City Council Preview - May 15 (Part 2)

Yesterday we looked at some of the items on the agenda for Tuesday’s meeting. Today we’ll focus on ethics.

Mayor Pro Tem Basile and Councilman Cagley constituted an ad hoc committee that has been working with the City Attorney to draft guidelines for overhauling our ethical code. The new policy has 4 specific areas and 19 “individual ethical standards” as well as a “censure policy”. Unfortunately the policy contains no complaint process, as far as I can determine. Moreover, it isn’t clear how the new standards relate to the “Leadership Principles”, some of which overlap with the standards.

STANDARDS

RESPONSIBILITY/PROTECTING THE PUBLIC INTEREST

• I comply with the laws of the nation, the State of California, and the City of Lake Forest in the performance of my duties.
• I comply with the Oath of Office I took upon beginning my service for the City of Lake Forest.
• My decisions are consistent with, among other things, the Fair Political Practices Act and other state and local laws.
• I do not accept gifts, services, or other special considerations because of my public position.
• I do not give special treatment or consideration to any individual or group beyond that available to any other individual.
• Unless authorized by the City Council, I do not involve myself in the administrative processes for acquiring goods and services.
• I recognize that the City Council and other City Commissions are independent legislative bodies, and I refrain from using my position to unduly influence the deliberations or outcomes of those bodies.

FAIRNESS/ACCOUNTABILITY

• I make decisions based on the merits of the issue, including research and facts.
• I answer questions directly, telling the truth, and admitting a lack of knowledge if one exists.
• I do not knowingly use false or inaccurate information to support my position or views.
• I deter rumors and misunderstandings by making factual information available.
• If I receive substantive information that is relevant to a matter under consideration from sources outside the public decision-making process, I publicly share it with my fellow Councilmembers or commissioners and staff at the public meeting where the matter is under consideration.

RESPECT FOR FELLOW ELECTED OR APPOINTED OFFICIALS, STAFF, AND THE PUBLIC

• I refrain from abusive conduct, personal charges, or verbal attacks upon the character, motives, ethics, morals, or comments of other Councilmembers, commissioners, committee members, staff, and the public.
• I do not, in the performance of my duties, discriminate against any person on the basis of race, color, religion, national origin, ancestry, age, sex, gender, pregnancy, childbirth or related medical condition, sexual orientation, marital status, disability, medical condition, and actual or perceived gender identity.

PROPER AND EFFICIENT USE OF PUBLIC RESOURCES

• I do not use public resources, such as agency staff time, equipment, supplies or facilities, for private gain or personal purposes.
• I make decisions after prudent consideration of their impact on City resources, taking into account the long-term financial needs of the agency, especially its financial stability.
• I use my title(s) only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority.
• I refrain from making unauthorized commitments or promises of any kind purporting to bind the City.
• I refrain from gratuitous comments that may harm the City’s position in litigation or potential litigation.

CENSURE

The censure policy is long and detailed (Click Here). Ultimately the report recommends that a “hearing officer” be hired to oversee the process. That person “shall be selected from the panel of hearing officers hired by the City. That panel shall consist of individuals with specialized training in the field of ethics, which may include law professor specializing in ethics.” By handing the process to an independent person, the Council avoids “railroading” one of their colleagues. We have only to look back at the last time censure was used by the Council. By a 3:2 vote, the Council censured a Council member for something he didn’t do and for something he supposedly said which was denied by the person censured and the two people to whom he was supposed to have said it. That action was politically motivated, and the new process should avoid this type of shameless behavior.

ABOUT THE AUTHOR

Dr. Jim Gardner is on the City Council for Lake Forest where he serves as Mayor. You can check him out on LinkedIn and/or Facebook and you can share your thoughts about the City at Lake Forest Town Square on Facebook. His Twitter handle is @DrJimGardner. His comments are not meant to reflect official City Policy.

Dr. Gardner has office hours every Tuesday from 4 pm to 6 pm at the City Hall. In addition, he holds a town hall meeting every quarter. The next meeting will be May 17 at 7 pm at the Lake 1 Clubhouse (Ridge Route).