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HomeMy WebLinkAbout1975 064 CC RESO1975 064 CC RESO;¢fìö¹RESOLUTION NO. 75-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA ADOPTING A CODE OF ETHICS FOR CITY OFFICIALS AND EMPLOYEES THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: 1. Declaration of Policy The proper operation of democratic government requires that public officials and employees be independent, impartial, and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain, and that the public have confidence in the integrity of its government. In recognition of these goals there is hereby estab- lished a Code of Ethics for all officials and employees. The purpose of this Code is to establish ethical standards of conduct for all such officials and employees by setting forth those acts or actions that are incompatible with the best interest of the city and by directing dis- closure by such officials and employees of private financial or other interests in matters affecting the city. The provisions and purpose of this Code and such rules and regulations as may be established are hereby declared to be in the best interests of the City of Baldwin Park. 2. Responsibilities of Public Office Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of the State of California and to carry out impartially the laws of the nation, state, and city and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. 3. Dedicated Service All officials and employees of the city should be loyal to the polit- ical objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rules of work and performance established as the standard for their positions by the appropriate authority. Officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work. 4. Fair and Equal Treatment a. Interest in Appointments. Canvassing of members of the City Council, directly or indirectly, in order to obtain prefer- ential consideration in connection with any appointment to the municipal service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the Council. b. Use of Public Property. No official or employee shall request or permit the use of city-owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such official or employee in the conduct of official business. c. Obligations to Citizens. No official or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen. BIB] 37686-U01 1975-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11122-U03 DO11202-U03 C6-U03 RESO-U03 3/5/2003-U04 ROBIN-U04 1975 064 CC RESO;¢fìö¹Resolution No. 75-64 Page 2 5. Conflict of Interest No City official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper dis- charge of his official duties in the public interest or would tend to im- pair his independence of judgment or action in the performance of his of- ficial duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association. a. Incompatible Employment. No City official or employee shall engage in or accept private employment or render services for private interests when such employment or service is incom- patible with 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. b. Disclosure of Confidential Information. No City of- ficial or employee shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the city. Nor shall he use such in- formation to advance the financial or other private interest of himself or others. c. Gifts and Favors. No City official or employee shall accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to his knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee 1) accept any gift, favor, or thing of value that may tend to influence him in the discharge of his duties, or 2) grant in the discharge of his duties any improper favor, service, or thing of value. d. Representing Private Interests Before City Agencies or Courts. No City official or employee whose salary is paid in whole or in part by the city shall appear in behalf of private interests before any agency of the city. He shall not represent private interests in any action or proceeding against the inter- est of the city in any litigation to which the city is a party. This section shall not apply to any City official or employee with an interest in property used as his personal residence. e. Contracts with the City. Any City official or employee who has a substantial or controlling financial interest in any business entity, transaction, or contract with the city, or in the sate of real estate, materials, supplies, or services to the city, shall make known to the proper authority such interest in any matter on which he may be called to act in his official ca- pacity. He shall refrain from participating in the transaction or the making of such contract or sale. A City official or employee shall not be deemed interested in any contract or purchase or sale of land or other thing of value unless such contract or sale is approved, awarded, entered into, or authorized by him in his official capacity. 6. Political Activity No appointive City official or employee shall use the prestige of his position in behalf of any political party. No appointive City official or employee shall engage in political ac- tivities prohibited by the laws of the State of California, as interpreted and limited by applicable court decisions. No City official or employee, whether elected or appointed, shall promise an appointment to any municipal position as a reward for any po- litical activity. BIB] 37686-U01 1975-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11122-U03 DO11202-U03 C6-U03 RESO-U03 3/5/2003-U04 ROBIN-U04 1975 064 CC RESO;¢fìö¹Resolution No. 75-64 Page 3 7. Compliance with State Law Public officials and employees of the City of Baldwin Park shall comply with applicable provisions of state law relative to conflicts of interest and generally regulating the conduct of public officials and empioyees. 8. Applicability of Code When a City official or employee has doubt as to the applicability of a provision of this Code of Ethics to a particular situation, he should apply to the City Manager's office for an advisory opinion and be quided by that opinion when given. The City official or employee shall have the opportunity to present his interpretation of the facts at issue and of the applicable provision s) of the Code before such advisory decision is made. The City Manager shall, where appropriate, request and receive the advice of the City Attorney before rendering his opinion. This code shall be operative in all instances covered by its provisions except when superceded by an applicable law and legal action is mandatory, or when the application of law is discretionary but determined to be more appropriate or desirable. 9. Sanctions Violation of any provisions of this Code should raise conscientious questions for the City official or employee concerned as to whether voluntary resignation or other action is indicated to promote the best interest of the city. Violation may constitute a cause for suspension, removal from office or employment, or other disciplinary action. The City Clerk shall certify to the adoption of this resolution. APPROVED and ADOPTED this 6th day of August 1975. 7—MAYCTR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on the 6th day of August 1975, by the following vote: AYES: COUNCILMEN KING, WALDO, GREGORY, MC CARON AND MAYOR HAMILTON NOES: COUNCILMEN ABSENT: COUNCILMEN b^S-^^ v^LM^ THELMA L. BALKUS, CITY CLERK BIB] 37686-U01 1975-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11122-U03 DO11202-U03 C6-U03 RESO-U03 3/5/2003-U04 ROBIN-U04