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The purpose of this Code of Ethics and Conduct is to:
(A) Encourage high ethical standards in official conduct by city officials;
(B) Establish guidelines for ethical standards of conduct of city officials;
(C) Require disclosure consistent with state law by city officials of private financial or other economic interests in matters affecting the city; and
(D) Act as a reminder of each city official’s duty to: (1) serve the best interests of community to the best of their ability; (2) be independent, impartial and responsible; (3) use resources with efficiency and economy; (4) treat all people fairly; (5) use the power of their position appropriately for the well-being of their constituents; and (6) create an environment of honesty, openness and integrity.
(Ord. 3348 § 1, 2022; Ord. 3078 § 1 (part), 2011.)
The provisions of this Code of Ethics and Conduct apply to all elected or appointed city officials as defined in this code. Notwithstanding anything herein to the contrary, state law, such as the Political Reform Act and Cal. Gov’t Code § 1090, shall be controlling in the event of an actual conflict with the provisions of this Code of Ethics and Conduct. This Code of Ethics and Conduct shall be interpreted to supplement, and not replace, any applicable provisions of state and federal law.
(Ord. 3348 § 1, 2022; Ord. 3078 § 1 (part), 2011.)
Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:
(A) “Brown Act” means the Ralph M. Brown Act, found at Cal. Gov’t Code §§ 54950 et seq.
(B) “City official or official” means, unless otherwise expressly defined herein, members of the City Council, the elected City Treasurer, and all individuals appointed by the Mayor and/or City Council, as appropriate, to city boards, commissions and committees.
(C) "Code of Ethics and Conduct" means this Chapter 2.09, including the administrative policy provided for in Section 2.09.050 below.
(D) “Immediate family” means a spouse, registered domestic partner, dependent children, parents and siblings.
(E) “Government Code Section 1090" shall mean Cal. Gov’t Code §§ 1090 et seq. as such provisions exist at the time of the adoption of this Code of Ethics, or as may be amended from time to time.
(F) “Political Reform Act” shall mean the Political Reform Act of 1974, found at Cal. Gov’t Code §§ 81000 et seq., as such provisions exist at the time of the adoption of this Code of Ethics, or as may be amended from time to time.
(G) “Public Records Act” means the Public Records Act, found at Cal. Gov’t Code §§ 6250 et seq.
(Ord. 3348 § 1, 2022; Ord. 3078 § 1 (part), 2011.)
All city officials shall conduct themselves in accordance with the following ethical standards, as determined in accordance with applicable federal and state law:
(A) Conflicts of interest. ln addition to not violating applicable federal, state and local laws, in order to assure independence and impartiality on behalf of the common good and encourage compliance with conflict of interest laws, city officials shall use their best efforts to refrain from also creating even an appearance of impropriety in their actions and decisions. A city official shall not, in a manner which violates the Political Reform Act, Cal. Gov’t Code § 1090, or any other applicable provision of federal, state and local laws, regulations or policies, make, participate in making, or in any way attempt to use his or her official position to influence a governmental decision in which the official knows, or has reason to know, he or she has a financial interest. Moreover, a city official shall not participate in any quasi-adjudicative decision in which they have exhibited an actual bias that would result in a common law conflict of interest and in the denial of due process under applicable federal or state law.
(B) Use of public resources and funds. A city official shall not use or expend public funds or resources which are not available to the public in general (e.g., city staff time, equipment, supplies, or facilities) for private purposes or personal economic gain, as opposed to for the general welfare of the public.
(C) Property disposition. A city official shall not dispose of public property except in accordance with applicable state law.
(D) Confidential information. A city official shall maintain the confidentiality of all written materials and verbal information marked or treated as confidential or privileged by appropriate city officials or employees. For example, a city official shall not disclose confidential or other information subject to a privilege or not made available to the general public under the Brown Act, the Public Records Act or other applicable law, unless directed to do so by an express vote of the City Council.
(E) Information used for personal gain. A city official shall not directly or indirectly make use of, or permit others to make use of, for personal gain, confidential or other information subject to a privilege or not made available to the general public under the Brown Act, the Public Records Act or other applicable law.
(F) Coercive use of position. A city official shall not use his or her city position in any way to coerce, or give the appearance of coercing, another person to provide any economic benefit that violates the Political Reform Act, Cal. Gov’t Code § 1090 or other applicable law.
(G) Acquisition of goods or services. A city official shall not order any goods and services for the city without proper prior authorization for such an expenditure. No city official shall attempt to obligate the city or give the impression of obligating the city without proper prior authorization.
(H) Travel reimbursement. A city official shall follow the Travel, Meeting and Reimbursement Regulations adopted by the City Council in Administrative Policy § 100.13 (most recently adopted on February 18, 2009).
(I) Influencing court, legislative or other proceedings. Without prior authorization by a majority vote of the City Council, no city official shall use his or her city position, or otherwise invoke the name of the city in any manner that could be perceived to be a representative capacity, to influence or attempt to influence the outcome of a case or other matter before a federal or state court, or other official legislative, administrative or legal body or officer.
(J) Local one-year ban. A city official shall not accept compensation for influencing city administrative, legislative or other actions for a period of one year after leaving office or employment, in accordance with Cal. Gov’t Code § 87406.3.
(K) Appointment of family members. City Council members shall not appoint or nominate for appointment members of their immediate family to positions on any city boards, commissions or committees.
(Ord. 3348 § 1, 2022; Ord. 3078 § 1 (part), 2011.)
The City Council shall adopt an administrative policy outlining a Code of Conduct for Elected and Appointed Officials, which policy shall be deemed to be incorporated herein by reference. The administrative policy can be found at the following link: https://atwork.coronaca.gov/home/showpublisheddocument/2880/637901304941430000
(Ord. 3348 § 1, 2022; Ord. 3078 § 1 (part), 2011.)
(A) City officials themselves have the primary responsibility to ensure they understand and adhere to ethical standards, and that the public can continue to have full confidence in the integrity of government. The Mayor and Council Members have additional responsibility to intervene when actions of officials that appear to be in violation of this Code of Ethics and Conduct are brought to their attention.
(B) City officials who intentionally and repeatedly do not follow proper conduct as outlined in this Code of Ethics and Conduct are subject to one or more of the following:
(1) Public reprimand or censure by the City Council;
(2) Loss of committee, commission or other assignments (both within the city or other intergovernmental agencies);
(3) Removal from appointed office by the City Council;
(4) Loss of appointment or removal from the Vice Mayor or Mayor position; or
(5) Other sanctions as deemed appropriate by a majority vote of the City Council.
(C) City officials should point out to the offending official any infractions of the Code of Ethics and Conduct. If the offenses continue, then the alleged violations should be referred to the Mayor. Once it is brought to the attention of the Mayor, it is the responsibility of the Mayor to initiate action if a city official's behavior may warrant sanction. If no action is taken by the Mayor, or the Mayor is the individual whose actions are being challenged, then the alleged violation(s) can be brought up by any official with the full City Council in a public meeting. If violation of the Code of Ethics and Conduct is outside of the behaviors observed by the City Council, then subsequent investigation should be referred by the City Council to the City Manager to undertake appropriate action.
(Ord. 3348 § 1, 2022; Ord. 3078 § 1 (part), 2011.)