CC RES 2012-039 RESOLUTION NO. 2012-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES ADOPTING THE CITY COUNCIL AND COMMIS-
SION/COMMITTEE PROTOCOL.
WHEREAS, on February 21, 2012, the City Council formed the Council Rules
and Protocol Ad Hoc Subcommittee, consisting of Mayor Misetich and Councilwoman
Brooks, which was tasked with the development of a code of conduct or protocol for the
City Council and members of the City's commissions and committees; and,
WHEREAS, the Subcommittee and the City Council have actively sought input
on the proposed City Council and Commission/Committee Protocol from the City's
residents and from members of its advisory boards; and,
WHEREAS, the City Council now desires to adopt the City Council and
Commission/Committee Protocol, based upon this input.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the City Council and Commission/Committee Protocol is hereby
adopted as described in the attached Exhibit `A,' which is made a part hereof by this
reference.
PASSED, APPROVED and ADOPTED this 29th day of May 2012.
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Attest:
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City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2012-39 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on May 29, 2012.
City Clerk
CITY OF RANCHO PALOS VERDES
PROTOCOL FOR ELECTED OFFICIALS
AND APPOINTED BOARDS, COMMISSION
AND COMMITTEE MEMBERS
Resolution No. 2012-39
ADOPTED: May 29, 2012 Exhibit A
Page 1 of 5
CITY OF RANCHO PALOS VERDES
PROTOCOL FOR ELECTED OFFICIALS AND APPOINTED BOARDS, COMMISSION
AND COMMITTEE MEMBERS
Adopted May 29, 2012
I. STATEMENT OF PURPOSE
The purpose of this document is to create a single comprehensive
protocol for the City Council and Members of City Boards, Commissions
and Committees (hereinafter referred to collectively as "Officials") to
ensure the efficient, effective and ethical operation of this municipal
government. As a statement of purpose, this policy also recognizes that
the proper operation of this municipality requires that all of its Officials be
independent and impartial in their judgment and actions; that public office
not be used for personal gain; that the public have confidence in the
integrity of its Officials; and that public deliberations and actions be
conducted in an atmosphere free from personal animosity and hostility.
II. INTRODUCTION
A. Existing State statutes already address many areas of appropriate
conduct. This policy statement is not intended to supersede the State laws with which
City officials must comply, including the Political Reform Act of 1974, Government Code
Section 1090 and the Ralph M. Brown Act.
B. As a matter of practice, this policy should be read and reviewed
periodically by all members of the City Council and by the Members of City
Commissions and Committees.
C. Not all conduct and behavior fit neatly within this Protocol. The rules and
procedures listed herein are designed to clearly define conduct in common situations.
Special circumstances may not be easily resolved by simply referring to this Protocol.
The City Council can provide specific interpretation through review with the City
Attorney, as necessary.
D. In this City's Council/Manager form of government, the City Manager is
the "administrative head" (Municipal Code Section 2.08.070) of the City government
under the direction and control of the City Council. The City Council is the chief policy-
making body of the City. Direction to the City Manager on policy matters and issues
shall occur at regular and/or special sessions by a majority of the City Council.
E. The City historically has recognized the value of municipal organizations
and associations including the League of California Cities, California Contract Cities
Association, South Bay Cities Association, etc., and that Officials should participate in
their meetings and seminars when appropriate.
Resolution No. 2012-39
-1- Exhibit A
Page 2 of 5
III. PROTOCOL FOR OFFICIALS
The proper operation of this local government requires that its public Officials be
independent, impartial and responsible to its residents; that its public Officials strive to
cooperate and work together for the common good of the City; that decisions and policy
be made in the proper channels of the government structure; that public office not be
used for personal gain; and that the public have confidence in the integrity of its public
Officials. In recognition of these goals, the following protocol is hereby prescribed for the
Officials, who shall:
1. At all times during the performance of their City duties, adhere to
their oath of office (Cal. Const. Art. XX Section 3) and comply with
all State ethics laws for public officials.
2. Provide fair and equal treatment for all persons and matters coming
before the City Council, Commissions or Committees. No Official
shall grant any special consideration or advantage to any citizen
beyond that which is available to every other citizen.
3. Be prepared, learn and study the background and purposes of
items that are on the agenda before voting. To the extent possible,
raise any questions pertaining to agenda items with appropriate
City Staff and the City Manager prior to the meeting where the item
will be discussed.
4. Represent and work to protect the rights of all residents of the City,
without favoritism, conflict of interest or for any personal gain.
5. Faithfully perform all duties of office.
6. Refrain from disclosing confidential information that is learned
during a closed session held in accordance with the Ralph M.
Brown Act (Cal. Govt. Code Section 54950, et seq.) of the City
Council or any of the City's Commission's or Committees and
refrain from disclosing information that is subject to the City's
attorney client privilege, unless disclosure is specifically authorized
by a majority vote of the City Council.
7. Refrain from abusive conduct, personal charges or verbal attacks
upon the character, motives, ethics or morals of other members of
the Council, Commissions, Committee Members, City Staff or the
public, or from making other personal comments that are not
germane to the issues before the City Council, Commission or
Committee.
8. Listen carefully, courteously and attentively to all public discussions
at City Council, Commission or Committee meetings and avoid
Resolution No. 2012-39
-2- Exhibit A
Page 3 of 5
interrupting other speakers, including other City Officials, City Staff,
or the public.
9. Foster a positive attitude and constructively foster open
communication in dealing with the public, City staff and all City
Officials. City Officials should keep an open mind in dealing with
issues and attempt to work out solutions and/or compromises that
meet the needs and interests of all parties.
10. Faithfully attend all sessions of the City Council, Commission or
Committee of which the person is a member unless unable to do so
for some compelling reason or disability.
11. Accept as a personal duty the responsibility to conduct this City's
business with professional competence, fairness, impartiality,
efficiency and effectiveness.
12. Advise appropriate City staff when a quorum of the City Council or
a Council standing sub-committee or a quorum of a City
Commission or Committee meets with another governmental
agency's officials, citizen groups, homeowners' associations,
county or contract officials, development applicants, etc., to insure
proper notice of such meetings is given in accordance with the
provisions of the Ralph M. Brown Act. Members of the public may
attend any such meetings.
13. Respect intergovernmental relationships between this City and
other neighboring cities, the County of Los Angeles, the State of
California, and the federal government.
14. Unless authorized to do so by the City Council, refrain from making
statements, either orally or in writing, that assert or would cause a
reasonable person to believe that you are acting on behalf of the
City. Accordingly, if a Official testifies, either orally or in writing,
before an administrative body of a governmental agency outside of
the City, and identifies himself or herself as a Official, that Official
also must state that he or she is not appearing or testifying in any
official capacity and is not representing the views or opinions of the
City; rather, he or she is representing his or her own views as a
private citizen. Other than personal thank you notes, City letterhead
shall not be used without prior City Council approval.
15. Refrain from using of City-owned equipment, materials or property
for personal purposes is prohibited, except when such equipment
or property is available to the public generally or is provided to City
Officials, pursuant to City policy, in the conduct of City business.
Resolution No. 2012-39
-3- Exhibit A
Page 4 of 5
16. Disclose any corruption, fraud, and bribery to appropriate
authorities.
17. Refrain from making, participating in making, or using his or her
official position with the City to influence any governmental decision
directly relating to any person or entity with whom he or she is
negotiating concerning prospective employment or any other
prospective business relationship that will be a source of financial
gain to the Official .
Resolution No. 2012-39
-4- Exhibit A
Page 5 of 5