REPORT TO COUNCIL
SUBJECT
Title
Annual Review of City’s Code of Ethics and Conduct for Elected and Appointed Officials
Report
DISCUSSION
This report represents Council’s annual opportunity to review and revise the City’s Code of Ethics and Conduct for Elected and Appointed Officials (hereafter referred to as “the Code”).
The Code contains a section on ethical standards and a section on conduct which describes the way officials should treat one another, City staff, constituents, and others with whom they may come in contact with while representing the City.
No substantive changes to the Code are proposed by staff.
The Human Relations Commission recommended Council strengthen the language included on Page 13, under the Members Behavior and Conduct heading with the following changes:
“City Councilmembers who intentionally and repeatedly do not follow proper conduct may shall be reprimanded or formally censured by the Council, lose seniority and/or committee assignments (both internal and inter-governmental) and/or have official travel restricted. Serious infractions could shall lead to other sanctions as deemed appropriate by Council.”
A Human Relations Commission meeting minutes with that recommendation are included as Attachment 7. Should a Councilmember desire to make these or other changes to the Code, this agenda item can be pulled from the Consent Calendar for discussion and modified direction from Council. Staff does not recommend changing “may/could” to “shall” in this section because doing so would likely create additional uncertainty (e.g. when are infractions intentional or “serious” enough for discipline and at what level). The current wording allows for flexibility that leaves these decisions to Council’s discretion.
The City’s boards and commissions completed their annual review of the Code during the months of September 2024 through January 2025.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 (b) (5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
EXISTING POLICY
2024 Code of Ethics and Conduct for Elected and Appointed Officials.
FISCAL IMPACT
There is no fiscal impact associated with this report.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Review and approve the 2025 Code of Ethics and Conduct for Elected and Appointed Officials with non-substantive changes from the 2024 Code as set forth in Attachment 1 to the report.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Carnahan, City Clerk
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Proposed 2025 Code of Ethics and Conduct for Elected and Appointed Officials
2. Excerpt of Arts Commission Minutes
3. Excerpt of Bicycle and Pedestrian Advisory Commission Minutes
4. Excerpt of Board of Library Trustees Minutes
5. Excerpt of Heritage Preservation Commission Minutes
6. Excerpt of Housing and Human Services Commission Minutes
7. Excerpt of Human Relations Commission Minutes
8. Excerpt of Parks and Recreation Commission Minutes
9. Excerpt of Personnel Board Minutes
10. Excerpt of Planning Commission Minutes
11. Excerpt of Sustainability Commission Minutes