HomeMy WebLinkAbout20230314_Council Code of Conduct
CITY OF MOUNTAIN VIEW
CITY COUNCIL
CODE OF CONDUCT
ADOPTED
NOVEMBER 19, 2002
REVISED
MARCH 14, 2023
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TABLE OF CONTENTS
Page
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 ................................... 5
2.6 Appointment by Council to Regional Boards ............................................................. 5
CHAPTER 3—LEGAL AND ETHICAL STANDARDS
3.1 Preamble .................................................................................................................... 6
3.2 Public Interest ............................................................................................................ 6
3.3 Conduct ...................................................................................................................... 7
3.4 Conflict of Interest ..................................................................................................... 8
3.5 Compliance and Enforcement—All Rules ................................................................ 17
3.6 Assembly Bill 1234—Required Ethics Training ........................................................ 19
CHAPTER 4—COMMUNICATIONS
4.1 Written Communications ......................................................................................... 20
4.2 Request for Staff Resources ..................................................................................... 20
4.3 Relationship/Communications with Staff ................................................................ 20
4.4 Council Relationship/Communication with Council Advisory Bodies ..................... 21
4.5 Handling of Litigation and Other Confidential Information .................................... 21
4.6 Representing an Official City Position ...................................................................... 22
4.7 Quasi-Judicial Role/Ex Parte Contacts ..................................................................... 22
4.8 No Attorney-Client Relationship .............................................................................. 23
CHAPTER 5—COUNCIL ADVISORY BODIES AND RENTAL HOUSING COMMITTEE
5.1 Boards, Commissions, and Committees Generally .................................................. 24
5.2 Board, Commission, and Committee Organization and Conduct ............................ 24
5.3 Board, Commission, and Committee Appointments ............................................... 25
5.4 Boards, Commissions, and Committees—Vacancy of Office .................................. 26
5.5 Advisory Bodies and Rental Housing Committee—Admonition, Sanction, and
Removal ................................................................................................................... 26
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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
6.5 Special and Emergency Meetings ............................................................................ 30
6.6 Meeting Agendas ..................................................................................................... 30
6.7 Rules of Procedure ................................................................................................... 33
6.8 Decorum ................................................................................................................... 33
6.9 Time of Adjournment ............................................................................................... 34
6.10 Agenda Packets ........................................................................................................ 34
CHAPTER 7—COUNCIL FINANCIAL MATTERS
7.1 Compensation .......................................................................................................... 35
7.2 Benefits .................................................................................................................... 35
7.3 City Council Budget and Expenses ........................................................................... 35
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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 the City Manager’s 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.
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.
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NOTE: See Chapter 4, Communications, for additional information
regarding communications with staff.
1.1.3.5 Neither the Council nor any of the Council’s 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 the Council’s 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 the
City’s 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.
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.
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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. In the case of items where no vote is taken, a brief summary of
direction provided by the Council majority shall also be recorded.
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 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.
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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.
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 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.
2.6 Appointment by Council to Regional Boards
2.6.1 Appointments to regional boards shall terminate upon the expiration of the
Councilmember’s term unless: (1) the Councilmember is reelected and can serve
the full term on the regional board; or (2) action is taken by the Council to
reappoint the individual to the regional board.
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 responsibilities, and open processes of government; and
City ordinances and policies.
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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.
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.
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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 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 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.
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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.
3. An employee may not seek or accept signatures to any petition
for or against any such candidate or issue during the employee’s
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)
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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)
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
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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 PRA created the Fair Political
Practices Commission (FPPC), a five-member State board which
administers the PRA.
The PRA and the regulations are complex and are continuously
subjected to official interpretation. The following synopsis of key parts
of the PRA 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.
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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 the public
official’s agency to any course of
action.
• Enter into any contractual
agreement on behalf of the public
official’s agency.
• Determine not to act in certain
circumstances.
3.4.11.3.1.2 A public official participates in making
governmental decisions when acting
within the authority of the public official’s
position when they do the following:
• Negotiate without significant
substantive review with a
governmental entity or private
person regarding a governmental
decision.
• Advise or make recommendations 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
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— 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 very limited
circumstances. The one that is most commonly
encountered is an appearance by a public official to
represent theirself 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 PRA 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
* The gift limit can be found in Government Code § 89503.
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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 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 PRA 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.
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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.
• 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
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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
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 PRA. 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 § 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.
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3.4.11.6 Appearance of Impropriety
Participation in action or decision-making as a public
official does not implicate the specific statutory criteria
for conflicts of interest; however, if participation still does
not “look” or “feel” right, that public official has probably
encountered the appearance of impropriety.
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 FPPC 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).
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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, 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 Ethics Committee will exclude that individual.
If there is no recent former Mayor available to fill the appropriate seat(s) on the
Ethics 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 Assembly Bill 1234—Required Ethics Training
Assembly Bill (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. It is the City’s policy to emphasize the importance of
ethics in government and, therefore, requires all advisory body members, except for
members of the Youth Advisory Committee, to adhere to the same requirements to receive
reimbursement for necessary traveling and other expenses incurred on official duty when
such expenditures have received authorization by the Council. The training must occur
within two months of assuming office and be renewed within two months of the expiration
of the current certificate.
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.
3.6.1 Enforcement
• Noncompliant Council or advisory body members may not be reimbursed for
conferences, training (except ethics training), or receive Shoreline event
tickets provided through the City’s ticket distribution program at the City’s
expense during the period of noncompliance.
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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 writer 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 City 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 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.
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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 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.
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.
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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, the City Attorney’s 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 the 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 AND RENTAL HOUSING COMMITTEE
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 (also known as the Environmental Planning
Commission). (Section 906)
• Recreation and Parks Commission (also known as the Parks and Recreation
Commission). (Section 909)
• Board of Library Trustees (also known as the Library Board of Trustees).
(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.
5.1.6 The Mountain View City Charter establishes a Rental Housing Committee to be
appointed by the City Council. (Section 1709)
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, Council Advisory Bodies.
5.3.5 Persons being considered for appointment (or reappointment) must be
interviewed at least once to qualify for appointment.
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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, Council
Advisory Bodies, 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 Advisory Bodies and Rental Housing Committee—Admonition, Sanction, and Removal
5.5.1 A majority of the City Council may admonish, sanction, or remove a member of
the advisory body or the Rental Housing Committee (“RHC”) as set forth herein.
5.5.2 Definitions
5.5.2.1 Admonishment
The first level of action is a public reminder or warning typically
directed to all members of the advisory body or the RHC that a
particular type of behavior is in violation of law, City policy, or Code of
Conduct, and that, if the behavior continues, a member of the advisory
body or the RHC could be subject to removal. An admonition may be
issued by the City Council prior to any findings of fact regarding
allegations of wrongdoing. Since an admonition is a warning or
reminder and not punishment or discipline, an investigation or
separate hearing is not necessarily required.
5.5.2.2 Removal
The act of removing a member of the advisory body or the RHC from
the member’s seat so that the seat is vacant. Removal is a punitive
action. The suspension of rights of the member is the penalty imposed
for wrongdoing. Removal is reserved for cases in which the Council
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determines the violation of law or policy is a serious offense warranting
the removal of a member from the advisory body or the RHC.
5.5.2.3 Sanction
The next level of action after an admonition. A sanction is a public
reminder or warning directed at a particular member of the advisory
body or the RHC based on a particular action or set of actions that is
determined to be in violation of law, City policy, or the Code of Conduct
but is considered by the Council to not be sufficiently serious to require
removal. A sanction is distinguished from a removal in that it is not
punishment. A sanction may be issued based upon the Council’s
review and consideration of a written allegation of a policy violation.
As a sanction is not punishment or discipline, an investigation or
separate hearing is not necessarily required. The member accused of
such violation will have the opportunity to provide a written response
to the allegation.
5.5.3 Grounds for admonition, sanction, or removal include, but are not limited to,
absenteeism, failure to meet eligibility requirements, incapacity, violation of law
such as the Political Reform Act, violation of the Code of Conduct, or City policy,
including, but not limited to, the requirements outlined in City Council Policy K-2,
Council Advisory Bodies.
5.5.4 The request for admonition, sanction, or removal may be initiated by two
Councilmembers. The request shall be forwarded to the Mayor, who will meet
with the City Manager and City Attorney to determine whether the complaint can
be resolved informally or if the alleged violation(s) requires further investigation.
The request shall also be sent to the subject member of the advisory body or the
RHC within five (5) business days of receipt.
5.5.5 If the complaint is minor in nature and is deemed to not require further
investigation, the Mayor and either the City Manager or City Attorney may contact
the individual members of the advisory body or the RHC and advise the member
of the concern and seek to resolve the matter.
5.5.6 If the Mayor, City Manager, and City Attorney conclude that the alleged violation
warrants further action, the Mayor shall convene a special ad hoc committee
consisting of the Mayor (who shall serve as Chair), Vice Mayor, and most recent
Mayor, who will meet with the City Manager and City Attorney and appropriate
staff and/or witness(es) to determine how the matter may proceed. If necessary,
the ad hoc committee may select an independent investigator to assist in
conducting the investigation.
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5.5.7 The ad hoc committee, after meeting and investigating the matter if necessary,
shall make a recommendation to the City Council regarding whether an
admonishment, sanction, or removal is warranted or if no further action should
be taken.
5.5.8 Once the ad hoc committee has reached a recommendation, the ad hoc
committee’s written recommendation shall be placed on a future public meeting
agenda. The report of the ad hoc committee shall also be sent to the subject
member of the advisory body or the RHC within five (5) business days of
completion of the written recommendation. If a sanction is proposed, the subject
member of the advisory body or the RHC will have the opportunity to provide a
written response for the Council’s consideration at the scheduled meeting. During
such meeting, the City Council will receive the recommendation of the ad hoc
committee and decide, by a majority vote, whether or not to proceed with the
recommended action or take no further action. If an admonition or sanction is
agreed upon, such admonition or sanction shall be based on a review of the
written record and any information provided as part of the Council meeting,
including any written response to the request of sanction. The Council may issue
such admonition or sanction in the form of a letter at the same meeting.
5.5.9 If, after receiving the ad hoc committee’s report, the Council determines that a
removal may be warranted, a removal hearing shall be placed on a public meeting
agenda at least fourteen (14) days from the meeting at which the Council received
the ad hoc committee’s recommendation in order to give the subject member of
the advisory body or the RHC adequate time to review the allegations and
evidence against the subject member and to prepare for the hearing.
5.5.10 At the removal hearing, the subject member of the advisory body or the RHC will
be provided the opportunity to present evidence, including making opening and
closing statements and calling witnesses on the subject member’s behalf. The
hearing is informal, and the rules of evidence and judicial procedures do not apply.
At a removal hearing, the member of the advisory body or the RHC could question
witnesses. Any questioning or cross-questioning of witnesses may be reasonably
limited by the Mayor.
5.5.11 After the removal hearing, the City Council will determine the action to be taken
by an affirmative vote of at least four (4) members. The City Council may remove
the member of the advisory body or the RHC if it finds substantial evidence
supports the allegations of misconduct giving rise to the removal. The decision to
either remove a member of the advisory body or the RHC shall be memorialized
by findings adopted in a resolution. The City Council may also determine a lesser
action is warranted as provided in this procedure.
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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 Council Regular 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 person the intent or substance of any discussion that takes
place in a Closed Session unless authorized by a majority of the Council.
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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 Meetings
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.
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
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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
3. Presentations
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 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.
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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 the Council to discuss the matter, and ask the
Council to render its decision on that matter.
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 the Councilmember believes should be considered
by the Council.
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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.
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 Council 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, Rosenberg’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 The presiding officer may remove or cause the removal of any individual(s) for
disrupting a meeting in accordance with California Government Code Section
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54957.95, as may be amended from time to time. The presiding officer shall call
a recess until such time as the individual(s) have been removed and the meeting
can resume without disruption.
6.8.3 In accordance with California Government Code Section 54957.9, as may be
amended from time to time, the Council may order a meeting room cleared and
continue in session in the event a meeting is willfully interrupted by a group or
groups of persons so as to render the orderly conduct of the meeting impossible
and order cannot be restored by the removal of individuals who are disrupting the
meeting.
6.8.4 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.
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 website (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.
7.1.2 The Mayor receives a monthly salary equal to the salary of a Councilmember plus
an additional 25%.
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.
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.
Attachment 1 to
City Council Code of Conduct
CLK/6/Council Code of Conduct CITY COUNCIL
428-03-14-23CoC Page 1 of 4 PERSONAL 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 disclosures, employer
responsibilities, and open processes of government; and City ordinances and policies.
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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 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
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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.
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.
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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.
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
Attachment 2 to
City Council Code of Conduct
CLK/6/Council Code of Conduct COUNCIL ADVISORY BODY
428-03-14-23CoC Page 1 of 5 PERSONAL 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 the Council advisory
body member’s 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.
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
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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.
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
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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 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.
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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.
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.
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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