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Home My WebLink AboutCity Council - 2004-2 y OF I� A HUV,TINGT0H BEACH, C CITY OF HUNTINGTON BEACH .1005 JAIA 18 1 INTERDEPARTMENTAL COMMUNICATION TO: MAYOR JILL HARDY AND MEMBERS OF CITY COUNCIL FROM: JENNIFER McGRATH, City Attorney DATE: January 17, 2005 SUBJECT: LATE COMMUNICATION REGARDING JANUARY 18, 2005 AGENDA ITEM E-2, ANNUAL REVIEW OF THE CITY CODE OF ETHICS It was brought to my attention that the Code of Ethics included in the Agenda Packet includes a substantive error which should be corrected by motion of the City Council at the Council Meeting. Specifically,paragraph (c) of the.Fourth Policy should be amended to read as follows: (c) 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. Thank you for your attention to this matter. 1� JENNIFER McGRATH City Attorney cc: Joan Flynn, City Clerk Penelope Culbreth-Graft; City.Administrator jmp/04memo/ RESOLUTION NO. 2.004-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING THE CITY'S 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 per Resolution No. 6524; and On November 1, 1993,the City Council Manual was amended to add the Code of Ethics, as Chapter 1.02 per Resolution No. 6540; and, On August 4, 2003, the City Council adopted Resolution No. 2003-51 amending the Code of Ethics and the City Council Manual, NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Huntington Beach that the Code of Ethics attached hereto be adopted as the Code of Ethics for the City of Huntington Beach. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the loth day of January 2004. Ma ATTEST: APPROVED AS TO FORM: P / City Clerk 4:5�ity Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Ad nistrator City Ad istrator 03 reso/code-ethics/1/8/04 _- } 2, CITY—OP HUNTINGTON BEACH :CODE OF ETHICS APPROVED 112Qfllt Bac ound Every citizen of the City of Huntingtoa Beach is entitled to: hsve eairiple a coizfrdence 3n the integrity of Local goveiriment All elected officials, offices, employees; and member of tIv y boards;commission,and committee of th..City must help to eanY#hat co fidericeby:the1r zldrvrdziat' and collective conduct. Purpose The purpose of this Code:of Ethics is to set a standard.of conduet:fror all elected off vials;- ficis; employees;and members of adv'tsv;y;boards:commission and coin tit. of CttY f flu tiagtflil Beach. This:pohcp is not intended to supersede or'invaldste anystatitte,ordriice,or etvlervo .' rule or regulation: Applicability This Code of Ethics shall apply to all clued officials; Dffi-err, em ployees; .:and m i?e .bf advisory boards, eopamis io , and.committees of the City 6f:Huutiri'eton 3eacd Let caitc l `offtcials Code Review The City Council, City departments, and all boards, commissions, and co e taWornially review this Code of Ethics with'their r ttemb annually during the-m00h of 3anuary: The yvr City Administrator, and Chairpersons steal' be responsible for ceom�lishih Eliis. ern i dew members of the City Council,boards, commissions, and committees and izew employees aie to bd provided a copy of the Code of Ethics fbr their re-gew when they are elec ed or appointed. All elected- officials, officers, employees, and members of advisory boards;: commission.!, :and. committees of the City of Huntington Beach shall sign an acknowtedgMent-:of receipt of a_copy-af: the Code of Ethics. Said acknowledgments of the elected officials and members of boards; committees and comnImssions shall: be :maintained on file with`. the City Cle& Haiti act-now-ledgrnents of officers and employees shall be maintained of file with the Depart rent of Administrative Services,Human Resources Di%isiott. Policy The follo«ing policies,adopted by the.City Council of the City of Huntington.Beach constitute the official Code of Ethics for all officials of the City. s 1 First: All officials shall uphold the Constitution of the United States, the Constitution of the f State of California, and the Huntington Beach City Charter, and carry out impartially the laws of the nation,state and municipality. X Second. All officials shall comply with all applicable provisions of state 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: (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 x private advantage or gain for oneself or another; s (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: F (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, except for stipends received as representatives on board, commissions or committees at a local, regional, or state level; (c) Employment from private interests, when such employment is compatible 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, martial status or age; harassment shall include verbal,physical, and sexual harassment. Seventh: Except for persons appointed to boards, commissions, and committees, officials shall not lobby for remuneration 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 one year after their date of severance from the City. Ei the All officials shall conduct themselves in a courteous and respectful manner at all times during the performance of their official City duties. a"isc%ode of ethics/i 212710gm/84 2 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. } S l 1 t 1 1 J atgTWsc%ode of ethics/1.2/27/042/410 3 a 1 U �-i Me La CITY OF HUNTINGTON BEACH CODE OF ETHICS ACKNOWLEDGEMENT OF RECEIPT By signing this statement, I confirm that I have received a copy of the Huntington Beach Code of Ethics } as adopted by Resolution No. 6524 of the City Council on October 4, 1993 and amended on August 4, 2003 and January 20, 2004. Name (Please print first/last name) 3 Title Board/Department Date Signature Res. No. 2004-2' 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 an regular meeting thereof held on the 20th day of January, 2004 by the following vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook NOES: None ABSENT: Houchen ABSTAIN: None r�C�J City Clerk and ex-officio Ark of the City Council of the City of Huntington Beach, California