Alturas Municipal Code Art. VI Code of Ethics

(a) The proper operation of democratic government requires that public officials and public employees be independent, impartial, responsible, and accountable to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office and public employment not be used for personal gain; and that the citizens and businesses of the city have confidence in the integrity of their government.

(b) As used in this article, "city officials and employees" shall mean the following individuals: Mayor; councilmembers; city attorney; city treasurer; planning commissioners; city clerk; police chief; planning director, and public works director.

(c) The following principles are intended to encourage the highest standard of conduct to serve as guidelines for ethical behavior:

(1) Public Interest. Public office and public employment is a trust to be used to advance the public interest, and not to be used for personal gain.

(2) Objective Judgment. Decisions are to be made on the merits, free of partiality or prejudice, and unimpeded by conflicts of interest.

(3) Accountability. Government is to be conducted openly, efficiently, equitably, and honorably so the public can make informed judgments and hold public officials accountable.

(4) Democracy. City officials and employees shall demonstrate honor and respect for democratic principles, and observe the letter and spirit of laws.

(5) Public Trust. City officials and employees shall safeguard public confidence in the integrity of government by upholding the highest standards of personal and professional conduct.

(6) Professional Conduct. City officials and employees shall support the maintenance of a positive and constructive workplace environment and demonstrate a high degree of professionalism when dealing with citizens. The mayor is charged with maintaining order and decorum during public meetings. Subject to the limitations provided in California Government Code § 54954.3(c), a provision of the Brown Act, city officials and employees are encouraged to conduct themselves in a manner that is responsive, respectful and befitting their public position.

(d) The purpose of this article is to establish ethical standards of conduct for city officials and employees by setting forth those acts or actions that are incompatible, inconsistent, or in conflict with the foregoing principles and the best interests of the city.

(Ord. No. 520, § 2, 8-20-2019; Ord. No. 523, § 1, 7-21-2020)

The Political Reform Act, Government Code section 81000 et seq. requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are incorporated by reference.

(Ord. No. 520, § 2, 8-20-2019)

As required by the State of California Fair Political Practice Commission (FPPC), the following are required to file an annual Statement of Economic Interest form 700; mayor, councilmembers; city attorney, city treasurer, and planning commissioners. The following will also be required by the City of Alturas to file an annual Statement of Economic Interest form 700: Assistant finance director; and public works director.

(Ord. No. 520, § 2, 8-20-2019)

Designated employees, members and consultants shall file statements of economic interests with the Alturas City Clerk, who shall be and perform the duties of filing officer for the city.

(Ord. No. 520, § 2, 8-20-2019)

On or before April 1 of each calendar year, all individuals referred to in section 2-44(b) shall file a statement of economic interests covering a disclosure period of January 1 through December 31 of the previous calendar year, except that any such individual who assumed a city office between October 1 and December 31 of the previous year and files a statement of economic interests does need to file a statement of economic interests until the following year.

Every filer assuming office shall file a statement of economic interests within thirty calendar days after assuming office, unless the city official is beginning a new term in the same office.

Every filer who leaves office shall file a statement of economic interests within thirty calendar days of leaving office, unless that city official is assuming another office with the city.

(Ord. No. 520, § 2, 8-20-2019)

City officials and employees are agents of public purpose and hold office or employment 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 the city, and thus to foster respect for all governments. They shall make their decisions and take their actions fairly and impartially and base them on the merits and substance of each matter. They are bound to observe in their official acts, the highest standards of performance and to discharge faithfully the duties of their office and employment, regardless of personal considerations. Recognizing that the public interest must be their primary concern, their conduct in both their official and private affairs should be above reproach.

(Ord. No. 520, § 2, 8-20-2019)

City officials and employees shall not accept more favorable treatment than other residents of the city. Any transactions should be obtained on terms consistent with those available to the general public.

All citizens and businesses in the city are entitled to fair and equal treatment. City officials and employees shall not give preferential consideration or special advantages to any person or organization beyond those that are available to any other person or organization.

(Ord. No. 520, § 2, 8-20-2019)

(a) Incompatible Employment or Service. Because of their uniquely important, visible, and elevated status and responsibilities as elected officials, the mayor and members of the city council, shall not engage in compensated employment or service for the purpose of lobbying for any private person or organization before any local agency (county, city or special district) located in the County of Modoc.

(b) Interest in City Contracts. City officials and employees shall not have a personal investment or monetary interest in any contract made by the city, except contracts relating to the performance of their official city duties.

(Ord. No. 520, § 2, 8-20-2019)

City officials and employees shall respect and maintain the confidentiality of information concerning the property, personnel or affairs of the city. They shall neither disclose confidential information or records without proper and legally required authorization, nor use such information or records to advance their personal, financial or other private interests, or the private gain or advantage of others. Public records may be requested through the city clerk office of records and information consistent with the rights of citizens under the California Public Records Act.

(Ord. No. 520, § 2, 8-20-2019)

City officials and employees shall not use city-owned equipment, automobiles, trucks, instruments, tools, supplies, machines, including computers and related computer systems, or any other item that is the property of the city for other than city business, nor shall city officials and employees allow any unauthorized person or organization to rent, borrow or use any such city resources.

(Ord. No. 520, § 2, 8-20-2019)

The City of Alturas prohibits the employment of a person who is related within the third degree, whether by blood or marriage, to a member of the city council or any elected or appointed department head. This prohibition may be subject to a limited waiver by the city council if it finds by unanimous vote and by reason of an applicant's specific qualifications or unusual circumstances that the best interest of the city would be served by the employment of such person.

(Ord. No. 520, § 2, 8-20-2019)

To the extent not otherwise prohibited by state law, city officials and employees shall not use or threaten to use any official authority or influence to discourage, restrain or interfere with or to effect a reprisal against any person, including, but not limited to, a city official or employee, for the purpose or with the intent of preventing such person from acting in good faith to report or otherwise bring to the attention of the city or other appropriate agency, office or department, any information that, if true, would constitute a gross waste of city funds, a gross abuse of authority, a specified and substantial danger to public health or safety due to any act or omission of an city official or employee, or the use of a city office or position or of city resources for personal gain.

(Ord. No. 520, § 2, 8-20-2019)

(a) This article expresses standards of ethical conduct expected for city officials and employees. As an expression of such standards, this article is intended to be self-enforcing for the most part. City officials and employees themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. It will be most effective when city officials and employees are thoroughly familiar with the expressed standards and embrace them.

(b) A violation of this article shall not be considered and shall not constitute a basis for challenging the validity of any decision by the city council or any other body or agency of the city.

(c) All suspected violations of this article that also pertain to provisions of the Political Reform Act (California Government Code § 81000 et seq.) should be reported to the Fair Political Practices Commission of the State of California.

(d) All suspected violations of this article that may independently constitute criminal offenses, including those outside of the purview of the Fair Political Practices Commission, should be reported to the Office of the Modoc County District Attorney.

(e) Except as otherwise expressly provided by this article or by state law, the following shall constitute the exclusive means and procedures of enforcing the provisions of this article:

(1) Alleged violations of this article committed by a member of the city council or a member of a city planning commission should be reported in writing to the city attorney. Upon receipt of the report, the city attorney shall discuss the matter with the person who is the subject of the allegation, advising such person of the alleged violation and endeavoring to avoid future violations in the event one has occurred.

(2) Alleged violations of this article committed by the city clerk, city treasurer, the city attorney, police chief, and director of public works should be reported in writing to the city council. Upon receipt of the report, the city council shall commence an investigation to determine whether the alleged violation is substantiated. The city council shall discuss the matter with the person who is the subject of the allegation, advising such person of the alleged violation. In the event the city council determines that a violation has occurred, the city council may take appropriate action in accordance with applicable city rules, regulations, and procedures related to employment and/or discipline.

(3) In the event that the city attorney (or his or her designee) determines that a violation of this article has occurred, appropriate documentation should be prepared to memorialize the determination.

(Ord. No. 520, § 2, 8-20-2019)