#6 Action on proposed revised Council Policy Statement #88 on Council and Commissions Code of Conduct
City Manager’s Office Memorandum
July 5, 2011
TO: City Council
FROM: Eric J. Levitt, City Manager
SUBJECT: Action on Proposed Council Policy Statement #88 – City Council Code of Conduct.
Summary:
The City Manager is requesting Council consideration and possible action on the attached
proposed Council Policy Statement #88, which proposes a City Council Code of Conduct. This
policy proposal was requested by Council President Brunner and Councilmember Voskuil.
Background:
In March of 2011, the City Attorney researched other cities’ policies that contained both Ethics
policies and City Council Codes of Conduct. Many cities in both the State of Wisconsin and other
states have established City Council Codes of Conducts.
The City Council reviewed the proposed Council Policy Statement #88 and created multiple
th
changes with the request that the item be presented at the July 11 Council meeting for further
review and comment. The attached document is redlined so that the Council can view the
changes in the document.
This memo will highlight the substantive changes made in the proposed Council Policy Statement
#88:
Change in Conduct of Officials consistent with City Council discussion.
A change has been proposed on performance of duties (that was not discussed). This
change is an attempt to place the burden on an individual Council member if they use
personal media communication rather than City provided communication to perform City
business.
There are other methods to manage this such as requiring an individual to provide
disclosures that it is not a City site and that it does not represent the view of the City.
The electronic devices changes reflect the items discussed at City Council.
Use of public resources reflects the City Council discussion. Item 4 in this section reflects
the concerns discussed by Councilman McDonald.
The Advocacy change proposed was not discussed by Council, but other policies were
used as an example.
The sanctions is proposed in a way to provide an element of enforcement, but is
presented in a way to limit the ability to have it abused.
A disclosure statement on both written materials and other communications could state:
The information and views contained herein are solely my own in my private
“
capacity as a citizen and resident, and do not represent any official position or
action taken by the Common Council of the City of Janesville.”
One additional item not referenced in the policy, but requested for consideration by
Councilman Rashkin would be to limit the terms of Council members to serve on specific
City Commissions. This would reflect similar limitation placed on volunteers currently.
City Manager Recommendation:
The City Manager is looking for City Council input on the proposed Council Code of Conduct. I
believe that a policy such as Council Code of Conduct is a good tool for future City Councils and
will continue to be a living document.
Attachment:
Revised Council Policy #88
CITY OF JANESVILLE Policy No. 88
Page 1 of 7
CITY COUNCIL POLICY STATEMENT Date Issued
General Subject: Administration
Effective Date:
Specific Subject: City Council & Commissions
Code of Conduct
Cancellation Date:
Supersedes No.
PURPOSE:
It is the policy of the City of Janesville to uphold and promote ethical conduct from the
elected and appointed public officials. The city council recognizes the importance of
establishing the ethical principles, rules, and laws that guide elected officials and
members of appointed boards, commissions, and committees, herein referred to as
public officials.
STATEMENT OF POLICY:
Public officials are to maintain the highest standards of personal conduct, integrity,
truthfulness, and fairness in carrying out their public duties.
Responsibility of Public Office: The primary goal of public officials is working for the
common good of the City of Janesville and in the public’s best interest.
Compliance with Law: Public officials are agents of the public purpose and are therefore
obligated to uphold the laws of the nation, state, county, and city.
Conduct of Officials: The conduct of public officials shall be above reproach and avoid
the appearance of impropriety. Public officials may disagree during debate ofissues
however the debate should be civil and cordial. Public officials shall refrain from abusive
conduct, personal charges, or verbal attacks upon the character or actions of other
council members or of members of boards, commissions, committees, city staff, or the
public.
Performance of Duties:
1. Public officials shall perform their duties with diligence and in accordance with
the rules of order established by the city council, board, commission, or
committee conducting the meeting for the deliberation of public policy issues, and
implementation of policy decisions of the city council by city staff. The
involvement by citizens or citizen opinion regarding public policy issues shall be
meaningful and fully considered.
1.2. The City has provided a variety of means for citizens to communicate with
the Council. It is intended for Council members to use the City e-mail addresses
and the City website and social media sites to receive communication from
CITY OF JANESVILLE Policy No. 88
Page 2 of 7
CITY COUNCIL POLICY STATEMENT Date Issued
General Subject: Administration
Effective Date:
Specific Subject: City Council & Commissions
Code of Conduct
Cancellation Date:
Supersedes No.
citizens. It is highly discouraged for Council members are strongly discouraged
fromto utilizinge their personalprivate electronic media (email, facebook pages,
blogs, test messaging, etc.) to communicate on City business. If a Council
member chooses to do so then, it is solely their responsibility to conform with the
public records law.
Public Meetings:
(1) Public officials shall prepare for meetings to conduct the business of the City of
Janesville in a meaningful manner regarding the public issues to be debated.
Public officials will listen courteously and attentively to all public discussion
before the body and focus on the business being conducted.
(2) Public officials shall refrain from interrupting other speakers, making personal
comments not related to the public discussion or otherwise interfere with the
orderly conduct of the meeting.
Electronic Devices:
(1) Cell phones, smart phones, I-pads, etc. shall be set aside, silenced or turned off
so as to not interfere, distract, or disrupt the conduct of the public meeting.
(2) Electronic devices may be used in the conduct of the meeting should the public
official need to use the calendar or refer to notes regarding the subject under
discussion.
(3) Electronic devices may be used to search the internet to research a question
under discussion only after the public official has advised the council president
or board, commission, or committee chair of their intent and purpose to use the
device. The individual may not use the electronic device to communicate with
individuals not at the meeting due to concerns with Open Meeting Laws.
(4) Electronic devices shall not be used for text messaging, social media,
entertainment or any other miscellaneous purpose during the meeting.
(5) Should a city council member or other public official because of an emergency
or urgent need be required to use their cell phone or other electronic device
CITY OF JANESVILLE Policy No. 88
Page 3 of 7
CITY COUNCIL POLICY STATEMENT Date Issued
General Subject: Administration
Effective Date:
Specific Subject: City Council & Commissions
Code of Conduct
Cancellation Date:
Supersedes No.
during the meeting the council member or public official will excuse
themselves from the dais or meeting and go to an adjacent room or area to use
the device so as to not interfere, distract, or disrupt the conduct of the meeting.
Deliberations and Decisions: Public officials will base their decisions on the merits and
substance of the business or public policy at hand.
Communication: Public officials shall publicly share with the body substantive
information that is relevant to the matter under consideration by the council, board,
commission, or committee, which the public official received from sources outside the
public decision-making process.
Conflict of Interest: Public officials should remove themselves from debate and
deliberation on matters of public interest should they have a material financial interest or
personal relationship, which may give the appearance of or be a direct conflict of interest
as set forth in Wisconsin Statutes 19.46. Public officials should avoid action, whether or
not specifically prohibited, which may result or create the appearance of direct conflict of
interest.
Gifts, Gratuities, and Favors: (1) Public officials shall comply with the requirements of
Section 19.59(1)(a)(b), WI Statutes relating to the acceptance and reporting of gifts,
gratuities, and favors.
(2) No public official shall accept anything of value, whether in the form of gift,
service, loan, or promise from any person which may tend to influence his/her
independence of judgment or action in the performance of their duties or grant in the
discharge of their duties any improper favor or service of value.
Confidentiality of Information: (1) Public officials shall not disclose to anyone any
information concerning city property, personnel, litigation, or proceedings of the city,
other than public information or with legal authorization that was obtained as a result of
their positions with the city. This shall not be construed to limit, hinder, or prevent the
divulgence or use of information in the performance of official duties, but shall prohibit
the use of or providing information that would place the official or recipient in a vantage
position over the general public and thereby constitute a violation of public trust.
(2) Information obtained in closed session of the city council shall be confidential
until such time as that information is legally allowed or required to be made
public.
CITY OF JANESVILLE Policy No. 88
Page 4 of 7
CITY COUNCIL POLICY STATEMENT Date Issued
General Subject: Administration
Effective Date:
Specific Subject: City Council & Commissions
Code of Conduct
Cancellation Date:
Supersedes No.
(3) Confidential information shall include, but not be limited to, any written
information which is not subject to disclosure as provided in Wisconsin’s
Public Records Laws.
Confidentiality of Information: (1) Public officials shall not disclose to anyone any
information obtained during and/or in relation to any closed session, the disclosure of
which is:
(A) prohibited by law, e.g. certain personnel or employee information rendered
confidential or prohibited from release by Federal or State law, such as, but not
limited to, social security numbers, driver license information, health matters,
medical payments, or personal or family financial information under 19.85(1)(b),
(c), or (f), 19.35(1)(am)1., 19.35(1)(am)2., 2(a), 2.(b), or (2)(c), 19.356, 19.36(2),
19.36 especially 19.36(10) concerning certain personnel and employment
records and information, 19.36(13), 103(13)(6) especially 103(13)(6)(e);
(B) prohibited from disclosure during the pendency of a quasi-judicial hearing before
the council and/or a committee, board or commission upon which the council
member sits; and/or
(C) that would undermine or jeopardize, tend to or potentially undermine, obstruct,
and/or jeopardize, the financial, legal, strategic, or best interests of the City, such
as, but not limited to, collective bargaining strategies, real estate or contract
negotiations, and legal advice during the pendency of the matter.
Use of Public Resources:
(1) The use of city facilities, equipment, vehicles, supplies, on-duty personnel, or
other goods or services is limited to city business. Public resources may not be
used except on the same basis that the resources otherwise would be available
to the general public. Rental or usage fees may not be waived except in
accordance with city policy.
(2) A public official may use the city’s name, letterhead, logo, or seal only when it is
used representing the City of Janesville or the body as a whole and only with the
prior consent of the council, council president, or city manager.
CITY OF JANESVILLE Policy No. 88
Page 5 of 7
CITY COUNCIL POLICY STATEMENT Date Issued
General Subject: Administration
Effective Date:
Specific Subject: City Council & Commissions
Code of Conduct
Cancellation Date:
Supersedes No.
(3) A public official shall not utilize the city’s name, letterhead, logo, or seal for the
purpose of endorsing any political candidate.,
(3)(4) A public official shall not utilize the city’s name, letterhead, logo or seal for
the purpose of recognizing a business, commercial product, or service unless
specifically authorized by the City Council as a whole or due to an agreement
with the City..
Representative of Private Interests: City council members shall not appear on behalf of
the private interests of third parties before the council or any board, commission,
committee, or proceeding of the city. Public officials of boards, commissions, and
committees shall not appear before their own bodies or before the city council on behalf
of the private interest of third parties on matters related to the areas of service or their
board, commission, or committee.
Advocacy:
(1)
Public officials shall represent the official policies and positions of the city council,
board, commission, or committee to the best of their ability when designated as
delegates for this purpose.
(2)
Public officials when representing their personal opinions and positions shall
state that they are not representing the City of Janesville, city council, board,
commission, or committee but expressing their personal view. This should be
clearly written when it is in a written document or stated at a speech. The
purpose of this section is in order to provide clarification to the public when an
individual represents their own view versus a City position.
(3)
Sections 1 & 2 do not apply when a Council member is at a non-political event or
when attending a City ceremony.
Policy Role of Members: Public officials shall adhere to the Council-Manager form of
government as set forth in the City Charter and Council Policy with respect to the city
manager’s relationship with the city council. The city council determines the policies of
Policy Role of Members: Public officials shall adhere to the Council-Manager form of
government as set forth in the City Charter and Council Policy with respect to the city
manager’s relationship with the city council. The city council determines the policies of
the city with advice, information, and analysis provided by the public, boards,
commissions, committees, and city staff. Except as provided by city ordinance, council
members shall not interfere with the administrative functions of the city or the
CITY OF JANESVILLE Policy No. 88
Page 6 of 7
CITY COUNCIL POLICY STATEMENT Date Issued
General Subject: Administration
Effective Date:
Specific Subject: City Council & Commissions
Code of Conduct
Cancellation Date:
Supersedes No.
professional duties of city staff or impair the ability of staff to implement council policy
decisions.
Independence of Boards, Commissions, and Committees: The independent
recommendations of boards, commissions, and committees to the public decision
making process is recognized as valuable and significant. Council members shall refrain
from unduly influencing the deliberations or recommendations of board, commission,
and committee proceedings.
Harassment: Public officials shall avoid offensive or inappropriate harassing behavior.
Should there be complaints of harassment such complaints will be promptly and
carefully investigated in accordance with the City of Janesville Harassment Policy.
Positive Work Place Environment: Public officials shall support the maintenance of a
positive and constructive work place environment for city employees and for citizens
conducting business with the city.
City Attorney to Render Opinion on Request: Public officials subject to this policy, if in
doubt to the proper interpretation or application of the Code of Conduct or Ethics law
may submit to the city attorney a written statement of facts and questions. The city
attorney will then render a written opinion to the official and shall publish the opinion
without use of the name of the official advised unless such official permits the use of
their name.
Implementation: (1) The Code of Conduct for the City of Janesville is intended to be
self-enforcing. Ethical standards shall be included in the orientation for candidates for
city council, newly elected officials and appointed members to boards, commissions, and
committees.
(2) Public officials entering office will be provided a statement certifying they have
read and understand the Code of Conduct (signing the statement is optional).
(3) The Code of Conduct City Council Policy shall be reviewed and updated as
necessary in November/December of odd-numbered years.
Sanctions:
1. A determination that an elected official’s actions constitutes a violation of the
Code of Conduct Policy may be cause for sanctioning in the form of a verbal or
CITY OF JANESVILLE Policy No. 88
Page 7 of 7
CITY COUNCIL POLICY STATEMENT Date Issued
General Subject: Administration
Effective Date:
Specific Subject: City Council & Commissions
Code of Conduct
Cancellation Date:
Supersedes No.
written warning, verbal or written reprimand, or censure by the city council.
Sanctions and censures of a city council member may be made only by an
affirmative vote of two-thirds of the members of the council present. For a City
Council to consider some form of sanctioning at least 3 members must present
the request to the Council President.
2. A determination that a public official’s action (member of an appointed board,
commission or committee) constitutes a violation of the Code of Conduct Policy
may be cause for sanctioning in the form of a verbal or written warning, verbal or
written reprimand, censure, or removal from the board, commission, or
committee by the city council. Sanctions or censures may be made by the
simple majority vote of the city council. Removal from a board, commission, or
committee shall require a two-thirds vote by the city council. Members of the
Police and Fire Commission, Zoning Board of Appeals, and Plan Commission
shall be exempt from the removal provision.
Attachments: Chapter 19.41 to 19.59 WI Statutes
Wisconsin’s Ethics Laws – Recognizing and Avoiding Conflicts of Interest
League of Wisconsin Municipalities
Recognizing & Avoiding Conflicts of Interest
League of Wisconsin Municipalities
Attorney/Word/Shared/Council Code of Ethics and Conduct Brunner June 2011.doc