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02-13-2025 Searchable PacketCITY OF CUPERTINO ALL COMMISSIONS AGENDA 10350 Torre Avenue, Council Chamber Thursday, February 13, 2025 6:00 PM Non-televised Special Joint All Commissions Meeting NOTICE AND CALL FOR A SPECIAL JOINT MEETING OF THE CUPERTINO AUDIT COMMITTEE, BICYCLE PEDESTRIAN COMMISSION, ARTS AND CULTURE COMMISSION, HOUSING COMMISSION, LIBRARY COMMISSION, PARKS AND RECREATION COMMISSION, PLANNING COMMISSION, PUBLIC SAFETY COMMISSION, SUSTAINABILITY COMMISSION, AND TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Audit Committee, Bicycle Pedestrian Commission, Arts and Culture Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, and Technology, Information, and Communications Commission is hereby called for Thursday, February 13, 2025, commencing at 6:00 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." SPECIAL MEETING ROLL CALL NEW BUSINESS 1.Subject: Commissioner training on City policies and procedures, Brown Act, and conflicts of interest Recommended Action: Receive Commissioner training on City policies and procedures, Brown Act, and conflicts of interest A - Commissioner Handbook (March 2024) B - Cupertino Ethics Policy (November 2023) ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should Page 1 1 1 of 31 All Commissions Agenda February 13, 2025 call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at 10300 Torre Avenue, Cupertino, California 95014, during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 2 2 2 of 31 CITY OF CUPERTINO Agenda Item 25-13723 Agenda Date: 2/13/2025 Agenda #: 1. Subject:Commissioner training on City policies and procedures, Brown Act, and conflicts of interest Receive Commissioner training on City policies and procedures, Brown Act, and conflicts of interest CITY OF CUPERTINO Printed on 2/11/2025Page 1 of 1 powered by Legistar™3 3 of 31 COMMISSIONERS’ HANDBOOK 2024 4 4 of 31 1 Table of Contents STRUCTURE OF GOVERNMENT 3 Form of Government City Council City Manager and Staff Commissions Committees COMMISSION MEMBERSHIP 6 Quorum, Attendance, Training, and Reporting Vacancies Resignations and Removals Ethics MEETINGS 7 Regular Meetings Adjourned Meetings Special Meetings Subcommittees Agendas Preparation for Meetings Minutes Procedure Decorum at Meetings Basis for your Decision Recommendations to City Council CITY WORK PROGRAM 10 COMMUNICATIONS 11 RESOURCES 11 5 5 of 31 2 THE STRUCTURE OF GOVERNMENT FORM OF GOVERNMENT The City of Cupertino operates as a general law city with a City Council-City Manager form of government where the City Council sets policy. The City Manager manages the implementation and administration of those policies. CITY COUNCIL The City Council is the governing legislative body of the City, consisting of five members elected in even numbered years to staggered four-year terms. These councilmembers then elect the mayor and vice mayor to one-year terms. The City Council sets goals and priorities and establishes policies. The Mayor is the presiding officer of the Council and the official spokesperson and representative of the City. CITY MANAGER AND STAFF City Manager The City Manager has complete responsibility and authority for the administration of the City’s government. The City Manager is appointed by and serves at the pleasure of the Council and is the appointing authority for the City, selecting the department heads and other employees. The City Manager coordinates and directs the services of the City staff. Commissioners should not attempt to direct or prioritize work for departments or individual staff. City Clerk The City Clerk administers the recruitment, appointment, and onboarding of the appointed commissioners. The City Clerk administers the necessary steps for commissioners to begin their service, including administering the Oath of Office to commissioners and providing an orientation to the commissioners regarding the role of the commission to which they have been appointed. The City Clerk oversees commission membership, including annual attendance, ensuring commissioners submit a signed Code of Ethics and complete the AB 1234 Local Ethics and Harassment Prevention trainings, as required by State law. The City Clerk is the filing officer for Statements of Economic Interests (Form 700s), and any other required filing as identified by the City Council and the State. 6 6 of 31 3 City Attorney The City Attorney’s Office provides legal advice to City commissions and staff supporting the commissions. The City Attorney may provide advice regarding matters pending before a commission, compliance with the Brown Act, and other legal issues. In addition, commissioners may seek informal advice from the City Attorney’s Office regarding conflicts of interest; provided, however, that it is understood that a commissioner is automatically protected from potential liability for conflict of interest only upon taking action that conforms to a written opinion issued by the California Fair Political Practices Commission. Staff When assigned by the City Manager, staff assist and act in a technical advisory capacity to the commissions. It is not expected that every staff recommendation will be followed; however, because of the staff’s technical knowledge, full consideration should be given to their recommendation. Staff are at liberty to make their recommendation to the City Council through the City Manager, even though the commission may have taken a different position. However, in these cases, the commission recommendation will be made clear to the City Council. Staff Liaison A staff liaison is assigned to each commission. Their main duties include facilitating meetings, preparing agendas, advising commissioners, and preparing meeting minutes. Commissioners should reach out to their liaison if they have any questions regarding matters of the commission or if they would like to contact other staff regarding official business. COMMISSIONS Commissions are subsidiary legislative bodies, subject to the Brown Act, comprised solely of members appointed by the City Council. The primary purpose of the City’s commissions is to serve as advisory bodies to Council by weighing public input and rendering recommendations to the City Council. There are times when the advisory body’s recommendation will not be sustained or will be modified by the City Council. It is important to recognize this not as a rejection of the integrity of the recommendation, but as an inevitable part of the process of community decision- making. The Council has appointed commissioners as advisors to them. This underlying philosophy makes it improper for an individual commissioner, acting in their official capacity, to try to persuade the Council into the acceptance of a recommendation other than that voted by the majority of the commission. The role 7 7 of 31 4 of a commission is to assist the City Council in the formation of policy, having been created for the purpose of advising. The scope of work, purpose, and other primary functions for each commission can be found in the City Municipal Code Title 2. Chair and Vice Chair Each year, every commission will elect from its membership a Chairperson (Chair) and a vice Chairperson (Vice Chair) who serve at the pleasure of the commission for a one-year term. The Vice Chair acts in this capacity when the Chair is not available. The Chair should: • Maintain order of the meeting, ensure respect for all opinions, protect commissioners, staff, and the public from personal attacks. • Keep discussion focused on the issue at hand. • Solicit opinions from commissioners. Encourage evaluation of new, tentative, or incomplete ideas. Discourage overly dominant commissioners from having disproportionate control over the discussion. • Attempt to reach decisions expeditiously on action items. At those times when action would be premature, guide discussion toward a timeline or framework for responsible action. • Set meeting rules early and make sure everyone abides by them without exception. • Set an acceptable time limit for public testimony (generally three minutes per individual and 10 minutes per group) and stick to it. At the Chair’s discretion, the public can interact with the members of the commission beyond the public-comment time limit in order to facilitate better communication of the agendized topic. However, the Chair should take care that all members of the public are given the same opportunities to participate in commission meetings. • Provide periodic updates, approved by the full body, to Council regarding the status of their activities at least every six months. COMMITTEES Committees, for purposes of this Handbook, are subsidiary legislative bodies that are comprised in part of members appointed by the City Council (either directly or ex officio). Committees may also include Councilmembers or City staff among their membership. Where applicable, the requirements of this Handbook shall apply to 8 8 of 31 5 Council-appointed committee members and to committee meetings and procedures. COMMISSION MEMBERSHIP QUORUM, ATTENDANCE, TRAINING, AND REPORTING A quorum consists of a majority of the members of the commission. A quorum is required to conduct business at any meeting whether it is a regular, adjourned, or special meeting. While it is expected that members be present at all meetings, the Chair should be notified if a member knows in advance that he/she will be absent. Each member should complete all training required by state or federal law or by a City rule or policy. A member shall be considered removed from an advisory body under the following conditions: • A member misses more than three consecutive meetings • A member misses more than 25% of the advisory body’s regular meetings in a calendar year • A member fails to comply with legally required training or conflict of interest reporting requirements after receiving notice and a reasonable opportunity to correct the noncompliance VACANCIES Vacancies are filled by appointment by the Council. Appointments made in the middle of a term are for the unexpired portion of that term. RESIGNATIONS AND REMOVALS If a member is unable to continue serving because of health, business requirements or personal reasons, a letter of resignation should be submitted to the City Council. The position of any member is automatically vacated when the member ceases to meet the qualifications for office, when Council accepts the member’s resignation, when the member fails to comply with requirements of Section A, above, or when the Council so declares. 9 9 of 31 6 ETHICS The citizens and businesses of Cupertino and the general public are entitled to have fair, ethical, and accountable local government. To this end, the City Council has adopted a Code of Ethics and Conduct for Elected and Appointed Officials (Resolution No. 23-122). Commissioners should be familiar with and must comply with the Ethics Code in conducting City business. MEETINGS REGULAR MEETINGS Commissions are required to hold regular meetings open to the public as provided by the enabling ordinance. The agenda for this meeting must be posted at least 72 hours prior to the meeting. A meeting may be cancelled by the staff liaison in consultation with the Chair if there is no Commission business to be conducted. ADJOURNED MEETINGS If the business to be considered at a regular meeting cannot be completed, the commission then may designate a time and date for an adjourned meeting. SPECIAL MEETINGS A special meeting may be called by the Chair or a majority of the members with coordination with the staff liaison. SUBCOMMITTEES The Chair may appoint special subcommittees of less than a quorum of the commission who then may meet at their convenience to carry out the purpose of the subcommittee. If the subcommittee has a continuing subject matter or a regularly scheduled meeting time, it may qualify as a Brown Act committee and public notice provisions will apply. AGENDAS Each commission has a staff liaison responsible for preparing agendas in consultation with the Chair. If a commissioner or staff member intends to bring up 10 10 of 31 7 an item for discussion or action, the item must be included on the agenda in accordance with the Brown Act. For each meeting, a date should be scheduled for the Chair and staff liaison to set the agenda. Commissioners can propose agenda items within the purpose of the commission to the staff liaison prior to the agenda setting date. No agenda item requiring preparation of a staff report may be scheduled without approval of the City Manager or their designee. Future Agenda Setting The staff liaison will maintain a list of future agenda items that the commission plans to discuss. The Chair, the staff liaison, or any two commissioners can add an agenda item within their purpose to the future agenda item list and it will be scheduled at the discretion of the Chair and staff liaison. To provide commissioners an opportunity to discuss whether to add an item to the future agenda item list, each regularly scheduled agenda will include a “Future Agenda Setting” item. Once an item is added to the future agenda item list, it cannot be removed until it is discussed for removal at a regularly scheduled meeting during the item for “Future Agenda Setting.” In addition, the item will not be removed if the Chair or at least two commissioners wish for the item to remain on the future agenda item list. Staff Updates and Commissioner Activity Report Each regularly scheduled agenda will also include a “Staff Updates and Commissioner Activity Report” item for staff to report on updates and the members to provide a concise report on any activities they have taken part in related to the commission since the prior regularly scheduled meeting. PREPARATION FOR MEETINGS • Thoroughly review the agenda packet, including agenda reports, and any other materials before the meeting. Check if you may have a conflict of interest with any of the items due to property or monetary interests. If it is unclear, the commissioner can explain the situation to the staff liaison who can seek legal counsel from the City Attorney. For more information on conflicts of interest, please review the Fair Political Practices Commission (FPPC) Conflicts of Interest Rules. • Understand what action you are being called upon to take for each particular agenda item. • Contact the Chair or your staff liaison before the meeting to clarify questions about the agenda or request further information. • Understand the responsibilities of your commission. As a member of an 11 11 of 31 8 advisory body, you will be asked to provide recommendations to the City Council about specific issues. Keep in mind that your appointment does not empower you to supervise or direct City staff. MINUTES The approved minutes are placed on file by the City Clerk for public access. Commissions should strive to keep summary minutes as opposed to action minutes, unless automatic transcription of the meeting is available. If automatic transcription is made available to supplement official minutes, action minutes may be sufficient. PROCEDURE Commissions follow the guidelines on parliamentary procedure contained in Rosenberg’s Rules of Order (Rules). These Rules outline how motions are made and the basic format for an agenda item discussion. DECORUM AT MEETINGS • Discourage outward signs of agreement or disagreement from the audience such as cheering or clapping. Such demonstrations can intimidate those wishing to express alternate views and delay the meeting. Also see Conduct of Members in the Cupertino Ethics Code. • Limit your own comments to the issues before the commission. Avoid the appearance of straying from the subject or "grandstanding". BASIS FOR YOUR DECISION Commission decisions should be based principally on the information presented to you in the open public meeting process. If you collect pertinent information outside of the public process through a meeting with stake holders or site visits, you should share that information with your fellow commissioners in the public meeting. This sharing of information will ensure that other commissioners and members of the public have a better understanding of the rationale for your decision. Commissioners are free to meet or refuse to meet with residents, resident groups, developers or prospective contractors, or any persons outside of the public meeting process concerning issues before the commission. Commissioners shall disclose any 12 12 of 31 9 ex parte contact with parties to or participants in a quasi-judicial matter. (A quasi- judicial matter is typically a hearing in which a commission hears evidence and makes findings of fact to reach a conclusion based on the applicable law.) Commissioners are encouraged to disclose meetings with other individuals that provide information upon which to base the commissioners’ decisions. All quasi-judicial procedures and process must follow due process and allow an affected party a right to be heard, and to present controverting fact or testimony on the question of right in the matter involved. Unfair determinations, such as bias, predetermination or refusal to hear an issue, may invalidate actions. Keep an open mind. An objective, balanced, and receptive approach will help you assess the facets of a given issue and evaluate new ideas. When receiving written and oral public testimony it will be necessary to discern between fact and opinion, as well as between those concerns which are relevant and those which are secondary to the issue at hand. Keeping an open mind will make it easier for you to understand all sides of an issue before you make a judgment or take a position. RECOMMENDATIONS AND REPORTS TO CITY COUNCIL The Chair shall select a member to represent the commission at any City Council meeting where a commission recommendation is agendized for discussion. The commission representative should strive to represent the position of the commission as a whole at the meeting, as necessary, regardless of the personal views of the member. Each commission shall present an annual report on its activities to the City Council. CITY WORK PROGRAM The City Council approves an annual City Work Program to guide the work of the City. Prior to the first draft of the City Work Program each year, staff may reach out to the commissions to review current City Work Program items and ask for recommendations for additional items within the scope of the commission’s jurisdiction, if any. These recommendations will be provided to the City Council for consideration, but ultimately the City Council will determine the final items on the City Work Program. Since the City Council sets the City Work Program to guide the priority efforts in the City, commission agendas should be aligned accordingly. COMMUNICATIONS 13 13 of 31 10 STAYING INFORMED Commissioners should sign up for City email notifications to stay informed of various community events and public meetings. The City uses social media outlets, surveys, email notifications, the Scene, and the City website for outreach to the community. For appropriate conduct on social media, see the City’s Social Media Policy. USE OF CITY EMAIL All newly appointed City commissioners will be assigned a mandatory City email address after reviewing and signing the Technology Use Policy. As noted under the Brown Act, care should be taken with regard to emails. Never select “Reply All” to an email to all commissioners or forward an email sent to you by one commissioner to another commissioner since that would constitute a quorum. All questions and concerns should be directed to the Chair and staff liaison. All City emails are subject to the Public Records Act and you should use your City email only to conduct City business as a commissioner. Please do not forward or reply to a City email from your personal email address. Once your term on the commission is over, your City email will be terminated. RESOURCES Commissioners should familiarize themselves with the following resources: City policies relating to ethics, social media, commissions, diversity, and technology, as well as the City organizational chart, a Rosenberg’s Rules of Order cheat sheet, and other resources can be found online in the Commission Resources folder. 14 14 of 31 RESOLUTION NO. 23-122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING THE CITY OF CUPERTINO CODE OF ETHICS AND CONDUCT FOR ELECTED AND APPOINTED OFFICIALS WHEREAS, the City Council of the City of Cupertino has determined that a Code of Ethics and Conduct benefits the public by increasing public confidence in the integrity of local government and its effective and fair operations; and WHEREAS, the Cupertino Code of Ethics and Conduct will guide the conduct of City Officials and support their independent, impartial, and fair decision-making and execution of policy; and WHEREAS, City Council wishes to maintain an atmosphere of respect and civility in the performance of City affairs and public business. NOW, THEREFORE, BE IT RESOLVED that: 1.The City Council of the City of Cupertino hereby adopts the attached "City of Cupertino Code of Ethics and Conduct for Elected and Appointed Officials;" and 2.Resolution No. 20-011 is hereby repealed and rescinded. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of November, 2023, by the following vote: Members of the City Council AYES: Wei, Mohan, Fruen NOES: Chao, Moore ABSENT: None ABSTAIN: None 15 15 of 31 SIGNED: ________ Hung Wei, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 11/14/23 11/14/23 16 16 of 31 City of Cupertino CODE OF ETHICS AND CONDUCT FOR FOR ELECTED AND APPOINTED OFFICIALS November 7, 2023 17 17 of 31 1 PURPOSE The Cupertino City Council adopts this Code of Ethics and Conduct as guidelines for elected and appointed officials to exercise their office and conduct themselves in a manner that instills public confidence and trust in the fair operation and integrity of Cupertino’s city government.1 In accordance with state law and Title 2 of the Cupertino Municipal Code, Cupertino’s elected and appointed officials include the members of the City Council, the Mayor, and appointed officers of City boards. committees, and commissions (collectively, “Members”), and the City Manager, the City Attorney, the City Clerk, and the City Treasurer. For purposes of this Ethics Code, City Officials shall also include Department Heads of any department identified in Chapter 2.48 of the Municipal Code. ETHICS The citizens and businesses of Cupertino and the general public are entitled to have fair, ethical, and accountable local government. To this end, the public should have full confidence that their elected and appointed officials: ▪Comply with both the letter and spirit of the law and policies affecting the operations of government and their respective roles and responsibilities; and ▪Are independent, impartial, and fair in their judgment and actions; and ▪Use their public office for the public good and not for personal gain; and ▪Conduct their deliberations and make their decisions in an atmosphere of respect and civility, and during public meetings in accordance with Open Meeting laws, except for confidential proceedings allowed by law. Therefore, members of the City Council, City Boards and Commissions, the City Clerk, the City Treasurer, the City Manager and the City Attorney, and Department Heads (hereinafter, “City Officials”) shall conduct themselves in accordance with the following ethical standards: 1 These guidelines are intended to memorialize the values of the City of Cupertino relative to the conduct of its elected and appointed officials and do not supersede other rules and laws that govern City officials. 18 18 of 31 2 1.Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, City Officials should work for the common good of the people of Cupertino and not for any private or personal interest, and should assure fair and equal treatment of all persons, claims, and transactions coming before them. 2.Comply with both the spirit and the letter of the law and City Policy. City Officials shall comply with applicable federal, state, and local laws in the performance of their public duties. These include the United States and California constitutions; the Cupertino Municipal Code; laws concerning financial disclosures, sources of income, and gifts; conflicts of interest laws; elections; campaign contributions, incompatible offices, and employer responsibilities; and open government rules. 3.Conduct of City Officials. The professional and personal conduct of City Officials while exercising their office should be above reproach and avoid situations that create the appearance of impropriety. Officials shall refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other City Officials, City staff, or the public. 4.Respect for Process. City Officials shall perform their duties in accordance with the processes and rules of order established by the City Council, including but not limited to the City Council Procedures Manual and the Commissioner’s Handbook. 5.Conduct at Public Meetings. City Officials should come prepared to address items and issues at public meetings; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. 6.Decisions Based on Merit. City Officials shall base their decisions on the merits and substance of the matter at hand and the best interests of the City of Cupertino. When making adjudicative decisions that require determination of the facts of a particular case and application of the law and rules, decision- makers should maintain an open mind until the conclusion of the hearing on the matter and shall base their decisions on the facts presented at the hearing and the law. 19 19 of 31 3 7.Quasi-Adjudicative Matters. For adjudicative matters pending before the body, City Officials shall rely on the agenda materials and information received or presented at the public meeting to support their decision. To the extent substantive or material information regarding an adjudicative matter is received outside of a public meeting, decision- makers shall publicly disclose the circumstances and the outside source of information. Consultation with the City Attorney is strongly advised to ensure the integrity and legality of decisions made on adjudicative matters. 8.Conflicts of Interest. City Officials should exercise caution and use their best efforts to avoid the appearance of impropriety in their actions and decisions. City Officials shall not participate in any governmental decision regarding a matter in which they have (a) a material financial interest, or (b) any other interest that materially interferes with the City Official’s ability to make an impartial decision in the best interest of the City. In addition, no City Official shall participate in making any quasi-adjudicatory decision if the City Official has made statements outside of the quasi-adjudicatory hearing that demonstrate an unacceptable probability of bias against a participant in the hearing. Nothing in this Code shall be interpreted to limit a City Officials’ ability to express their views regarding a matter of public interest, except as necessary to protect due process rights or otherwise ensure fair adjudicative decision-making. City Officials shall comply with all applicable California Fair Political Practices Commission (FPPC) regulations requiring the reporting and disclosure of economic interests. Potential conflicts of interest should be discussed with the City Attorney at the earliest opportunity prior to a public meeting or hearing in order to ensure time to research and analyze the facts. City Officials are referred to the Cupertino Municipal Code, Section 2.18.030, which provides, among other things, that the City Attorney may render informal advice to individual Councilmembers regarding potential conflicts of interest, as appropriate. However, Councilmembers are protected from potential liability for a conflict of interest only upon taking action that complies with a written opinion issued by the FPPC. If informed to seek formal advice from the FPPC , a Member shall not participate in a decision until the FPPC has issued a written opinion that concludes there is no conflict. The Member shall provide the City Attorney a copy of the written request to the FPPC and the opinion, and will conform 20 20 of 31 4 their participation to the advice given. If a conflict of interest exists regarding a particular matter or decision, a City Official shall not participate in the decision or discuss the matter with other decision-makers, unless otherwise permitted by law. In addition, even if an affiliation or relationship with an organization, entity, or individual does not create a conflict of interest with respect to the decision of a legislative body, a Member’s affiliation or relationship with any organization, entity, or individual that would be materially affected by a decision regarding a matter before the legislative body should be disclosed before the Member participates in deliberations regarding the matter. A violation of this Code shall not invalidate a decision of the legislative body, except as otherwise provided by state or federal law. 9.Gifts and Favors. City Officials shall not take advantage of services or opportunities for personal gain, by virtue of their public office, which are not available to the general public. City Officials shall refrain from accepting gifts, favors, or promises of future benefits that might compromise their independence of judgment or action or give the appearance of impropriety. 10.Confidential/Privileged Information. Public Officials have a duty to maintain the confidentiality of privileged documents and communications and the legal advice provided to or by them, in accordance with the law. This includes information gathered during a closed session and advice rendered by the City Attorney. City Officials shall not disclose confidential or privileged information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests. 11.Use of Public Resources. City Officials shall not use public resources that are not available to the public in general (e.g., City staff time, equipment, supplies, or facilities) for private gain or for personal purposes not authorized by law. 12.Representation of Private Interests. In keeping with their role as independent representatives of the City and stewards of the public interest, City Officials shall not appear on behalf of the private interests of third parties before the Council or any Commission or proceeding of the City, nor should members of Commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of 21 21 of 31 5 service of their bodies. This section shall not limit a City Official’s ability to represent themself in any City proceeding to the extent permitted by law, nor shall this section limit a City Official’s rights of speech or petition under the United States or California Constitutions. 13.Advocacy. Members should represent the official policies and positions of the City Council or Commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Members should explicitly state they are speaking in their personal capacity and not in their official capacity as members of their respective bodies. When speaking in their personal capacities, Members should state their views do not represent their bodies’ official positions. Members have the right to endorse candidates for Council seats and other elected offices; however, Members should not mention or display endorsements during Council meetings, Commission meetings, or other official City meetings and shall not use public resources for electioneering purposes. 14.Policy Role of Members. Members shall respect and adhere to the Council- Manager structure of Cupertino City government as outlined in the Cupertino Municipal Code. In this structure, the City Council determines the budget priorities and policies of the City with input provided by City staff and Commissions and the general public. Members shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions. Neither Commissioners nor other advisory body Members, nor advisory bodies as a whole, shall direct the activities City staff or interfere with the implementation of Council-adopted policies. 15.Independence of Commissions. Because of the value of the independent advice of Commissions to the public decision-making process, members of the City Council shall refrain from using their position to unduly influence the deliberations or outcomes of Commission proceedings and shall comply with Section 4.6 of the Cupertino City Council Procedures Manual. 16.Positive Workplace Environment. City Officials should support a positive and constructive workplace environment for City employees and for citizens and businesses dealing with the City. Members should recognize their special role with City employees and in no way create the perception of inappropriate direction to staff. 22 22 of 31 6 CONDUCT GUIDELINES The Conduct Guidelines are designed to describe the manner in which City Officials should treat one another, City staff, constituents, and others they come into contact with while representing the City of Cupertino. 17.City Officials’ Conduct with Each Other in Public Meetings and Private Encounters City Officials are individuals with different backgrounds, personalities, values, opinions, and goals who have chosen to serve in public office to protect the City’s interests and the wellbeing of the community they serve. In all cases, this common goal should guide City Officials’ conduct with each other and with the public, particularly when individuals may not agree on every issue. (a)Respect and facilitate the role of the Chair in maintaining order. It is the responsibility of the Chair of a Council or Commission meeting to keep the discussion germane to the matter before the legislative body, to rule out irrelevant discussion, and to ensure civil discussion among Councilmembers. City Officials should recognize and assist the Chair to focus discussion on noticed agenda items. If there is disagreement about the agenda or the Chair’s actions, those objections should be voiced politely and with reason, and where appropriate, acted upon by the legislative body following procedures outlined in Rosenberg’s Rules of Order and the Cupertino City Council Procedures Manual. (b)Practice civility and decorum in discussions and debate. Difficult questions, challenges, and disagreements with a particular point of view, and criticism of ideas and information are legitimate elements of debate and public discourse of a free democracy in action. Robust discussion and free debate, however, do not justify making belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. (c)Work through the Chair to address offensive personal comments. If a Member is personally offended by the remarks of another Member, the offended Member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other member 23 23 of 31 7 to justify or apologize for the language used. The Chair shall maintain control of this discussion. (d)Demonstrate effective problem-solving approaches. City Officials have a public stage and have the responsibility to show how individuals with different points of view can find common ground and seek a compromise that benefits the community as a whole. (e)Continue respectful behavior in private. The same level of respect and consideration of differing points of view that is appropriate for public discussions should be maintained in private conversations. 18.City Officials’ Conduct with the Public in Public Meetings Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of individual City Officials toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. (a)Be welcoming to speakers and treat them with respect. Members’ primary responsibility during public testimony is to listen. Welcome all public speakers and encourage their active participation in public meetings by listening to their comments. Avoid engaging public speakers in debate, and call on the Chair whenever a point of order or clarification is required. (b)Be fair and equitable in allocating public hearing time to individual speakers. Consistent with legal requirements, the Chair should determine and announce limits on speakers at the start of a public meeting or hearing process. Time limits for speakers at City Council meetings shall be consistent with the City Council Procedures Manual. (c)Practice active listening. It is disconcerting to some speakers to have Members not looking at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time or gazing around the room may give the appearance of disinterest. Members should try to be 24 24 of 31 8 conscious of facial expressions, and avoid those that could be interpreted as "smirking," disbelief, anger, or boredom. (d)Maintain an open mind. Members of the public deserve an opportunity to influence the thinking of elected and appointed officials. (e)Ask for clarification, but avoid debate and argument with the public. Only the Chair—not individual Members—can interrupt a speaker during a presentation. However, a Member can ask the Chair for a point of order if the speaker is off topic, exceeds the time allotted for public comment, or engages in behavior or discussion/language that is disruptive or violates the law. (f)Avoid personal comments that could offend members of the public. Whether addressing an individual member of the public or the public at large, it is never appropriate to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. 19.City Officials’ Conduct with the Public in Unofficial Settings (a)Make no promises on behalf of the Council, Commission, or City. Members will frequently be asked to explain a Council or Commission action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. Members should not overtly or implicitly promise Council or Commission action or promise that City staff will do something specific for the constituent. (b)Make no personal comments about other City Officials. It is acceptable to publicly disagree about an issue, but it is not acceptable to make derogatory personal comments about other City Officials. 20.City Officials’ Conduct with City Staff Governance of a city relies on the cooperative efforts of Councilmembers who set policy, appointed officials who advise elected officials, and City staff who implement and administer the Council’s policies. Every effort should be made 25 25 of 31 9 to be cooperative and show mutual respect for the roles and contributions made by each individual for the good of the community. The City of Cupertino operates under a Council/Manager form of government as established in Cupertino Municipal Code Chapter 2.28 whereby the City Council, acting through a majority of its members, sets policy, and provides oversight over the administrative services of the City only through the City Manager. The Council/Manager form of government is intended to provide the best of unencumbered professional/technical staff input balanced with the collective oversight of elected officials. Under the Council/Manager form of government neither the City Council, nor individual Councilmembers, can give orders to any subordinate of the City Manager. The City Manager takes their orders and instructions from the City Council only when given at a duly held meeting of the City Council. No individual Councilmember can give any orders or instructions to the City Manager. (a)Treat all staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of individual staff members is expected. Poor behavior towards staff is not acceptable. (b)Do not direct or attempt to influence City Manager or staff priorities outside of a noticed meeting. Individual Councilmembers and other City Officials shall not direct the City Manager or other City staff or attempt to influence policy or administrative actions or priorities. Policy direction and oversight of administrative activities shall be conducted by a majority of the Council at a duly noticed City Council meeting. (c)Do not disrupt City staff from their jobs. City Officials should not disrupt City staff while they are in meetings, on the phone, or otherwise performing their job functions in order to have their individual needs met. Do not attend City staff meetings unless requested by staff—even if the elected or appointed official does not say anything, their presence may imply support of a position, show partiality, or intimidate staff, and may hampers staff’s ability to perform their job impartially. (d)Never publicly criticize an individual employee. 26 26 of 31 10 City Officials should not criticize the performance of City employees in public, to the employee directly, or to the employee’s manager (other than the City Manager or City Attorney). Comments about staff performance should only be made to the City Manager or City Attorney through private correspondence or conversation. The City Manager is solely responsible for the appointment, discipline, and dismissal of City employees, except for the City Attorney and City Attorney’s Office staff. (e)Do not get involved in administrative functions. City Officials acting in their individual capacity shall not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. (f)Do not solicit political support from staff. City Officials should not solicit any type of political support (e.g., financial contributions, display of posters or lawn signs, name on support list) from City staff. City staff may, as private citizens with constitutional rights, support political candidates, but all such activities must be done away from the workplace and outside of work hours. (g)Attorney-Client Relationship. In representing the City, the City Attorney provides advice to City staff and City Officials. However, in accordance with law and the Rules of Professional Conduct, the City Attorney represents the City as a municipal organization, and any attorney-client relationship established belongs to the City, acting by and through a majority vote of the City Council. To the extent permitted by law, only the City Council as a body and not individual Councilmembers can waive the attorney-client privilege. 21.Council Conduct with Commissions The City has established several Commissions as a means of gathering more community input. Citizens who serve on Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect. 27 27 of 31 11 (a)Avoid unduly influencing Commission meetings. Councilmembers may attend any Commission meeting, which are always open to any member of the public. However, it is important for Commissions to be able to make objective recommendations to the City Council on items before them. To avoid undue influence on Commissioners, Councilmembers shall refrain from commenting during Commission meetings or becoming involved in Commission deliberations. (b)Limit contact with Commission Members to clarifying questions. Councilmembers should not attempt to influence or publicly criticize Commission recommendations or to influence or lobby individual Commission Members on any item under their consideration. It is acceptable for Councilmembers to contact Commission Members in order to clarify a position taken by the Commission. (c)Respect that Commissions serve the community, not individual. Councilmembers. The City Council appoints individuals to serve on Commissions, and it is the responsibility of Commissions to follow policy established by the Council. Commission Members do not report to individual Councilmembers. Appointment and reappointment to a Commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. (d)Be respectful of diverse opinions. A primary role of Commissions is to represent diverse points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers may have a closer working relationship with some individuals serving on Commissions, but must be fair and respectful of all Commissioners. (e)Keep political support away from public forums. Commission Members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Commission Members who are running for office, but not in a public forum while conducting official duties. 28 28 of 31 12 22.Conduct with the Media (a)The Mayor is the official spokesperson for the City Council on City positions. The Mayor is the designated representative of the City Council to present and speak on the official City position. If the Mayor is not available, the Mayor may designate the Vice Mayor as the City’s designated representative. If an individual Councilmember is contacted by the media, the Councilmember should be clear about whether their comments represent the official City position or a personal viewpoint. (b)Choose words carefully and cautiously. Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media. (c)Media conduct of Commission Members. Commission Members are not authorized to represent the City to media outlets (including broadcast, print, and social media sites) outside of official Commission meetings unless specifically authorized to do so. If an individual Commissioner or non-Council Committee Member is contacted by the media, the Member should be clear about whether their comments represent the official City position or a personal viewpoint. COMPLIANCE 23.Acknowledgement of Code of Ethics and Conduct. City Officials should sign an acknowledgement that they have read and understand the guidelines contained in the Code of Ethics and Conduct. 24.Ethics Training for City Officials. City Officials must comply with state or City mandated requirements for ethics training, as set forth in Section 5.6 of the City Council Procedures Manual. Ethics training must be completed prior to representing the City on intergovernmental assignments or Council subcommittees. Commissioners who fail to complete required ethics training shall be subject to removal from office by the City Council. 29 29 of 31 13 25. Behavior and Conduct. The Cupertino Code of Ethics and Conduct sets forth guidelines and standards of ethical conduct desired and expected for members of the Cupertino City Council and Commissions and other City Officials. City Officials themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of City government. The sanctions authorized by this Code are alternatives to any other remedy allowed by law to remedy conduct that violates this Code or state or federal law. Nothing in this Code shall be construed to give rise to a cause of action against the City or any City Official. (a) City Council. Individual Councilmembers should point out to the offending Councilmember alleged violations of the Code of Ethics and Conduct. If the offenses continue, then the matter should be referred confidentially to the City Attorney. Also, should the City Manager or City Attorney believe an investigation into a Councilmember’s conduct is warranted, they may refer the matter to the City Council. The City Attorney, in consultation with the City Manager, shall determine if the alleged violation(s) are supported by credible evidence and, if so, present the alleged violation(s) to the full City Council. (b) Commissioners and Other Members. Commission or Committee Chairs should report apparent violations of this Ethics Code to the Mayor, the City Manager, and/or the City Attorney. Counseling, verbal reprimands, and written warnings may be administered by the Mayor to Commission and other Members failing to comply with this Code or with City policy. These lower levels of sanctions should be kept private to the extent allowed by law. When deemed warranted, the Mayor or majority of Council may call for an investigation of Member conduct. Also, should the City Manager or City Attorney believe an investigation into a Member’s conduct is warranted, they may refer the matter to the Mayor or Council. The Mayor or Council should ask the City Manager or the City Attorney to investigate the allegation and report the findings. (c) Admonishment, Reprimand, and Censure. The City Council may admonish, reprimand, or censure any 30 30 of 31 14 Councilmember or other Member for a violation of the Municipal Code, this Ethics Code, or state or federal law. In addition, the City Council may impose additional sanctions on Commissioners or non-Council Committee Members whose conduct does not comply with the City’s policies, up to and including removal from office. Prior to the imposition of a penalty of reprimand, censure, or removal from office, the Member shall be provided advanced notice of the allegations against them and an opportunity to respond the allegations. Any form of discipline imposed by Council should be determined by a majority vote of at least a quorum of the Council at a noticed public meeting, and such action should be preceded by a report to Council. IMPLEMENTATION The Code of Ethics and Conduct is intended to be self-enforcing and is an expression of the standards of conduct for City Officials expected by the City. It therefore becomes most effective when City Officials are thoroughly familiar with it and embrace its provisions. For this reason, this document should be included in the regular orientations for candidates for City Council, City Manager, City Attorney, applicants to Commissions, and other newly elected and appointed City Officials. City Officials entering office should sign a statement (example below) acknowledging they have read and understand the Code of Ethics and Conduct. In addition, the Code of Ethics and Conduct should be periodically reviewed by the City Council and updated as necessary. I affirm that I have read and understand the City of Cupertino Code of Ethics and Conduct for Elected and Appointed Officials. Signature Date 31 31 of 31