Chapter 2.16 — CODE OF ETHICS

The proper operation of democratic government requires that public officials and employees be independent, impartial, and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public offices not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals there is hereby established a Code of Ethics for all officials and employees, whether elected or appointed, paid or unpaid. The purpose of this Code of Ethics is to establish ethical standards of conduct for all such officials and employees by setting forth those acts or actions which are incompatible with the best interests of the city and by directing the disclosure by such officials and employees of private financial or other interests in matters affecting the city. The provisions and purposes of this Code of Ethics and such rules and regulations as may be established are hereby declared to be in the best interests of the city and for the protection of the public health, safety, and welfare of its citizens. (Ord. 1405 § 1)

Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the constitution of the state and to carry out impartially the laws of the nation, the state, and the city and thus to foster respect for all government. Public officials and employees are bound to observe in their official acts the highest standards of performance and to discharge faithfully the duties of their office, regardless of personal consideration. Recognizing that the public interest must be their primary concern, their conduct in both their official and private affairs should be above reproach. (Ord. 1405 § 1)

• A. All officials and employees of the city owe a duty of loyalty to the political objectives expressed by the electorate and the programs developed by the council to attain those objectives. Appointive officials and employees should adhere to the rules of work and performance established as the standard for their positions by the appropriate authority.

• B. Officials and employees should not exceed their authority, or breach the law, or ask others to do so, and owe a duty to cooperate fully with other public officials and employees, unless prohibited from doing so by law or by the officially recognized confidentiality of their work.

• (Ord. 1405 § 1)

• A. Interest in Appointments. Canvassing members of the council, directly or indirectly, in consideration or in connection with any appointment to the municipal service shall disqualify the candidate for appointment, except with reference to position filed by appointment by the council.

• B. Use of Public Property. No official or employee shall request or permit the use of city-

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City of Oroville, CA

OROVILLE CODE

§ 2.16.040

§ 2.16.050

owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such official or employee in the conduct of official business.

• C. Obligations to Citizens. No official or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.

• (Ord. 1405 § 1)

• A. No councilmember or other official or employee, whether paid or unpaid, shall engage in any business or transaction or have financial or personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties in the public interests or which would tend to impair his or her independence or judgment or action in the performance of his or her official duties. "Personal," as distinguished from "financial," interest shall include an interest arising from blood or marriage relationships or close business associations.

• B. Specific conflicts of interest are enumerated as follows for the guidance of officials and employees:

  1. Incompatible Employment. No councilmember or other official or employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence or judgment or action in the performance of his or her official duties.

  2. Disclosures of Confidential Information. No councilmember or other official or employee, without proper legal authorization, shall disclose confidential information concerning the property, government, or affairs of the city, nor shall he or she use such information to advance the financial or other private interests of him or herself or others.

  3. Gifts and Favors. No councilmember or other official or employee shall accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee accept any gift, favor, or thing of value which may tend to influence him or her in the discharge of his or her duties or grant in the discharge of his or her duties any improper favor, service, or thing of value.

  4. Representing Private Interests Before City Agencies and Courts. No councilmember or other official or employee whose salary is paid in whole or in part by the city shall appear in behalf of private interests before any agency of the city. He or she shall not represent private interests in any action or proceeding against the interests of the city in any litigation to which the city is a party.

A councilmember may appear before city agencies on behalf of constituents in the course of his or her duties as a representative of the electorate or in the performance of public or civic obligations. No official or employee shall accept a retainer or compensation which is contingent upon a specific action by a city agency.

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City of Oroville, CA

ADMINISTRATION AND PERSONNEL

§ 2.16.050

§ 2.16.080

5. Contracts with the City. No councilmember or city official or employee shall have a financial interest in any business transaction or contract with the city or in the sale of real estate, materials, supplies, or services to the city, except as permitted in the conflict of interest statutes of the state, Sections 1090 et seq. of the Government Code.

   6. Disclosures of Interest in Legislation. A councilmember who has a financial or other private interest in any legislation shall disclose on the records of the council or other appropriate authority the nature and extent of such interest.

• C. Any other city official or employee who has a financial or other private interest, and who participates in discussions with, or gives an official opinion to, the council concerning pending litigation, shall disclose on the records of the council or other appropriate authority the nature and extent of such interest.

• (Ord. 1405 § 1)

• A. No appointive official or employee shall orally, by letter, or otherwise, solicit or participate in soliciting any assessment, subscription, or contribution to any political party during working hours on the premises of any governmental property owned by the city and shall at all times conform to the provisions of the Government Code of the state.

• B. No official or employee, whether elected or appointed, shall promise an appointment to any position with the city as a reward for any political activity.

• (Ord. 1405 § 1)

When a councilmember or other official or employee has doubt as to the applicability of a provision of this Code of Ethics to a particular situation, he or she should apply to the council for an advisory opinion and be guided by that opinion when given. Such councilmember or other official or employee shall have the opportunity to present his or her interpretation of the facts at issue and of the applicable provisions of this Code of Ethics before such advisory decision is made. This Code of Ethics shall be operative in all instances covered by the provisions of this chapter, except when superseded by applicable statutory provisions or when the application of a statutory provision is discretionary but determined to be more appropriate and desirable. (Ord. 1405 § 1)

• A. No official or employee shall encourage, make, or accept any ex parte or other unilateral application or communication which excludes the interests of other parties in a matter under consideration when such application or communication is designed to influence the official decision or conduct of the official or other officials, employees, or agencies in order to obtain a more favored treatment or special consideration to advance the personal or private interest of him or herself or others. The purpose of this provision is to guarantee that all interested parties to any matter shall have an equal opportunity to express their interests.

• B. Any written ex parte communication received by an official or employee in a matter where all interested parties should have an equal opportunity for a hearing shall be made a part of

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City of Oroville, CA § 2.16.080

OROVILLE CODE

§ 2.16.120

the record by the recipient.

• C. An oral ex parte communication received under such conditions should be written down in substance by the recipient and also made a part of the record.

• D. A communication concerning only the status of a pending matter shall not be regarded as an ex parte communication.

• (Ord. 1405 § 1)

Public officials and employees, whether appointed or elected, full-time or part-time, paid or unpaid, should conduct their official and private affairs so as not to give a reasonable basis for the impression that any such official or employee can be improperly influenced in the performance of his or her public duties. Such officials or employees should so conduct themselves as to maintain public confidence in their performance of the public trust in the government they represent. They should not be a source of embarrassment to that government and should avoid even the appearance of conflict between their public duties and private interests. (Ord. 1405 § 1)

No person shall be appointed to, or removed from, or in any way favored or discriminated against with respect to, any appointive administrative office because of the person's race, age, religion, national origin, or political affiliation if otherwise qualified for the position or office. This provision shall not be construed to impair administrative discretion in determining the requirements of a position or in a job assignment of a person holding such a position, subject to review by the council.

(Ord. 1405 § 1)

No councilmember or other official or employee, whether paid or unpaid, shall possess any substantial or controlling investment, direct or indirect, in any financial, business, commercial, or other private transaction which creates or may create a conflict with his or her official duties, nor shall he or she invest to such degree in any business regulated or licensed by or doing business with the city in which he or she is employed, or be a party to any transaction on which he or she may be called to make a decision in an official capacity, subject only to the exceptions provided in the conflict of interest sections of the Government Code of the state, Sections 1190 et seq.

(Ord. 1405 § 1)

An official or employee, whether paid or unpaid, who has a direct financial or other interest in any transaction, the disposition of which may be influenced by the officer's or employee's official position or action, shall disclose all sources of income and the nature and extent of any personal interest in such transaction as an official, agent, member, or owner of any business entity or other association which is subject to regulation by the city when such income or interest may represent a substantial conflict of interest with his or her official duties. Such disclosure shall be made on the records of the council or to the appointing authority. Such disclosure may be made

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City of Oroville, CA

ADMINISTRATION AND PERSONNEL

§ 2.16.120

§ 2.16.160

periodically at the times designated for all such classes of officials or employees. Such disclosure shall remove any presumption of a conflict of interest for any transaction where the information disclosed is pertinent.

(Ord. 1405 § 1)

It shall be improper for any former officer or employee to appear as a compensated representative at any time before the council, or any of its agencies, by which he or she was formerly employed in connection with any case or other matter with which such former officer or employee was duly connected in a policy-making capacity while an officer or employee of the city for 6 months following the termination of the officer or employee. Such officer or employee may be released from the obligation imposed by this section upon the submission of a written request to the council in advance of his or her proposed appearance and his or her certification that, while an officer or employee of the city, he or she took no action or obtained no information which would prejudice his or her conduct or presentation, either at the time he or she was an officer or employee, or at the time of the presentation. (Ord. 1405 § 1)

It shall be the duty of municipal employees to answer questions submitted to them by constituted authority which questions may reflect upon the employees' fitness for municipal office or employment. If any city officer or employee, after reasonable notice and opportunity to answer, is called upon or requested to give testimony or to produce evidence upon relevant matters pertaining to his or her office or position in connection with any lawful or constitutional inquiry conducted by the council, the Butte County Grand Jury, any state or federal legislative committee, or the Attorney General of the state, such officer or employee, to the best of his or her ability, shall answer such inquiries or shall submit a statement of reasons for refusal thereof to the council for its consideration. The council, where permitted by law, shall thereafter inform such officer or employee whether or not such officer or employee is required as a condition of continued employment to answer such questions. If the council instructs such officer or employee to answer such questions, and the officer or employee continues to refuse to answer the questions thus propounded, such officer or employee shall resign on the request of the council or shall forfeit his or her position at the suit of the city. Nothing in this provision shall be construed to impair a constitutional or civil right. (Ord. 1405 § 1)

• A. In addition to any other penalties or remedies provided by law, any violation of this Code of Ethics shall constitute a cause for suspension, removal from office or employment, or other disciplinary action after notice and a hearing conducted by the appropriate appointed authority or, in the case of the council, a majority of the council.

• B. If a councilmember misses more than one regular or special meeting per month or dismisses him or herself from a meeting in progress, except for good cause, then disciplinary action may be taken by a majority of the council.

• (Ord. 1405 § 1)

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City of Oroville, CA § 2.16.160

OROVILLE CODE

§ 2.16.160

If any section, subsection, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter, it being hereby expressly declared by the council that this chapter, and each remaining section, subsection, sentence, clause, and phrase of this chapter, would have been prepared, proposed, adopted, approved and ratified, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

(Ord. 1405 § 1)

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City of Oroville, CA

ADMINISTRATION AND PERSONNEL

§ 2.20.010

§ 2.20.020