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DISCUSSION OF COUNCILMEMBER CODE OF ETHICS AND EXISTING CREED FOR COUNCILMEMBERS
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RECOMMENDATION
It is recommended that the Legislation and Environmental Committee receive information and discuss a Councilmember Code of Ethics as well as review the existing Creed for Councilmembers and decide whether changes are necessary.
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Summary
The Council Policy Manual (CPM) contains Chapter 2.03 - Code of Ethics for Elected Officials and Commissioners and several policies with sections related to ethical conduct throughout the manual. Review of the CPM revealed an opportunity to clarify areas of ethical conduct as well as those not previously addressed.
Likewise, there is an existing Creed for Councilmembers dating back to the mid-80’s which needs review and modernization.
Staff seeks direction from the Legislation and Environmental Committee on potential revisions to the CPM and Creed.
DISCUSSION
Background
Council Policy Manual
Currently, CPM Chapter 2.03 - Code of Ethics for Elected Officials and Commissioners (Attachment A) is very brief and speaks specifically to requirements under AB1234, state required mandatory ethics training. As a reminder, AB1234 relates to financial interests and perks for covered officials.
Other Chapters within the CPM which contain sections that address areas of ethical conduct, include Chapter 4.04 - Closed Sessions; Chapter 4.06 - Roles and Rules; Chapter 4.07 - Decorum primarily address conduct during meetings; and Chapter 4.08 - Council Censure addresses formal action procedures for Councilmember misconduct. These Chapters may return for further review as applicable during the CPM update process.
There is an opportunity to incorporate additional language into the Council Policy Manual to reflect best practices.
Creed
On January 13, 1986, Councilmember McGaughey presented a Creed for Councilmembers that originated from the City of San Jose. The City Council voted to send it to the Legislation and Election Committee for consideration. On February 12, 1986, at the Legislation and Election Committee meeting, members reviewed and forwarded the Creed for Councilmembers to the City Council for adoption. The City Council adopted the Creed for Councilmembers at the meeting of March 17, 1986, via Resolution 86-0131 (Attachment B).
Present Situation
Council Policy Manual
For consideration, and consistent with the recommendation of the San Joaquin County Civil Grand Jury, staff has provided excerpts from the City and County of San Francisco’s Campaign and Governmental Conduct Code (“SF Code”).
Within the SF Code, is Article I, Chapter 5 Regulation of Campaign Consultants (Attachment C). Staff asks the Committee to consider potential adoption of excerpts of this chapter to increase the integrity and transparency of the electoral process and governance within the City of Stockton.
Article III, Chapter 2 of the SF Code addresses Conflict of Interest and Other Prohibited Activities (Attachment D) and defines prohibited activities in greater detail than currently addressed in the Stockton CPM or elsewhere in its policies or regulations. Staff recommends the Committee consider incorporating language from Chapter 2 of the SF Code to further refine the language in the Stockton CPM.
Creed
The Creed for Councilmembers has not been reviewed in 38 years. Accordingly, Staff recommends a review of the Creed for any relevant additions or deletions.
Next Steps
Staff requests direction from the Legislation and Environmental Committee on what changes, if any, to bring back for review at a subsequent meeting.