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Home My WebLink Aboutpc agenda (2)PLANNING COMMISSION AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Thursday, February 8, 2007 Workshop — 4:00 p.m. Regular Meeting - 6:30 p.m. JEFFREY COLE Chairperson ROBERT HAWKINS EARL MCDANIEL SCOTT PEOTTER BARRY EATON MICHAEL TOERGE BRADLEY HILLGREN Planning Commissioners are citizens of Newport Beach who volunteer to serve on the Planning Commission. They were appointed by the City Council by majority vote for 4 -year terms. At the table in front are City staff members who are here to advise the Commission during the meeting. They are: DAVID LEPO, Planning Director GINGER VARIN, Planning Commission Secretary AARON C. HARP, Assistant City Attorney NOTICE TO THE PUBLIC Regular meetings of the Planning Commission are held on the Thursdays preceding second and fourth Tuesdays of each month at 6:30 p.m. Staff reports or other written documentation have been prepared for each item of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation, please contact the Planning Department staff at (949) 644 -3200. The agendas, minutes and staff reports are also available on the City's web site. The address is: hftp://Www.city.newport-beach.ca.us/. It is the intention of the City of Newport Beach to comply with the Americans With Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Ginger Vann, Planning Commission Secretary at (949) 644 -3232, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. APPEAL PERIOD: Use Permit, Variance, Site Plan Review, Resubdivision, and Modification applications do not become effective until 14 days after the date of approval, during which time an appeal may be filed with the City Council. General Plan and Zoning Amendments are automatically forwarded to the City Council for final action. If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues, which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard February 8, 2007 Workshop — 4:00 p.m. ROLL CALL CURRENT BUSINESS Ethics Training - AB 1234 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL: REGULAR MEETING 6:30 p.m. NEW BUSINESS: 6:30 p.m. PUBLIC COMMENTS: Public comments are invited on non - agenda items generally considered to be within the subject matter jurisdiction of the Planning Commission — Speakers must limit comments to 3- minutes. Before speaking, please state your name for the record. REQUEST FOR CONTINUANCES: ITEM NO. 1 Approval of minutes ACTION: Approve as written and order filed. ITEM NO. 2. Santa Ana River Vision Plan — Advisory Committee Formation SUMMARY: The Planning Commission is to appoint a member to serve on the City's Santa Ana River Trails Advisory Committee. ACTION: By minute order of the Chairman, appoint one Planning Commission member to the City's Santa Ana River Trails Advisory Committee. CEQA COMPLIANCE: Not defined as a project and, therefore, not subject to the requirements of the California Environmental Quality Act. ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS RECORDED. SPEAKERS MUST LIMIT REMARKS TO THREE MINUTES ON ALL ITEMS. (Red light signifies when three minutes are up; yellow light signifies that the speaker has one minute left for summation.) ITEM NO. 3. Planning Commission Email Policy SUMMARY: Establish a policy for a -mails relating to Planning Commission Agenda items. ACTION: After discussion and comment, adopt Policy by minute order. CEQA COMPLIANCE: Not defined as a project and, therefore, not subject to the requirements of the California Environmental Quality Act. ITEM NO. 4. Planning Department Web Site SUMMARY: Receive oral report from staff. CEQA COMPLIANCE: Not defined as a project and, therefore, not subject to the requirements of the California Environmental Quality Act. ITEM NO. 5. Standard project conditions of approval. ACTION: Comment, then receive and file "Conditions of Approval" CEQA COMPLIANCE: Not defined as a project and, therefore, not subject to the requirements of the California Environmental Quality Act. ITEM NO. 6. Update on Planning Department Organization SUMMARY: Receive oral report from staff. CEQA COMPLIANCE: Not defined as a project and, therefore, not subject to the requirements of the California Environmental Quality Act. ITEM NO. 7. Isla Vista Homes (PA2004 -123) 1499 and 1515 Monrovia Avenue SUMMARY: Continued from Planning Commission Agenda of January 4, 2007. General Plan Amendment, Zone Code Amendment, Tract Map and Modification Permit to develop 44 detached residential condominium units on a 3.25 acre site. The general plan designation would be changed from General Industry to Multi - Family Residential and the zoning district would be changed from M -1 -A (Controlled Manufacturing) to MFR (Multi - Family Residential). The applicant has requested that this item be removed from the agenda. ACTION: Receive and file. ADDITIONAL BUSINESS: a) City Council Follow -up - b) Report from Planning Commission's representative to the Economic Development Committee - c) Report from the Planning Commission's representative to the General Plan /Local Coastal Implementation Committee - d) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - e) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - f) Project status — g) Requests for excused absences - ADJOURNMENT: Ethics and Public Service Laws and Principles Session Objectives 1. To alert you to the wide range of laws that govern your service and when to ask questions 2. To encourage you to think beyond legal restrictions and provide tools for doing so 3. Help you comply with AB 1234 requirements COURSE SUFFICIENCY Conflict of Interest. Perquisites of Office. Government Transparency The training regarding conflicts of interest, perquisites of office and governmental transparency should include the following: (1) Laws relating to personal financial gain by public servants, including, but not limited to: a) Laws prohibiting bribery (Pen. Code Sections 68 & 70). b) Conflicts of interest under the Political Reform Act (Gov. Code Sections 87100, 87103). c) Contractual Conflicts of Interest (Gov. Code Section 1090 et seq., Charter Sec. 608). d) Conflicts of Interest and Campaign Contributions (Gov. Code Section 84308). e) Conflicts of Interest When Leaving Office (Gov. Code Sections 87406, 87407). (2) Laws relating to claiming perquisites of office, including, but not limited to: a) Limitations on the Receipt of Gifts (Gov. Code Sections 86203, 89503, 89506). b) Honoraria Ban (Gov. Code Section 89502). c) Misuse of Public Funds (Pen. Code Section 424, Gov. Code Section 8314. d) Prohibitions against gifts of public funds (Cal. Const. art. XVI, Section 6). e) Mass mailing restrictions (Gov. Code Section 89001). f) Prohibitions against acceptance of free or discounted transportation by transportation companies (Cal. Const. art XII Section 7). (3) Government transparency laws, including, but not limited to: a) Economic interest disclosure under the Political Reform Act (Gov. Code Section 87200, et. sq.). b) Brown Act (Gov. Code Section 54950 et. seq.) (Charter Sec. 411) c) Public Records Act (Gov. Code Section 6250 et. seq.). d) Charitable Fundraising (Gov. Code Section 82015(b)(2)(b)(iii) (4) Laws relating to fair processes, including, but not limited to: a) Common law bias prohibitions. b) Due process requirements. c) Doctrine of Incompatible Offices (Gov. Code Section 1099). d) Competitive bidding requirements for public contracts (Charter Sec. 1110) e) Disqualification from participating in decisions affecting family members (anti - nepotism laws). (Charter Sec. 610) AB 1234 • AB 1234 requires officials who receive compensation or are reimbursed for expenses to take 2 hours of training in ethics principles and laws Course adequacy and sufficiency has been established through consultation with the FPPC (Fair Political Practices Commission) and the Attorney General • Financial Gain, Perks & governmental transparency Public Service Ethics is Different • Laws play a bigger role • Perception as important as reality Gut is not a reliable guide Ethics versus Ethics Laws Ethics Laws Law = Minimum standards What we must do • Ethics is what we ought to do — Above and beyond law's minimum requirements Thinking Beyond Ethics Laws • Law tends to be starting point for most ethical analyses in public service • Floor for ethical conduct—not the ceiling — Where do you want to set your sights as a public servant? • Just because it's legal, doesn't mean it is ethical (or public will perceive it to be so) Understanding Ethics Laws • What They Cover • When You Need to Ask Questions • Resources for Further Reference Four Groups of Ethics Laws In the binder 1. Personal financial gain 2. Personal advantages and perks 3. Governmental transparency & secrecy 4. Fair processes Group 1: , z Personal Financial Gain Issues • Public Policy Principle: Public servants should not benefit financially from their positions PERSONAL FINANCIAL GAIN Public officials: • Must disqualify themselves from participating in decisions that may affect (positively or negatively) their financial interests (see reverse for list of types of financial interests). • Cannot have an interest in a contract made by their agency. • Cannot request, receive or agree to receive anything of value or other advantages in exchange for a decision. • Cannot influence agency decisions relating to potential prospective employers. • May not acquire interests in property within redevelopment areas over which they have decision - making influence. PERSONAL ADVANTAGES Ec PERKS Public officials: • Must disclose all gifts received of $50 or more and may not receive gifts aggregating to over $360 (2006) from a single source in a given year. • Cannot receive compensation from third parties for speaking, writing an article or attending a conference. • Cannot use public agency resources (money, travel expenses, staff time and agency equipment) for personal or political purposes. • May only be reimbursed for actual and necessary expenses consistent with their agency's reimbursement policy. • Cannot participate in decisions that may affect (positively or negatively) their personal interests. • Cannot accept free transportation from transportation companies. • Cannot send mass mailings at public expense. • Cannot make gifts of public resources or funds. ♦ Cannot receive loans over $250 from those within the agency or those who do business with the agency. GOVERNMENT TRANSPARENCY Public officials: ® Must disclose their financial interests. • Must conduct the public's business in open and publicized meetings, except for the limited circumstances when the law allows closed sessions. • .Must allow public inspection of documents and records generated by public agencies, except when non - disclosure is specifically authorized by law. • Must disclose information about significant ($5000 or more) fundraising activities for legislative, governmental or charitable purposes. FAIR PROCESSES Public officials: • Have a responsibility to assure fair and competitive agency contracting processes. • Cannot participate in decisions that will benefit their immediate family (spouse /domestic partner or dependent children). . • Cannot participate in. quasi - judicial proceedings in which they have a strong bias with respect to the parties or facts. .. • Cannot simultaneously bold certain public offices or engage in other outside activities that would subject them to conflicting loyalties. • Cannot participate in entitlement proceedings — such as land use permits — involving campaign contributors (does not apply to elected bodies). • Cannot solicit campaign contributions of more than $250 from permit applicants while application is pending and for three months after a decision (does not apply to elected bodies). • Cannot represent individuals before their agency, for one year after leaving agency service. • Must conduct public hearings in accordance with due process principles. I® INSTITUTE FOR LOCAL GOVERNMENT KEY CONCEPTS ✓ A public agency's decision should be based solely on what best serves the public's interests. ✓ The law is aimed at the perception, as well as the reality, that a public official's personal interests may influence a decision. Even the temptation to'act in one's own interest could lead to disqualification, or worse. ✓ Having a conflict of interest does not imply that you have done anything wrong; it just means you have financial or other disqualifying interests. ✓ Violating the conflict of interest laws could lead to monetary fines and criminal penalties for public officials. Don't take that risk. BASIC RULE A public official may not participate in a decision - including trying to influence a decision - if the official has financial or, in some cases, other strong personal interests in that decision. When an official has an interest in a contract, the official's agency may be prevented from even making the contract WHEN TO SEEK ADVICE FROM AGENCY COUNSEL The rules are very complex. Talk with your agency counsel 1) early and often 2) when an action by your public agency 3) may affect (positively or negatively) 4) any of the following: ✓ Income. Any source of income of $500 or more (including promised income) during the prior 12 months for you or your spouse/domestic partner. ✓ Business Management or Employment. An entity for which you serve as a director, officer, partner, trustee, employee, or manager. ✓ Real Property. A direct or indirect interest in real property of $2000 or more that you or your immediate Family {spouse /domestic partner and dependent children) have, including such interests as ownership, leaseholds (but not month -to -month tenancies), and options to purchase. Be especially alert when any of these are located within 500 feet of the subject of your decision. ✓ Personal Finances. Your or your immediate family's (spouse /domestic partner and dependent children) personal expenses, income, assets, or liabilities. ✓ Gift Giver. A giver of a gift of $360 or more to you in the prior 12 months to you, including promised gifts. ✓ Lender /Guarantor. A source of a loan (including a loan guarantor) to you. ✓ Contract. You or a member of your family would have an interest (direct or indirect) in a contract with the agency. . ✓ Business investment An interest in a business that you or your immediate family (spouse /domestic partner and dependent children) have a direct or indirect investment worth $2000 or more. ✓ Related Business Entity. An interest in a- business that is the parent, subsidiary or is otherwise related to a business where you: • Have a direct or indirect investment worth $2000 or more; or • Are a director, officer, partner, trustee, employee, or manager. • Business Entity Owning Property. A direct or indirect ownership interest in a business entity or trust of yours that owns real property. • Campaign Contributor. A campaign contributor of yours (applies to appointed decision- matldng bodies only). ✓ other Personal Interests and Biases. You have important, but non - financial, personal interests or biases (positive or negative) about the facts or the parties that could cast doubt on your.ability to make a fair decision. WHAT WILL HAPPEN NEXT? Agency counsel will advise you whether 1) you can participate in the decision and, 2) if a contract is involved,; whether the agency can enter into the contract at all. Counsel may suggest asking either the Fair Political Practices Commission or the State Attorney General to weigh in. EVEN IF IT'S LEGAL, IS IT ETHICAL? The law sets only minimum Standards. Ask yourself whether members of the public whose opinion you value will question whether you can act solely in the public's interest. If they might, consider excusing yourself voluntarily from that particular decision-making process. Generous support for this publication provided by 10,401 RICHARDS I WATSON I GERSHON NIM ATTORNEYS ATLAW -A PROFESSIONAL CORPORATION WS ANGELES ORANGE COUNTY SAN FRANCISCO W Wwiwgiaw.cam For additional copies of this checklist, visitwww.ca- ilg/ilgpubs Copyright (1) 2006 by the Institute for Local Government SKIJ: 1504 Price: $5 (for set of five) Examples of Laws • Bribery and related crimes • Financial interest disqualification requirements • Revolving door restrictions "See course list Bribery • Rule: Public officials may not solicit, receive or agree to receive a benefit in exchange for their official actions • Penalties: Loss of office, forever disqualified from holding office, prison time, fines, restitution, attorneys fees and headlines Case Study: Strippergate • Council members charged under federal law with tying campaign contributions to their actions to help repeal the city's "no touch" rule adopted for adult businesses • Strip club owners were cooperating/wearing wires during conversations Strippergate, continued • Jury convicted; council members resigned • Judge ultimately threw out most charges for one official, one sentenced to serve 21 months in Federal prison • Even so, official was financially ruined and emotionally devastated Similar Crimes • Receiving rewards for doing an official act — e.g. appointing someone to public office • Embezzlement -- converting public funds or property to your own Disqualification Based on Financial Interests • Rule: You may not make, or participate in making or in any attempt to use your position to influence a decision if your financial interests are affected by the decision • Effect can be positive or negative Disqualification versus Abstention • Abstention => voluntary • Disqualification => Legally required — Does not imply wrongdoing What Kinds of Interests? See reverse of Handout in binder .4ANMt :.pt[MµY3 a �tgKf :.w+w MmY:tliR hti'am wwYS.r�w °anavw.smw 13 N T -MMENS KEY CONCEPTS ✓ Gift Giver. A giver of a gift of $360 or more to you in the ✓ A public agency's decision should be based solely on I prior 12 months to you, including promised gifts. what best serves the public's interests. ✓ Lender /Guarantor. A.source of a loan (including a loan ✓ The law is aimed at the perception, as well as the reality, guarantor) to you. that a public official's personal interests may influence a ✓ Contract. You or a member of your family would have decision. Even the temptation to act in one's own interest an interest (direct or indirect) in a contract with the could lead to disqualification, or worse. • Having a conflict of interest does not imply that you agency. .: have done anything wrong; it just means you have ✓ Business Investment An interest in a business that you financial or other disqualifying interests. or your immediate family (spouse /domestic partner and • Violating the conflict of interest laws could lead to dependent children) have a direct or indirect investment monetary fines and criminal penalties for public worth $2000 or more. officials. Don't take. that risk. ✓ Related Business Entity. An interest in a business that . is the parent, subsidiary or is otherwise related to a BASIC BOLE business where you: A public official may not participate in a decision — including - Have a direct or indirect investment worth $2000 trying to influence a decision — if the official has financial or, or more; or in some cases, other strong personal interests in that decision. • Are a director, officer, partner, trustee, employee, When an official has an interest in a contract, the official's or manager. agency may be prevented from even making the contract ,/ Business Entity Owning Property. A direct or indirect ownership interest in a business entity or trust of yours . . WHEN TO SEEK ADVICE FROM that owns real property. AGENCY COUNSEL ✓ Campaign Contributor. A campaign contributor of The rules are very complex. Talk with your agency counsel 1) yours (applies to appointed decision - making bodies early and often 2) when an action by your public agency 3) only). may affect (positively or negatively) 4) any of the following: of Other Personal Interests and Biases. You have ✓ Income. Any source of income. of $500 or more important, but non - financial, personal interests or. biases (including promised income) during the prior 12 (positive or negative) about the facts or the parties that months for you or your spouse /domestic partner. could cast doubt on your ability to make a fair decision.. ✓ Business Management or Employment., An entity for which you serve as a director, officer, partner, trustee, WHAT WILL HAPPEN NEXTd employee, or manager. Agency counsel will advise you whether l) you can ✓ Real Property. A direct or indirect interest in real participate in the decision and, 2) if a contract is involved,. property of $2000 or more that you or your immediate whether the agency can enter into the contract at all. family (spouse /domestic partner mid dependent Counsel may suggest asking either the Fair Political Practices children) have, including such interests as ownership, Commission or the State Attorney General to weigh in. leaseholds (but not month -to -month tenancies), and options to purchase. Be especially alert when any of EVEN IF IT'S LEGAL, IS IT ETHICAL? . these are located within 500 feet of the subject of your The law sets only, minimum standards. Ask yourself whether decision. members of the public whose opinion you value will ✓ Personal Finances. Your or your immediate family's question whether you can act solely in the public's interest. If (spouse /domestic partner and dependent children) they might, consider excusing ,yourself voluntarily from that personal expenses, income, assets, or liabilities. particular decision - making process. Generous support for this publication provided by: 1104V RICHARDS I WATSON j GERSHON VIA, ATTORNEYSATL9W- APROFESSIONAL CORPORATION LOS ANGELES ORANGE COUNTY SAN FRANCISCO www.rwglawxom For additional copies of this checklist, visit w vca- ilglilgpubs Copyright 0 2006 by the Snstitute for Local Government . SKU: 1604 Price: $5 (for set of five) 8 STEP ANALYSIS 1. Is he /she a public official 2. Making or participating or in position to influence decision 3. Financial interest 4. Directly or indirectly involved 5. What is the materiality standard for the interest 6. Is it reasonably foreseeable the decision will have a material financial effect 7. The effect distinguishable from effect on public generally 8. If disqualified — is participation legally required If You Are Disqualified • Don't discuss or influence (staff or colleagues) • Identify nature of conflict at meeting • Leave room (unless matter on consent) • Limited exceptions — Owned property — Owned/controlled business Penalties • Invalidate decision • Misdemeanor (could result in loss of office) • Fines ($5,000 to $10,000 per violation) • Attorneys fees (yours and others) • Embarrassment (personal/political) Warning! Special Rules for Contracts • Disqualification may not be enough — Direct or indirect interest — Limited exceptions • May have to refund money paid Felony: $1,000 fine, imprisonment, and loss of office • Gov. Code § 1090 & Charter § 608 Case Study: The Travel Store • Elected official in travel business — Twice failed to disclose on SEI • Voted on consent calendar • Included approval of payments to her travel agency ($28,481 total) • Possible fine under PRA: $76,000 (ultimate fine: $29,000) Future Employment Issues • New revolving door prohibition — Electeds and top managers — Cannot represent people for pay for a year after leaving their agency — Effective July 1, 2006 • No participation in decisions involving future employers EdBest Practices • Avoid temptation to look at public service as an opportunity for financial gain • Look at every decision and ask yourself whether it involves some kind of financial interest for you Group 2: Perks • Public Policy Principles: — Democratic equality — Public servants should not receive special benefits by virtue of their positions Two Kinds of Perk Rules 1. Perks that others offer you 2. Perks that you give yourself/use- of- public- resources issues Gifts Don't Always Have Bows • Meals, food and drink (including receptions) • Entertainment (concerts & sporting events) • Certain kinds of travel and lodging Perks Others Offer • Report $50 and up (over a year) • Limit $360 per year • Exceptions for some kinds of travel, informational materials • May also be a disqualifying interest (over $360 in prior 12 months) Penalties • Up to $5,000 per violation • Own attorneys fees ($3,000 - $30,000) • Others' attorneys fees (for private actions to enforce law) Other Perks Others Offer • No free transportation from transportation carriers • No honoraria (fees) for speaking or writing Use of Public Resources Issues • Personal use of public resources (including staff time and agency equipment) prohibited • Political use of public resources also prohibited Example: Expense Reimbursement • Familiarize yourself with your agency's policies/limits — What kinds of expenses — What rates for food, lodging and transportation — The importance of documentation • Note: Spouse /partner expenses not reimbursable Consequences of Violations • Civil penalties: $1,000 /day fine + 3X value of resource used • Criminal penalties: 2 -4 year prison term + disqualification from office • Can also have income tax implications Case Study: Sacramento Suburban Water District • Staff and directors misusing public resources • Investigative report by Sacramento Bee — Use of agency credit card for personal purposes — Misreporting of income — Double - dipping on expense reimbursements • Legislative response: AB 1234 Political Use of Public Resources • By individuals or agency itself (support of ballot measures) • Mass mailing restrictions — Goal: restrict incumbents' advantages • Gifts of public funds Example: First Five Commission • Agency resources used to produce pro - preschool ads • Legal? Maybe • Ethical? Director resigned OdBest Practice • Avoid perks and the temptation to rationalize about them — Legally risky — Public relations headache Group 3: Transparency Laws - Public Policy Principles: It's the public's business • Public trusts a process it can see Brown Act's Declaration of Intent In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. Transparency Rules • Conduct business in open and publicized meetings • Allow public to participate in meetings • Allow public inspection of records Conducting Business at Open Meetings • A majority may not consult outside an agency - convened meeting • Key concept: what constitutes a meeting — Example: Serial communications • Exceptions for certain kinds of events — As long as a majority does not consult among themselves o z s Him �s �g a Ng 3�g�� s`s a a� a 19 • °` ��$m gel <� y ��s�ge- x °.� T'- ��..gbSY9� 6e 5 ° lit vs 24 �§o yy�ea fy: Yg =`Fa- 'etas n 9A � i a- °d6.8L a.8 'E ygg k ° a 0 !fail e s �a ud= 5 ; I � ; d ill! a < Z aE.3 <.$�.xs ygg.gGGg 3t OZ ituas Consequences of Violations • Nullification of decision • Criminal sanctions for intentional violations (up to 6 months in jail /$1000 fine) • Intense adverse media attention Public Records • Agendas and meeting materials • Other writings prepared, owned, used or retained by agency (including electronic) • Penalties: Adverse media attention +costs and fees if litigated Financial Interest Disclosure • Transparency includes obligation for high level public servants to disclose financial interests — Assuming office — Annually while in office — Upon leaving office Charitable Fundraising • Rule applies to elected officials • Disclose $5,000 or more from single source • Charitable, legislative or governmental purpose MA Best Practices • Assume all information is public or will become public • Don't discuss agency business with fellow decision - makers outside meetings Group 4: Fair Process Laws • Public Policy Principle: As a decision - maker, the public expects you to be impartial and avoid favoritism Fair Process Laws • Due process requirements and rules against bias Nasha — Clark v. Hermosa Beach • Incompatible office prohibitions Fair Process Laws, continued • Competitive bidding requirements — State law requirements — Charter requirements — Principles: • Everyone has a right to compete for agency's business • That competition produces the best price for taxpayers • Example: — Council member steered contracts to sister's firm and apparently received kickbacks Fair Process Laws, continued • Disqualification requirements if decision involves family members • Campaign contribution restrictions (appointed bodies) • Soliciting campaign contributions from employees • Charter requirements 91 Best Practices • Think fairness and merit -based decision - making in your decisions • Keep politics separate from relationships with City staff Resource for Further Reading Beyond the Law: Public Service Ethics Principles Ethics = Values • Six universal ethical values: — Trustworthiness — Loyalty — Responsibility • Community interest — Respect — Fairness — Compassion Source: Institute for Global Ethics Applying Values to Public Service Trustworthiness: • I am truthful with my fellow officials, the public and others. Ev When we talk about the values that ought to guide one's public service, what kinds of values do we mean? The following provides some ideas on values that can inform one's public service and suggests examples of what those values mean in practice. Trustworthiness I remember that my role is first and foremost to serve the community. I am truthful with my fellow elected officials, the public and others. I avoid an actions that would cause the public to question whether my decisions are based on personal interests instead of the publics interests. I do not accept gifts or other special considerations because of my public position. I do not knowingly use false or inaccurate information to .support my position. I do not use my public position for personal gain. I carefully consider any promises f make (including campaign promises), and then keep them. Fairness • I make decisions based on the merits of the issues. • I honor the law's and the public's expectation that agency policies will be applied consistently. • I support the public's right to know and promote meaningful public involvement. • I support merit -based processes for the award of public employment and public contracts... • I am impartial and do not favor those who either have helped me or are in a . position to do so. • I promote equality and treat all people equitably. • I excuse myself from decisions when my or my family's financial interests may be affected by my agency's actions. • I credit others' contributions in moving our community's interests forward. • i maintain consistent standards, but am sensitive to the need for compromise, "flunking outside the box," and improving existing paradigms. Responsibility • I work to improve the quality of life in the contmunW.' and promote the best interests of the public. • I promote cite efficient use of agency resources. • I do not use agency resources for personal ar political benefit • f represent the official positions of the agency to the best of my ability when authorized to do so. • i MACitly state that my personal opinions do not represent the agency's position and do not ;dlow the inference that they tin. I mike responsafdity for nay own actions, event when it is uncomfortiible to do so. • I do not use information that I acquire in my public capacity for personal advantage. • I do not promise that which I have reason to believe is unrealistic. • I disclose suspected instances of impropriety to the appropriate authorities, but I never make false charges or charges for political advantage. • I do not disclose confidential information without proper legal authorization. • I am proactive and innovative when setting goals and considering policies. • I consider the broader regional and statewide implications of the agency's decisions and issues. • I promote intelligent innovation to move forward the agency's policies and services. Respect • I treat fellow officials, staff and. the public with courtesy, even when we disagree. • I focus on the merits in discussions, not personality traits or other issues that might distract me from focusing on what is best far the community. • I gain value from diverse opinions and build consensus. • 1 follow through on commitments, keep others informed, and make timely responses. • I am approachable and open- minded, and I convey this to others. • I listen carefully and ask questions that add . value to discussions. • I involve all appropriate stakeholders in meetings affecting agency, decisions. • I come to meetings and I come to them prepared.. • I work to improve the quality of life in my community. Compassion _ • I realize that .some people are intimidated by the public process and try w make their interactions as stress -tree as possible. • I convey the agency's care for and commitment to its community members. • I am attuned to; and care about, the needs and concerns Iof the public, officials, and staff. • 1 recognize my responsibility to society's less fortunate. • I consider appropriate exceptions to policies when there are unintended consequences or undue burdens. Loyalty • I safeguard confidential information. • I avoid employment, contracts and other financial, political and personal interests that can conflict with my public duties. • I prioritize competing issues based. on . objective benefits and burdens to the public interest, not to myself, my family, friends or . business associates. • l don't oppose final decisions once they have, . been made by the decision makers, except .: through internal lines of communication. - I put loyalty to the public's interests above personal and political loyalties. The interesting - and somewhat unique — aspect of public service ethics is that iti: not excl usively an introspective process A public official can be absolutely confident that he or she is able to put, personal interests or relationships aside, but the public may still question whether:indeed that is so. Public perception, therefore,, matters a great deal in one's analysis of what the "right thing to do'. is in public service. This is because, as public servants, public officials are stewards of the public's trust in the public's governing institutions. In short, public service ethics is not only about doing the right thing; but also about the public's confidence that indeed the right thing has been be negative can have Us own tialis o 7o step; or at times tiptoe, along the trail toward good govemrnent, here is a simple (but not necessarily easy) process:. • First Step: Figure out what "the right thing' to do is. • Second Step:.Fgure out what the public's perception of "the right thing to do" would fie. • Third step: when needed, balance the 'first two steps and follow the path which best supports public service values. Analyzing Ethical Dilemmas Two kinds of dilemmas: • Two competing "right values" • Doing the right thing costs more than one wants to pay Example • Campaign contributor wants you to do something You are not convinced it's in the best interests of the community • Right versus right dilemma (loyalty versus responsibility) Doing the right thing (acting on responsibility) then becomes a personal cost dilemma Questions to Ask • What would make the public feel best/inspire public confidence? • What would you want to read about on the front page? • How do you want to be remembered? Key Lessons L6CAL OFFICIALS:,. ETHICS. .. CHECKLIST:��- Questions to Ask in Stickgv I S!ituati • The law sets minimum standards for ethical behavior — Violations of ethics laws carry stiff penalties — When in doubt, ask and ask early • It's your choice how high you want to set your sights above the minimum requirements of the law d Yp�j w � o N O O L d v d ' O N C io C W C ° M1. N +� O O O E v a u 3 N o R d Yp�j w � o N O O L d v d ' G C W C ° M1. N +� O O O E Q C^ N Y• a c v v L E '�- i p r. � LOCTa G LOV � :E 03 j 'UYC N • C W •� 61 C ° W C ° M1. N +� i p r. � •N � v G R � :E � j N • C W C C C « L � Y � � R C� � v O � , Q 2■aƒ �. 2A / � , . 2■aƒ �. R 7b4 S\ §)|= AB 1234 Compliance • Sign in • Proof of participation certificate • Provide to clerk as public record • Consider going beyond the minimum in terms of education Questions? 0 AB 1234 INSTRUCTOR'S MANUAL PROVIDER EVALUATION [your identifying Your feedback is a vital part of our efforts in providing ethics education information] and continuously improve our coursework. Please take a minute and let us know what you think. NAME: (optional) OFFICE: City Attorney's Office (Helpful) ORGANIZATION: City of Newport Beach (Optional) PLEASE RATE: The quality of the program 5 4 3 2 0 The quality of the written materials 5 4 3 2 0 The session provided me with information I will use in analyzing ethical and legal issues I confront as a public 5 4 3 2 1 official. I have a clearer understanding of my general ethical obligations as a public offwial as a result of attending this 5 4 3 2 1 session. I have a clearer understanding ofpublic service ethics laws as a result of attending this session. 5 4 3 2 1 Comments /Suggestions? [insert date, time and location for your records[ www.ca- ilg.org LINSTITUTE FOR LOCAL GOVERNMENT AB 1234 NsTRucToEes MAmuAL F, L 1pisTrrum FOR LOCAL GOVERNMENT www.ca-ilg.org 4 Participant Name: Course Date & Time: Location: AB 1234 DFST UCToR°a MANUAL. AB 1234 Ethics Education Proof of Participation Certificate Eligible Credit: 2 Hours (Requires Attendance for Entire Session) This course is an overview course on all public service ethics issues necessary to satisfy the requirements of Article 2.4 of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code, including the following: Laws relating to personal financial gain by public servants, including, but not limited to, laws prohibiting bribery and conflict -of- interest laws. Laws relating to claiming perquisites ( "perks ") of office, including, but not limited to, gift and travel restrictions, prohibitions against the use of public resources for personal or political purposes, prohibitions against gifts of public funds, mass mailing restrictions, and prohibitions against acceptance of free or discounted transportation by transportation companies. Governmegt transparency laws, including, but not limited to, financial interest disclosure requirements and open government laws. . Laws relating to fair processes, including, but not limited to, common law bias prohibitions, due process requirements, incompatible offices, competitive bidding requirements for public contracts, and disqualification from participating in decisions affecting family members; and General ethical principles relating to public service. The !insert provider name! affirms that this course satisfies the guidelines issued by the Fair Political Practices Commission and Attorney General for course sufficiency and accuracy. To be completed by participant: By signing below, 1 certify that 1 signed in at this session, participated in the activity described above and am entitled to claim ethics education credit hour(s). Participant Signature NOTE TO PARTICIPANT: Please provide a copy of this proof of participation to the custodian for such records at your agency. In addition, we recommend you make a copy of this proof of participation for your own records to retain for at least five years. These certificates are only available at this program; duplicates will not be issued. www.ca - ilg.org L.' iNSTrruTE FOR LOCAL GOVERNMENT