HomeMy WebLinkAboutAdopt Resolution No. 2016-73 amending the City's Code of Eth ANTINGTp 2000 Main Street,
tie Huntington Beach,CA
City of Huntington Beach 9264$
9 `� APPROVED 3-4
9ycF�puNrr nk\,<Q2 (MOSER,BOLTON,KALMICK-
NO) AS AMENDED TO
File #: 24-009 MEETING DATE: 1/16/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor Pro Tern and City Council Members
SUBMITTED BY: Gracey Van Der Mark, Mayor
PREPARED BY: Robin Estanislau, City Clerk
DATE: January 16, 2024
Subject:
Annual Review of the City Code of Ethics
Statement of Issue:
Resolution No. 2016-73 specifies that an annual review of the City Code of Ethics (Code) should
occur each year.
As stated in the Code, its purpose is "to set a standard of conduct for all elected officials, officers,
employees, and members of advisory boards, commissions, committees of the City of Huntington
Beach." The Mayor, City Manager, Chairpersons, and City Department Directors are responsible for
accomplishing this annual review.
With this memorandum, I am formally presenting the City Code of Ethics to the City Council, City
Manager, Chairpersons, and City Department Directors for their review and distribution as specified
by Resolution No. 2016-73. An explanation of the Code and link to Resolution No. 2016-73 can be
found on the City's website under Transparency in Huntington Beach - HB Open.
Financial Impact:
None.
Recommended Action:
Direct the City Clerk to record in the official minutes that the City Code of Ethics was presented to the
City Council, City Manager, Chairpersons, and City Department Directors for their review and
distribution as required by Resolution No. 2016-73.
Alternative Action(s):
Provide additional direction to staff.
City of Huntington Beach Page 1 of 2 Printed on 3/22/2024
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File#: 24-009 MEETING DATE: 1/16/2024
Strategic Plan Goal:
Non-Applicable -Administrative Item
Attachment(s):
1. Resolution No. 2016-73, including Exhibit"A", City of Huntington Beach Code of Ethics.
•
City of Huntington Beach Page 2 of 2 Printed on 3/22/2024
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City Council/ ACTION AGENDA January 16, 2024
Public Financing Authority
CITY ATTORNEY'S REPORT
7. 24-042 Update provided on the status, post-judgment, of the City's lawsuit in
State Court-City of Huntington Beach v. State Department of Finance
involving Redevelopment Reimbursements
8. 24-043 Update provided on the status involving the City's Appeal to the Ninth
Circuit Court of Appeals -City of Huntington Beach v. State of California
involving the City's challenge to the State RHNA mandates
CONSENT CALENDAR(Items 9-18)
City Clerk
9. 24-010 Approved and Adopted Minutes
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting minutes of
December 19, 2023.
Approved 7-0 as amended by Supplemental Communication
10. 23-1056 Received and filed the City Clerk's quarterly listing of professional
services contracts filed in the City Clerk's Office between January 1,
2023 and September 30, 2023
Recommended Action:
A) Receive and file the"List of Professional Services Contracts Approved by Department Heads
and Submitted to the Office of the City Clerk during the period of January 1, 2023 and March 31,
2023;"and,
B) Receive and file the"List of Professional Services Contracts Approved by Department Heads and
Submitted to the Office of the City Clerk during the period of April 1, 2023 and June 30, 2023;"and,
C) Receive and file the"List of Professional Services Contracts Approved by Department Heads
and Submitted to the Office of the City Clerk during the period of July 1, 2023 and September 30,
2023."
Approved 7-0
11. 24-009 Conducted Annual Review of the City Code of Ethics
Recommended Action:
Direct the City Clerk to record in the official minutes that the City Code of Ethics was presented to
the City Council, City Manager, Chairpersons, and City Department Directors for their review and
distribution as required by Resolution No. 2016-73.
Approved 4-3(Moser, Bolton, Kalmick-No) as amended to substitute the term
"equality"for"equity"in Exhibit "A" of Resolution No. 2016-73
Page 4 of 7
RESOLUTION NO. 2016-73
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING THE
CITY'S CODE OF ETHICS
WHEREAS, on October 4, 1993,the City Council adopted Resolution No. 6524,which
established 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; and
On August 4, 2003,the City Council adopted Resolution No. 2003-51 amending the
Code of Ethics; and
On January 20, 2004,the City Council adopted Resolution No. 2004-2 amending the
Code of Ethics, and
On February 16, 2010,the City Council approved a revised version of the Code of Ethics
as recommended by the Intergovernmental Relations Committee,
NOW THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. That the City of Huntington Beach revised Code of Ethics, a copy of which is
attached hereto as Exhibit"A" and incorporated by this reference as though fully set forth herein,
is hereby adopted and approved.
2. 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 Manager and Chairpersons shall be responsible for accomplishing this
review. New members of the City Council,boards,commission, and committees and new
16-5499/146272/PD 1
RESOLUTION NO: 2016-73
employees are to be provided a copy of the Code of Ethics for their review when they are elected
or appointed.
3. All elected officials, officers, employees and members of advisory boards,
commissions,and committees of the City of Huntington Beach shall sign Acknowledgment of
Receipt forms (Exhibit A). Said acknowledgments of the elected officials and members of
boards,commissions, and committees shall be maintained on file with the City Clerk. Said
acknowledgments of officers and employees shall be maintained by the Human Resources
Department.
PASSED, APPROVED and ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 21st day of November , 2016
4°11S*14441
Mayor
REVIE I E D APPROVED: INITIATED AND APPROVED:
City ag City Clerk
APPROVED O FORM:
Ci Attorney
I6-5499/146272/PD 2
•21A City Huntington Huntin ton Beach
INTER-DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
TO: Honorable Mayor and City Council
FROM: Robin Estanislau, City Clerk 1`
DATE: January 17, 2024 '
SUBJECT: COUNCIL MINUTE ACTION TO REVISE EXHIBIT "A" OF RESOLUTION
NO. 2016-73—CITY CODE OF ETHICS
At the City Council meeting of January 16, 2024, the following minute action was taken to
revise Exhibit"A" of Resolution No. 2026-73: 2016-73
A motion was made by McKeon, second Van Der Mark, to direct the City Clerk to record
in the official minutes that the City Code of Ethics was presented to the City Council, City
Manager, Chairpersons, and City Department Directors for their review and distribution as
required by Resolution No. 2016-73, as amended to substitute the term "equality"for
"equity"in Exhibit"A,"City of Huntington_Beach Code of Ethics.
By copy of this memo, Resolution No. 2016-73, including a revised City Code of Ethics
(Exhibit"A") is being shared for distribution purposes as directed.
Att: Resolution No. 2016-73 with revised Exhibit"A"—City of Huntington Beach Code
of Ethics
c: File
Executive Team
Administrative Assistants
Board/Commission/Committee Staff Liaisons
� �� ;,� Exhibit "A"
PPIIPN
City of Huntington Beach
Code of Ethics
Preamble
The citizens of the City of Huntington Beach are entitled to responsible, fair and honest city
government that operates in an atmosphere of respect and civility. Accordingly, the Huntington
Beach City Council adopts this code to:
1. Describe the standards of behavior to which its leaders and staff aspire.
2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their
day-to-day service to the city.
3. Promote and maintain a culture of ethics.
Pledge
On November 21, 2016, the City Council of the City of Huntington Beach adopted a Code of
Ethics, which applies to all City elected or appointed officials, city employees, and members of
its boards, commissions, committees, and task forces and requires the following pledge:
Code of Ethics
Responsibility
• I understand that the community expects me to serve with dignity and respect, as well
as be an agent of the democratic process.
• I avoid actions that might cause the public to question my independent judgment.
• I do not use my office or the resources of the city for personal or political gain.
• I am a prudent steward of public resources and actively consider the impact of my
decisions on the financial and social stability of the city and its citizens.
Fairness
• I promote consistency, equality and non-discrimination in public agency decision-
making.
• I make decisions based on the merits of an issue, including research and facts.
• I encourage diverse public engagement in our decision-making processes and support
the public's right to know.
Respect
• I treat my fellow city officials, staff, commission members and the public with patience,
courtesy, civility, and respect, even when we disagree on what is best for the
community and its citizens.
Honesty
• I am honest with all elected officials, staff, commission members, boards, the public and
others.
• I am prepared to make decisions when necessary for the public's best interest, whether
those decisions are popular or not.
• I take responsibility for my actions, even when it is uncomfortable to do so.
Exhibit "A"
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ACKNOWLEDGEMENT PROCESS FOR THE 1
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
• All current elected and appointed city officials including current members
of all city boards, commissions, committees, and task forces, and all
current city employees will be given a copy of the newly adopted City Code
of Ethics following its adoption on November 21, 2016 and asked to sign an
acknowledgement form at that time.
THEREAFTER:
• All elected officials of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form at the time of their
swearing in.
• All new employees of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form as part of their new
employee orientation.
• Each new member of a city board, commission, committee, or task force
will be given a copy of the City Code of Ethics and asked to sign an
acknowledgement form at their first meeting.
• Acknowledgment of Receipt forms for elected officials and members of
boards, committees and commissions shall be maintained on file with the
City Clerk. Said acknowledgments for officers and employees shall be
maintained on file with the Department of Human Resources.
El_____ i.
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Exhibit "A"
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CITY OF HUNTINGTON BEACH
CODE OF ETHICS
ACKNOWLEDGMENT OF RECEIPT FORM
Name:
(Please type or print first and last name)
Title:
Board/
Department:
Signature:
Date:
EL fl
Res. No. 2016-73
•
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly appointed, 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 November 21, 2016 by the
following vote:
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
RECUSE: None
94n/20.1444)
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
Dept. ID CK 16-009 Page 1 of 2
Meeting Date: 11/21/2016
CITY OF HUNTINGTON BEACH
L i REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 11/21/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robin Estanislau, CIVIC, City Clerk
PREPARED BY: Robin Estanislau, CIVIC, City Clerk
SUBJECT: Adopt Resolution No. 2016-73 amending the City's Code of Ethics by clarifying
the process for filing Acknowledgement of Receipt forms
Statement of Issue:
City Council policy requires an annual review of the City of Huntington Beach Code of Ethics
(COE). The proposed modification in the acknowledgement process includes instruction on where
to file the Acknowledgement of Receipt form.
Financial Impact:
Not Applicable
Recommended Action:
Adopt Resolution No. 2016-73, "A Resolution of the City Council of the City of Huntington Beach
Amending the City's Code of Ethics."
Alternative Action(s):
Do not adopt Resolution No. 2016-73 and provide alternative direction.
Analysis:
On October 4, 1993, the City Council adopted Resolution No. 6524, which established a Code of
Ethics (COE) 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. A
process was also established that directed the City Council, City departments, all boards,
commissions, and committees to formally review the COE with their members each year during the
month of January.
Part of this process involves new members acknowledging receipt of the COE by signing a form
that is filed with either the City Clerk or the Department of Human Resources.
Resolution No. 2016-73 amends the COE identified as Exhibit "A" by reflecting a change to the
Acknowledgement of Receipt form to include the following statement:
• Acknowledgment of Receipt forms for elected officials and members of boards, committees
and commissions shall be maintained on file with the City Clerk. Said acknowledgments for
officers and employees shall be maintained on file with the Department of Human
Resources.
Item 6. - 1 H B -42-
Dept. ID CK 16-009 Page 2 of 2
Meeting Date: 11/21/2016
Environmental Status:
Not Applicable
Strategic Plan Goal:
Non-Applicable —Administrative Item
Attachment(s):
1. Resolution No. 2016-73, "A Resolution of the City Council of the City of Huntington Beach
Amending the City's Code of Ethics"
I
NB -43- Item 6. - 2
RESOLUTION NO. 2016-73
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING THE
CITY'S CODE OF ETHICS
WHEREAS, on October 4, 1993, the City Council adopted Resolution No. 6524, which
established 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; and
On August 4, 2003, the City Council adopted Resolution No. 2003-51 amending the
Code of Ethics; and
On January 20, 2004, the City Council adopted Resolution No. 2004-2 amending the
Code of Ethics, and
On February 16, 2010, the City Council approved a revised version of the Code of Ethics
as recommended by the Intergovernmental Relations Committee,
NOW THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
l. That the City of Huntington Beach revised Code of Ethics, a copy of which is
attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein,
is hereby adopted and approved.
2. 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 Manager and Chairpersons shall be responsible for accomplishing this
review. New members of the City Council, boards, commission, and committees and new
1 6-5 499/1 462 7 2/PD I
RESOLUTION NO: 2016-73
employees are to be provided a copy of the Code of Ethics for their review when they are elected
or appointed.
3. All elected officials, officers, employees and members of advisory boards,
commissions, and committees of the City of Huntington Beach shall sign Acknowledgment of
Receipt forms (Exhibit A). Said acknowledgments of the elected officials and members of
boards, commissions, and committees shall be maintained on file with the City Clerk. Said
acknowledgments of officers and employees shall be maintained by the Human Resources
Department.
PASSED, APPROVED and ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 21st day of Noverrber , 2016
rqO(W)41041
Mayor
REVIV D APPROVED: INITIATED AND APPROVED:
City 'anag dr City Clerk
APPROVED O FORM:
Ci Attorney J
1 6-5 499/1 4 6272/PD 2
Exhibit "A"
City of Huntington Beach
Code of Ethics
Preamble
The citizens of the City of Huntington Beach are entitled to responsible, fair and honest city
government that operates in an atmosphere of respect and civility. Accordingly, the Huntington
Beach City Council adopts this code to:
1. Describe the standards of behavior to which its leaders and staff aspire.
2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their
day-to-day service to the city.
3. Promote and maintain a culture of ethics.
Pledge
On November 21, 2016, the City Council of the City of Huntington Beach adopted a Code of
Ethics, which applies to all City elected or appointed officials, city employees, and members of
its boards, commissions, committees, and task forces and requires the following pledge:
Code of Ethics
Responsibility
• 1 understand that the community expects me to serve with dignity and respect, as well
as be an agent of the democratic process.
• I avoid actions that might cause the public to question my independent judgment.
• I do not use my office or the resources of the city for personal or political gain.
• 1 am a prudent steward of public resources and actively consider the impact of my
decisions on the financial and social stability of the city and its citizens.
Fairness
• 1 promote consistency, equity and non-discrimination in public agency decision-making.
• 1 make decisions based on the merits of an issue, including research and facts.
• 1 encourage diverse public engagement in our decision-making processes and support
the public's right to know.
Respect
• 1 treat my fellow city officials, staff, commission members and the public with patience,
courtesy, civility, and respect, even when we disagree on what is best for the
community and its citizens.
Honesty
• 1 am honest with all elected officials, staff, commission members, boards, the public and
others.
• 1 am prepared to make decisions when necessary for the public's best interest, whether
those decisions are popular or not.
0 1 take responsibility for my actions, even when it is uncomfortable to do so.
Exhibit "A"
M
�4FFB�f 1,I909,P�'• �
ACKNOWLEDGEMENT PROCESS FOR THE
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
• All current elected and appointed city officials including current members
of all city boards, commissions, committees, and task forces, and all
current city employees will be given a copy of the newly adopted City Code
of Ethics following its adoption on November 21, 2016 and asked to sign an
acknowledgement form at that time.
THEREAFTER:
• All elected officials of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form at the time of their
swearing in.
• All new employees of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form as part of their new
employee orientation.
• Each new member of a city board, commission, committee, or task force
will be given a copy of the City Code of Ethics and asked to sign an
acknowledgement form at their first meeting.
• Acknowledgment of Receipt forms for elected officials and members of
boards, committees and commissions shall be maintained on file with the
City Clerk. Said acknowledgments for officers and employees shall be
maintained on file with the Department of Human Resources.
Exhibit "A"
FB.17,I909.P ♦
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
ACKNOWLEDGMENT OF RECEIPT FORM
Name:
(Please type or print first and last name)
Title:
Board/
Department:
Signature:
Date:
Res. No. 2016-73
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly appointed, 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 November 21, 2016 by the
following vote.-
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
RECUSE: None
7�
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California