the allegation; the i~vestigatian and its
findings, as well as to recom~n~end sanction options for Council consideration,
rind ' s of e~ due
pr~D~~r ~~~~Ct ~~ o o a
o Keeping promises
o Being dependable
v Building a solid. reputation
o Participating and being available
v I~emanstrating patience
v Sowing empathy
o folding auto ethical principles under stress
o Listening atte;nxively
v Studying thoroughly
o Keep~g integrity intact
o Cvercaming discaurage~nent
v Going above and. beyond, time and. time again
v Il~adeling a professional manner
1l
Pieper ~a~t ' e e v
Shaving antagonism or hostility
Deli'bexately lying or misleading
Speaking recklessly
Spreading rumors
Stirring up bad feelings, divisiveness
Acting ~. a self~righteous manner
It all camas down t~ ~°espec~
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.
~ ~klis r 1!/I i6ri on ct
® will my decisionlstatementlactionviolate the test, rights or good will of others?
what are my interior motives and the spb~it behind my actions?
~f I have to justz~r my conduct in public tomarxow, will ~ do so with pride or shame?
how would nay conduct be evaluated by people whose integrity and cha~~acter ~ respect?
even if my conduct is not illegal ax unetbxcal, is it done at someone else's painful
expense? will it destroy their trust in nee? will it harp. their reputation?
Is nay con~.uct fair? Just? Morally right?
xf x were on the receiving end of any conduct, would ~ approve and agree, or would ~ take
offense?
Does my conduct give others reason to test or distrust one?
Am ~ 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 r stand for?
Do ~ exhibit the same conduct in my private life as ~ do ~ ~y public life?
Can ~ take legitimate pride ~ the way ~ conduct myself and the example ~ set?
Do ~ listen and understand the views of others?
® Do ~ question and con~ont different points of view ~ a constructive manner?
Do ~ work to resolve differences and come to mutual ag~.•eement?
Do ~ support others and sb.ow respect for their ideas?
will nay conduct cause public embarrassment to someone else?
l~
H~ o~~r Ong y ~ hers ~ ~ ~~rn er
~'he fallowing items axe taken tom the Colorado Municipal league, andboal~ far Municipal
elected C~fcials, and is reprinted from the league of ~nsas Municipalities' bxochure,
"Suggestions for Successfexl public Service"
Gove~~ing is clearly more of a~n art than a science. 'T'here axe no ultimate answers on how to
govern; different approaches axe to be expected, and pxobably desired. however, thexe do seem.
to be some fundamentals, ~'he suggestions that follow xange from practical, cammo~. sense
fundamentals to those Hoots p~ilasophic and theoretical. 'T'hese tips far successful and effective
public se~rice are intended to assist mayors, council members, and board trastees, while most
suggestions relate to individual o~'~cers o~.ers apply to the gaverni~ng body as a wk~ole, ~`hese
two application, however, are interdependent m the capacity of a governing body to govern
effectively is dependent on the collective capacities of at least a naa~axity of its nxembers~p,
'these suggestions are not ~. any priority order, and Hat all are universally accepted, A,11 of them,
however, are worth Consideration. by anyone who would set~ve the public through an elective
local office,
I , ~ea~~n all you can about your city, its history, its operation, its financing. ~o your
home~ror~, ~n.ow your city ordinances. ]dust off your comprehensive plan.
2. devote sufficient tone to your ai'~ce and to s~.dying the present and futuxe
problems of your Cannaaunlty,
3, l~on.'t bum yourself out on the little things but recognize that they are often
i.~portant to the public, Save same energy -and time w fax the impa~~ant matters.
~&, I~o~'t act as a committee of one; governing a city requires team e~'ort ~ practically
and legally,
5. don't lit honest differences of opinion within the governing body degenerate into
personality conflicts,
~, ~.enaembe~~ that you represent ail ~e people of your community, not just
neighbors and friends. ~e wary of personal experiences coloring your public
decisions,
~, ~'al~e your budget preparation jab seriously, for it determia~es what your city does
or does not do for the Doming year and will also influence what happens ~. futuxe
years,
~, establish policy statements. written policy statements let the public, and the city
staff, laa.ow where they stand. they help the governing body govern, and writing
thew provides a process to develop consensus,
9. Make decision on the basis of public policy, and be consistent, 'Treat similar
situa~o;ns similarly, and avoid favoritism.
1 ~. pacus your' attention on ways to p~•event problems, rather than just ring to solve
them as they occur, pilling potholes is one approach to governing; developing
plans to prevent them is more important,
i3
~ ~. Don't be misled by the strong demands of special interest groups who want it
done now, their way. 'dour job is to find the long-term public inferest of the
community as a whole, and you nay be hearing from the wrong people.
12- Don't rush to audg~nent. dew anal actions have to be Taken at the first meeting at
which they are considered, .void "crisis managernent~"
13, Don't be afraid of change. Don't be content to just follow the routine of your
predecessors. charge your appointed officers and employees with berg
responsible for new ideas and better ways. Listen to what They have to say,
14. Don's give ~,uick answers when you a~~e not sure of the real answer, ~~ maybe
embarrassing to appear ignorant, but it can be more embarrassing, and damaging,
to tell a person something which is wrong,
15- 1~s an individual, even if you a~•e the mayor, don't make promises you cata't
deliverl lost decisions and actions require approval of the govexni~g body, and
~iis fakes a majority vote.
16. remember that you. have legal authority as a governing body n~en~ber only when
the governing body is ~ legal session,
17. Don't spring surprises vn your fellow gove~•ning body members or your city staff,
especially at formal n~eeti~ngs- ~~ a uaatter is worth bxingi.ng up for disGUSSion, it's
worth being on the agenda, surprises may get you some publicity, at the
embarrassment of others, but They fend to erode the "team" approach to
governance.
18, paa~ticipate in official meetings with the dignity and decor~.n fitting those who
hold a position of public dust, personal dress and courteous behavior at meetings
help create an environment far making sound public decisions.
1 ~. conduct your official public meetings with some formality, and follow rules of
procedure. have an agenda, and follow it- host governing body members agree
that foz~nal meetings expedite the process and promote better decision making.
Z~- Don't be afraid to ask questions. It is one of the ways we lea~~. but do your
homework by studying agenda material before meetings,
~ 1 • Vote yes or no an naations, Don't cop out by abstaining excopt when you have a
conflict of interest. A. pass does not relieve you of responsibility when some
decision must be made.
Z~. ~Ce a majo~xty decision of tae governing body has been made, respect that
o~'ficial pas~t~on and defend it if needed, even ifyou personally disag~•eed.
~3, ~.espect the lette~• and intent of the open meetings law, but also .keep private and
confidential matters to yourself, Don't gossip.
24. detain competent, key employees, pay them well, trust their professional
ju~dgment~, and recognize their authority and responsibilities.
Z5- Don't bypass the system! xf you. have a manager or other chief adxn~i.strative
officer, sticl~ to policy making and avoid personal ~.volvement in the day~toeday
opera~.ons of the municipality. if you do not have an adt~i.nistxative officer, make
14
sure you have some n~.anagement system that afters, employees, anal the public
understand,
~~. can't let others bypass the system, insist that people such as equipment ar
service suppliers work with your city staff, if direct contact with governing body
members ~s necessary, it should be with the governing body as a whole, or a
committee, and not on a onedon~one basis.
27, can't pass the buck to the staff or employees when they are only following your
policies ox decisions,
~8. can't always tale no far an answer, the right question maybe "how can we do
this?" instead of "day we da tlns?" ~e pos~tive~
29. Leann to evaluate recommendations and alterative courses of action, bequest that
your staff provide options, encourage imaginative solutions.
3Q, avoid taking short~term gains at ~e expense of lang~term losses. ~e concerned
v~rith the lang~term future of the city,
31, In determining the public Merest, balance personal rights and property interests,
the possible harm to a few versus doe good of the many, Recognize that in some
situa~ons, everyone can't be a winner.
32, R.e~nen~ber that cities are for people1 ~e concerned with the total development a
physical, economic, and social p of your community,
33. can't act as if the city operates in a vacuum, Cities must work within the
intergavernn~ental system. to be effective. .eep in contact and cooperate with
your federal, state, county, anal school officials,
3~, Know your neighbors. Cet to know the officials of neighba~~ng and similar size
cities, Visit over cities, particularly those with a reputation of being well run.
35. Learn to listen ~ really listen ~ to your fellow governing body members and the
public. dear what they a~~e dying to say, not~ust the words spoken.
36, l~.eep your constituents informed, and encourage citizen participation,
37. ~e friendly and deal effectively with the news media, fake sure what you say is
what you mean. Lack of goad camluunica~ion, with the media and the public, can
be a n~a~ ax problem far municipal ef~icials,
3 ~. ~.e~.e~.ber that what you say, privately and publicly, will open be news. Y'au
live an a glass house, avoid over-publicizing minor prablen~s,
~ ~, expect, and respect, citizen complaints. fake sure that your governing bod
m.embe ~ ~
rs and your city, have a way to deal effectively with them. ~~ave a fallow
up system.
~~, ~e careful about rumors, Check them putt help squelch theme when you know
they a~~e false.
~ 1, appoint citizen advisory committees anal task forces when you need them, but be
prepared to fallow them advice if you use them..
~~. 'Take care ~ your appointments to boards and commissions, fake sure they are
willing and capable as well as representative of the whole community.
l~
4~, Never allow a canf~ict of interest to arise between your public dines and your
private interests, ~e sensitive to actions you take that might even give the
appearance of haaproprlety.
~4, leek help. Use manuals, guides, and other technical assistance and information
available from the Colorado iV~unicipal league and other agencies, attend
workshops and conferences put on for the benefit of you and your city,
45. Face yout~self, Limit the number of meetings you attend, het some priorities,
including the need to spend tithe with your family, Recognize that life ~ and the
city.. is dependent on a lot of things you have little control over.
46. establish some personal goals and objectives, what do you want to help
accarnplish this year? Next year?
~7, help develop some short~terrn and longpterrn goals and objectives for your city,
and check your progt~ess at least every six months,
~~, ~i~lariy, help your city develop a vision of the future, plan froth the future to
the present ~ no vision, no plan. one of the important purposes of a governing
body is tp establish a vision for the future,
~9. p'ocus Qn the fut~u~e, and ~ to leave your city better tb,an that which you inherited
as a city of~.cer,
SU, ~e a leader, as well as part of the team of elected and appointed officials who
~rere selected to make your city an even bettet~ place to live.
51, ~.t 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
doings Uow can we do things better?"
SZ, ~e enthusiastic about your public service and the privilege you have, and let the
public know it. but maintain your sense of humor, Don't take yourself or the
business of gove~~rnent so seriously that you don't enjoy it. Zt should be fun as
well as a rewarding experience,
5~, Celebratei ~.lways facushag on problems and issues naay lead you, the governing
body, and the public, to believe fat nothing positive ever happens. Cood things
do happen. het the public share youx successes.
16
~sa~y Ter s
ai~ude The manner in which one shows one's dispositions, opinions, and feelings
bebavio~ ~~te~aal appearance or action; manner of behaving; carriage of oneself
civ~y Politeness, consideration, cout~tesy
conduct The way one acts; personal behavior
coaxtcsy Politeness connected with l~ndn.ess
decoru~a Suitable; proper; good taste ~ behavior
n~an~,ers A. way of acting; a st~Ze, rrxethod, or foam.; the way in which thug are done
poxn~ o~ orde~~ An interruption of a rn.eeting to question whethex rules or bylaws are being
broken, such as the speaker has strayed from the motion currently under
consideration
point o~ personal ~ challenge to a speaker to defend or apologise for com~uents that a
priv~e~e fellow Counciln~ember considers offensive
propricr ~onformiug to acceptable standards of behavior
p~ro~ocoi The courtesies that are established as proper and correct
respce~ The act of noticing with atCention; holding ~ esteem; courteous regard
L;s~aredlmatta~arlcauncialcade of coadu~t
~7
City of Elk River
Personnel Policy Il~anual
Excerpts rela~in~ to the conduct ol'public ol'~icials and employees.
IE~`~ITI~NS F ENIPEOYNIENT STATUS
Full~Ti~ne Employee: An employee who is regularly scheduled to
work approximately 2080 hours per year,
Part-Time Employee: An employee who is regularly scheduled to
work less than 2080 hours per year and who
generally wort{s twelve months per year,
Orientation Period Employee; An employee in his or her Orientation
Period, as described below,
Regular Employee: An employee who has completed his or her
Orientation Period, as described below,
Seasonal Employee; An etnployee who worl~s in a position that is
seasonal in nature; less than twelve months
per year, The employee may work more
than one hundred twenty X120} days in any
consecutive twelve ~ 12} month period.
Temporary Employee; An employee scheduled to work fewer than
120 days in any consecutive twelve month
perio ,
Elected or Appointed Official; A person elected as Mayor or Council
member' or a person appointed by the Mayor
and Council to serve on a City commission
or board.
Applicant: Any person applying for a paid or volunteer
position,
CONDUCT
ET ICS ' PIJ LIC EIPLYENT
The City of Elk River finds that it is in the public interest and general welfare of
the City and its citizens that a statement of ethics be established for all employees
of the City.
Employees shall not use their official position for personal gain, engage in any
business ar transaction or have a financial interest, direct or indirect, which is in
conflict with the prope~• performance of their official duties,
ACCEPTING ~I~'T~
Employees shall not accept, either directly or indirectly, any money, property,
gift, gratuity, reward, loan, fee, discount, or special consideration or special
accommodation arising from or offered because of their employment or any
activity connected with their employment with the City.
El'PL~YEE ENI~[~R~EIEI~TS
No employee shall, in any manner ar form, endorse, recommend, ar advertise a
product or service by using the City's name or the employee's name andlor title,
C®I~ELICT ~E INTE~.EST
The credibility of local government rests heavily upon the confidence that citizens
have in public officials and employees to render fair and impartial services to all
citizens without regard to personal interest andlor political influence. Thus, City
of~"~cials and employees must scrupulously avoid any activities that suggest a
conflict of interest between their private interests and City responsibilities. The
City has adopted a Conflict of Interest ordinance that addresses these issues.
Employees and officials are required to follow all applicable laws related to
conflicts of interest, including the City's Conflict of Interest ordinance that is
attached as Exhibit E,
HA.ASSI~ENT
The City of Elk River strives to maintain a work environment free of offensive
conduct or harassment of any type,
Exhib~~
Conflict of ~n~erest ordinance
Section 2ZO®Conflic~ oi' interest
220.oQ-Po1ic
The credibility of the local government rests heavily upon the confidence
which citizens have in public officials and employees to render fair and
impartial services to all citizens without regard to personal interest andlor
political influence. Thus, City officials and employees must scrupulously
avoid any activity which suggests a conflict of interest between their private
interest and City responsibilities, Cf~cials and employees of the City, or their
family members, shall not engage or have financial interest in any business or
other activity which could reasonably lead to a conflict of interest with the
official's or employee's primary City responsibilities. "Family 1ne111bers" of
an official or employee shall be deemed to be the official or employee's
spouse, parent, children, siblings, father~ln-law, l~nother-in-law, brothers-in-
law, and sisters-in-law and the lineal descendants of any of them. Examples
of activities which are not in accordance with this policy include, but are not
limited to, the following;
1. Entering into any sale, lease or contract in violation of
Minnesota Statutes, Section 471.87-471,89;
2. Acceptance by a local official of any gift froze an interested
person in violation of Minnesota Statutes, Section 471.895;
3. Activities which require the offlcial or employee to interpret
City codes, ordinances, or regulations which such activity
involves lrlatters with which the official or employee has
business andlor family ties;
4. Consulting activities carried out within the City if such
consulting involves talents of sl{ills primarily related to the
official's or employee's City worl~ responsibilities;
5, Using an official's or employee's authority, influence, or City
position for the purpose of private or personal financial gain;
6, The use of city time, facilities, equipment, or supplies for the
purpose of private or personal financial gain;
7. Entering into a business transaction when it involves using
confidential information gained in the course of. employment;
g. Accepting other employment for public office where it will
affect the official's or employee's independence of judgtnent or
required use of confidential information gained as a result of
City duties;
9. Conducting personal business while worl~ing regularly
scheduled hours; and
10. Accepting rebates or procuring any financial gain through the
bidding process or employment of outside personnel; and
220.02-Enforcement
Any official or employee engaging in any activity involving either an actual or
potential conflict of interest or having l~nowledge of such activity by another
official or employee shall promptly report the activity to the City
Administrator, or if such activity be by the City Adn~inistr~.tor, to the Mayor,
The City Administrato~• of mayor shall investigate the matter and male a
determination as to whether or not an actual or potential conflict exists, ~f the
City Administrator or Mayor determines a conflict exists, it shall be presumed
that the continuation of the practice would be injurious to the effectiveness of
the official or employee in carrying out hislher duties and responsibilities. In
such cases the official or employee shall immediately terminate the conflicting
activity or be subject to termination of employment or removal from office,
220.04-officials
For the purposes of this Section 220,04, the term "official" shall include all
elected and appointed officials of the City including, but not limited to, the
City Council, the Economic Development Authority, and the ~~nembers of the
Boards and Commissions established by Chapter ~~ of the City Code of
Ordinances. "Employee" shall include any individual employed by the City
on a full or part-time basis,
220,06-Elections
No elected official shall require, either directly or indizectly, any employees of
the City to campaign on hislher behalf as a condition to employment, No
employees shall use City time or resources in promoting or advocating the
election of any individual,
Zza.as-Ap~li~i~
Nothing ~ this policy is intended to violate, supersede, or conflict with any applicable
state or federal law regarding conflicts of interest in public employment or disclosure
requirements.
F ~- i
t ~ /~ ~ r
~~
,~~ ~~
~~ 4~ ~v.
T
Cry Cor~c~ Code of Cork,
City o Elk ~~rer,
Formed as a statutory city of the State of Minnesota, the City of EIk River functions
under the weak mayor~council form of municipal government, The city council is the
legal body charged with authority over and accountability for alI the business of the
city,
The mayor's powers inthe weak mayor~council plan are no greater than those of
other members of the council, except that the mayor is the presiding officer at
council meetings and has other legal and ceremonial responsibilities, The mayor has
no extraordinary power to individually make administrative decisions for the city,
The mayor and council members, herein referred to as the city council, speaks for
the city as a group, Roles and responsibilities for the mayor and individual council
members are derived from the role and responsibility of the council as a group, not
the other way around. All mayor and council member practices must recognize that
it is the council, not individual council members, which has authority,
The city council speaks authoritatively onlywhen it passes an official motion at a
legallyrcalled public meeting, Statements or actions bythe mayor or council
members have no legal authority outside of this setting, The city council speaks with
one voice or not at all, This "one voice" authority does not require unanimous votes
but it does require all council members, even those who voted in the minority, to
respect the decision thatwas made bythe majority, Council decision can be changed
bythe council, but never by individual council members.
The city council's primary responsibility is to serve the best interest of the residents
of the city, The council is first servantto its' constituency and then leader of the city
staff, boards and commissions,
The citycouncil is a governing body, not a management body. The city council
governs through policysetting~ It is from this policy setting position that the city
council devises the structure of management and employs the staff to carry out
council-approved policies, ordinances, and directives,
Governing requires strong commitment and dedication, an ability to think
conceptually and with along-term perspective City council members are visionary
and provide long-term leadership, Governing also requires the ability to welcome
diversity of opinions but abide by group decisions. City council members must be
able to speak on behalf of their constituency rather than merely from their awn or
some other group perspective. They must place organizational accountability above
personal gratification,
The city council has total authority over, and total accountability for, the business of
the city, However, the city council is required, in some instances, by state statute
and prudently decides, in others, to employ staff to carry out its' authority and to
fulfill mast of its' accountability, And since the actual running of the city is
substantially in the hands of management, then it is important to the council that
management is successful.
The city council has through its' organizational structure set up a single point of
delegation, the city administrator, and holds this position accountable far meeting
all the council's expectations far performance of the city's business, The council has
delegated to this position all the authority that such extensive accountability
deserves, Through the city administrator the council expresses its expectations for
the entire organization, All the accountability of the city staff to meet the council's
expectations is charged personally to the city administrator,
The city council creates the city administrator, the city administrator does not
create the council, The council is accountable for what the city administrator's j ob is
and that the city administrator do the job well. The city administrator is neither
accountable for what the council's job is nor that the council does it's job well,
rn keeping with the "one voice" authority, the city council can allow no structures or
practices in which the mayor or council members individually exercise authority
over staff, any function of staff, or any department of staff. Such interference, even
when well-intended, undermines the council's abilityto hold the city administrator
accountable, since the city administrator can argue that his or her actions were
taken in compliance with the mayor or individual council member's instructions.
Attempts to directly supervise or direct employees, without council consent or
direction, may create unintended Iegal liability for the mayor or city council
members. Generally the doctrine of official immunity protects public officials from
lawsuits based upon discretionary actions taken in the course of their official duties.
Additionally state statute requires cities to defend and indemnify council members
or any suit arising from their official duties. However, these doctrines maynot
protect a mayor or council member if he or she is found to be acting outside the
scope of his or her duties, In addition, it is important to note that neither immunity
nor the state statute applies when a mayor or council member acts with malice or in
bad faith,
Aside from legal liability, attempting to directly supervise staff may also have the
effect of creating confusion for staff, which may receive conflicting direction from
multiple sources. This confusion may delay important city actions, create
unnecessary expense, or itself be a source of legal liability.
Only the council has authority over staff operations and it exercises that authority
through crafted policies and directives, It is not only unnecessary, but harmful for
individual council members to tell the city administrator what the council wants, for
the council speaks for itself. The city administrator work for the council as a whole
The council's job is to see that the council gets its job lane and the city
administrator's job is to see that the staff get its jab done.
Itis common, however, far the mayor and individual council members to give advice
to the city administrator and staff. But advice, ifit is really advice, can be rejected. if
staff has any doubtthat advice given by the mayor and individual council members
cannotsafelybeturned down, the clarity of council-to-staff delegation will be
undermined.
Council members should refrain from giving advice unless advice is requested. This
protects the board's ability to hold the city administrator accountable for his or her
awn decisions. The city administrator and any of the city staff can request advice if
they need it, and then can request it from whomever theywish. The wisestroute is
for the council to govern and leave advice and advisory mechanisms to the staff s
own initiative. This way the staff gets all the advice it needs and role clarity and
accountability are maintained,
To be accountable in governance of the city and delegation of management requires
the city council to;
1. Be definite about its performance expectations,
Z.Assign these expectations clearly,
3. Check to see that the expectations are being met,
The city council is accountable that the city works. The council need not control
everything but it must control the definition of success. It is possible to control too
much, just as it is possible to control too little, The zeal of a conscientious council
can lead to rnicromanagement. The trusting of a council can lead to rubber
stamping.
The discipline required to meet the challenge of governing cannot be overstated,
The city council has a critical job to da. City councils must persevere with the
arduous, complex task of describing purpose, setting clear policies, planning for a
sound future, setting ethical/prudent boundaries, and properly evaluating staff
performance and organizational success,
To this end, the following personal code of conduct shall be followed voluntarily by
the mayor and city council members;
1, Act in the Public Interest
Recognizing that stewardship of the public interest must be the primary concern,
mayor and council members shall work for the common good of the citizens of the
City of Elk River and not for a private or personal interest, and theywill endeavor to
treat all persons, claims and transactions in a fair and equitable manner.
2, Conduct of mayor and council members
The achievement of good outcomes for the City of Elk River 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 recognize the right of all points of view to be
heard with courtesy, respect and an open mind, Embarrassing a member of the
council 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
far the city. Council members shall refrain from abusive conduct, personal charges
or verbal attacks upon the character or motives of other members of the city
council, citystaff orthe public. Council members shall maintain decorum and setae
example for conduct when the council member is representing the city, Council
members shall conductthemselves so as notto bring disgrace or embarrassment
uponthe City.
3, Be Informed
Council members should be properly informed on all matters for decision. Council
members shall review the information packets provided by staff before each city
council meeting and come to the council meeting prepared to make decisions on
planned agenda items. If a council member needs additional information to make an
informed decision, they should contact the city administrator or 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 by making decisions they feel are in the bestinterest of their constituency and
the community as a whole,
5. Representation o~Personal Interests
In keeping with their role as stewards of the public trust, council members shall not
representtheir own private interests, political ambitions or personal relationship
interest at anypublic meeting. When the mayor or a council member is speaking in
public and voicing opinions of matters that have not gone before the entire council,
they will note that they are speaking on their own behalf and not on behalf of the
city council.
6. Commission, Committee and Communit Re resentation
The mayor and council members attend and representthe city council atvarious
city commission and community meetings, In these roles, the council member
serves as a representative ofthe city council and is 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 and providing an oral written report for
the.city council.
b, Answer any questions that the committee or board might have about city council
actions,
c, Bring back any issues, concerns or unanswered questions to the council far
consideration and actionR
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, Priorities of Council and Use o~C~ty Staff
Before asking city staff, including the city attorney, to research or put together any
new issues or action items for consideration and/or decision by the city council,
council members shall bring them before the council for direction at a regular
meeting or at a work session, The use of city staff time is limited to work directed by
the city administrator or the city council as a whole,
9~ Compliance
Council members themselves have the primary responsibility to assure that these
codes are understood and met, Council members shall read and comply with this
voluntary personal code of conduct to show citizens their camrnitment to
maintaining a high level of professionalism and integrity and thereby encouraging
public confidence in their local government,