HomeMy WebLinkAbout20140114_Council Code of ConductCITY OF MOUNTAIN VIEW
CITY COUNCIL
CODE OF CONDUCT
ADOPTED
NOVEMBER 19.,2002
REVISED
JANUARY 14,, 2014
TABLE OF CONTENTS
CHAPTER 1— FORM OF GOVERNMENT
1.1 Form of Government...............................................................................................1
CHAPTER 2 — COUNCIL POWERS AND RESPONSIBILITIES
2.1 City Council Generally............................................................................................3
2.2 Mayor and Vice Mayor—Appointment, Power, and Duties .............................3
2.3 Council Actions........................................................................................................4
2.4 Councilmember Committees..................................................................................4
2.5 Establishment and Appointment of Council Advisory Bodies (Boards,
Commissions, and Committees)......................................................................6
CHAPTER 3 — LEGAL AND ETHICAL STANDARDS
3.1 Preamble....................................................................................................................7
3.2 Public Interest...........................................................................................................7
3.3 Conduct.....................................................................................................................8
3.4 Conflict of Interest....................................................................................................9
3.5 Compliance and Enforcement —All Rules.........................................................19
3.6 AB 1234—Required Ethics Training....................................................................21
CHAPTER 4 — COMMUNICATIONS
4.1 Written Communications.....................................................................................22
4.2 Request for Staff Resources..................................................................................22
4.3 Relationship/ Communications with Staff.........................................................22
4.4 Council Relationship/ Communication with Council Advisory Bodies........ 23
4.5 Handling of Litigation and Other Confidential Information ..........................23
4.6 Representing an Official City Position................................................................24
4.7 Quasi -Judicial Role/Ex Parte Contacts...............................................................25
4.8 No Attorney -Client Relationship.........................................................................25
CHAPTER 5 — COUNCIL ADVISORY BODIES
5.1 Boards, Commissions, and Committees Generally...........................................26
5.2 Board, Commission, and Committee Organization and Conduct..................26
5.3 Board, Commission, and Committee Appointments.......................................27
5.4 Boards, Commissions, and Committees—Vacancy of Office ..........................28
CHAPTER 6 —MEETINGS
6.1 Ralph M. Brown Act..............................................................................................29
6.2 Regular Meetings...................................................................................................29
6.3 Study Sessions........................................................................................................29
6.4 Closed Sessions.......................................................................................................29
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6.5
Special and Emergency Meetings........................................................................30
6.6
Meeting Agendas...................................................................................................30
6.7
Rules of Procedure.................................................................................................34
6.8
Decorum..................................................................................................................34
6.9
Time of Adjournment............................................................................................35
6.10
Agenda Packets......................................................................................................35
CHAPTER 7—COUNCIL FINANCIAL MATTERS
7.1 Compensation.........................................................................................................36
7.2 Benefits....................................................................................................................36
7.3 City Council Budget and Expenses.....................................................................37
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CHAPTER 1
FORM OF GOVERNMENT
1.1 Form of Government
1.1.1 The City of Mountain View municipal government operates under a
council-manager form of government as established by the City Charter.
1.1.2 Under this form of government, the Council provides legislative direction,
sets City policy and monitors its execution by City staff. The City
Manager serves as the City's chief administrative officer and is responsible
for directing the day-to-day operations of the City.
1.1.3 The key provisions that outline Mountain View's council-manager form of
government are found in Section 607 of the City Charter.
"Neither the Council nor any of its members shall interfere with
the execution by the City Manager of the City Manager's
powers and duties, or order, directly or indirectly, the
appointment by the City Manager or by any of the department
heads in the administrative service of the City, of any person to
any office or employment, or that person's removal therefrom.
Except for the purpose of inquiry, the Council and its members
shall deal with the administrative service solely through the
City Manager and neither the Council nor any member thereof
shall give orders to any subordinate of the City Manager, either
publicly or privately."
Specifically, Section 607 of the City Charter includes the following
provisions:
1.1.3.1 Prohibits interference by either the City Council or any of its
members with the City Manager's execution of his or her
powers or duties.
1.1.3.2 Neither the Council nor a member shall interfere with the
appointment by the City Manager of any of the department
heads or any person to any office or employment.
1.1.3.3 Neither the Council nor any of its members shall interfere with
the City Manager's power to remove any of those persons.
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1.1.3.4 Except for purposes of inquiry (asking questions), the Council
and its members shall deal only with the City Manager with
respect to the administrative service of the City.
NOTE: See Chapter 4, Communications, for additional
information regarding communications with staff.
1.1.3.5 Neither the Council nor any of its members shall give orders to
any subordinate of the City Manager, either publicly or
privately.
1.1.4 Neither the City Council nor any of its members shall interfere with the
administration of the City Attorney's or City Clerk's duties or give orders
to the subordinates of the City Attorney or City Clerk.
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CHAPTER 2
COUNCIL POWERS AND RESPONSIBILITIES
2.1 City Council Generally
2.1.1 The City Council has the power, in the name of the City, to do and
perform all acts and things appropriate to a municipal corporation and the
general welfare of its inhabitants, which are not specifically prohibited by
the constitution, the City Charter, or State or Federal laws.
2.1.2 The Council acts as a body. Policy is established by majority vote. A
decision of the majority binds the Council to a course of action. The
Council majority may be a majority of the quorum of the Council.
2.1.3 No Councilmember has extraordinary powers beyond those of other
members (except as may otherwise be provided in State law). All
members, including the Mayor, have equal powers.
2.1.4 No member of the Council is permitted to hold any other City office or
City employment (except as may otherwise be provided in the City
Charter).
2.1.5 Councilmembers also serve as members of the Mountain View Capital
Improvements Financing Authority, Successor Agency of the Mountain
View Revitalization Authority, City of Mountain View Downtown
Parking, Maintenance and Operations Assessment District, and Mountain
View Shoreline Regional Park Community.
2.2 Mayor and Vice Mayor—Appointment, Power, and Duties
2.2.1 The selection of the Mayor and Vice Mayor occurs annually at the first
Council meeting in January by majority vote of the City Council. City
Council Policy A-6, Election of Mayor and Vice Mayor, sets forth
nonbinding guidelines for the selection of the Mayor and Vice Mayor.
2.2.2 The Mayor is the presiding officer of the City Council. In the Mayor's
absence, the Vice Mayor shall perform the duties of the Mayor.
2.2.3 The Mayor is the official head of the City for all ceremonial purposes.
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2.2.4 The Mayor may perform such other duties consistent with the mayoral
office as may be prescribed by the City Charter or as may be imposed by
the Council.
2.2.5 The Mayor does not possess any power of veto.
2.2.6 The Mayor, or Council designee, coordinates with the City Manager in the
development of agendas for meetings of the City Council. Once the
agenda is published, the City Manager may withdraw an item; however,
only the City Council may otherwise alter the agenda.
2.2.7 The Mayor and Vice Mayor serve at the pleasure of the Council and can be
replaced at any time by a majority vote of the Council.
2.3 Council Actions
2.3.1 Legislative actions by the City Council can be taken by means of
ordinance, resolution, or minute action duly made and passed by the
majority (unless otherwise provided).
2.3.2 Public actions of the Council are recorded in the minutes of the City
Council meeting. The City Clerk is required to make a record only of
business actually passed upon by a vote of the Council and is not required
to record any remarks of Councilmembers or of any other person, except
at the special request of a Councilmember, with the consent of the
Council.
2.3.3 Actions of the Council concerning confidential property, personnel,
and/or legal matters of the City are to be reported consistent with State
law.
2.4 Councilmember Committees (Refer to City Council Policy A-13, City Council
Meetings, Section 16, and City Council Policy A-23, Work Item Referral Process for
Council Advisory Bodies and Councilmember Committees)
2.4.1 The City Council may organize itself into standing and/or special/ ad hoc
committees of the Council to facilitate Council review and action
regarding certain matters referred to them by the City Council or in
accordance with City Council Policy A-23, Work Item Referral Process for
Council Advisory Bodies and Councilmember Committees.
2.4.2 All work undertaken by a Councilmember committee must originate with
the Council or as permitted under City Council Policy A-23, Work Item
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Referral Process for Council Advisory Bodies and Councilmember
Committees, and all actions of committees shall be reported to the
Council.
2.4.3 The Council may create or dissolve standing committees at any time by
the affirmative vote of a majority of the Council.
2.4.4 The Mayor annually appoints members to standing committees.
2.4.5 The Council or the Mayor may create special or ad hoc committees. The
Mayor appoints members to special or ad hoc committees.
2.4.6 The Council may dissolve special or ad hoc committees.
2.4.7 If permitted by the Ralph M. Brown Act, other members of the Council
not assigned to a committee may attend meetings of a committee, as an
observer, however, they shall be seated with the audience and may not
participate in any manner or address the committee.
2.4.8 If an absence is anticipated on a committee and that absence may impede
the work of the committee, the committee chair or other member may
request that the Mayor designate another member of the Council to attend
for the absent member and serve as an alternate member of the committee,
provided that the member's attendance, in the opinion of the City
Attorney, will comply with the Brown Act. The term for service by the
alternate member will be the term designated in the appointment, or for
one meeting, if no term is specified.
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2.5 Establishment and Appointment of Council Advisory Bodies
2.5.1 The Mountain View City Charter requires a Planning Commission,
Recreation and Parks Commission, and Library Board (refer to Mountain
View City Charter, Article IX).
2.5.2 The City Council may also establish by ordinance or resolution, boards,
commissions, and committees to assist the Council in making its policy
decisions.
2.5.3 The rules of procedure and code of conduct that govern the City Council
apply with equal force to all Council advisory bodies.
NOTE: See Chapter 5, Council Advisory Bodies, for additional
information regarding boards, commissions, and committees.
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CHAPTER 3
LEGAL AND ETHICAL STANDARDS
3.1 Preamble
The residents and businesses of Mountain View are entitled to have fair, ethical,
and accountable local government. Such a government requires that public
officials:
• Comply with both the letter and the spirit of the laws and policies
affecting operations of the government;
• Be independent, impartial, and fair in their judgment and actions;
• Use their public office for the public good, not for personal gain; and
• Conduct public deliberations and processes openly, unless legally
confidential, in an atmosphere of respect and civility.
To this end, the Mountain View City Council has adopted a code of ethics to
encourage public confidence in the integrity of local government and its fair and
effective operation.
This City Council code of ethics shall reside in two documents —the City Council
Code of Conduct and the City Council Personal Code of Conduct. The City
Council Code of Conduct and the Personal Code of Conduct shall not be
interpreted to conflict with other rights and responsibilities of public officials set
forth in this code or Federal, State, or local law. The City Council Code of Conduct
shall be considered to be the definitive document relating to ethical conduct by
Mountain View Councilmembers. The Personal Code of Conduct shall be
considered to be a summary of the full City Council Code of Conduct.
3.2 Public Interest
3.2.1 Recognizing that stewardship of the public interest must be their primary
concern, Councilmembers shall work for the common good of the people
of Mountain View and not for any private or personal interest.
Councilmembers must endeavor to treat all members of the public and
issues before them in a fair and equitable manner.
3.2.2 Councilmembers shall comply with the laws of the nation, the State of
California, and the City in the performance of their public duties. These
laws include, but are not limited to: the United States and California
constitutions; the Mountain View City Charter; laws pertaining to
conflicts of interest, election campaigns, financial disclosures, employer
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responsibilities, and open processes of government; and City ordinances
and policies.
3.3 Conduct
3.3.1 Councilmembers shall refrain from abusive conduct, personal charges, or
verbal attacks upon the character or motives of other members of the City
Council, boards, commissions, committees, staff, or the public.
3.3.2 Councilmember duties shall be performed in accordance with the
processes and rules of order established by the City Council.
3.3.3 Councilmembers shall inform themselves on public issues, listen
attentively to public discussions before the body, and focus on the
business at hand.
3.3.4 Council decisions shall be based upon the merits and substance of the
matter at hand.
3.3.5 It is the responsibility of Councilmembers to publicly share substantive
information that is relevant to a matter under consideration that they have
received from sources outside of the public decision-making process with
all other Councilmembers and the public prior to taking action on the
matter.
3.3.6 Appropriate City staff should be involved when Councilmembers meet
with officials from other agencies and jurisdictions to ensure proper staff
support as needed and to keep staff informed.
3.3.7 Councilmembers shall not attend internal staff meetings or meetings
between City staff and third parties unless invited by City staff or directed
by Council to do so.
3.3.8 Policy Role
3.3.8.1 Councilmembers shall respect and adhere to the council-
manager structure of Mountain View City government as
provided in State law and the City Charter.
3.3.8.2 Councilmembers shall support the maintenance of a positive
and constructive environment for residents, businesses, and
City employees.
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3.3.9 Implementation
3.3.9.1 Ethics standards shall be included in the regular orientations for
City Council candidates. Councilmembers entering office and
upon reelection to that office shall sign a City Council Personal
Code of Conduct statement (Attachment 1) affirming they have
read and understand this City of Mountain View City Council
Code of Conduct.
3.4 Conflict of Interest
3.4.1 In order to assure their independence and impartiality on behalf of the
public good, Councilmembers are prohibited from using their official
positions to influence government decisions in which they have a financial
interest or where they have an organizational responsibility or a personal
relationship that would present a conflict of interest under applicable
State law.
3.4.2 In accordance with State law, Councilmembers must file annual written
disclosures of their economic interests.
3.4.3 Councilmembers shall not take advantage of services or opportunities for
personal gain by virtue of their public office that are not available to the
public in general.
3.4.4 Councilmembers shall respect and preserve the confidentiality of
information provided to them concerning the confidential matters of the
City. They must neither disclose confidential information without proper
legal authorization nor use such information to advance the personal,
financial, or private interests of themselves or others.
3.4.5 City Councilmembers should avoid any action that could be construed as,
or create the appearance of, using public office for personal gain,
including use of City stationery or other City resources to obtain or
promote personal business.
3.4.6 Public resources not available to the general public (e.g., City staff time,
equipment, supplies, or facilities) shall not be used by Councilmembers
for private gain or personal purposes.
3.4.7 In keeping with their role as stewards of the public interest,
Councilmembers shall not appear on behalf of the private interests of a
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third party before the City Council or any board, commission, or
committee or proceeding of the City, except as permitted by law.
3.4.8 To the best of their ability, Councilmembers shall represent the official
policies and positions of the City Council. When presenting their personal
opinions or positions publicly, members shall explicitly state they do not
represent the Council or the City.
3.4.9 Mountain View City Charter Provisions
3.4.9.1 Financial Interests in City Contracts Prohibited.
No officer or employee of the City shall become financially
interested except by testate or intestate succession, either
directly or indirectly, in any contract, sale, purchase, lease, or
transfer of real or personal property to which the City is a party
or be employed by any public service corporation regulated by
or holding franchises in the City. ... [A]ny contract made in
contravention of this section shall be void. (Section 706)
3.4.9.2 Nepotism.
The Council shall not appoint to a salaried position under the
City government any person who is a relative by blood or
marriage within the second degree of any one or more of the
members of such Council and neither shall any department
head or other officer having appointive power appoint any
relative within such degree to any such position. (Section 707)
3.4.9.3 Political Activities Prohibited; Discrimination.
This provision provides that:
1. No employee shall, while in uniform or during the
employee's working hours, take an active part in any
municipal or other political campaign.
2. No employee shall, while in uniform or during the
employee's work hours, seek or accept contributions for or
against a candidate or issue.
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3. An employee may not seek or accept signatures to any
petition for or against any such candidate or issue during
his or her work hours.
4. No person in the classified service shall be employed,
promoted, demoted, or discharged or in any way favored
or discriminated against because of political opinions or
affiliations or because of race or religious belief. (Section
1003) (Also see Section 4.3.7)
5. For purposes of this section, the term "employee" shall
include contract employees and consultants who function
as City employees.
3.4.10 Mountain View City Code Provisions
3.4.10.1 Use of City Property—Limited to Lawful Business of City.
(Section 2.4)
No person or persons other than City officials or employees
shall use any City -owned equipment, tools, or paraphernalia
other than for the purpose of conducting the lawful business of
the City.
3.4.10.2 Use of City Property for Private Purposes by City Official,
Employee, etc. (Section 2.5)
No City official, City employee, or other person shall borrow,
take, or remove any City -owned equipment, tools, or
paraphernalia for private use.
3.4.10.3 Use of City Property—Loan, etc., by City Official, Employee,
etc.
No City official, City employee, or any other person shall lend,
give, or transfer possession of such City -owned equipment,
tools, or paraphernalia to any other City official, employee, or
any other person with knowledge that the same shall be used
for private purposes. (Section 2.6)
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3.4.11 California State Law Regarding Conflicts
Four key areas of California State law regulate the ethics of public
officials.
3.4.11.1 Constitutional prohibitions
State law strictly forbids elected and appointed public officials
from accepting free or discounted travel from transportation
companies. The penalty for a violation includes the forfeiture of
office.
3.4.11.2 Contractual conflicts of interest
This prohibition, found in Government Code Section 1090,
mirrors the City's Charter Provision Section 706 and applies to
elected and appointed officials as well as other City staff
members. It prohibits the City from entering into a contract if
one of its members (i.e., a Councilmember) is financially
interested in the contract. If the bar (or prohibition) applies, the
agency is prohibited from entering into the contract whether or
not the official with the conflict participates or not. In some
limited circumstances, officials are allowed to disqualify
themselves from participation and the agency may enter into
the contract.
Financial interest has been defined to include employment,
stock/ownership interests, and membership on the board of
directors of a for-profit or nonprofit corporation, among others.
Violations can be charged as a felony. A person convicted of
violating Section 1090 is prohibited from ever holding public
office in the State.
3.4.11.3 Political Reform Act—Conflicts of Interest
The Political Reform Act (PRA) was adopted by the voters in
1974 and is the primary expression of the law relative to
conflicts of interest (and campaign finance) in California. The
Act created the Fair Political Practices Commission (FPPC), a
five -member State board which administers the Act.
The Act and the regulations are complex and are continuously
subjected to official interpretation. The following synopsis of
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key parts of the Act will be helpful in spotting issues; however,
the FPPC and/or City Attorney should be consulted for further
advice and clarification.
With respect to conflicts of interest, the FPPC has promulgated a
regulation which establishes an analysis which assists in
determining whether a public official is participating in a
government decision in which they have a qualifying financial
interest and whether it is reasonably foreseeable that the
decision will have a material financial effect on the public
official's financial interest, which is distinguishable from the
effect the decision will have on the public generally.
3.4.11.3.1 If a member has a conflict of interest regarding a
particular decision, they must refrain from making
or participating in the making of a decision unless
otherwise permitted by law.
If a public official has a financial interest that gives
rise to a conflict of interest, one of the key
determinations in the eight -step analysis is to
determine whether or not the public official is
"participating in" or "making" a governmental
decision.
3.4.11.3.1.1 A public official makes a government
decision when they do the following:
• Vote on a matter.
• Appoint a person.
• Obligate or commit his or her
agency to any course of action.
• Enter into any contractual
agreement on behalf of his or her
agency.
• Determine not to act in certain
circumstances.
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3.4.11.3.1.2 A public official participates in
making governmental decisions when
acting within the authority of his or
her position, they do the following:
• Negotiate without significant
substantive review with a
governmental entity or private
person regarding a governmental
decision.
• Advise or make recommenda-
tions to the decision -maker either
directly or without significant
intervening substantive review
by:
— Conducting research or an
investigation which requires
the exercise of judgment on
the part of the official and
the purpose of which is to
influence governmental
decisions; or
— Preparing or presenting any
report, analysis, or opinion
orally or in writing which
requires the exercise of
judgment on the part of the
official and the purpose of
which is to influence a
governmental decision.
3.4.11.3.2 When a public official has a qualifying financial
interest, that official may not use their office or
otherwise attempt to influence governmental
decisions or make appearances or contacts on behalf
of a business entity, client, or customer.
3.4.11.3.3 If an official has a qualifying financial interest, there
are nevertheless exceptions which allow a public
official to make an appearance before an agency in
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very limited circumstances. The one that is most
commonly encountered is an appearance by a
public official to represent himself or herself with
respect to a proposed project or change in their
neighborhood. If the appearance is permitted under
State law, the appearance is limited to appearing at
a public meeting at the podium and addressing a
board, commission, or the City Council. The official
may not contact members of staff, the City Manager,
or City Attorney, or discuss the matter with other
Councilmembers. A public official with a conflict
cannot interact with staff on that issue other than to
ask questions, pay fees, etc.
3.4.11.3.4 Political Reform Act—Gifts, etc.
Qualifying gifts of $50 or more must be reported on
an official's Statement of Economic Interest (SEI). In
addition, the Political Reform Act imposes a limit on
gifts a local official can receive. The dollar amount
of the gift limit is modified every odd year to reflect
changes in the Consumer Price Index. There are
various exceptions that apply to whether or not a
gift is a "qualifying gift." In some instances, the gift
limit does not apply (e.g., wedding gifts); however,
the obligation to report the gift typically does apply.
• A gift is a payment made by any person of
anything of value, whether tangible or
intangible, real or personal property, a good or
service that provides a personal benefit to an
official when the public official does not
provide goods or services of equal or greater
value. It can include forgiveness of a debt, a
rebate or discount unless the rebate or discount
is made through the regular course of business
to members of the public.
• There are exceptions to gifts for informational
material, gifts that are returned unused, gifts
from relatives—close family, campaign
The gift limit can be found in Government Code §89503.
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contributions, home hospitality, benefits
commonly exchanged, reciprocal exchanges,
acts of neighborliness, bona fide dating
relationship, acts of human compassion,
ceremonial role, etc.
• There are specific regulations for how gifts are
valued, particularly with the value of tickets
and passes and attendance at dinners and
events.
• Gifts can be given to the public agency and
they are not charged as gifts to an individual
who may use the gift (e.g., tickets) provided
the express terms of the appropriate regulation
are satisfied.
3.4.11.3.4.1 Travel Reimbursements
The Political Reform Act contains
extensive regulations on travel
reimbursements; however, travel
payment by one's own public agency
as part of your official duties are
typically exempt. Reimbursement
from other entities (other than
transportation companies) within
California and outside of California
are subject to very specific rules.
3.4.11.3.4.2 Honoraria
Honoraria are defined as a payment
made in return for giving a speech,
writing an article, or attending a
public or private conference,
convention, meeting, social event,
meal, or similar gathering. Honoraria
should be distinguished from
campaign funds that go into that
person's campaign or to a political
party. Campaign funds cannot be
used for personal benefit.
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• Local elected officials or candidates
may not accept honoraria. A local
agency employee who is required
to file a Statement of Economic
Interest (Form 700) may not accept
honoraria from any source
requiring disclosure on a public
official's SEI. There are
approximately 12 exceptions to
honoraria, including payments
made for comedic, theatrical, and
musical performances; income
from bona fide personal services in
connection with teaching,
practicing law, etc.; and travel,
lodging, and subsistence in
connection with a speech, limited
to the day before, day of, and day
after within the United States.
• The exceptions for income from
personal services in connection
with teaching and practicing law
do not apply if the sole or
predominant activity is giving
speeches.
3.4.11.3.4.3 Political Reform Act—Mass Mailings
A mass mailing is defined as 200 or
more substantially similar pieces of
mail sent at public or private expense
by a public official within a calendar
month.
• Sent at Private Expense —If sent for
a political purpose, sender must
place the name and address on the
outside of the envelope.
• Sent at Public Expense — These
mailings are subject to strict
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limitations. For example, the
mailing may not contain the name
or pictures of elected officials
except as part of the standard
letterhead, and within the confines
of that regulation they cannot be of
different size or otherwise
emblazoned on the mailing.
Because the rules are complex, staff
should be consulted for assistance.
3.4.11.3.4.4 Political Reform Act—Enforcement
The FPPC can assess administrative
fines and penalties for violation of the
Act. The District Attorney and the
State Attorney General may prosecute
violators as civil or criminal matters.
Violators may also be removed from
office pursuant to Government Code
Section 3060.
3.4.11.5 Common Law Conflicts of Interest
This is the judicial expression of the public policy
against public officials using their official position
for private benefit. An elected official bears a
fiduciary duty to exercise the powers of office for
the benefit of the public and is not permitted to use
those powers or their office for the benefit of any
private interest. This common law doctrine
continues to survive the adoption of various
statutory expressions of conflict law.
3.4.11.6 Appearance of Impropriety
When participation in action or decision-making as
a public official does not implicate the specific
statutory criteria for conflicts of interest; however,
participation still does not "look" or "feel" right, that
public official has probably encountered the
appearance of impropriety.
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For the public to have faith and confidence that
government authority will be implemented in an
even-handed and ethical manner, public officials
may need to step aside even though no technical
conflict exists. An example is where a long-term
nonfinancial affiliation exists between the public
official and an applicant or the applicant is related
by blood or marriage to the official. For the good of
the community, members who encounter the
appearance of impropriety should step aside.
NOTE: State laws governing conflicts of interest are written to ensure that
actions are taken in the public interest. These laws are very complex.
Councilmembers should consult with the City Attorney, their own
attorney, or the Fair Political Practices Commission for guidance in
advance.
3.5 Compliance and Enforcement—All Rules
Councilmembers take an oath when they assume their office in which they
promise to uphold the laws of the State of California, the City of Mountain View,
and the United States of America. Consistent with this oath is the requirement of
this Council policy to comply with the laws as well as report violations of the laws
and policy of which they become aware.
3.5.1 Any suspected violation or alleged violation by a Councilmember must be
reported to the Mayor. In the case of a City staff member making the
report regarding a Councilmember, the report should be made to the City
Manager who will then report it to the Mayor. Upon report, the City
Manager and City Attorney will assist the Mayor in following one of the
two (2) protocols for addressing the violation or alleged violation:
3.5.1.1 If the Mayor, City Manager, and City Attorney all agree that the
violation or alleged violation is minor in nature, the Mayor and
either the City Manager or City Attorney may contact the
individual Councilmember and advise the member of the
concern and seek to resolve the matter (Protocol 1).
3.5.1.2 If the Mayor, City Manager, and City Attorney do not agree that
the violation or alleged violation is minor (see Section 3.5.1.1) in
nature, then the Mayor shall convene a special ad hoc
committee of the Mayor (who will serve as Chair), Vice Mayor,
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and most recent Mayor (the "Ethics Committee") who will meet
with the City Manager and City Attorney and appropriate staff
and/or witnesses to determine how the matter may proceed, be
resolved or be reported to the appropriate authorities (Protocol
2).
3.5.1.3 In implementing the provisions of this section, the Ethics
Committee will be authorized to conduct all inquiries and
investigations as necessary to fulfill their obligation.
3.5.1.4 For purposes of Sections 3.5.1.1 and 3.5.1.2, the incident or
violation is not minor if it involves the injury or potential injury
to any person (e.g., physical, emotional, defamation,
harassment, etc.), significant exposure to the City Treasury or
the probability for a repeat occurrence.
3.5.2 Councilmembers wishing to report a suspected violation by a staff
member should report it to both the City Manager and City Attorney.
3.5.3 In the event any Councilmember with a role in this policy is the subject of
the inquiry, the role of that official shall be assumed by the next ranking
official in the chain. For example, if the Mayor is the subject of the
inquiry, the Ethics Committee shall be comprised of the Vice Mayor (who
will serve as Chair) and the two (2) most recent former Mayors. If the City
Manager or City Attorney is the subject, the Committee will exclude that
individual.
If there is no recent former Mayor available to fill the appropriate seat(s)
on the committee, the Mayor or chair will select a member of the Council
to serve — selection to be based on seniority as outlined in Policy and
Procedure No. A-6.
3.5.4 The term "committee" or "Ethics Committee" is used for ease of reference
only as it is not intended by this policy to create a permanent or standing
committee but, rather, to assemble the officials necessary to review
complaints should the need arise.
3.5.5 This policy and the protocols set forth are alternatives to any remedy that
might otherwise be available or prudent. In order to ensure good
government, any individual, including the City Manager and City
Attorney, who believes a violation may have occurred is hereby
authorized to report the violation to other appropriate authorities.
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3.5.6 These same protocols may be utilized for any suspected violations or
alleged violations by a Council advisory body member. In addition to
those protocols, the Mayor may also refer the matter to the City Council if
further action is needed.
3.6 AB 1234—Required Ethics Training
AB 1234 requires elected or appointed officials who are compensated for their
service or reimbursed for their expenses to take two hours of training in ethics
principles and laws every two years. Those who enter office after January 1, 2006
must receive the training within a year of starting their service. They must then
receive the training every two years after that.
The training must cover general ethics principles relating to public service and
ethics laws including:
• Laws relating to personal financial gain by public officials (including bribery
and conflict of interest laws);
• Laws relating to office -holder perks, including gifts and travel restrictions,
personal and political use of public resources, and prohibitions against gifts
of public funds;
• Governmental transparency laws, including financial disclosure requirements
and open government laws (the Brown Act and Public Records Act);
• Laws relating to fair processes, including fair contracting requirements,
common law bias requirements, and due process.
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CHAPTER 4
COMMUNICATIONS
4.1 Written Communications
4.1.1 Written communications addressed to the City Council are to be referred
to the City Clerk for:
• Forwarding to the Council with their agenda packet, or
• Placement on an agenda with or without a staff report, or
• Direct response to the citizen with a copy of the communication and
staff letter to the Council.
4.2 Request for Staff Resources
4.2.1 Council requests for research or other staff work must be directed to the
City Manager, or the City Attorney regarding legal matters or the City
Clerk regarding matters within the Clerk's authority.
If more than one hour of staff time will be required to complete the
task/project, the item will be agendized to ask the City Council if time
should be spent on preparing a report on the proposed item.
Staff responses prepared to Council inquiries shall be distributed to all
City Councilmembers.
4.3 Relationship/Communications with Staff
Staff serves the City Council as a whole, therefore:
4.3.1 A Councilmember shall not direct staff to initiate any action, change a
course of action, or prepare any report. Except as provided in City
Council Policy A-23, Work Item Referral Process for Council Advisory
Bodies and Councilmember Committees, a Councilmember shall not
initiate any project or study without the approval of the majority of the
Council.
4.3.2 Councilmembers shall not attempt to pressure or influence discussions,
recommendations, workloads, schedules, or department priorities absent
the approval of a majority of the Council.
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4.3.3 When preparing for Council meetings, Councilmembers should direct
questions ahead of time to the City Manager so that staff can provide the
desired information at the Council meeting.
4.3.4 Any concerns by a member of the City Council regarding the behavior or
work of a City employee should be directed to the City Manager privately
to ensure the concern is resolved. Councilmembers shall not reprimand
employees directly nor should they communicate their concerns to anyone
other than the City Manager.
4.3.5 Councilmembers may direct routine inquiries to either the City Manager
or appropriate department head.
4.3.6 Councilmembers serving on Council committees or as the City's
representative to an outside agency may interact directly with City staff
assigned to that effort as the City Manager's designee. The City staff
member so designated and assigned will keep the City Manager
appropriately informed.
4.3.7 Soliciting political support from staff (e.g., financial contributions, display
of posters or lawn signs, name on support list, etc.) is prohibited. City
staff may, as private citizens with constitutional rights, support political
candidates, but all such activities must be done away from the workplace
and may not be conducted while in uniform. (Also see Section 3.4.9.3)
4.4 Council Relationship/Communication with Council Advisory Bodies
4.4.1 Councilmembers shall not attempt to pressure or influence board,
commission, or committee decisions, recommendations, or priorities
absent the approval of the majority of the Council. However, the Mayor
and Vice Mayor can authorize a work item for a Council advisory body
under certain circumstances in accordance with City Council Policy A-23,
Work Item Referral Process for Council Advisory Bodies and
Councilmember Committees.
4.5 Handling of Litigation and Other Confidential Information
4.5.1 All written materials and verbal information provided to Councilmembers
on matters that are confidential and/or privileged under State law shall be
kept in complete confidence to ensure that the City's position is not
compromised. No disclosure or mention of any information in these
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materials may be made to anyone other than Councilmembers, the City
Attorney, or City Manager.
4.5.1.1 Confidential materials provided in preparation for and during
Closed Sessions shall not be retained and electronic copies must
be deleted or documents returned to staff at the conclusion of
the Closed Session.
4.5.1.2 Confidential materials provided to Councilmembers outside of
Closed Sessions must be destroyed, deleted, or returned to staff
within thirty (30) days of their receipt.
4.5.1.3 Councilmembers may not request confidential written
information from staff that has not been provided to all
Councilmembers.
4.6 Representing an Official City Position
4.6.1 City Councilmembers may use their title only when conducting official
City business, for information purposes, or as an indication of background
and expertise, carefully considering whether they are exceeding or
appearing to exceed their authority.
4.6.2 Once the City Council has taken a position on an issue, all official City
correspondence regarding that issue will reflect the Council's adopted
position.
4.6.3 In most instances, the Council will authorize the Mayor to send letters
stating the City's official position to appropriate legislators.
4.6.4 If a member of the City Council appears before another governmental
agency organization to give a statement on an issue affecting the City, the
Councilmember should indicate the majority position and opinion of the
Council.
4.6.5 Personal opinions and comments may be expressed only if the
Councilmember clarifies that these statements do not reflect the official
position of the City Council.
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4.7 Quasi -Judicial Role/Ex Parte Contacts
The City Council has a number of roles. It legislates and makes administrative and
executive decisions. The Council also acts in a quasi-judicial capacity or "like a
judge" when it rules on various permits, licenses, and land use entitlements.
In this last capacity, quasi-judicial, the Council holds a hearing, takes evidence,
determines what the evidence shows, and exercises its discretion in applying the
facts to the law shown by the evidence. It is to these proceedings that the rule
relative to ex parte contacts applies.
4.7.1 Ex Parte Contacts/Fair Hearings. The Council shall refrain from receiving
information and evidence on any quasi-judicial matter while such matter
is pending before the City Council or any agency, board, or commission
thereof, except at the public hearing.
As an elected official, it is often impossible to avoid such contacts and
exposure to information. Therefore, if any member is exposed to
information or evidence about a pending matter outside of the public
hearing, through contacts by constituents, the applicant or through site
visits, the member shall disclose all such information and/or evidence
acquired from such contacts, which is not otherwise included in the
written or oral staff report, during the public hearing, and before the
public comments period is opened.
Matters are "pending" when an application has been filed. Information
and evidence gained by members via their attendance at noticed public
hearings before subordinate boards and commissions are not subject to
this rule.
4.8 No Attorney -Client Relationship
Councilmembers who consult the City Attorney, his or her staff, and/or
attorney(s) contracted to work on behalf of the City cannot enjoy or establish an
attorney-client relationship with said attorney(s) by consulting with or speaking to
same. Any attorney-client relationship established belongs to the City, acting
through the City Council, and as may be allowed in State law for purposes of
defending the City and/or the City Council in the course of litigation and/or
administrative procedures, etc.
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CHAPTER 5
COUNCIL ADVISORY BODIES
5.1 Boards, Commissions, and Committees Generally
5.1.1 The Mountain View City Charter establishes the following boards and
commissions to advise the City Council:
• Planning Commission (now known as the Environmental Planning
Commission) (Section 906)
• Recreation and Parks Commission (now known as the Parks and
Recreation Commission) (Section 909)
• Board of Library Trustees (now known as the Library Board) (Section
911)
5.1.2 The City Charter authorizes the City Council to establish additional
advisory boards and commissions to assist the Council in its policy
decisions. The City Council has the inherent power to create committees.
5.1.3 City boards, commissions, and committees (collectively "Council advisory
bodies") do not set or establish City policy or administrative direction to
City staff, except as provided in City Council Policy A-23, Work Item
Referral Process for Council Advisory Bodies and Councilmember
Committees.
5.1.4 Appointments to boards, commissions, and committees are made by
adoption of a resolution of the majority of the Council after the review and
consideration of the recommendation(s) of the Council Appointments
Review Committee. Appointees to Council advisory bodies serve at the
pleasure of the City Council.
5.1.5 The terms "board" and "commission" can be used interchangeably. Boards
and commissions typically have broader policy and advisory
responsibilities than committees which typically have much more focused
advisory roles to the Council.
5.2 Board, Commission, and Committee Organization and Conduct
5.2.1 Annually, each board, commission, and committee elects one of their
members to serve as the presiding officer or chair.
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5.2.2 Boards, commissions, and committees shall hold regular and special
meetings as may be required. The conduct of board, commission, and
committee meetings are governed by the same rules of policy and
procedure as the City Council.
5.2.3 Boards, commissions, and committees should comply with all applicable
open meeting and conflict-of-interest laws of the State.
5.2.4 Upon appointment or reappointment, Council advisory body members
shall sign a Council Advisory Body Personal Code of Conduct statement
(Attachment 2) affirming they have read and understand this City of
Mountain View City Council Code of Conduct.
5.3 Board, Commission, and Committee Appointments
5.3.1 The City Charter requires that members of City boards and commissions
be qualified electors of the City (resident of Mountain View and United
States citizen). Committees can include members that are not qualified
electors.
Appointments will provide, as nearly as possible, a representative balance
of the broad population of the City. All appointees should bring the skill,
integrity, knowledge, interest, and commitment to evaluating issues in the
broad context of the public interest.
5.3.2 Unless appointed to an unexpired term of less than two years caused by
the resignation or other such vacancy, the term of office for each board,
commission, or committee member is normally four years.
Appointees are limited to two consecutive terms prior to reappointment
on a given board, commission, or committee (except where specifically
provided). However, where the City Council expressly determines it to be
in the best interest of the community, the City Council may reappoint
beyond this limit.
5.3.3 The City Clerk provides application forms and maintains a composite
listing of all applications on file which have been received.
5.3.4 The City Clerk solicits applications for vacancies in accordance with the
procedures outlined in City Council Policy K-2, Board, Commission, and
Committee Appointments.
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5.3.5 Persons being considered for appointment (or reappointment) must be
interviewed at least once to qualify for appointment.
5.4 Boards, Commissions, and Committees—Vacancy of Office
5.4.1 The City Charter provides that if "a member of a board or commission is
absent from three regular meetings of such board or commission,
consecutively or within a calendar quarter, or is convicted of a crime
involving moral turpitude, or ceases to be a qualified elector and resident
of the City, that office shall become vacant upon the declaration of
Council. The Council may, for good cause, determine that a vacancy has
not been created."
5.4.2 Resignations may be submitted at any time to the City Council either
directly or through the board, commission, or committee chair.
Resignations are effective upon submittal.
5.4.3 Upon notice of a vacancy, the Council Appointments Review Committee
shall initiate the appointment procedure detailed in City Council Policy K-
2, Board, Commission, and Committee Appointments, leading to a
recommendation to the City Council for a successor of such vacancy and
the successor will be appointed to serve only to the date of the unexpired
term pursuant to Section 905 of the City Charter.
5.5 Boards, Commissions, and Committees —Removal
5.5.1 A board member, commissioner, or committee member is subject to
removal by motion of the City Council adopted by at least four affirmative
votes.
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CHAPTER 6
MEETINGS
6.1. Ralph M. Brown Act
All meetings of the City Council, standing Councilmember committees, and
Council advisory bodies are governed by the Ralph M. Brown Act (Government
Code 54950 et seq.). The City Council views the Brown Act as a minimum set of
standards and in several respects, the City's open meeting requirements exceed the
requirements of the Brown Act.
If any member of a City legislative body, or City staff, believe that action has been
taken on an item in contravention of the Brown Act, that person is privileged to
place the item on a future agenda for reconsideration and/or action.
6.2 Regular Meetings
6.2.1 Regular meetings of the City Council are held on the second and fourth
Tuesday of each month at 6:30 p.m. in the Council Chambers of Mountain
View City Hall, 500 Castro Street.
All regular Council meetings are open to the public.
6.3 Study Sessions
6.3.1 Study Sessions are conducted as part of a public meeting which the
Council may set from time to time to allow for a detailed review of
important matters. Study Sessions may be conducted jointly with another
City board, commission, or committee or another governmental agency.
Formal action is typically not taken at a Study Session unless the agenda
indicates that action may be taken. All Study Session meetings are open
to the public.
6.4 Closed Sessions
6.4.1 Closed Sessions are also regulated pursuant to the Ralph M. Brown Act.
All written materials and verbal information regarding Closed Session
items must remain confidential. Written reports and/or exhibits or
materials furnished to members of the Council as part of a Closed Session
must not be copied or saved and must be deleted or returned to staff at
the conclusion of the Closed Session. No member of the Council,
employee of the City, or anyone else present should disclose to any other
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person the intent or substance of any discussion that takes place in a
Closed Session unless authorized by a majority of the Council.
6.4.2 Permissible topics/ issues for a Closed Session discussion include, but are
not limited to: labor negotiations, pending litigation, personnel actions,
real estate negotiations, and certain licensing and public security issues.
6.4.3 All public statements, information, and press releases relating to Closed
Session items should be handled by the City Attorney or as otherwise
directed by the Council majority.
6.4.4 Closed Session meetings are closed to the public and the press.
6.4.5 Any suspected violation of the confidentiality of a Closed Session
discussion shall be reported to the City Attorney. "Confidential
information" means a communication, verbal or written, made in Closed
Session that is specifically related to the legal basis for conducting the
Closed Session.
6.5 Special and Emergency Meetings
6.5.1 Pursuant to the Ralph M. Brown Act, the Council may also hold special or
emergency meetings as deemed necessary.
6.6 Meeting Agendas
6.6.1 Preparation of Agendas
6.6.1.1 Council agendas and supporting information are prepared by
the City Manager and City Clerk.
6.6.1.2 For Council advisory bodies and Councilmember committees,
agendas and supporting information are prepared by the
supporting City department to the Council advisory body or
Councilmember committee as directed by the City Manager.
6.6.2 Placing Items on Agendas
6.6.2.1 Council Agendas
6.6.2.1.1 The City Manager determines, in consultation with
the Mayor, which items are placed on the agenda
and the timing for scheduling such items.
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6.6.2.1.2 A Councilmember's request for an item to be
agendized will be done as an action item with
support work of up to one hour by staff. If more
than one hour of work is required, then the item
will be agendized to ask Council if time should be
spent on preparing a full report on the proposed
agenda item.
6.6.2.1.3 Any person may request placement of a matter on
the Council agenda by submitting a written request
with the agreement of a sponsoring
Councilmember.
6.6.2.2 Council Advisory Body and Councilmember Committee
Agendas
Agenda items for Council advisory bodies and Councilmember
committees must originate with the Council or as permitted
under City Council Policy A-23, Work Item Referral Process for
Council Advisory Bodies and Councilmember Committees.
6.6.3 Order of Agenda Items
The Council shall conduct business in the following order, except as the
order may be adjusted pursuant to City Council Policy A-13, City Council
Meetings.
1. Call to Order/Pledge of Allegiance
2. Roll Call
2A. Proclamations/Presentations
3. Minutes Approval
4. Consent Calendar
The consent calendar includes all matters of a routine or
noncontroversial nature. All items on the consent calendar are
approved by a single motion and vote. Any item on the consent
calendar can be removed at the request of any member of the
Council, City staff, or member of the audience when properly
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recognized by the Mayor. Any items removed are considered
separately by the City Council after the consent calendar.
5. Oral Communications from the Public
This is the portion of the Council meeting devoted to oral
presentations to the Council by members of the public. During this
time, a speaker may address the Council on any issue which does not
appear on the printed agenda.
In most instances, speakers will be limited to three minutes in
addressing the City Council.
Members of the Council shall not engage in debate with a member of
the public or respond to issues/ questions raised during this portion
of the meeting.
No person who addresses the Council shall make any belligerent,
personal, slanderous, threatening or abusive remark, statement, or
commentary toward the Council, staff or other individuals in a
manner which disrupts, disturbs, or otherwise impedes the orderly
conduct of the Council meeting, nor shall any person engage in any
disorderly conduct which disrupts or impedes the orderly conduct of
the meeting. Any violation of this rule shall be grounds for
terminating the speaker's comment period. Continued inappropriate
behavior or comments, after having been directed to discontinue,
shall be grounds for removal from the meeting.
Nothing in this section shall prohibit or discourage orderly criticism
of any City decision or policy within the limits of State or Federal law
or these rules.
6. Public Hearings
During this portion of the meeting, public hearings are conducted on
all matters that have been properly and legally noticed as public
hearings. Any issue scheduled for a public hearing will provide the
proponents and opponents of the issue with the opportunity to
express their points of view to the City Council. After all views have
been expressed, the Mayor will close the public hearing, invite
Council to discuss the matter and ask Council to render its decision
on that matter.
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7. Unfinished Business
These are items of business which, for a variety of reasons, are
carried over from a previous meeting and require final Council
action.
8. New Business
This portion of the meeting is devoted to discussion or consideration
of items of business that have not previously been before the City
Council.
9. Items Initiated by Council
Under this item, any Councilmember may bring before the Council
for consideration any item he or she believes should be considered
by the Council.
10. Council, Staff/Committee Reports
Councilmembers may provide a brief report on their activities,
including reports on their committee activities, reports on inquiries
they have received from any member, or the Council itself may
provide a reference to staff or other resources for factual information,
request staff to report back to the Council at a subsequent meeting
concerning a matter, take action to direct staff to place a matter of
business on a future agenda, or refer a work item to a Council
advisory body or Councilmember committee.
11. Closed Session Report
The City Attorney will announce any reportable Closed Session
actions taken by the City Council.
12. Adjournment
6.6.4 Order of Agenda Items for Council Advisory Bodies and Councilmember
Committees
The order of agenda business items for all boards, commissions, and
committees and Councilmember committees shall be the same as the
order of Council agenda business items.
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6.7 Rules of Procedure
6.7.1 City Council Policy A-13, City Council Meetings, provides general
guidance for the conduct of Council meetings. From time to time, the
Council may depart from its specific requirements for the convenience of
the public, Council consideration and debate, or to expedite the
processing of business. The Council by majority vote, however, may at
any time reinvoke Policy A -13's specific requirements.
6.7.2 In instances not addressed by the rules provided in City Council Policy A-
13, City Council Meetings, The Modern Edition of Robert's Rules of Order
may be used for reference and/or guidance.
6.8 Decorum
6.8.1 While the City Council is in session, all persons shall conduct themselves
with reasonable decorum.
6.8.2 Any person who is so disorderly or who so persistently disrupts the
business meeting so far as to interfere with the proper conduct of the
business may be ordered removed from the meeting place. At such time,
the Mayor may call a recess.
6.8.3 The Police Chief or authorized representative shall be sergeant at arms of
the Council meeting. The sergeant at arms shall carry out all orders and
all instructions of the presiding officer for the purpose of maintaining
order and decorum at Council meetings.
6.9 Time of Adjournment
It is the policy of the City that all evening meetings of the Council, including Study
Sessions, be adjourned no later than 10:00 p.m., which time is referred to as the
normal time of adjournment. No new item of business shall be taken up by the
City Council after the normal time unless the Council has determined by majority
vote to set aside this policy. In the event it appears that the entire agenda cannot
be completed by the normal time of adjournment, the Council may take up and act
upon the more pressing agenda items. All agenda items not considered at the
meeting shall be on the agenda of the next regular, special, or adjourned regular
meeting unless the Council directs otherwise.
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6.10 Agenda Packets
6.10.1 Agenda packets are to be made available at the City Clerk's Office, the
Mountain View Public Library, the City's web site
(www.mountainview.gov), and at the Council meeting.
Council meeting agendas, minutes, and staff reports are generally
available beginning the Thursday evening before each Council meeting.
NOTE: Also refer to City Council Policy A-13, City Council Meetings.
This policy sets forth the rules of procedure for the conduct of City
business.
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CHAPTER 7
COUNCIL FINANCIAL MATTERS
7.1 Compensation
7.1.1 Pursuant to Article V, Section 503 of the Mountain View City Charter,
each Councilmember will receive a monthly salary. The amount is the
salary limit established by the State Legislature for members of the City
Council of general law cities having a population range within which the
City of Mountain View falls, as specified in California Government Code
Section 36516(a).
7.1.2 The Mayor receives a monthly salary equal to the salary of a
Councilmember plus an additional 25 percent.
7.1.3 The City Council has no power to increase its salary by ordinance,
resolution, or motion.
7.1.4 Section 503 of the Mountain View City Charter stipulates that "if a
member of the City Council, or Mayor, does not attend all meetings of the
City Council or Study Sessions called on order of the City Council and
held during the month, that person's salary for such month shall be
reduced by the sum of Twenty -Five Dollars ($25) for each meeting or
Study Session not attended unless that person is absent on official duty
with the consent of or on order of the City Council."
7.2 Benefits
7.2.1 The California Government Code provides that Councilmembers may
receive health, retirement, and other benefits.
7.2.2 City -funded medical, dental, and life insurance plan benefits are
provided.
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7.3 City Council Budget and Expenses
7.3.1 City Council Policy A-2, City Council Policy Governing Expenses of the
Council, provides policy guidance regarding Council expenditures for
equipment, supplies and communications; travel; local expenses; and
expenses charged against the City Council budget.
NOTE: Also refer to City Council Policy A-2, City Council Policy
Governing Expenses of the Council. This policy sets forth the policies
governing expenses of the City Council.
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Attachment 1 to
City Council Code of Conduct
CITY OF MOUNTAIN VIEW
CITY COUNCIL
PERSONAL CODE OF CONDUCT
PREAMBLE
The residents and businesses of Mountain View are entitled to have fair, ethical, and
accountable local government. Such a government requires that public officials:
• Comply with both the letter and the spirit of the laws and policies affecting
operations of the government.
• Be independent, impartial and fair in their judgment and actions.
• Use their public office for the public good, not for personal gain.
• Conduct public deliberations and processes openly, unless legally confidential, in
an atmosphere of respect and civility.
To this end, the Mountain View City Council has adopted this Code of Ethics to
encourage public confidence in the integrity of local government and its fair and
effective operation.
City Councilmembers shall sign this Personal Code of Conduct upon assuming office
and upon reelection to that office as a symbol of each Councilmember's continuing
commitment to abide by the principles of this code.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern,
Councilmembers shall work for the common good of the people of Mountain View
and not for any private or personal interest, and they will endeavor to treat all
persons, claims, and transactions in a fair and equitable manner.
2. Comply with the Law
Councilmembers shall comply with the laws of the nation, the State of California,
and the City in the performance of their public duties. These laws include, but are
not limited to: the United States and California constitutions; the Mountain View
City Charter; laws pertaining to conflicts of interest, election campaigns, financial
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disclosures, employer responsibilities, and open processes of government; and
City ordinances and policies.
3. Conduct of Members
Councilmembers shall refrain from abusive conduct, personal charges, or verbal
attacks upon the character or motives of other members of the City Council,
boards, commissions, committees, staff, or the public.
4. Respect for Process
Councilmember duties shall be performed in accordance with the processes and
rules of order established by the City Council.
5. Conduct of Public Meetings
Councilmembers shall inform themselves of public issues, listen attentively to
public discussions before the body, and focus on the business at hand.
6. Decisions Based on Merit
Council decisions shall be based upon the merits and substance of the matter at
hand.
7. Communication
It is the responsibility of Councilmembers to publicly share substantive
information that is relevant to a matter under consideration that they have
received from sources outside of the public decision-making process with all other
Councilmembers.
8. Coordination with City Staff
Appropriate City staff should be involved when Councilmembers meet with
officials from other agencies and jurisdictions to ensure proper staff support as
needed and to keep staff informed.
9. Disclosure of Corruption
All City officials shall take an oath upon assuming office, pledging to uphold the
constitution and laws of the City, the State, and the Federal government. As part
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of this oath, officials commit to disclosing to the appropriate authorities and/or to
the City Council any behavior or activity that may qualify as corruption, abuse,
fraud, bribery, or other violation of the law.
10. Conflict of Interest
In order to assure their independence and impartiality on behalf of the public
good, Councilmembers shall not use their official positions to influence
government decisions in which they have a financial interest or where they have
an organizational responsibility or a personal relationship that would present a
conflict of interest under applicable State law.
In accordance with the law, members shall file written disclosures of their
economic interest and if they have a conflict of interest regarding a particular
decision, refrain from participating in that decision unless otherwise permitted by
law.
11. Gifts and Favors
Councilmembers shall not take advantage of services or opportunities for personal
gain by virtue of their public office that are not available to the public in general.
They 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 being compromised.
12. Confidential Information
Councilmembers shall respect and preserve the confidentiality of information
provided to them concerning the confidential matters of the City. They shall
neither disclose confidential information without proper legal authorization nor
use such information to advance their personal, financial, or private interests.
13. Use of Public Resources
Public resources not available to the general public (e.g., City staff time,
equipment, supplies, or facilities) shall not be used by Councilmembers for private
gain or personal purposes.
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Attachment 1 to
City Council Code of Conduct
14. Representation of Private Interests
In keeping with their role as stewards of the public trust, Councilmembers shall
not appear on behalf of the private interests of a third -party before the City
Council or any board, commission, or committee or proceeding of the City.
15. Advocacy
To the best of their ability, Councilmembers shall represent the official policies and
positions of the City Council. When presenting their personal opinions or
positions, members shall explicitly state that they do not represent the Council or
the City.
16. Improper Influence
Councilmembers shall refrain from using their position to improperly influence
the deliberations or decisions of City staff, boards, commissions, or committees.
17. Policy Role of Members
Councilmembers shall respect and adhere to the Council -Manager structure of
Mountain View City government as provided in State law and the City Charter.
18. Positive Work Environment
Councilmembers shall support the maintenance of a positive and constructive
environment for residents, businesses, and City employees.
19. Implementation
Ethics standards shall be included in the regular orientations for City Council
candidates. Councilmembers entering office shall sign a statement affirming they
read and understood the City of Mountain View's City Council Code of Ethics.
20. Compliance and Enforcement
Councilmembers 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.
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Attachment 1 to
City Council Code of Conduct
This Personal Code of Conduct shall be considered to be a summary of the longer City
Council Code of Conduct document. The City Council Code of Conduct document
shall be considered to be the definitive document relating to ethical conduct by
Mountain View City Councilmembers.
I affirm that I have read and understand the City of Mountain View City Council Personal Code
of Conduct.
Signature Date
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Attachment 2 to
City Council Code of Conduct
CITY OF MOUNTAIN VIEW
COUNCIL ADVISORY BODY
PERSONAL CODE OF CONDUCT
PREAMBLE
The residents and businesses of Mountain View are entitled to have fair, ethical, and
accountable local government. Such a government requires that public officials,
including Council advisory body members:
• Comply with both the letter and the spirit of the laws and policies affecting
operations of the government.
• Be independent, impartial, and fair in their judgment and actions.
• Use their public office for the public good, not for personal gain.
• Conduct public deliberations and processes openly, unless legally confidential, in
an atmosphere of respect and civility.
To this end, Council advisory body members are expected to adhere to the Code of
Conduct adopted by the Mountain View City Council to encourage public confidence in
the integrity of local government and its fair and effective operation.
Council advisory body members shall sign this Personal Code of Conduct at the first
meeting of the board, commission, or committee upon assuming office and, if
applicable, upon reappointment to the board, commission, or committee as a symbol of
each Council advisory body member's commitment to abide by the principles of this
code during his or her term.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern,
Council advisory body members shall work for the common good of the people of
Mountain View and not for any private or personal interest, and they will
endeavor to treat all persons, claims, and transactions in a fair and equitable
manner.
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2. Comply with the Law
Council advisory body members shall comply with the laws of the nation, the State
of California, and the City in the performance of their public duties. These laws
include, but are not limited to: the United States and California Constitutions; the
Mountain View City Charter; laws pertaining to conflicts of interest, election
campaigns, financial disclosures, employer responsibilities, and open processes of
government; and City ordinances and policies.
3. Conduct of Council Advisory Body Members
Council advisory body members shall refrain from abusive conduct, personal
charges, or verbal attacks upon the character or motives of Councilmembers; other
members of the Council advisory body; other boards, commissions, or committees;
staff; or the public.
4. Respect for Process
Council advisory body member duties shall be performed in accordance with the
processes and rules of order established by the City Council.
5. Conduct of Public Meetings
Council advisory body members shall inform themselves of public issues, listen
attentively to public discussions before the body, and focus on the business at
hand.
6. Decisions Based on Merit
Council advisory body members shall base their decisions upon the merits and
substance of the matter at hand.
7. Communication
It is the responsibility of Council advisory body members to publicly share
substantive information that is relevant to a matter under consideration that they
have received from sources outside of the public decision-making process with all
other Council advisory body members.
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Attachment 2 to
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8. Coordination with City Staff
Appropriate City staff should be involved when Council advisory body members
meet with officials from other agencies and jurisdictions to ensure proper staff
support, as needed, and to keep staff informed.
9. Disclosure of Corruption
All City officials shall take an oath upon assuming office, pledging to uphold the
Constitution and laws of the City, the State, and the Federal government. As part
of this oath, officials commit to disclosing to the appropriate authorities and/or to
the City Council any behavior or activity that may qualify as corruption, abuse,
fraud, bribery, or other violation of the law.
10. Conflict of Interest
In order to assure their independence and impartiality on behalf of the public
good, Council advisory body members shall not use their official positions to
influence government decisions in which they have a financial interest or where
they have an organizational responsibility or a personal relationship that would
present a conflict of interest under applicable State law.
In accordance with the law, members shall file written disclosures of their
economic interest and if they have a conflict of interest regarding a particular
decision, refrain from participating in that decision unless otherwise permitted by
law.
11. Gifts and Favors
Council advisory body members shall not take advantage of services or
opportunities for personal gain by virtue of their public office that are not available
to the public in general. They 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 being compromised.
12. Confidential Information
Council advisory body members shall respect and preserve the confidentiality of
information provided to them concerning the confidential matters of the City.
They shall neither disclose confidential information without proper legal
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Attachment 2 to
City Council Code of Conduct
authorization nor use such information to advance their personal, financial, or
private interests.
13. Use of Public Resources
Public resources not available to the general public (e.g., City staff time,
equipment, supplies, or facilities) shall not be used by Council advisory body
members for private gain or personal purposes.
14. Representation of Private Interests
In keeping with their role as stewards of the public trust, Council advisory body
members shall not appear on behalf of the private interests of a third party before
the City Council or any board, commission, or committee, or proceeding of the
City.
15. Advocacy
To the best of their ability, Council advisory body members shall represent the
official policies and positions of the City of Mountain View. When presenting
their personal opinions or positions, members shall explicitly state that they
represent neither the Council advisory body nor the City.
16. Improper Influence
Council advisory body members shall refrain from using their position to
improperly influence the deliberations or decisions of City staff, boards,
commissions, or committees.
17. Policy Role of Members
Council advisory body members shall respect and adhere to the Council -Manager
structure of Mountain View City government as provided in State law and the City
Charter.
18. Positive Work Environment
Council advisory body members shall support the maintenance of a positive and
constructive environment for residents, businesses, and City employees.
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Attachment 2 to
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19. Implementation
Ethics standards shall be included in the regular orientations for Council advisory
body members. Upon entering office and upon reappointment, Council advisory
body members shall sign a statement affirming they read and understood the City
of Mountain View's City Council Code of Conduct.
20. Compliance and Enforcement
Council advisory body members themselves have the 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.
This Personal Code of Conduct shall be considered to be a summary of the longer City
Council Code of Conduct document. The City Council Code of Conduct document
shall be considered to be the definitive document relating to ethical conduct by
Mountain View City Council advisory body members.
I affirm that I have read and understand the City of Mountain View City Council Code of
Conduct.
Signature Date
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