HomeMy WebLinkAboutEthics Policy City Staff and Officials CITY OF PALM DESERT
REQUEST FOR CITY COUNCIL ACTION
TO: City Manager, Members of the City Council
FROM: Dave Millheim, Director of Human Resources
DATE: July 28, 1993
SUBJECT: ETHICS POLICY
RECOMMENDATION
By minute motion, adopt the attached Ethics Policy for City Staff
and City Officials .
BACKGROUND
A few months ago, staff formed a task force to create an ethics
policy for city staff and city officials . Even though there has
been no problem in this area, staff felt that a simple policy like
the one attached would achieve two purposes . First, it would send
a clear message to the community of the high standards which can be
expected from those serving the City of Palm Desert. Second, it
would aid staff and officials in having a easy to use guide as
related to the Fair Political Practices Act thus avoiding potential
conflicts of interest. The process of creating this policy was a
worthwhile and educational effort for all involved.
The Ethics Task Force included Steve Buchanan, Agnes Flor, Dick
Folkers, Sheila Gilligan, Dave Millheim, Carlos Ortega, Doug
Phillips, Ken Weller and Roy Wilson.
Respectfully submitted, Revi a d Concur,
Dave Millheim ruce Altman
Director of Human Resources City Manager
CITY COUNCIL CTION:
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SUBJECT: ETHICS POLICY DATE: July 30, 1993
PAGE: 1 OF 4
1. PURPOSE
It is the purpose of this document to describe general standards for City Employees
and City Officials regarding ethical action and behavior during the performance of
City business.
2. POLICY STATEMENT
All employees are expected to conduct business according to the highest ethical
standards of conduct. As stewards of the public trust, the City also expects its
employees to be fair and honest to avoid situations which could give an impression
of impropriety, unfairness, dishonesty or misconduct.
3. DEFINITIONS
For the use of this document the following definitions are used:
3.1 "Employee" is defined as a person currently employed either part-time
or full-time, or those on leaves of absence. Employee does not include
applicants for employment, designated agents or other persons.
3.2 "City Official" is defined as a City Councilmember or any person
appointed to serve on any of the City's Boards or Commissions. Unless
stated otherwise, a City Official is considered to be an employee.
4. GENERAL PRINCIPLES OF CONDUCT
All employees can help maintain the integrity and reputation of the City of Palm
Desert and shall strive to:
4.1 Uphold the Constitution, laws and ordinances of the United States,
State of California and the City of Palm Desert.
4.2 Be dedicated to the ideals of honor and integrity in public and personal
relationships and conduct themselves in a manner which maintains
public confidence in their performance.
4.3 Address citizen concerns and needs, striving to provide the highest
level of public service with equity while granting no special favors to
nor discriminating against anyone.
4.4 Use City property, equipment, supplies, etc. , only for official City
business and not for personal purposes.
SUBJECT: ETHICS POLICY DATE: July 30, 1993
PAGE: 2 OF 4
4.5 Abstain from any job behavior which may tarnish the image of the City.
4.6 Make a sincere effort to be present for work and to use work time
productively for City business.
4.7 Avoid conflict of interest situations and the appearance of conflict of
interest which could jeopardize the manner in which work is performed.
4.8 Take personal responsibility for his or her own conduct.
5. CITY POLICY AGAINST CERTAIN GIFTS
No City official or employee shall directly or indirectly solicit, accept, or attempt to
accept any money, fee, credit, gift, gratuity, thing of value, or compensation of any
kind which the official or employee knows, or has reason to know, is being offered:
5.1 For the purpose of improperly obtaining or rewarding favorable
treatment.
5.2 With the intent to influence the official or employee in the discharge of
official duties.
5.3 In consideration of having exercised official powers or performed
official duties.
This does not prohibit a City official or employee from tentatively accepting anything
of value by way of gift or loan when such a gift is made to, and accepted on behalf
of, the City of Palm Desert. All such gifts to the City should be forwarded to the
City Manager's office for final acceptance.
6. POLITICAL REFORM ACT -- CONFLICTS
City officials and employees should be aware that under the Political Reform Act, the
potential for a conflict of interest exists with respect to any official duties they
perform that may affect a source of $250 or more in income and/or gifts to them
during a 12-month period (calendar year) . Thus, the City advises its officials and
employees for their own sake to keep a personal record of all gifts and income they
receive, regardless of the context or source of the gift. Elected City officials are
prohibited from accepting more than $1,000 in gifts and/or honoraria from a single
source in any calendar year.
7. POLITICAL REFORM ACT--GIFT ACCEPTING AND REPORTING
In general, the Political Reform Act requires City officials and employees to report
any gift(s) received from any single donor (including gifts from City officials,
employees, or consultants) during the preceding reporting period whose cumulative
value equals or exceeds $50. Officials and employees must report such gifts on their
"statement of economic interests" filed with the City Clerk or the FPPC. Officials
and employees need not ask the donor for the precise cost of the gift, but rather may
rely on good-faith estimates of fair market value.
SUBJECT: ETHICS POLICY DATE: July 30, 1993
PAGE: 3 OF 4
There are many special rules regarding the accepting and reporting of gifts. The
following is a brief but not exhaustive summary of some of these rules. It is
provided solely for general information of City officials and employees. For full
explanation of all the rules and regulations, and an interpretation of how those rules
may apply with respect to particular situations, city officials and employees should
seek legal advice from an attorney.
7.1 Gifts not used. Officials and employees need not report unused gifts
that are returned within 30 days or given to a charity, or to the City,
the State, or a federal governmental agency, without claiming a tax
deduction.
7.2 Tickets. In general, officials and employees must report tickets
received as gifts to any of the following if the fair market value of the
tickets used by the official or employee and their guest equals or
exceeds $50: athletic events, theater presentations, movies, nonprofit
fundraisers, testimonial dinners, amusement parks, parking facilities,
country clubs and any other facilities, goods, services, performances,
or productions.
The tickets' fair market value is based on the actual use of the tickets
or passes by the official and his or her guests or transferees. Tickets
to political fundraising events are not reportable gifts. The following
tickets are not considered gifts and are not reportable:
• Tickets or passes provided to the City for an event at a publicly
owned facility under the jurisdiction of the City. However, no
City official or employee may receive or distribute such tickets
to any person who is not a City official or employee or immediate
family member.
• Tickets or passes provided to the City as part of a contract for
use of the facility.
• Tickets or passes provided to a City official or employee for use
by the official or employee, and his or her immediate family,
because the City official or employee has an official or ceremonial
role to perform on behalf of the City.
In addition, tickets or passes that are given to the City Manager to
distribute in his or her discretion to City officials or employees, and
which are not earmarked for particular officials or employees, need not
be reported by the officials or employees who receive them because they
are considered gifts to the City.
7.3 Gifts From Relatives. Gifts from an official or employee's spouse, child,
parent, grandparent, brother-in-law, sister-in-law, nephew, niece,
aunt, uncle, or first cousin or the spouse of any such person are not
reportable. This exception does not apply if the donor is simply acting
as an agent or intermediary of someone who is not a relative covered by
this section.
SUBJECT: ETHICS POLICY DATE: July 30, 1993
PAGE: 3 OF 4
7.4 Home Entertainment. The consumption of food and beverages and the
enjoyment of entertainment at a person's home generally does not
constitute a reportable gift.
7.5 Wedding Gifts. Officials and employees must report wedding gifts,
although the reporting threshold is $100 rather than the customary $50
threshold since the gift is viewed as having been made to both spouses
equally. Officials and employees who regularly exchange birthday,
Christmas, or similar gifts of approximately equal value with others
need not report wedding gifts from such persons.
7.6 Gifts to Spouses. As a general rule, gifts to an official or employees's
spouse are not reportable unless the official or employee can and does
receive benefit from the gift, or if the gift is made to the spouse in an
attempt to circumvent disclosure laws.
7.7 Honoraria. The following special requirements apply whenever an
elected City official or employee must make a speech, serve on a panel,
or provide a similar service at an event. No such official may accept
any honoraria (monetary payment or gift) for such a service from any
single source that is in excess of $1,000 in any calendar year, except
reimbursement for actual travel expenses and reasonable subsistence
in connection therewith. Food, beverages, admission, and
reimbursement for actual travel expenses and necessary accommodations
within the state in connection with the event are not reportable.
However, interstate travel expenses and accommodations are
reportable.
7.8 Prizes and Awards. A prize or award received by an official or
employee must be reported either as a gift (if it relates to his or her
official status) or as income (if it is not related to official status) .
8. COMPLIANCE
This policy is approved to be effective immediately. Individual Department Heads
are responsible for implementing this policy and working with all employees and City
Officials to insure its success.
Bruce Altman Date
City Manager
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