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Home My WebLink AboutCity Council - 6540 RESOLUTION NO. 6540 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A CODE OF ETHICS AND AMENDING THE CITY COUNCIL MANUAL WHEREAS, on October 4, 1993,the City Council adopted a Code of Ethics to serve as a standard of conduct for all elected officials, officers, employees, and members of advisory boards, commissions, and committees of the City of Huntington Beach, NOW, THEREFORE, BE IT RESOLVED,the City Council Manual is amended to delete existing Chapter 1.02 and add the Code of Ethics, attached hereto as Exhibit "A," as Chapter 1.02. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of Novemhp,,z , 1193. Mayor ATTEST: APPROVED AS TO FORM: City Clerk -City Attorney P_Q •a- /g_�3 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator ity Administrator 9VtsoluA10/19/93 CITY OF HUNTINGTON BEACH CODE OF ETHICS APPROVED 10/4/93 Background Every citizen of the City of Huntington Beach is entitled to have complete confidence in the integrity of local government. All elected officials, officers, employees, and members of advisory boards, commissions, and committees of the City must help to earn that confidence by their individual and collective conduct. Purpose The purpose of this Code of Ethics is to set a standard of conduct for all elected officials, officers, employees, and members of advisory boards, commissions, and committees of the City of Huntington Beach. This policy is not intended to supersede or invalidate any statute, ordinance, or civil service rule or regulation. Applicability This Cade of Ethics shall apply to all elected officials, officers, employees, and members of advisory boards, commissions, and committees of the City of Huntington Beach, herein called "officials". Code Review The City Council, city departments, and all boards, commissions, and committees are to formally review this Code of Ethics with their members annually during the month of January. The Mayor, City Administrator, and Chairpersons shall be responsible for accomplishing this review. New members of the City Council, boards, commissions, and committees and new employees are to be provided a copy of the Code of Ethics for their review when they are elected or appointed. Policy The following policies, adopted by the City Council of the City of Huntington Beach constitute the official Code of Ethics for all officials of the city. First: All officials shall uphold the Constitution of the United States, the Constitution of the State of California, and the Huntington Beach City Charter, and carry out impartially the laws of the nation, state, and municipality. Second: All officials shall comply with all applicable provisions of stage law, particularly the California Political Reform Act including but not limited to its provisions on gifts and conflicts of interest. Third: Officials shall not engage in any activity which results in any of the following: �� 10111�9/799+3 11E)CIJll. I All 6540 (a) Use of time, facilities, equipment, supplies, or other resources of the city for the private advantage or gain for oneself or another; (b) Use of official information that is not available to the general public for private advantage or gain for oneself or another. (c) Use of the authority of their position with the city to discourage, restrain or interfere with any person who chooses to report potential violations of any law or regulation. Fourth: Officials shall not accept, directly or indirectly: (a) Private advantage, gain, remuneration, or reward for oneself or another as a result of the prestige or influence of the city office, employment, or appointment; (b) Financial consideration from any source other than the City of Huntington Beach for performance of their official duties. (c) A gift, honorarum or favor from anyone doing or reasonably expected to do business with the City of Huntington Beach. (d) Employment from private interests, when such employment is incompatible with the proper discharge of their official duties or may result in a conflict of interest. Fifth: Officials shall not give special treatment or consideration to any individual or group beyond that available to any other individual. Sixth: Officials shall not discriminate against or harass a citizen or co-worker on the basis of race, color, gender, religion, national origin, ancestry, sexual orientation, physical or mental handicap, marital status or age; harassment shall include verbal, physical, and sexual harassment. Seventh Except for persons appointed to hoards, commissions, and committees, officials shall not lobby on behalf of any other individual or entity other than themselves to city staff or before the City Council or any city board, commission, or committee for a period of two years after their date of severance from the city. Eighth: All officials shall conduct themselves in a courteous and respectful manner at all times during the performance of their official city duties. Enforcement: Any official found to be in violation of this Code of Ethics may be subject to censure by the City Council. Any member of an advisory board, commission, or committee found to be in violation may be subject to dismissal. In the case of an employee, appropriate action shall be taken by the City Administrator or by an authorized designee. Page 2 10/19/93 -05:02 PM 6540 Chapter 1 .02 gp(eeRPT Ron cay Clp"CIL hn — CODE QF ETHICS C rti)eAZ7/v7- 1b&-5Ota7749N 1 ,Q2.Q1 Purpose ofsode. The proper operation of democratic government requires that public officials and employees be independent, impartial , and responsible to the people. The purpose of this code is to establish ethical standards of conduct for all such officials. 1 .02.02 Definition. The municipal officials and employees of the City of Huntington Beach, whether elected or appointed, are "public officials and employees" within the meaning of this code. 1 .02.03 Responsibilities of public ffice. (a) Public officials and employees are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach. (b) Public officials are bound to uphold the Constitution of the United States and the Constitution of the State of California and to carry out impartially the laws of the nation, state and municipality. 1 .02.04 Dedicated servicp.. Public officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from doing so by law or by officially recognized confidentiality of their work. 1 .02.05 Fair n l treatment--Unilateral- communications. No public official or employee should encourage, make, or accept any application or communication from any party made out of the presence and without the knowledge of other parties in a matter under consideration when such application or communication is designed to influence official decision or the conduct of the official himself, or other officials, employees, or agencies in order to obtain favored treatment or special consideration to advance the personal or private interests of himself or others. Any written unilateral communication received by a public official or employee in matters where all interested parties should have equal opportunity for a hearing should be made part of the record by the recipient. Any oral unilateral communication received under such conditions should be written down in substance by the recipient and also made part of the record. 1 .02.06 Standards of. conduct. Every officer of the city shall attempt to be courteous and avoid making rude or personal remarks. When speaking at a public meeting, the officers of the city shall attempt to speak to the issue and avoid making comments for the benefit of the audience or the press. l 6540 i Res. No. 6540 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the ist day of November , 19_U_, by the following vote: AYES: Councilmembers: Robitaille, Bauer, Moulton-Patterson, Winchellr Silva. SulliyaI3, Leipzig NOES: Councilmembers: None ABSENT: Councilmembers: None ' s r y er ana ex-otri erk of the City Council of the, City of Huntington Beach, California