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CP088 (City Council & Commission, Committees & Boards Code of Conduct)CITY OF JANESVILLE Policy No. 88 Page 1 of 7 CITY COUNCIL POLICY STATEMENT Date Issued 7/26/11 Revised 12/13/2021 General Subject: Administration Effective Date: 5/23/2022 Specific Subject: City Council & Boards, Cancellation Date: Commissions, Committees Supersedes No. Code Of Conduct Responsible City Manager’s Office Dept./Div.: PURPOSE: It is the policy of the City of Janesville to uphold and promote ethical conduct from elected and appointed public officials. The City Council recognizes the importance of establishing 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 of issues; however, the debate should be civil and cordial. Public officials shall refrain from abusive conduct, personal charges, and written/verbal attacks, including via social media, upon the character or actions of other Councilmembers or of members of boards, commissions, committees; the City Manager and City staff; and 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 the City Manager and City staff. The involvement by individuals or their opinions regarding public policy issues shall be meaningful and fully considered. CITY OF JANESVILLE Policy No. 88 Page 2 of 7 CITY COUNCIL POLICY STATEMENT Date Issued 7/26/11 Revised 12/13/2021 General Subject: Administration Effective Date: 5/23/2022 Specific Subject: City Council & Boards, Cancellation Date: Commissions, Committees Supersedes No. Code Of Conduct Responsible City Manager’s Office Dept./Div.: (2) The City has provided a variety of means for individuals to communicate with the City Council. It is intended for Councilmembers to use the City e-mail addresses and the City website and social media sites to receive communication from individuals. Councilmembers are strongly discouraged from utilizing their personal electronic media (email, Facebook pages, blogs, text messaging, etc.) to communicate on City business. If a Councilmember chooses to use his/her personal electronic media, then it is solely his/her responsibility to produce any electronic media per the public records law, not saved on a City of Janesville server. 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. (3) City Councilmembers shall have the option to participate in Council meetings remotely, at the discretion of the Council President. Councilmembers wishing to participate remotely shall request approval from the Council President. The Council President will then inform City Administration of the remote participation at least three (3) business days before the scheduled meeting. Electronic Devices: (1) Any electronic communication devices not used for the purpose of conducting meeting business shall be set aside, silenced or turned off so as not to interfere with, distract from, or disrupt the conduct of a public meeting. Electronic devices shall not be used for social media or entertainment purposes during governmental meetings. CITY OF JANESVILLE Policy No. 88 Page 3 of 7 CITY COUNCIL POLICY STATEMENT Date Issued 7/26/11 Revised 12/13/2021 General Subject: Administration Effective Date: 5/23/2022 Specific Subject: City Council & Boards, Cancellation Date: Commissions, Committees Supersedes No. Code Of Conduct Responsible City Manager’s Office Dept./Div.: (2) Electronic communication devices may be used to search the internet during governmental meetings to research a question under discussion. Public officials shall not use electronic devices to communicate during governmental meetings. To communicate is defined as sending or receiving a message. (3) Individuals in possession of City devices are responsible for protecting the device from loss or damage. Electronic communication devices must be returned in the same condition they were issued, allowing for normal wear and tear and depreciation. If the device is lost or damaged beyond this, the individual to whom it was issued is responsible for its replacement. (4) If loss, theft, or damage does occur, it shall be reported to the Board, Commission, or Committee staff liaison as soon as possible. (5) Electronic devices and email accounts issued by the City shall not be used for any illegal, offensive, pornographic, or unethical activities which could adversely affect the city. Deliberations and Decisions: Public officials shall 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 City Council, board, commission, or committee, which the public official received from sources outside the public decision-making process. Conflict of Interest: Public officials shall comply with the requirements of Section 19.46, Wisconsin Statutes, relating to conflicts of interest and exceptions. Gifts, Gratuities, and Favors (1) Public officials shall comply with the requirements of Section 19.59(1)(a)(b), Wisconsin 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 CITY OF JANESVILLE Policy No. 88 Page 4 of 7 CITY COUNCIL POLICY STATEMENT Date Issued 7/26/11 Revised 12/13/2021 General Subject: Administration Effective Date: 5/23/2022 Specific Subject: City Council & Boards, Cancellation Date: Commissions, Committees Supersedes No. Code Of Conduct Responsible City Manager’s Office Dept./Div.: 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: Public officials shall not disclose to anyone any information obtained during and/or in relation to any closed session, the disclosure of which: (1) is 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); (2) is prohibited from disclosure during the pendency of a quasi-judicial hearing before the City Council and/or a committee, board or commission upon which the City Council member sits; and/or (3) 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, seal, or his or her title/position only when it is used representing the City of Janesville or the body as a whole and only with the prior consent of the City Council, Council President, or City Manager. CITY OF JANESVILLE Policy No. 88 Page 5 of 7 CITY COUNCIL POLICY STATEMENT Date Issued 7/26/11 Revised 12/13/2021 General Subject: Administration Effective Date: 5/23/2022 Specific Subject: City Council & Boards, Cancellation Date: Commissions, Committees Supersedes No. Code Of Conduct Responsible City Manager’s Office Dept./Div.: (3) A public official shall not utilize the City’s name, letterhead, logo, seal, or his or her title/position for the purpose of endorsing any political candidate. (4) A public official shall not utilize the City’s name, letterhead, logo, seal, or his or her title/position 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 City 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 of 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 understand that when representing their personal opinions and positions, in a written document or speech, they are expressing their own personal views and not representing the views of the City of Janesville, City Council, or any board, commission, or committee. (3) Sections 1 & 2 do not apply when a Councilmember 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 the City with advice, information, and analysis provided by the public, boards, commissions, committees, the City Manager, and City staff. Except as provided by City Ordinance, Councilmembers shall not interfere with the CITY OF JANESVILLE Policy No. 88 Page 6 of 7 CITY COUNCIL POLICY STATEMENT Date Issued 7/26/11 Revised 12/13/2021 General Subject: Administration Effective Date: 5/23/2022 Specific Subject: City Council & Boards, Cancellation Date: Commissions, Committees Supersedes No. Code Of Conduct Responsible City Manager’s Office Dept./Div.: administrative functions of the City or the professional duties of the City Manager and City staff or impair the ability of the Administration to implement City 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. 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 treat individuals with dignity and respect as well as support the maintenance of a positive and constructive work place environment for the City Manager and City staff and for individuals 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 his or her name. Implementation: (1) The Code of Conduct for the City of Janesville is intended to be self-enforcing. Ethical standards shall be provided to newly-elected officials and members appointed to boards, commissions, and committees. (2) Public officials entering office will be provided a copy of the Code of Conduct and shall sign a statement acknowledging receipt and certifying they have read and understand the Code of Conduct. (3) Council Policy No. 88 shall be reviewed and updated as necessary annually in May. Sanctions: CITY OF JANESVILLE Policy No. 88 Page 7 of 7 CITY COUNCIL POLICY STATEMENT Date Issued 7/26/11 Revised 12/13/2021 General Subject: Administration Effective Date: 5/23/2022 Specific Subject: City Council & Boards, Cancellation Date: Commissions, Committees Supersedes No. Code Of Conduct Responsible City Manager’s Office Dept./Div.: (1) A determination that an elected official’s actions constitute a violation of the Code of Conduct Policy may be cause for sanctioning in the form of a 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 three members must present the request. (2) A determination that a public official’s (including a member of an appointed board, commission, or committee) action constitutes a violation of the Code of Conduct Policy may be cause for sanctioning in the form of reprimand or censure, or removal from the board, commission, or committee by the City Council. Sanctions, censures, or removal shall be made by an affirmative vote of two-thirds of the members of the Council present. Members of the Police and Fire Commission, Zoning Board of Appeals, and Plan Commission shall be exempt from the removal provision. References: Acknowledgement and Certification Statement Chapter 19.41 to 19.59, Wisconsin Statutes League of Wisconsin Municipalities – Recognizing and Avoiding Conflict of Interest Council Policy No. 88 Acknowledgement and Certification Statement I, ____________________________________ [Name], who have been __________________ [elected/appointed] to the office of _______________________________________________ [City Council or Board, Commission, Committee Name] of the City of Janesville do hereby acknowledge receipt and certify I have read and understand the City of Janesville’s code of conduct policy for public officials as outlined in Council Policy No. 88 (City Council & Boards, Commissions, and Committees Code of Conduct). Signature: ____________________________________________ Date: ________________