CC Resolution No. 20-011 Adopting the City of Cupertino Ethics Policy RESOLUTION NO. 20-011
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING THE CITY OF CUPERTINO ETHICS POLICY
WHEREAS, the City Council of the City of Cupertino has determined that
an Ethics Policy benefits the public by increasing public confidence in the integrity
of local government and its effective and fair operations; and
WHEREAS, the Cupertino Ethics Policy will guide the conduct of the City
Council, officials appointed by the Council, and City staff(collectively "public
officials") and support their independent, impartial, and fair decision-making and
execution of policy; and
WHEREAS, City Council wishes to maintain an atmosphere of respect and
civility in the performance of City affairs and public business.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
adopt the attached "City of Cupertino Ethics Policy"
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21s' day of January, 2020, by the following vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks
NOES: None
ABSENT: Willey
ABSTAIN: None
SIG D:
rX l 20
Steven Scharf,Mayor Date
City of Cupertino
ATTEST:
ten Squarcia, City-clerk' Date
CITY OF CUPERTINO ETHICS POLICY
The citizens, businesses, and organizations of the City are entitled fair, ethical, and
accountable local government that has earned the public's full confidence for integrity.
To this end,the City Council has adopted this Ethics Policy for City Council,appointed
officials, and staff of the City of Cupertino to promote public confidence in the
integrity of local government and its effective and fair operation.
A. Comply with Law
City elected/appointed officials and staff 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 Cupertino Municipal Code, City ordinances and policies, and
laws pertaining to conflicts of interest,election campaigns, financial disclosures,
employer responsibilities and open processes of governments. The City ensures
its elected/appointed officials and staff receive regular training on ethics as
required by state law.
B. Conduct of Members
The professional and personal conduct of City elected/appointed officials and
staff should be respectful of others,recognizing that individuals can respectfully
disagree with each other.City elected/appointed officials and staff should refrain
from abusive conduct,personal charges, or verbal attacks upon the character or
motives of others, including members of the Council,boards and commissions,
the staff, or the public.
C. Respect for Process
City elected/appointed officials and staff perform their duties in accordance with
various processes and rules of order established from time to time by the City
Council governing the deliberation of public policy issues, conduct of quasi-
judicial proceedings,meaningful involvement of the public, and implementation
of policy decisions of the City Council by City staff.
D. Decisions Based on Merit
City elected/appointed officials and staff make their decisions in the best interest
of the City,which might include relevant policy considerations,rather than on
unrelated considerations.
E. Conflict of Interest
The City’s ethics policy regarding conflicts of interest is to comply with all
applicable ethics rules in the State of California. This Policy is not intended to go
beyond or expand upon those rules. In general, in order to assure their
independence and impartiality on behalf of the common good, City
elected/appointed officials and staff do not use their official positions to
participate in or influence decisions in which they have a material financial
interest, an organizational responsibility, or a close familial or embroiled personal
relationship.
F. Gifts and Favors
City elected/appointed officials and staff limit and report gifts as required by state
law, and follow advice provided by the City Attorney.
G. Confidential Information
City elected/appointed officials and staff respect the confidentiality of information
concerning the property, personnel, and affairs of the City. They neither disclose
confidential information without proper legal authorization, nor use such
information to advance their personal, financial or other private interests.
H. Use of Public Resources
City elected/appointed officials and staff do not use public resources, such as City
staff time, equipment, supplies or facilities, for private gain or personal/political
purposes (except to the extent those resources are available to the public
generally).
I. Representing the City & Advocacy
When formally authorized to represent and/or advocate for the official policies or
positions of the City, elected/appointed officials and staff must do so accurately
and in a limited fashion that does not go beyond the scope of their authority. By
contrast, when City elected/appointed officials and staff are presenting their
individual opinions and positions on issues potentially relevant to the City, they
must explicitly state they do not represent their body or the City and must not
allow any inference that they do.
J. Positive Work Place Environment
City elected/appointed officials and staff support the maintenance of a positive
and constructive work place environment for City employees and for citizens
and businesses dealing with the City. City elected/appointed officials recognize
their special role in dealings with City staff, taking care not to create any
perception of inappropriate direction to staff.