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”). This annual review is typically scheduled on the Consent Calendar, however, at the February 25, 2025 meeting, there was substantive discussion about the Code and staff communicated the 2026 review would be scheduled for a Public Hearing.
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.
Staff propose the following changes:
• Replacing the word “citizens” with “residents” in the Ethics section on Page 3;
• Replacing the word “citizens” with “individuals” in the Do not solicit political support from staff sub-section on Page 8; and
• Removing the Public Disruptions sub-heading on Page 13. Staff propose moving this content to a forthcoming Public Meetings Handbook for better visibility to the public.
These three proposed changes are replaced as redlined edits in Attachment 1.
Annually, each Board and Commission reviews the Code and considers recommending changes for the Code to the City Council
The Human Relations Commission recommended Council revise Appendix A - Model of Excellence Member Statement as follows:
- List the fifth bullet - “Keep the common good…” as the first bullet;
- List the third bullet - “Conduct my personal…” as the second bullet;
- Add a bullet that reads “Centering the perspective of those who will be most affected by decisions and recommendations”;
- Add a bullet that reads “To be prepared and informed so that I can make worthwhile contributions”; and
- Revise the seventh bullet to read “Treat all people with whom I come in contact in the way they wish to be treated”.
Staff do not have any concerns with the Human Relations Commission’s recommended edits. Alternative 2 would include these changes in the Model of Excellence.
Several additional suggestions from individual Board and Commission Members were made to revise the Code. These suggestions are reflected in the attached Board and Commission meeting minutes (Attachments 2 through 11). The City’s boards and commissions completed their annual review of the Code during the months of August through December 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
2025 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.
ALTERNATIVES
1. Approve the proposed revisions incorporated in the 2026 Code of Ethics and Conduct for Elected and Appointed Officials as submitted (Attachment 1 to the report).
2. Include the recommended changes from the Human Relations Commission and approve the proposed revisions incorporated in the 2026 Code of Ethics and Conduct for Elected and Appointed Officials as submitted (Attachment 1 to the report).
3. Other direction as provided by Council.
RECOMMENDATION
Recommendation
Alternative 1: Approve the proposed revisions incorporated in the 2026 Code of Ethics and Conduct for Elected and Appointed Officials as submitted (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. Draft 2026 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