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Cupertino Ethics Policy (Resolution No. 20-011)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.