Loading...
CCP011 Code of EthicsCITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number CODE OF ETHICS 1 of 4 5/4/93 011 Section 1. Policy The proper operation of municipal government requires that public officials be independent, impartial and responsible to the people, that governmental decisions and policy be made in the proper channels of the governmental structure, th at public office not be used for personal gain, and that the public have confidence in the integrity of its government. Section 2. Responsibilities of Public Office Public officials are all elected and appointed officials of the City of San Juan Capistrano. Public officials of the City of San Juan Capistrano are sworn to uphold the Constitution of the United States and the Constitution of the State of California and to carry out the laws of the nation, state and city. Public officials are bound to observe the highest standards of morality and to discharge faithfully the duties of their offices regardless of personal consideration. Public officials should conduct their official and private affairs so as to give the citizens a confidence in their performance and the public trust. There should never be a reasonable basis for the impression that any public official can be improperly influenced in the performance of their public duties. Public officials should not be a source of embarrassment to the City and should avoid even the appearance of conflict between their public duties and private interests. Section 3. Dedicated Service All officials of the City of San Juan Capistrano should be loyal to the political objectives expressed by the electorate and the programs developed to attain those objectives. Officials should not exceed their authority or breach the law or ask others to do so. Full cooperation with other public officials is necessary for the proper operation of the municipality, unless prohibited from so doing by law or by officially recognized confidentiality of their work. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number CODE OF ETHICS 2 of 4 5/4/93 011 Section 4. Obligation for Fair and Equal Treatment Preferential consideration of the request or petition of any individual citizen or group of citizens shall not be given. No person shall receive any special consideration, treatment, or advantage beyond that which is available to any other citizen. Section 5. Use of Public Property and Employees No public official of the City of San Juan Capistrano shall request or perm it the use of City equipment, materials or property for personal benefit or profit, except when such services are available to the general public. No public official shall request or use the time of any City employee during working hours for personal benefit or profit. Section 6. Confidential Information No public official of the City of San Juan Capistrano shall use confidential information acquired by virtue of his or her position for such official=s private gain or advantage or the private gain or advantage of another. No public official of the City of San Juan Capistrano shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the City. Nor shall any public official use such info rmation to advance the financial or other private interest of himself or others. Section 7. Ex Parte Communications All interested parties to any matter shall have equal opportunity to express and represent their interests. Any written ex parte communication received by an official in matters where all interested parties should have an equal opportunity for a hearing shall be made a part of the record by the recipient. A written communication concerning only that status of a pending matter shall not be regarded as an ex parte communication. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number CODE OF ETHICS 3 of 4 5/4/93 011 Section 8. Gifts No public official of the City of San Juan Capistrano shall knowingly receive or accept any gift, including money, service, gratuity, favor, entertainment, hospitality, loan, or any other thing of value from anyone who is doing or is seeking to do business of any kind with the City, whose activities are regulated or controlled by the City, under circumstances from which it reasonably could be inferred that the gift was intended to influence the official in their official duties or was intended as a reward for any official action on their part. Travel and meal expenses provided by other public agencies to which a public official of the City is appointed in his or her official capacity shall not be deemed Agifts@ for purposes of this section. Section 9. Conflict of Interest No public official of the City of San Juan Capistrano shall engage in any business or transaction or shall have a financial interest, direct or indirect, which is incompatible wit h the proper discharge of his official duties or would tend to impair his independence of judgment or action in the performance of his official duties. Any public official who has a substantial financial interest in any business, transaction, or contract with the City, or in the sale of real estate, materials, supplies, or services to the City, shall make publicly known such interest in any matter on which they may be called to act in their official capacity. The official shall refrain from voting upon or otherwise participating in the transaction or the making of such contract or sale. The City Council of San Juan Capistrano shall establish and maintain a list of all public officials of the City of San Juan Capistrano who shall be required to conform to rules and procedures as established by the City for disclosing income and conflict of interest matters. No public official of the City of San Juan Capistrano shall appear on behalf of private interests, other than his or her own, before any agency of the City. Nor shall any public official represent private interests in any action or proceeding against the interests of the City in any litigation to which the City is a party. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number CODE OF ETHICS 4 of 4 5/4/93 011 Section 10. Political Activity No public official shall promise an appointment to any City position as a reward for any political activity. Section 11. Applicability of Code When doubt arises as to the applicability of a provision of this Code to a particular situation, the public official should request an advisory opinion of the City Council or City Attorney as appropriate and be guided by that opinion. This Code shall be operative in all instances covered by its provisions except when superseded by an applicable law or direction of the City Council, or when the law or direction is discretionary but determined to be more appropriate. Section 12. Sanctions Violation of any provisions of this Code should raise conscientious questions for the public official concerned as to whether voluntary resignation or other action is indicate d to promote the best interest of the City. Violation may constitute a cause for censure, suspension, removal from office or other disciplinary action, pursuant to law. ###