Loading...
HomeMy WebLinkAbout2021-05-06; City Council; ; City Council Workshop Focused on the Topics of Implicit Bias, Microaggressions, Teamwork, Communication Strategies, the Development of an Ethics Code and a PrioritizationCITY COUNCIL Staff Report CA Review CKM Meeting Date: May 6, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Sheila Cobian, Assistant to the City Manager Sheila.cobian@carlsbadca.gov or 760-434-2820 Subject: City Council Workshop Focused on the Topics of Implicit Bias, Microaggressions, Teamwork, Communication Strategies, the Development of an Ethics Code and a Prioritization Exercise Regarding Outstanding Minute Orders District: All Recommended Action Participate in a facilitated City Council workshop regarding the topics of implicit bias, microaggressions, teamwork, communication strategies, the development of an ethics code and a prioritization of outstanding City Council minute orders. Executive Summary At the City Council Goals Workshop held on March 11, 2021, staff facilitated a goal prioritization discussion and exercise. City Council voted to approve conducting a facilitated City Council workshop to work on team building, City Council communication and an ethics code to support the delivery of superior public service. Discussion A team of staff members with representatives from the City Attorney, City Manager and Human Resources departments worked together to identify facilitators to conduct the workshop described by City Council at their March 11 goal setting meeting. The first part of the workshop will be facilitated by Ellen Krug. Ms. Krug will lead a discussion on the topics of implicit bias and microaggressions. The second part of the workshop will be facilitated by JoAnne Speers. Ms. Speers will lead a discussion on the topics of teamwork, communication strategies and the development of an ethics code. Finally, staff will guide the City Council through a brief exercise to prioritize outstanding minute orders. Exhibit 3 includes the list of outstanding minute orders. Fiscal Analysis There is sufficient funding in the City Council FY 2020-21 budget for the costs to conduct the facilitated City Council workshop. May 6, 2021 Item #1 Page 1 of 91 Next Steps Based on the City Council's discussion and direction, staff will prepare and present an ethics code for the City Council's consideration at a subsequent City Council meeting. Staff will also continue working on completing the tasks requested in the outstanding minute orders based on the priority established by the City Council. Environmental Evaluation (CEQA) In keeping with California Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Therefore, it does not require environmental review. Public Notification Public notice of this item was posted in keeping with the Ralph M. Brown Act arid it was available for public viewing and review at least 24 hours before the scheduled meeting date. Exhibits 1.Workshop materials provided by Ellen Krug, Human Inspiration Works, LLC 2.Workshop materials provided by JoAnne Speers, Sz Ethics Strategies 3.Outstanding Minute Orders as of April 28, 2021 May 6, 2021 Item #1 Page 2 of 91 Exhibit 1 Human Inspiration \Nor KS LW A Deep Dive into Gray Area Thinking® and Allyship 101: How to Welcome, Accept and Support All Humans, Including "Other" Everyone habitually categorizes and groups humans who appear "different" from "us," which often lends to black and white thinking, as in "we" versus "them" or "safe" versus "risky" or "American" versus "immigrant" and a host of other isolating labels. With this presentation, I remind that regardless of skin color, religion, LGBTQ status, or gender, we are each working to survive the Human Condition. Because I've experienced what it means to move from one of "us" (as an ostensibly heterosexual Christian white male) to one of "them" (as a heterosexual Buddhist transgender female), I have far better idea of what discrimination and "otherness" feel like compared to when I lived as a high-earning white male trial lawyer. I also better understand what it's like to be part of a community that society often marginalizes or even shuns. Moreover, as workplaces and organizations tackle the hard work of being more welcoming to all team members/colleagues and the public (particularly for entities that directly engage the public), "allyship" (the action part of being an ally) becomes critical. To implement best practices relative to inclusivity and allyship, there first must be a culture that promotes such values. Often, creating and maintaining that culture involves difficult—and sometimes personally courageous—conversations. Those conversations can be in groups or one-on-one. How do we create a landscape that promotes good culture-building? What are the rules? What if culture leaders don't participate or have buy-in? Similarly, what if some leaders feel excluded from the discussion? This training focuses on best practices relative to fostering and maintaining an organizational culture that respects all team members through inclusivity and allyship. It's all about mindfully protecting others despite our obvious and not-so-obvious differences. Finally, I believe that 98 percent of all humans want to do the right thing; it's just that many of us don't know what the right thing is or we're afraid to take risks that involve interacting with people who are "different" from "us." With this talk, I offer a way—a toolset called Gray Area Thinking®—for getting past our fears to interact with diverse humans in a mindful and compassionate way. Doing so can be quite wonderful! 1 May 6, 2021 Item #1 Page 3 of 91 Ground Rules •98% of everything that I tell you is stuff that you already know; the problem is that we're just not paying attention to what's happening around us. •This is a judgment-free zone. Shaming or guilt are not at all intended. •Respect for other humans is paramount. •Understand that al/ will be uncomfortable. •We can only grow through discomfort; it's not working to create lasting change from our Barcaloungers. •I'm going to push you—in a kind and gentle way, but still, I will push you. •This isn't at all about good or bad people; rather, it's about understanding historical and present-day frameworks and then working to create positive change. •This isn't a gripe session nor is it a political rally. •Talking about how we "Other" humans is an incremental process; people must be brought along. You must bring yourself along. •I can't give you structural change in three hours. However, I can be a catalyst to cause you to have conversations. From those conversations, change can happen. I. Gray Area Thinking—Human Inclusivity 1. How we Group and Label Others/"GIP" Behavior: Challenges to Inclusivity Countered by Two Saving Graces •"Inclusivity": The extent to which a person feels that they "matter" or are of value to an organization or a group of people. •The power of Human Familiarity—acclimating to Ellie's voice. •Making people "Other" via grouping and labeling. •Neurobiology at work: Humans are wired for grouping and labeling/being mindful that you do it/don't allow yourself to marginalize others whom you group or label. •The concept of "GIP" (Group Identifying People)—insider vs. outsider. •GIPism provides security and identity but also inhibits group members from interacting with humans who constitute "Other." •Saving Grace No. 1: Humans have good empathetic hearts and want to do the right thing—hardwiring for empathy and compassion. 98 percent of people have good empathetic hearts; it's just that many aren't paying attention to use them, or we're afraid to do so. •Saving Grace No. 2: Buttressing empathy by remembering the Four Commonalities: (1) wanting a child in our life to succeed; (2) the need to be free of physical or emotional violence; (3) wanting 20 minutes of personal peace; and (4) the need to love and be loved. •For the Council, there's a 5," Commonality: Love for Carlsbad. •How the Four Commonalities can radically change our fear-driven society to be more inclusive and accepting of all. •Remembering the person who pours water for you at the restaurant tonight. •The power of normalization; good and bad. •A powerful simple statement: Telling someone, "I care about you." 2 May 6, 2021 Item #1 Page 4 of 91 2. How We Group and Label Ourselves—The Identity Game •The Identity Game—how self-labeling/categorizing drives and isolates humans. •Knowing that no one is alone in trying to survive the Human Condition. •The power of finding others who are struggling just like "me." •We can't understand another's story simply by how they appear or present. •Human vulnerability pulls us into each other; labeling vulnerability and valuing it. •Our core identity: Compassion for others. 3. Engaging in Gray Area Thinking®: A Toolset for How to Exercise Our Empathetic Hearts •Societal/cultural biases for black-and-white thinking: Good vs. bad; gay vs. straight; success vs. failure; rich vs. poor. •In reality, many persons "live in the gray" relative to gender, sexuality, race, religion, careers, relationships, etc. •Hallmarks of Gray Area Thinking®: (a)Awareness of human vulnerability (or suffering); (b)Risk-taking to soften or lessen another's vulnerability (or suffering); (c)Acting with Compassion/kindness. •Three key takeaways: Stopping for another human; ensuring for human dignity; and "seeing" other humans. •A sobbing stranger on a park bench: The Platinum Level of Gray Area Thinking®. •Bronze Level Gray Area Thinking® involves day-to-day awareness and risk- taking. •A pitch for self-help and other groovy stuff: Gray Area Thinking® works inward as well as outward! •Remember ARC (Awareness, Risk-taking, Compassion/Kindness). 4. Three Levels of Human Inclusivity—Tolerance, Acceptance and "Rock Star" •Mentoring: Helping a team member succeed in the job they're assigned. •Sponsorship: Mentoring on steroids—thinking imaginatively (and sometimes using political capital) to enrich a team member, who in turn will enrich the organization. •Tolerance: Not valuing a team member's personal story/limiting familiarity. Doing the bare minimum. No imagination for positive interaction. •Acceptance: Becoming familiar with another; still, "acceptance" often means that we artificially draw lines on how inclusive we will be/limit imagination or curiosity about another. Refusing to sponsor someone. •"Rock Star": The inclusivity goal for every organization! Thinking imaginatively/with curiosity about empowering team members via some form of sponsorship. Recognizing human potential and working to unleash it. Asking yourself, "What new person should I invite to this meeting (or lunch 3 May 6, 2021 Item #1 Page 5 of 91 or dinner or party)?" Can take using political capital to help position someone as a future leader. Consciously ignoring your tendency to group and label. •We can't sponsor every team member, but certainly we can do better than what's happening now. Use your imagination; simply giving someone a note, "You did great today!" can make a huge difference. •Tips: o Create space for persons who live in the margins; don't allow for a thin margin for failure. o No apples-to-apples treatment—SAT or ACT test scores don't tell the complete story; persons with privilege haven't learned poverty or marginalized life skillsets. o Don't be afraid to speak up for a person: "Hey, what you just said isn't at all cool!" o Understand that society easily utilizes double standards and ask why that is. o The difference between "opinion" and "experience." We all have opinions but often lack the experience to create informed opinions. o Don't assume that you know what everyone's experience is; it's true that society treats "different" persons "differently"; you can't get blisters unless you walk in another person's shoes (or vice versa). o Awareness that explicit bias, implicit bias, micro-inequities, micro- aggressions, and cultural incompetency/arrogance all exist. o The difference between arrogance and curiosity. o A truly inclusive organization is filled with Rock Stars! o Inclusivity must be a constant value; it requires a positive, visible workplace culture and won't occur unless there's culture leader buy-in, leadership, and modeling. Otherwise, the organization will only waste time, money, and people. •The dark side of familiarity—humans can tolerate almost anything if they hear/experience it long enough. •What's happening at your "front counter" relative to customer service and colleague interactions? Are team members treating the white-color woman wearing pearls differently than the black woman wearing a hijab? What have you done to answer that question? •Host conversations in your organization or community with the intent to get to know anyone who is "Other" by virtue of skin color, religion, LGBTQ status, disability status, or anything else that we use to separate us. Here are some prompts (several are courtesy of Michael Fosberg, author of Incognito: An American Odyssey of Race and Self Discovery): > Tell us two hobbies you engage in. >Who had a great influence on you or in your life? >Tell us about a turning point in your life. >Name something that you are grateful for. >What is your earliest race-related memory? >Name an "oh ha" moment in your life. 4 May 6, 2021 Item #1 Page 6 of 91 II. Allyship 101—The Glue that Holds Inclusivity in Place 1. Basics re: Allyship •"Ally" is an identity; "Allyship" is a form of action. •An ally acts to help humans who often lack a voice to speak on their own behalf or who aren't always in the room when demeaning or marginalizing comments/behaviors occur, or marginalizing policies or plans are made. Thus, it's important to understand that "ally" connotes way more than mere awareness and that "allyship" means actively protecting or speaking up in support of humans who lack equity. This may also include calculating the risks of speaking up/engaging in allyship. •Words and Phrases for $500: an important first step in allyship is understanding the historical/statistical framework for why certain groups of human need allies. Hence, one must understand words and phrases like "privilege," "marginalization," "sexism," "equity," "legal rights," "mansplaining" and "It was only a joke!" •Recognizing that there are many "communities" which identify by race, gender, LGBTQ status, ethnicity, disability status, religion, socioeconomic status, age, etc. I know, things are complicated! •Covering the Territory: Allyship is not limited to protecting/speaking up on behalf of one group. Rather, many groups—women, people of color, persons practicing non-mainstream religions (or none), LGBTQ persons, older persons and persons with disabilities all need workplace allies; sometimes they need for those allies to show up in different ways. •Culture and Systems: Allyship can't operate in a vacuum. An organizational or workplace culture that values marginalized humans/team members operates way differently than a workplace or system that doesn't (e.g., does there exist an inclusivity mission or value statement and/or employee resource groups?). •Do's and Don'ts: Because we lack a Human Owner's Manual, we humans must figure out things as we go along. As with anything else, there's a right way to be an ally and a wrong way. Every ally makes mistakes; it's critical to apologize; forgiveness is equally critical; and good intent matters on both sides of the equation. •lntersectionalities: Allyship usually intersects with other core workplace factors, such as management styles; personal growth; political correctness; and balancing workplace life with personal life. Yep, nothing is easy! •Allyship is inconvenient: a true ally shows up all the time regardless of the setting or parties involved. It's not the kind of thing one might turn on or off. •Modeling: Whether organizational leaders intend or not, their behavior (words/actions) constitute modeling for team members (or in the case of elected officials, modeling for constituents). Everything ripples; that rippling can be positive or negative. It's rarely, if ever, neutral. •Compassion=giving of time to be a mentor or a sponsor. Sponsorship is the highest form of compassion. It also can be a way of demonstrating allyship to another person or group of people. 5 May 6, 2021 Item #1 Page 7 of 91 •An Acronym to Remember: ALLY: A (Awareness—both historical and present-day); L (Looking—to protect who is present and who isn't); L (Listening—to what's said and what isn't said); Y ("Yo"—as in "Yo, that's not a cool thing to say." In other words, actually acting as an Ally). •Process, process, process: It's okay if you miss an opportunity to be someone's active ally—things happen. Just resolve to try harder next time. Persistence does pay off! 2. Historical Awareness—Critical to Allyship •Understanding that everyone has both obvious and hidden identities and traumas, each of which can be a basis to marginalize or discriminate (including to ignore) another human. •Our identities are informed by history (and sometimes, historical trauma), family, an intrinsic need to live authentically, current political or social landscapes, and a host of other things. •Many of us have blind spots relative to the historical and present-day challenges of others. •Practice in expanding/formulating perspective and minimizing judgment. Read up about others' challenges. •if you want to be an ally, you must educate yourself about the history and challenges of the group you're an ally of. •Many of us simply want to be "seen"—respected for who we are. Learning about marginalized groups will help to see them. •"I want to understand this" vs. "Help me to understand this." The first statement puts the burden on you to educate yourself as an ally; the second statement puts the burden on the marginalized person. The goal: it's your responsibility to self-educate and not that of the marginalized person. 3. Engaging in Courageous Conversations (e.g., Talking or Speaking Up) •The parties to an allyship-related conversation or event often include: The Actor/Vocalizer/Marginalizer—the person who engages in marginalizing behavior either intentionally or ignorantly; The Target—the person who is he object of the marginalizing words or behavior; The Ally—the person in a position to speak up/act on behalf of the Target. The Witness—someone who sees/hears what's happening and who's trying to decide whether to engage in allyship. The Avoider—someone who feigns ignorance or who avoids, runs away, or simply refuses to do anything due to fear or indifference (more likely the former rather than the latter). •Styles of Allyship (or not): Sliding Up—making your presence known and using body language to let the Actor/Marginalizer know that their words/actions aren't acceptable. Direct Approach—using the "Yo" in ALLY to specifically communicate to the Actor/Marginalizer that what they've said/done isn't acceptable. 6 May 6, 2021 Item #1 Page 8 of 91 Sidebar—Engaging the Target and/or the Actor/Marginalizer after the microaggression takes place (to provide support for the Target and to call out the Actor/Marginalizer re: their words or actions). Reporter—alerting a person in power/in charge to the Actor/Marginalizer's words or action and letting them take it from there. Avoidance—failing to engage in allyship; remember, humans are great at denial/avoidance. However, avoidance won't prevent your empathetic heart from making you feel shame. Your Escape Phrase—because we often don't know what to say when we experience or witness marginalization, a good "escape phrase" is the word, "Uncomfortable," as in, "What you just said makes me feel uncomfortable." Many times, this will stop the marginalizer's behavior. Using the phrase may buy you time to figure out a secondary strategy for how to deal with what you just heard/witnessed (e.g., contacting a person in power to report the incident). •A reminder about what it means to be a "leader." A leader actually leads; they "do." It takes personal courage to "do." •Talking about inclusivity and allyship is difficult for many since we're always afraid of saying the "wrong thing" or of offending someone who's on the conversation (or who may later hear about the conversation). Once more, we're back to the lack of a Human Owner's Manual. •Often the most intimidating part of allyship is the actual conversation (words, actions, body language) involved in advocating on behalf of another human. Culture leaders need to model ways that promote safe conversations and which still make the point. This includes handling those "backroom conversations" where "it's just us men" (or "women" or "gay folks" etc.). •Ground rules for productive, safe Courageous Conversations: The Three Freedoms and One Responsibility—freedom to think and imagine; freedom to speak without risk of retribution; and the freedom to reply without being judged. The responsibility: to speak only for myself. •Constants: respect, civility and respecting one's personal space. •More constants: focusing on intent and the need for forgiveness on all sides. •The No Seeping Rule: while it's critical that productive action/conversations ripple from a Courageous Conversation, what shouldn't ever seep are gossip/marginalizing words about conversation participants. •Us vs. Them: the goal is to always recognize commonalities far more than differences (see the Four Commonalities from Gray Area Thinking®) so that everyone is "us" focused. •"Struggle": this one word encapsulates the arc of humanity as we have moved from the "isms" (racism, colonialism, classism, sexism, homophobe-ism, disability-ism, etc.) to freedom and mutual recognition and respect. Everyone deserves an equal place at the table. •Work and Incrementalism: every item of progress relative to inclusivity and allyship is incremental and most of all, it takes work. 7 May 6, 2021 Item #1 Page 9 of 91 4. Apology and Forgiveness •Apology: You are going to make a mistake/say/do the wrong thing; I guarantee this. Own up to it and apologize to the person/group whom you've offended. •Timeliness: an apology needs to be timely—don't delay thinking that the offended person (survivor) might forget what was said or done or by believing that the survivor's behavior suggests that no harm has occurred. •Genuine: an apology must be real and heartfelt. Just going through the motions won't cut it. The survivor will see through you. •Broken Trust: Mistakes that result in marginalization or in failing to speak up for others or for oneself undermine trust. It's extremely difficult to regain trust without genuine apology/changed behavior following the apology. •Forgiveness: It's equally important to forgive; failing to forgive will create festering that can infect the entire team and emotionally harm the survivor. •If the survivor is having difficulty forgiving a transgression after the marginalizer has genuinely apologized, the survivor must double down/work to forgive. If need be, involve a therapist or counselor to assist in overcoming the difficulty to forgiving. •A wonderful resource for understanding how to forgive is the Worthington REACH Forgiveness Model: http://www.evworthington- forgiveness.com/reach-forgiveness-of-others/ 5. Shutting Down Micro-Aggressions (aka Confronting Racism, Homophobia, Transphobia, and other Marginalizing Behavior) •Questioning: "I'm not sure what you mean by that statement (or question). Can you tell me more?" Or if it's a joke: "I don't understand the joke; can you break that down for me?" •Educating: "Actually, I just read an article that says quite the opposite" or "Really? I just read an online article (or saw on TV) that in fact the reality •Empathetic Relating: "I wonder how it actually feels to be in her (his) (their) shoes." •Expressed Emotions: "I Statements" such as "I'm hurt by what you just said." Or "I'm really rethinking our relationship (project, joint paper, party plans....) because of your statement." •Returning to it later/avoiding the Fight or Flight Emotion (aka Sidebar): "Two days ago you said in the staff lounge...." •Direct Approach: "Not cool dude. Not cool at all." (My favorite.) •Double back to Gray Area ThinkingTm and internally (as well as externally) fighting against normalization. We're human and operate off cues from each other; this is sometimes good but often not so good re: being welcoming. •Everything takes work and facing our fears. Remember that, please! 8 May 6, 2021 Item #1 Page 10 of 91 Quick Resources •Brene Brown on understanding and valuing the power of human vulnerability: https://www.ted.com/talks/brene brown on vulnerability?language=en •Tony Hoagland, "The Cure for Racism is Cancer," The Sun Magazine (September 2018) https://www.thesunmaciazine.org/issues/513/the-cure-for-racism-is-cancer •Rebecca Muller, "14 People on the Moment of Kindness that Changed Their Lives," Shine (December 4, 2018) https://advice.shinetext.com/articles/14-people-on- the-moment-of-kindness-that-changed-their- lives/?utm campaign=SMS&utm medium=BroadcastPopCulture&utm source=S hine •National Public Radio, "Study: Poor Are More Charitable Than the Wealthy" (2010): https://www.npr.org/templates/story/storv.php?storyld=1 29068241 •Sheryl WuDunn and Nicholas Kristof, Half the Sky (New York: Vintage, 2010) (a groundbreaking book about the second-class status of women in the world and how women and girls have overcome crushing adversity). Personal Contact/Standing Offer Ellen (Ellie) Krug at elliejkrua@gmail.com Website: www.elliekrug.com Company website: www.humaninspirationworks.com Author, Getting to Ellen: A Memoir about Love, Honesty and Gender Change (2013) Book website: www.gettinatoellen.com (Book available on Amazon, Kindle, etc.) Twitter: @elliekrug (feel free to Follow me) Facebook: Ellen Krug Minnesota (feel free to Friend me) Linked In: Ellen (Ellie) Krug (feel free to Connect with me) Sign up for my newsletter, The Ripple, by clicking on "Newsletters/Media" at www.elliekrug.com Listen to podcasts from my AM950 radio show, "Ellie 2.0" (Saturdays 10:00-11:00 a.m. and Sundays 1:00-2:00 p.m. CST) at http://www.am950radio.com/events/ellie-2-0/ My standing offer: any human can contact me relative to gender or sexual identity issues or anything else related to surviving the Human Condition. I'm a good listener and willing to meet with anyone in a public place or speak on the telephone for up to an hour. This is a real offer. Email: elliejkrug@gmail.com Please have compassion for yourself and for others and remember the need for Gray Area Thinking®! ellie Copyright 2021 Co) by Ellen Krug This document may not be reproduced or copied without permission (Rev. 5.211 9 May 6, 2021 Item #1 Page 11 of 91 Exhibit 2 Memorandum To: Mayor and City Council Members From: JoAnne Speers Principal, S2 Ethics Strategies Date: April 29, 2021 Subject: Resource/Preparation Support for May 6 Council Workshop (Second Part: Communications, Leadership and Ethics) I am very much looking forward to our conversations during the May 6, 2021 workshop. As you know, one of the goals the Council recently set is to participate in a facilitated discussion relating to team building, communication and ethics to support the delivery of superior public service. The Council's discussion also indicated a desire to take advantage of a process for adopting a values-based ethics code described in a 2003 Institute for Local Government publication called Developing a Local Agency Ethics Code: A Process-Oriented Guide. The ILG process guide describes a process that enables a group to think about how values inform behavior generally and more specifically in the public service context. The goal is to answer the question: what do we do when we are acting at our best? Here are materials you can review to prepare for the workshop: •Begin with the End in Mind: Effective Councils. This is a recent Western City article that describes the attributes of exceptional councils: https://www.westerncity.com/article/after- campaign-over-aim-exceptional. Of course, if you read this in January when if was first published, no need to read again. •Synergies Among the Concepts t4 Communications, Teamwork and Values (2 pages). Attachment A presents some thoughts (and research) relating to the connections among 1) communications, teamwork and leadership, and 2) values and ethics. The attachment includes www.strategiesilethics.com May 6, 2021 Item #1 Page 12 of 91 Carlsbad Mayor and City Council April 29, 2021 Page 2 of 2 suggested communications approaches (sometimes called "ground rules") that contribute to effective teamwork. •Process Structure, Possible Decision Points and Language for Workshop Work Product (31 pages, but lots of white space). Attachment B depicts the proposed overall process structure. It also offers a series of "decision tools" as a way to support the Council in identifying their respective preferences and generating ideas. •Background Resource: ILG 2003 Publication Excerpt (44 pages). Attachment C (44 pages) is an excerpt of the ILG guide, which is the same document (in abbreviated form) you received as an attachment for your second goal-setting workshop. If you read that document then, you need not do so again unless you want to refresh your recollection of its contents. The process structure and decision tools (Attachment B) are an update of the menus/worksheets in the 2003 RC publication based on language in subsequent local agency codes and the Council's expressed interests in teamwork and communication. The updated tools also supplement the 2003 guide by offering ideas of example behaviors and contexts (which the guide originally suggested users come up with themselves). However, the tools are not intended to limit or constrain your own ideas for either concepts or language. The menus therefore include numerous blank spaces as prompts to invite your own contributions. (These spaces make Attachment B appear lengthier than it substantively is.) These decision tools are a part of the effort to be respectful of your time by making it as time efficient as possible to prepare for and participate in the workshop. Reviewing the above materials and thinking about your preferences and priorities should take 90 minutes to a few hours, depending on how much time you would like to invest and how detailed you would like to be. Please feel welcome to reach out to me if you have questions or concerns. Again, I look forward to May 6. Attachments: A. Synergies Among the Concepts of Communications, Teamwork and Values B.Description of Process Structure and Decision Tools C.Excerpt from 2003 ILG Publication (Background) May 6, 2021 Item #1 Page 13 of 91 Attachment A Attachment A: Synergies Among Concepts of Communications, Teamwork, Values and Leadership What strategies are available to leadership teams to maximize their communication effectiveness with one another? Consultant and scholar Dr. Roger Schwartz recommends team members use the following communications strategies, which he (and others) call a "mutual learning approach." Dr. Schwartz notes that this approach "honors the best of who we are as human beings."1 Underlying this approach, according to Dr. Schwartz, are the values of transparency, curiosity informed choice, accountability, and cornpassion.2 The associated communications practices (or behaviors) include: •Defining important words/concepts; use examples •Testing inferences and assumptions; asking genuine questions •Explaining reasoning and intent when sharing views •Focusing on interests (what needs does a solution have to meet to work for you?) instead of positions •Decision-Rules: o Looking for areas of agreement o Determining whether areas of disagreement can become areas of agreement with modification (focusing on interests).3 Dr. Schwartz believes these strategies should be a team's agreed upon "ground rules" for communication. He argues, based on his 30+ years of work in this area, that such an approach leads to higher quality decisions, better working relationships, increased trust, productive (as distinguished from destructive) conflict and reduced stress.' Interestingly, many of these strategies dovetail with public engagement thought leader Dr. Lawrence Susskind's "mutual gains" approach for effective public engagement strategies.5 See Schwartz biography at https://www.amazon.corn/Roger-M.- Schwarzle/B001K8X12K?ref =dbs_p_pbk_r00_abau_000000. 2 See https://www.schwarzassociates.com/what-is-the-mutual-learning-approach/ 3 Schwarz, R. Ground Rules for Great Meetings, Harvard Business Review (June 15, 2016), available from hftps://hbr.org/2016/06/8-ground-rules-for-great-meetings Dr. Schwartz' Liakedln page, Imps://www.linkedin.com/in/rogerschwarz/. 5 See, for example, Susskind, L. and Field, P. Dealing with an Angry Public: The Mutual Gains Approach to Resolving Disputes (1996), New York, NY: Free Press. 4.27.21 May 6, 2021 5Ethics 2, Strategies Page A-1 Item #1 Page 14 of 91 Attachment A: Effective Team and Communications Strategy Options Also thematically similar is the concept "facilitative leadership" described by public administration scholar Dr. James Svara and scholar/former mayor Dr. John Nalbandian.6 They note that facilitative leadership offers local elected officials a way to be effective leaders in local government structures that 1) distribute power among a multi-member decision-making body (councils) and 2) assign executive functions to the city manager. Each of these practices also tie to the core values identified by the Institute for Global Ethics (see below). For example, transparency relates to trust and informed choice and accountability relate to responsibility. A suggestion is that the council try engaging in these practices during the workshop and think about whether they want to include these practices in the work product from the workshop. Defining Important Words: Ethics The Institute for Global Ethics was interested in the research question of whether the term "ethics" could be defmed objectively in a way that most people can agree with. It interviewed Nobel Peace Prize laureates representing differing nationalities, religions, life experiences and cultures. That research suggested that most people agree that behaviors reflecting the following values tend to result in what we call "ethical" behaviors: o Trustworthiness o Fairness o Compassion o Respect and o Responsibility. The Institute for Global Ethics therefore calls these "universal values."7 Influential author Mary Gentile also looks to this research and these values for a working definition of ethics.8 It is important to note that certain situations can present choices (conflicts) between what the Institute for Global Ethics considers to be universal or core values (which the Institute calls "right versus right" ethical dilemmas). Some situations also present another kind of dilemma, which is when acting according to values presents the risk of paying a personal cost (for example, by putting a position or a relationship at risk). The Institute calls those kinds of ethical dilemmas "moral courage" ethical dilemmas.9 6 See for example, John Nalbandian's influential essay (chapter 2) in Svara's book Facilitative Leadership in Local Government (1996), available at https://books.google.com/books?h1=en&lr=8cid=CqueEwi iXDEC&oi=fnd&pg=PA37&dq=Facil itative+Leadership +for+elected+officials+nalbandian&ots=Z1o6HgcnEF&sig=8MbIjkOPc0FZOC6zaBDTZxA68UMItv=onepage&q= Facilitative%20Leadership%20for%20elected%20officials%2Onalbandian&f=false (and concluding at pp. 52-53 with the importance of the values of trust, respect and loyalty based on trust and respect). 7 Kidder, R.M. How Good People Make Tough Choices. (1995) New York, NY: Simon and Schuster at 77-108. 8 Gentile, M. Giving Voice to Values: How to Speak Your Mind When You Know What is Right. (2010) New Haven, CN: Yale University Press. 9 See generally Kidder, R.M. Moral Courage. (2006) New York, NY: Simon and Schuster. Ethics y.2v.,12021 Strategies Item #1 Pagepla5ggfRi Attachment B Attachment B: Decision Tools Overview This document has three sections: 1.A brief overview of process, which will include opportunities for input along the way; 2.A series of tables linking values to possible expressions or applications of those values to the public service context and more specific aspirational behaviors (including some accountability mechanisms); and 3.A draft preamble and implementation steps (with possible further accountability mechanisms). It's important to keep in mind that these materials are just the starting point for thinking and discussing any work product resulting from the discussion and decisions at the workshop. The goal is for the group to further flesh out, supplement and prioritize the concepts in the workshop itself. Decision Process and Points Preliminary Decisions Question 1: To Whom Should the Work Product Apply? 13 Council (Focus of 5/6 Workshop) D Boards & Commissions U Top Level Management CIAO Staff LI Other (Explain) Question 2: What Time Horizon? D Review and update in a year Revisit as part of values discussion in strategic plan D One and done Cl Other (Explain) Continued on next page Ethics 4.29.21 Strategies Page B-1 May 6, 2021 Item #1 Page 16 of 91 Attachment B. Decision Tool: instructions and Process Work Product Content O Comprehensive: All values •Focused: Some values •Focused & Tailored: Some values (for example, respect) + communication & teamwork J Streamlined: Just big picture expressions and examples (less focus on values) —I Simplified: "Big picture value expressions/no examples J Other (Explain) Question 4: What Specific Content? CI What behavior should we aspire to? LI How do we hold ourselves accountable? Wrap Up and Next Steps Code Name Question 5: Final Details A First ("I.. ") or Third ("Council Members.. .") Person? Li Preamble Language (see last page for draft) U Implementation & Accountability (see language in various menus + preamble language) U Other Loose Ends 4.29.21 5 Ethics Strategies Page R-2 May 6, 2021 Item #1 Page 17 of 91 Attachment B Decision Tool: Instructions and Process Decision Tools To support you on determining the ultimate content of the work product resulting from the workshop, attached are a series of "decision tools." These are an update of the menus/worksheets in the 2003 ILG publication based on language in subsequent local agency codes and the Council's expressed interests in teamwork and communication. The updated decision tools also supplement the 2003 documents by offering ideas of example behaviors and contexts. Note: some of these expressions are similar or even a bit redundant, because different councils have chosen different ways of expressing themselves. What language best expresses the Carlsbad City Council's views is part of the decision process. The tools also illustrate the suggested multi-level aspect of developing standards, based on the format pioneered by the City of Santa Clara in 2000. These levels involve identifying: •Values or topics; •"Big picture" expressions of those values or topics in the public service context; and •More specific examples or contexts when those bigger picture expressions arise (ideally framed as aspirational "do's" rather than "don'ts"). Here is an illustration of this three-level description linking values to increasingly specific concepts: Example Core or Universal Value What This Looks Like in Practice in Public Service (Big Picture Do's) Example Contexts or Behaviors (More Specific Do's) Respect As a leader of the community, I model civility in my words and actions. I refer to my colleagues on the Council by their formal city titles (for example, "Council Member," "Mayor," etc.), unless an individual has expressed a preference for an alternative title (for example, "Reverend," "Dr.," etc.) 4.2.9.21 ‘.. 5Ethics Strategies Page B-3 May 6, 2021 Item #1 Page 18 of 91 Attachment B Decision Too: instructions ,-.4rid Process The underlying goals of this multi-level process are to: •Start the conversation from a place of likely consensus (universal or core values as identified by Institute for Global Ethics); •Encourage group discussion about what these values mean generally in a public service context and what document scope might serve the city's needs at this time; and •Drill down to more specific behaviors to which the group wants to aspire. In advance of group discussion, the process necessarily starts broad (more comprehensive). That being said, a decision point for the Council is how comprehensive and/or detailed it wants its workshop work product to be. The city could decide to focus on a few values or topics during the coming year, for example, or consider whether fewer layers produce a clearer product. Question 3 in the preceding pages tees up these issues. Finally, the following pages are framed as "tools" because they are options to select from among (and the document formatting is designed to facilitate choice-making) However, the tools are also intended to stimulate your thinking about what might be missing or what might be more effectively worded. The tool provides space for these ideas. Ethics Strategies 4.29.21 Page B-4 May 6, 2021 Item #1 Page 19 of 91 What Does Trustworthy Behavior Look Like for Public Officials? Value: Trustworthiness •When Public Officials Are Acting at Their Best, What Does Being Trustworthy Look Like? Possible 'Big Picture" Expression of What Trustworthiness Means in Public Service Context Possible More Specific Examples of How or When Trust Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression in the column at right: Yes, No or Maybe? Possible Expression: Being Trustworthy Means.... Possible Examples: An Example of Trustworthy Behavior is. .. . Your Reaction to Example at Left: Yes, No or Maybe? 1. I comply with both the letter and the spirit of laws that are designed to promote public trust and confidence in our agency's decision- making. I step aside from the decision-making process when my personal or political interests may cause the community to reasonably question whether I can put the public's interests first in my decision-making. I avoid any actions or relationships that might cause the public to question whether my decisions are based on individual interests instead of the public's interests. I decline gifts, services or other special considerations because of my public position. I do not use my public position or information I receive in connection with that position for personal gain. Ethics 4.29.21 Strategies Page B-5 May 6, 2021 Item #1 Page 20 of 91 What Does Trustworthy Behavior Look Like for Public Officials? Possible "Big Picture" Expression of What Trustworthiness Means in Public Service Context Possible More Specific Examples of How or When Trust Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression in the column at right: Yes, No or Maybe? Possible Expression: Being Trustworthy Means.... Possible Examples: An Example of Trustworthy Behavior is .... Your Reaction to Example at Left: Yes, No or Maybe? 1 disclose suspected instances of unlawful behavior to the appropriate authorities and support others who do likewise, but I do not make false, questionable or unsupported accusations. Additional/Alternative Examples of Complying with the Spirit of the Law? Ethics 4.29.21 Strateglos Page 6-6 May 6, 2021 Item #1 Page 21 of 91 What Does Trustworthy Behavior Look Like for Public Officials? Possible "Big Picture' Expression of What Trustworthiness Means in Public Service Context Possible More Specific Examples of How or When Trust Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression in the column at right: Yes, No or Maybe? Possible Expression: Being Trustworthy Means . ... Possible Examples: An Example of Trustworthy Behavior is . ... Your Reaction to Example at Left: Yes, No or Maybe? 2. I am truthful with my colleagues, the public and others. I carefully consider any promise I make and then I keep it; I make only promises I believe are realistic. i do not knowingly use false, inaccurate, unreliable or biased information to support my positions or views. I am transparent and forthcoming about my intentions and goals with the public, my colleagues, staff and others. I contribute to an interpersonal environment that supports such transparency and forthrightness from others. I honor commitments I and my agency make. I represent the official positions of the agency to the best of my ability when authorized to do so. I am clear when stating my own views that these views may or do not represent the agency's position; I do not allow the inference that they do. I credit others' contributions to moving our community's interests forward. EIhic 4,29.21 Strategies Page [3-7 May 6, 2021 Item 111 Page 22 of 91 What Does Trustworthy Behavior Look Like for Public Officials? Possible "Big Picture" Expression of What Trustworthiness Means in Public Service Context Possible More Specific Examples of How or When Trust Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression in the column at right: Yes, No or Maybe? Possible Expression: Being Trustworthy Means . ... Possible Examples: An Example of Trustworthy Behavior is. .. . Your Reaction to Example at Left: Yes, No or Maybe? I only disclose confidential information when I am authorized to do so. Additional/Alternative Examples of What it Means to be Truthful? 4.29.21 May 6, 2021 5Ethics Slratogios Item #1 Page B-8 Page 23 of 91 What Does Trustworthy Behavior Look Like for Public Officials? Possible "Big Picture" Expression of What Trustworthiness Means in Public Service Context Possible More Specific Examples of How or When Trust Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression in the column at right: Yes, No or Maybe? Possible Expression: Being Trustworthy Means.... Possible Examples: An Example of Trustworthy Behavior is . ... Your Reaction to Example at Left: Yes, No or Maybe? 3. I invite public input in the decision- making process to inform my sense of what is in the community's best interests (note: could go under responsibility). I am attentive and engaged in meetings. I gain value from diverse perspectives and consider them in my decision-making. I act in ways that help people feel welcome and valued when they participate in our agency's decision-making processes. I involve all appropriate stakeholders and the public in general in meetings affecting agency decisions. Additional/Alternative Examples of What it Means to Support Public Input? 4.29.21 May 6, 2021 5L Ethics Strategios Page 8-9 Item #1 Page 24 of 91 What Does Trustworthy Behavior Look Like for Public Officials? Possible "Big Picture" Expression of What Trustworthiness Means in Public Service Context Possible More Specific Examples of How or When Trust Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression in the column at right: Yes, No or Maybe? Possible Expression: Being Trustworthy Means .... Possible Examples: An Example of Trustworthy Behavior is .. .. Your Reaction to Example at Left: Yes, No or Maybe? What's missing as an expression of what it means to be trustworthy in public service or more specific examples? What is a better way to express some of the above ideas? Feel welcome to use the space below to record your thoughts (plus any additional sheets as necessary). 4.29.21 May 6, 2021 5 Ethics Strategios Page 8-10 Item #1 Page 25 of 91 What Does Respectful Behavior Look Like for Public Officials? Value: Respect •When Public Officials Are Acting at Their Best, What Does Being Respectful Look Like in Practice? "Big Picture" Expression of What Acting Respectfully Means in Public Service Context More Specific Examples of How or When Respect Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression at Right: Yes, No or Maybe? Possible Expression: Acting Respectfully Means.... Possible Examples: An Example of Respectful Behavior is .... Your Reaction to the Example at Left: Yes, No or Maybe? 1. As a leader of the community, I model civility in my words and actions. In all communications contexts, I treat my fellow officials, staff and the public with patience, courtesy and an appreciation for our common humanity, even when we disagree on what is best for the community. I focus on the merits in discussions of issues, not personalities, abilities, personal attributes, character or motivations. I refer to my colleagues on the Council by their formal city titles (for example, "Council Member," "Mayor," etc.), unless an individual has expressed a preference for an alternative title (for example, "Reverend," "Dr.," etc.) I contribute to a culture of recognition by recognizing colleagues and others who model values-based decision-making under challenging circumstances.(Note: Also relates to implementation strategies) EIhk 4.29.21 Strategies Page B-11 May 6, 2021 Item #1 Page 26 of 91 What Does Respectful Behavior Look Like for Public Officials? "Big Picture" Expression of What Acting Respectfully Means in Public Service Context More Specific Examples of How or When Respect Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression at Right: Yes, No or Maybe? Possible Expression: Acting Respectfully Means.... Possible Examples: An Example of Respectful Behavior is .... Your Reaction to the Example at Left: Yes, No or Maybe? By words and actions, I model a response to disagreement that emphasizes reasonable and well-intended people can disagree on what best serves our community. When campaigning, I limit my communications to issues relevant to my fellow candidates' ability to perform the duties of the office that we each seek (and encourage my supporters to do so as well). Additional/Alternative Examples of How One Models Civility? 4.29.21 Strotegies Page B-12 May 6, 2023. Item #1 Page 27 of 91 What Does Respectfui Behavior Look Like for Public Officials? "Big Picture" Expression of What Acting Respectfully Means in Public Service Context More Specific Examples of How or When Respect Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression at Right: Yes, No or Maybe? Possible Expression: Acting Respectfully Means.... Possible Examples: An Example of Respectful Behavior is .... Your Reaction to the Example at Left: Yes, No or Maybe? 2. I respect others' time (note: could go under responsibility). I come to meetings prepared and having read the agenda materials. In deciding how to contribute to conversations, 1 prioritize adding value and sharing relevant information and perspectives. 1 participate in and recognize the results of strategic planning, goal-setting, budgeting and other activities that involve collectively setting priorities for use of public resources, including staff time. Additional/Alternative Examples of Respecting Time? Ethics 4.29.21 Strategies Page B-13 May 6, 2021 Item #1 Page 28 of 91 What Does Respectful Behavior Look Like for Public Officials? "Big Picture" Expression of What Acting Respectfully Means in Public Service Context More Specific Examples of How or When Respect Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression at Right: Yes, No or Maybe? Possible Expression: Acting Respectfully Means.... Possible Examples: An Example of Respectful Behavior is . . . . Your Reaction to the Example at Left: Yes, No or Maybe? 3. I recognize that others have different perspectives and information that can help me decide what best serves our community's interests. (Note: also can relate to inviting public input under trustworthiness and communication under responsibility.) I am open-minded, willing to listen to all perspectives, and 1 communicate this often in both word and action. I endeavor to make people feel heard, by listening carefully, sharing what 1 think I have heard, asking clarifying questions, and seeking to understand the interests underlying their positions. Additional/Alternative Examples of Demonstrating Respect for Others' Perspectives Ethics 4.29.21 Stroiegies Page B-14 May 6, 2021 Item #1 Page 29 of 91 What Does Respectful Behavior Look Like for Public Officials? "Big Picture" Expression of What Acting Respectfully Means in Public Service Context More Specific Examples of How or When Respect Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression at Right: Yes, No or Maybe? Possible Expression: Acting Respectfully Means.... Possible Examples: An Example of Respectful Behavior is ... . Your Reaction to the Example at Left: Yes, No or Maybe? 4. My actions reflect the belief that elected officials, city staff and others who serve the agency are on the same team in service to the community, even though we have different roles. I act on the understanding that staff's role is to provide objective information and analysis to inform the decision-making process, even if it doesn't support the decision I believe is best. My actions contribute to a positive work environment for agency staff and others who serve the agency. When I have a question on an agenda item, I ask it in advance so staff can be prepared to provide the most complete answer to inform both the council and the public. I act on the understanding that I am part of a group decision- making process and that staff takes direction from Council collective action. I involve staff in meetings I have with those with business before the agency, officials from other agencies and legislators, to keep staff informed. I communicate any concerns I have about city functions, staff analyses or individual staff performance to and through the city manager. Ethics 4.29.21 Strategies Page B-15 May 6, 2021 Item #1 Page 30 of 91 What Does Respectful Behavior Look Like for Public Officials? "Big Picture" Expression of What Acting Respectfully Means in Public Service Context More Specific Examples of How or When Respect Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression at Right: Yes, No or Maybe? Possible Expression: Acting Respectfully Means.... Possible Examples: An Example of Respectful Behavior is . ... Your Reaction to the Example at Left: Yes, No or Maybe? Additional/Alternative Examples of Respecting Various Team Members' Respective Roles? 4,29,21 May 6, 2021 SzEthics Slrategios Item #1 Page B-16 Page 31 of 91 What Does Respectful Behavior Look Like for Public Officials? What's missing as an expression of what it means to be respectful in public service? What is a better way to express some of the above ideas? Feel welcome to use the space below for your thoughts. 4.29.21 May 6, 2021 „.. 5Ethics Strategies Item #1 Page 647 Page 32 of 91 What Does Compassionate Behavior Look Like for Public Officials? Value: Compassion •When Public Officials Are Acting at Their Best, What Does Being Compassionate Look Like in Practice? "Big Picture' Expression of What Compassion Means in Public Service Context More Specific Examples of How or When Compassion Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression• at Right: Yes, No or Maybe? Possible Expression: Acting Compassionately Means.... Possible Examples: An Example of Compassionate Behavior is .... Your Reaction to The Example at Left: Yes, No or Maybe? I. I am attuned to, and care about, the needs of the public, my colleagues and staff. I am sensitive that some people in the community are intimidated by public officials and public agency processes and try to make their interactions with our agency as stress free as possible. I consider appropriate exceptions to policies when there are unintended consequences or undue burdens. I view the opportunity to provide feedback to my colleagues relating to values-based decision-making—ideally first on a human to human (one on one) basis-- as opportunities for mutual understanding, growth and learning. (Note: Also relates to accountability mechanisms.) I look for opportunities to celebrate positive examples of application of this code. (Note: Also relates to implementation strategies and creating a culture of positive recognition) 4,29.21 May 6, 2021 Ethics Strategies Page B-18 Item #1 Page 33 of 91 What Does Compassionate Behavior Look Like for Public Officials? "Big Picture" Expression of What Compassion Means in Public Service Context More Specific Examples of How or When Compassion Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression at Right: Yes, No or Maybe? Possible Expression: Acting Compassionately Means.... Possible Examples: An Example of Compassionate Behavior is.... Your Reaction to The Example at Left: Yes, No or Maybe? Additional/Alternative Examples of Expressing Care? 2. I recognize public agencies' responsibilities to society's less fortunate. I consider the equity implications of policy decisions I make. (Note: also can relate to the value offizirness) Additional/Alternative Examples of Actions Demonstrating Concern for Less Fortunate 4.29.21 May 6, 2021 Ethics Sf rateg les Page B-19 Item #1 Page 34 of 91 What Does Compassionate Behavior Look Like for Public Officials? "Big Picture" Expression of What Compassion Means in Public Service Context More Specific Examples of How or When Compassion Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression at Right: Yes, No or Maybe? Possible Expression: Acting Compassionately Means .... Possible Examples: An Example of Compassionate Behavior is.... Your Reaction to The Example at Left: Yes, No or Maybe? What's missing as an expression of what it means to be compassionate in public service or more specific examples? What is 3 better way to express some of the above ideas? Feel welcome to use the space below to record your thoughts (plus any additional sheets as necessary). Ethics Strategies Page B-20 May 6, 2021 Item #1 Page 35 of 91 What Does Fair Behavior Look Like for Public Officials? Value: Fairness •What Does Acting Fairly Mean to You in the Public Service Context? When Public Officials Are Acting at Their Best, What Does Being Fair Look Like in Practice? "Big Picture" Expression of What Fairness Means in Public Service Context More Specific Examples of How or When Fairness Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression at Right: Yes, No or Maybe? Possible Expression: Acting Fairly Means ... . Possible Examples: An Example of Fair Behavior is .. . . Your Reaction to the Example at Left: Yes, No or Maybe? 1. 1 promote fair and consistent processes. I make decisions on policies, hiring and contracting based on merit and value to the community, rather than favoritism and/or family or personal relationships. I honor the law's and the public's expectation that agency policies will be applied consistently. I am impartial in my decision-making and do not favor those who either have helped me (or are in a position to do so) and disfavor those who have not (or are not). I make it a practice to communicate equally with members of the community, irrespective of their influence, power or campaign donations. 4.29.21 Strotegies Page B-21 May 6, 2021 Item #1 Page 36 of 91 Your Reaction to the Example at Left: Yes, No or Maybe? Your Reaction to Expression at Right: Yes, No or Maybe? Possible Expression: Acting Fairly Means ... . Possible Examples: An Example of Fair Behavior is . . More Specific Examples of How or When Fairness Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) "Big Picture" Expression of What Fairness Means in Public Service Context I make a conscious effort to avoid favoritism or bias (including unintended bias) in my actions and decisions. When campaigning, I distribute only fair, relevant and truthful information about my fellow candidates and I give my fellow candidates a reasonable opportunity to respond to the information I distribute. Additional/Alternative Examples of Supporting Fair and Consistent Processes? What Does Fair F3 eh vier Look Like for Public Officials? Ethics 4.29.21 Strategies Page B-22 May 6, 2021 Item #1 Page 37 of 91 ft "Big Picture" Expression of What Fairness Means in Public Service Context More Specific Examples of How or When Fairness Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression at Right: Yes, No or Maybe? Possible Expression: Acting Fairly Means . . . . Possible Examples: An Example of Fair Behavior is . ... Your Reaction to the Example at Left: Yes, No or Maybe? What's missing as an expression of what it means to be fair in public service or more specific examples? What is a better way to express some of the above ideas? Feel welcome to use the space below to record your thoughts (plus any additional sheets as necessary). Ethics 4.29.21 Strategies Page B-23 May 6, 2021 Item #1 Page 38 of 91 What Does Rc.,,sponsible Beh-avior Look Like for Public Officials? Value: Responsibility •When Public Officials Are Acting at Their Best, What Does Acting Responsibly Look Like in Practice? "Big Picture" Expression of What Acting Responsibly Means in Public Service Context More Specific Examples of How or When Responsibility Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression: Yes, No or Maybe? Possible Expression: Being Responsible Means.... Possible Examples: An Example of Responsible Behavior is.... Your Reaction to Example at Left: Yes, No or Maybe? 2. I am a prudent steward of public resources. I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the agency. I promote use of agency assets (such as personnel, time, property, equipment, funds and agency identifying information) in the public's best interests; I do not use public resources, such as agency staff time, equipment, supplies or facilities, for personal or political purposes or benefit. I support responsible innovation and risk-taking in order to advance the agency's policy goals and effective service delivery. Ethics 4.29.21 Strategies Page B-24 May 6, 2021 Item #1 Page 39 of 91 What Does Responsible Behavior Look Like for Public Officiai0 "Big Picture" Expression of What Acting Responsibly Means in Public Service Context More Specific Examples of How or When Responsibility Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression: Yes, No or Maybe? Possible Expression: Being Responsible Means. ... Possible Examples: An Example of Responsible Behavior is.... Your Reaction to Example at Left: Yes, No or Maybe? Additional/Alternative Examples of Public Resource Stewardship? Ethics 4.29.21 Sirotegios Page 13-25 May 6, 2021 Item #1 Page 40 of 91 What Does Responsible Behavior Look Like for Public Officials? "Big Picture" Expression of What Acting Responsibly Means in Public Service Context More Specific Examples of How or When Responsibility Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression: Yes, No or Maybe? Possible Expression: Being Responsible Means . .. . Possible Examples: An Example of Responsible Behavior is . . .. Your Reaction to Example at Left: Yes, No or Maybe? 2. I model and promote clear communication. I support defining important words and terms, avoiding jargon (including acronyms) and using examples. I ask questions to test any inferences and assumptions I may be inclined to make based on what I am hearing people say and encourage others to do likewise. I explain both my reasoning and intentions when 1 share my views on a matter to help others understand what I am saying and why. If 1 receive or have 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 governing board members and staff. Additional/Alternative Examples of Communications Best Practices? 4.29.21 May 6, 2021 „ Ethics Strategies Page B-26 Item #1 Page 41 of 91 What Does Responsible Behavior Look Like for Public Officials? "Big Picture" Expression of What Acting Responsibly Means in Public Service Context More Specific Examples of How or When Responsibility Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression: Yes, No or Maybe? Possible Expression: Being Responsible Means.... Possible Examples: An Example of Responsible Behavior is .... Your Reaction to Example at Left: Yes, No or Maybe? 3. I work collaboratively to improve our community's quality of life and promote the public's best interests. (Note: also overlaps with concepts under the values of trustworthiness, fairness and respect.) I gain value from diverse perspectives and consider them in my decision-making. I recognize that I am an agent for the democratic process, not the ovvner of authority. To maximize community satisfaction with a decision, I seek information from community members and my colleagues about what qualities an acceptable solution might have to a problem (their interests), in addition to hearing what their positions are. I involve all appropriate stakeholders and the public in general in meetings affecting agency decisions. I look at issues from multiple perspectives and promote policies that balance both district and citywide interests. I work to find common ground with my fellow city leaders, the community and others. 4.29.21 May 6, 2021 ‘Ethics Strategies Item #1 Page B-27 Page 42 of 91 What Does ResponsUe Behavior Look Like for Public OffMals? "Big Picture" Expression of What Acting Responsibly Means in Public Service Context More Specific Examples of How or When Responsibility Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression: Yes, No or Maybe? Possible Expression: Being Responsible Means.... Possible Examples: An Example of Responsible Behavior is.... Your Reaction to Example at Left: Yes, No or Maybe? Additional/Alternative Examples of Working Collaboratively? 4. I consider the larger picture in my decision-making and actions. I foster effective relationships with state, regional and other public agencies. I weigh the broader regional and statewide implications of a decision in my decision-making. Additional/Alternative Examples? 4.29.21 May 6, 2021 'E Ethics Stratogios Item #1 Page B-28 Page 43 of 91 More Specific Examples of How or When Responsibility Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) "Big Picture" Expression of What Acting Responsibly Means in Public Service Context Your Reaction to Expression: Yes, No or Maybe? Possible Expression: Being Responsible Means.... Your Reaction to Example at Left: Yes, No or Maybe? Possible Examples: An Example of Responsible Behavior is.... I am prepared to make unpopular decisions when my sense of the public's best interests requires it. take responsibility for my actions, even when it is uncomfortable to do so. (Note: Also relates to accountability mechanisms.) As part of my commitment to growth and learning, I am open to constructive feedback from my colleagues and others—ideally first expressed on a human to human (one on one) basis--when they think I may have acted in a way that falls short of my goal of the values-based decision-making and the behaviors described in this code. (Note: Also relates to accountability mechanisms.) I will review these code provisions with my colleagues at least annually, looking for opportunities to refine, improve and/or update them given current developments and dynamics.('Note: Also relates to implementation strategies.) Additional/Alternative Examples of Taking Responsibility? 5. I am accountable for my actions and words. What Does Responsible Behavior Look Like tor Public Officials? <LI .2.2 1 May 6, 2021 „5.Ethics Strategies Page B-29 Item #1 Page 44 of 91 What Does Responsible Behavior Look Like for Public Officials? 'Big Picture' Expression of What Acting Responsibly Means in Public Service Context More Specific Examples of How or When Responsibility Issues Can Arise (What Do You Disagree with? What Might be Missing? What Could Be Better Worded? What Is a Standard You May Want to Hold Yourself to But Represents More of a Personal Commitment?) Your Reaction to Expression: Yes, No or Maybe? Possible Expression: Being Responsible Means. .. . Possible Examples: An Example of Responsible Behavior is . ... Your Reaction to Example at Left: Yes, No or Maybe? What's missing as an expression of what it means to be responsible in public service or more specific examples? What is a better way to express some of the above ideas? Feel welcome to use the space below to record your thoughts (plus any additional sheets as necessary). Ethics 4.29.21 Strotoyies Page B-30 May 6, 2021 Item #1 Page 45 of 91 Possible Preamble, Language Draft Preamble Language (Adapted and Updated from ILG 2003 Guide) The effective operation of democratic institutions requires that public officials have the trust and respect of the communities they serve. Accordingly, the City Council of the City of Carlsbad has adopted this code to: •Encourage the highest standards of behavior by City of Carlsbad elected officials; •Make implicit norms of leadership and communication explicit; and •Provide an ongoing source of guidance to City of Carlsbad officials in their day-to- day service to the City. To this end, the City of Carlsbad City Council has adopted this code relating to values- based decision-making. As part of their service to the City of Carlsbad, individual city councilmembers agree to practice the values described in this code in their day-to-day service to the City of Carlsbad. The City Council further directs* that this code be: •Distributed to individual City Council Members for signature; •Included in the materials provided to candidates for City Council; •Covered in newly elected officials' orientation materials and training (including AB 1234 training); •Posted on the City Council section of the city website [additional option: with the signed codes posted to each city council member's page on the city website or a note that the signed code is not available]: and •Agendized for discussion [insert time frame] as an opportunity for Council review, self-evaluation, discussion, and revision if appropriate. *Relates to implementation strategies. c Ethics Stralegies 4.29.21 Page B-31 May 6, 2021 Item 41 Page 46 of 91 Attachment C INSTITUTE for LOCAL SELF GOVERNMENT DEVELOPING A LOCAL AGENCY ETHICS CODE: A PROCESS-ORIENTED GUIDE Prepared by JoAnne Speers Special Thanks to the Following Individuals Whose Time and Effort Contributed to this Publication: Jennifer Sparacino Steve Dorsey Yvonne Hunter City Manager, Santa Clara City Attorney, Norwalk, Legislative Representative, San Marino and Buena Park League of California Cities Richards, Watson and Gershon Production Assistance: Charles Summerell All final decisions about the content and formatting of this report were made by the Institute for Local Self Government. May 6, 2021 Item #1 Page 47 of 91 INSTITUTE for LOCAL SELF GOVERNMENT CONTENTS FORWARD 1 CHAPTER 1: WHAT IS AN ETHICS CODE? 3 CORE CONCEPT 3 ETHICS CODE GOALS 3 VALUES-BASED VERSUS RULE-BASED CODES 4 FURTHER LEvIITS ON RULE-BASED CODES 5 ETHICS LAWS IN CALIFORNIA 6 DO ETHICS LAWS WORK? 7 CHAPTER 2: MOTIVATIONS, OPPORTUNITIES AND RISKS 9 MOTIVATIONS: THE GOOD, BAD AND UGLY 9 OPPORTUNITIES 11 RISKS 11 CHAPTER 3: KEY DECISIONS IN THE CODE ADOPTION PROCESS 13 To WHOM SHOULD THE CODE APPLY? 13 WHO SHOULD BE INVOLVED IN THE CODE ADOPTION PROCESS? 14 WHAT TOPICS SHOULD BE INCLUDED? 16 WHAT ABOUT ACCOUNTABILITY? 17 SELF ENFORCEMENT 17 THE POWE.R OF DISCUSSION AND PERSUASION 18 REPROVAL OR CENSURE 20 SUGGESTED ITERATIVE PROCESS FOR ADOPTING AN ETHICS CODE 22 A NOTE ABOUT THE IMPORTANCE OF IMPLEMENTATION STRATEGIES 26 CHAPTER 4: ETHICS CODE MENU 27 WHOSE VALUES? 27 VALUES SELECTION PROCESS 28 ETHICS CODE MENU/WORKSHEET 30 PREAMBLES 41 May 6, 2021 Item #1 Page 48 of 91 INSTITUTE for LOCAL SELF GOVERNMENT ii CONTENTS, CONT. CHAPTER 5: IMPLEMENTATION ISSUES 43 MAKING THE CODE REAL: IMPLEMENTATION STRATEGIES 43 "SELF FIRST" 45 CREATING A CULTURE OF RECOGNITION 47 RECRUIT WITH ETHICS IN MIND 50 TRAINING 50 THE IMPORTANCE OF AN ANNUAL REVTEW 51 PROMOTING THE CODE WITHIN THE COMMUNITY 52 A SPECIAL NOTE ABOUT ETHICS CODES AND CAMPAIGNS 52 CHAPTER 6: CONCLUSION 55 RESOURCES OF INTEREST 57 WEBSITES 57 PUBLICATIONS 58 May 6, 2021 Item #1 Page 49 of 91 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE I 1 FORWARD "All that is necessary for evil to triumph is for good [people] to do nothing." — Edmund Burke, 18th-century English political philosopher "Optimism is the father that leads to achievement" — Helen Keller, 20th-centuty American social activist, public speaker and author Polls suggest that, fairly or unfairly, the public has serious reservations about the ethics of public officials.' How can local officials demonstrate that they (and their agency) are different from this perception? The first step, of course, is to be different. The process of adopting and implementing a values-based ethics code can help. Here is how: •Public Discussion. It helps by involving your agency in an open discussion on which ethical values are most important for your agency. •Commitment. The code that evolves from these discussions will represent the agency officials' commitment to conform their conduct to the code. •Implementation and More Discussion. The implementation process, in which the code is disseminated, referred to and discussed is an opportunity to further reflect on ethical values. It is also an opportunity to incorporate those values in one's everyday activities. •Review and Update. The annual review process is an opportunity to refine the code and ensure that it continues to reflect the sensibilities of the agency's officials and the community they serve. ' Sec generally Berman, Evan M., "Public Cynicism: Manifestations and Responses," in The Ethics Edge, International City/County Management Association: 1998, at 206-215. May 6, 2021 Item #1 Page 50 of 91 2 I FORWARD Make no mistake about it: achieving these benefits requires a commitment of both time and energy by the agency. The task is not simply to adopt a code. The task is to build an organizational culture — from the top down — that demonstrates ethics are important. Building an organizational culture is an arduous task. But the journey of a thousand miles, as Lao Tzu observed, begins with a single step. The other necessary ingredient, of course, is a commitment to keep taking those steps. And the process of building, maintaining and/or restoring public trust in your agency is a very worthwhile journey to undertake. Public trust and confidence is vital to your agency's ability to grapple with the difficult issues within the agency's jurisdiction, be they budgetaiy issues or issues of policy on which there is good faith but profound disagreement. The Institute for Local Self Government hopes this guide provides assistance for this journey. May 6, 2021 Item #1 Page 51 of 91 CHAPTER 1: WHAT Is AN ETHICS CODE? "The ultimate answer to ethical problems in government is honest people in a good ethical environment. No web of statute or regulation, however intricately conceived, can hope to deal with the myriad possible challenges to a [personfs integrity or his devotion to the public interest." John E Kennedy, Message to congress on April 27, 1961 CORE CONCEPT An ethics code is a framework for day-to-day actions and decision-making by officeholders and, depending on how the code is written, an entire agency. The fundamental premise of an ethics code is that it is easier for IN THIS CHAPTER people to do the right thing when they know what it is.2 Core Concept 3 ETHICS CODE GOALS Ethics Code Goals 3 Values-Based Versus Rule-Based Codes 4 An agency usually has three goals for adopting an ethics code: Further Limits on 1.Encouraging high standards of behavior by public officials; Rule-Based Codes 5 2.Increasing public confidence in the institutions that serve the public; and 3.Assisting public officials with decision-making.' As will be repeatedly emphasized throughout this guide, achieving these goals requires a well-conceived process for both adopting and implement- ing the code. 1 Lewis, Carol W., The Ethics challenge in Public Service: A Problem Solving Guide, Jossey-Bass Publishers: 1991, at 139. Zimmerman, JS., "Ethics in Local Government," Management Information Service Report 8, International City/County Management Association, August 1976. May 6, 2021 Item #1 Page 52 of 91 4 I CHAPTER 1 VALUES-BASED VERSUS RULE-BASED CODES There are two types of ethics codes. One emphasizes rules ("don'ts"). Such codes often parallel, if not duplicate, state laws relating to ethics. As will be discussed in more detail in the next section, California local officials are already subject to a complex set of ethics laws. The other kind of code emphasizes values and the kinds of behaviors that demonstrate those values. Such codes represent more a list of "do's" rather than "don'ts."4 They are a commitment to uphold a standard of integrity and competence beyond that required by law.5 An ethics code thus creates a set of aspirations for behavior, based on values associated with public service held by public servants and the communities they serve. The process of adopting and reviewing an agency's ethics code enables agency officials to clarify these values and link them with standards of conduct. Ethics codes therefore complement ethics laws by going beyond the minimum ethical requirements established by ethics laws to define how public officials act when they are at their best.° A values-based ethics code is a complement to ethics laws. An ethics code identifies those areas in which agency officials set their sights higher than the bare minimum requirements of the law. The values-based approach reflects the general distinction between the law and ethics. Fundamentally, "ethics" is obedience to the unenforceable.' Laws, of course, are enforceable — typically by those other than local agency officials. Obedience to the unenforceable requires self- regulation in light of ethical values.' Lewis, The Ethics Challenge in Public Service, at 143. Kazman, Jane C. and Bonczck, Stephen J., Ethics in Action: Leader's Guide, International City/ County Management Association, 1999, at 97. 6 The concept of ethics codes defining how local officials behave when they are "at their best" is a theme that runs throughout the City of Santa Clara's ground-breaking code of ethics and values. The city developed the code with the help of Dr. Thomas Shanks of the Markkula Center for Applied Ethics at the University of Santa Clara. Early twentieth century English jurist John Fletcher Moulton, quoted in Kiddcr, Rushworth M., How Good People Make Tough Choices, Simon & Schuster: 1995 at 66. 8 Brousseau, Patricia L. "Ethical Dilemmas: Right versus Right," in The Ethics Edge, International City/County Management Association: 1998, at 38. May 6, 2021 Item #1 Page 53 of 91 ON ETHICS AND POLITICS In a state study of local ethics ordinances, the authors observed: Ethics and politics encourage different sets of behaviors. Ethics is concerned with moral duties and how a person should behave, while "all's fair in love, war and politics" seems to have its followers. During most of American history, enforcement of ethical standards has relied on public disclosure and an informed electorate. It is a rough, imperfect arrangement. Democracies are particularly reliant on public confidence to maintain their legitimacy. Declining public confidence in American governmental institutions, as reflected in public opinion polls, is one important reason that government ethics standards have become such a concern... Questionable official behavior ranges along a continuum from bad judgment to unethical behavior to outright corruption.9 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE I 5 FURTHER LIMITS ON RULE-BASED CODES "Never create by law what can be accomplished by morality." — Charles-Louis de Secondat, Baron de Montesquieu, 17th/18th-Century French jurist and political philosopher In addition to the conceptual distinctions between ethics and the law described above, there are other reasons that this guide recommends a values-based approach. They are: •California already has a complex set of ethics laws governing local official conduct; and •It is unclear that rule-based systems achieve the goal of either encouraging ethical behavior or increasing public confidence. Values-based ethics codes are premised on the notion that adherence to ethics laws is not enough to instill public tnist in governmental institutions and those who serve in government. See Wear Simmons, Charlene, Roland, Helen, Kelly-DeWitt, Jennifer, Local Government Ethics Ordinances in California, California Research Bureau: March 1998 at 3. May 6, 2021 Item #1 Page 54 of 91 6 I CHAPTER 1 ETHICS LAWS IN CALIFORNIA Local officials already must comply with an extensive set of laws that govern the ethical aspects of public service. These laws cover such areas as: •Disclosure of personal economic interests; •Receipt of loans, gifts, travel payments and honoraria; •Campaign contributions; •Conflicts of interest; •Dual office-holding and incompatible offices; and •Criminal misconduct in office. There can be some benefit to supplementing these requirements at the local level — and there are gaps in the law. However, for many agencies, trying to adopt a comprehensive, rule-based ethics code will result in an overlay of two complex sets of laws. Moreover, trying to summarize existing state law (for example, with respect to conflicts of interest) risks creating inconsistencies.1° Put another way, an ethics code should not be viewed as a tutorial on the various laws relating to ethical conduct in office. RESOURCES AVAILABLE ABOUT CALIFORNIA ETHICS LAWS Familiarity with ethics laws is nonetheless important. The Institute for Local Self Government has prepared a summary of such laws called A Local Official's Guide to Ethics Laws. The guide is available online for free at www.ilsg.org/trust; it is also available for purchase from the League of California Cities' CityBoolcs Service (916/658-8257). The Institute also makes an instructional video available for a modest fee. Moreover, there may be ways that local agencies can supplement the existing framework of state laws relating to ethics. Two areas, for example, are anti-nepotism policies and expense reimbursement policies. Materials relating to these types of local ethics laws are available from the Institute's website (www.ilsg.org/trust). '" See Wear Simmons at al., Local Government Ethics Ordinances in California, at 44 (suggesting that these conflicts may mean that the state should review local ethics codes). May 6, 2021 [tern #1 Page 55 of 91 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE I 7 Do ETHICS LAWS WORK? Do ethics laws improve public trust? Two scholars have concluded, in the context of the federal government at least, that the web of ethics laws have not increased public trust in federal government officials." They propose "deregulating" ethics, in the legalistic sense of the term, and focusing instead on acquainting those new to public service with the values associated with being an ethical public servant. I2 They also recommend focusing on the kinds of situations that can present ethical issues for public servants and how to deal with those situations.° They also note that the law is "too blunt of an instrument" to assure proper behavior." They fault federal ethics policy for substituting formal regulations for the expectations of good conduct. 5 Their quarrel is not with the goal of increasing governmental integrity, but in the means chosen to achieve that goal.° They worry that law-based ethics policies are rooted in such a culture of distrust as to actually diminish public trust in government!' They also worry that this culture of distrust in government risks creating a self-fulfilling prophecy in terms of the kinds of individuals that are attracted to public service!' The Institute for Local Self Government believes that positive, values- based ethics codes can avoid many of these pitfalls. " Mackenzie, G. Calvin & Hatken, Michael, Scandal Proof Do Ethics Laws Make Government Ethical?, Brookings Institution Press: 2002 at 149-59. 12 Id. at 164. 13 Id. " Id. at 172. 's Id. ' Id. at 174. " Id. at 176. Is Id. at 177. May 6, 2021 Item #1 Page 56 of 91 BRIGHT IDEA: AN INCORPORATION-OF-LAWS-BY-REFERENCE APPROACH IN CODES If compliance with laws is a salient ethics law issue in your jurisdiction, you can include a requirement in the agency's ethics code that commits people to comply with the law. The cities of Sunnyvale and Mountain View do this in their otherwise value-based codes. Here is sample language based on those codes: Members will comply with the laws of the nation, the State of California and the [insert agency name] in the perfoimance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the [insert agency name] Charter [if applicable]; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of government; and [insert agency name] ordinances and policies.° The Institute for Local Self Government provides instructional resources on ethics laws (see sidebar on page 6).2° 8 I CHAPTER 1 City of Sunnyvale, Code of Ethics for Members of Sunnyvale City Council, Boards and Commissions, adopted June 27, 1995 (section 2); City of Mountain View, City Council Personal Code of Conduct, adopted November 2002 (section 3.2.2) and available online at WWW. ilsg.o rem s t 7° The lack of training available on ethics law was a criticism in the California Research Bureau report. See Local Government Ethics Ordinances in CalyOrnia, at 45 (suggesting that the Legislature mandate such training). May 6, 2021 Item #1 Page 57 of 91 1N TH-S APTE Motivations 9 Opportunities 11 Risks 11 CHAPTER 2: MOTIVATIONS, OPPORTUNITIES AND RISKS "Life is about not knowing, having to change, taking the moment and making the best of it, without knowing what's going to happen next. Delicious ambiguity." — Gilda Radnen Actress and comedienne MOTIVATIONS: THE GOOD, BAD AND UGLY As discussed earlier, goals that are likely to engender support for the code effort include: •Encouraging high standards of behavior by public officials; •Increasing public confidence in the institutions that serve the public; and •Assisting public officials with decision-making.21 If the goal of ethics code proponents is to embarrass their political rivals (a goal that would not likely be acknowledged in any event), the concept of an ethics code will be a non-starter. Such a goal will also tend to undermine public trust and confidence in the agency as opposed to building it. However, if the discussion tends to be heading in a direction that suggests politics is becoming a factor, it can be useful to remind the discussion participants about the core goals in adopting an ethics code. There can be other, more subtle goals for a code that can be equally valuable to consider. They include inspiring and encouraging the code's target audience to high principles of conduct. They can also include capturing the spirit or ethos of the agency and/or attempting to define and protect its culture.22 21 Zimmerman, J.S., "Ethics in Local Government." 22 See Ethics Resource Center, The Ethics Toolkit, available online at ww‘v.ethics,org. May 6, 2021 Item #1 Page 58 of 91 ENCOUNTERING RESISTANCE "I never failed once. It just happened to be a 2000-step process." - Thomas Edison (19th/20th-century American inventor), responding to a reporter who asked how it felt to fail 2000 times befbre successfully inventing the light bulb There are going to be skeptics on your governing board, within the community and among the employees (if your agency's code will also apply to them). People may be concerned about an ethics code being used to criticize the agency unfairly. On divided boards, political rivals may think this is an effort to embarrass them or otherwise make them look bad before the public they serve. Employees may think that this is just the latest "flavor- of-the-month" management fad. The public may just think this is -window dressing" intended only to deflect criticism. The task of proponents of an ethics code is to prove the skeptics wrong. The theory of this guide is that one can do this by: •Charting a course of incremental change by first starting with an ethics code for the governing board;24 •Starting with a relatively few values on which everyone agrees and making a concerted effort with respect to those; •Demonstrating one's commitment to the code by not using the effort to embarrass rivals; and •Including implementation strategies - involving both individuals and the body as a whole - to convince the public and agency employees that the agency's commitment to the code is genuine. There will be setbacks, to be sure. The key is to learn from them and keep moving forward, with an eye on the long-term goals for the code. The successful implementation of an ethics code is a multiple year process that will span election cycles, budget crises, personnel changes and more. 10 I CHAPTER 2 Being clear on goals is important, but so is being realistic about the time and effort it will take to achieve them. Adopting an ethics code will not, in and of itself, result in better ethical behavior. As Senator Adlai Stevenson observed when the United States Senate reviewed its code provisions in 1980: If there are culprits in our midst, they are unlikely to be deterred by ethics codes."23 The code is part of an overall effort to foster an ethical culture within the agency - one that will not support the activities of the "culprits" that may or may not be in our midst. As is wise before adopting any kind of policy, consider the pros and cons of taking action. Because the pros and cons will vary from one community to another, these are framed as opportunities and risks. " Lewis, The Ethics Challenge in Public Set-vice, at 143. " See Blanchard, Ken & O'Connor, Michael, Managing By Values, Barrett-Koehler Publishers: 1997 at 60-62, 129 (recommending that the success of the program requires an organization's leaders to first work on themselves). May 6, 2021 Item #1 Page 59 of 91 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETT-ITCS CODE I ii OPPORTUNITIES Fundamentally, the process of adopting an ethics code offers the following opportunities for a local agency: •An opportunity to create an environment in which ethical behavior is the norm and ethical considerations are routinely considered in evaluating alternative courses of action; •An opportunity to demonstrate a commitment to ethics; •An opportunity to establish priorities among competing values and identify those values that are particularly important in a community; •An opportunity for collective reflection and discussion on the values that ought to form the basis of a public official's behavior and decision-making; and •An opportunity to create a positive public identity for agency officials, which can lead to more public trust. Ethics codes can also serve as a guide or reminder for proper behavior and as a focal point for discussion of ethical challenges faced by public officials. The reason that these advantages are framed as "opportunities" is that, like so many things in life, whether an action achieves its full potential depends on how the action is accomplished. Achieving the advantages of adopting an ethics code requires good intentions and solid follow-through. RISKS Ethics codes adopted without good intentions and follow-through risk the following: •Ethics codes can diminish public trust in government if officials' behavior is at odds with the values expressed in the code — the public will perceive the code as mere "window dressing." •Ethics codes can be used as an instrument to embarrass political rivals — a concept known as "vigilante ethics" (see sidebar on page 12). May 6, 2021 Item #1 Page 60 of 91 VIGILANTE ETHICS There is an "unethical" use of ethics codes that needs to be acknowledged. This is when political opponents use ethics and the adoption of an ethics code as a means to embarrass or disadvantage political rivals. In The Ethics Challenge in Public Service, the author calls this "vigilante ethics" or the use of ethics to intimidate rather than inspire.26 The political use of ethics obviously gives ethics a bad name. It undermines the efforts of those who truly care about promoting the consideration of ethical values in public service. It also undermines one of the key goals of adopting an ethics code — which is to foster public trust in the institution as a whole, not just those who promote a code. In suggesting a process for adopting an ethics code and proposing a "menu" of possible topics for the code, this guide endeavors to minimize the opportunities for individuals to misuse the ethics code adoption process. Moreover, a values-based approach to codes is designed to focus on more universal principles of good behavior on which everyone should be able to agree. The process also is designed to allow everyone to contribute to the crafting of the agency's ethics code and demonstrate their commitment to values. 12 I CHAPTER 2 •The sustained effort required to implement an ethics code can exceed the resources available within an agency. This is particularly so if an agency decides to undertake an organization- wide ethics effort during the initial consideration of the code. Local agencies also run the risk of adopting long and unwieldy codes out of a desire to demonstrate their commitment to ethics. This can diminish the code's ability to guide behavior and decision-making. In addition, agency critics and unhappy employees may seize on an ethics code as a focal point for criticism of particular agency action. The charge is that the agency is not complying with its code. Finally, it almost goes without saying that no ethics code — no matter how thoughtfully crafted — can provide all the answers to ethical dilemmas local officials may face. This is because ethical dilemmas typically are choices between competing sets of "right" values. In his book, How Good People Make Tough Choices, Dr. Rushworth Kidder observes that it is easy for an ethical person to resolve "right versus wrong" choices. What is difficult is choosing between competing sets of "right" values.' •15 Kidder, Rushworth M., How Good People Make Tough Choices, at 16-17. 26 Lewis, The Ethics Challenge in Public Service, at 98. May 6, 2021 Item #1 Page 61 of 91 CHAPTER 3: KEY DECISIONS IN THE CODE ADOPTION PROCESS "Choose always the way that seems the best, however rough it may be. Custom will soon render it easy and agreeable." — Pythagoras "It's not hard to make decisions when you know what your values are." — Roy Disney "When you come to a fork in the road ...Take it." — Yogi Ben-a TO WHOM SHOULD THE CODE APPLY? There are a number of possibilities: •Elected officials; •Elected and appointed officials (for example members of boards and commissions); •Elected officials, appointed officials and top level staff; or •Only agency staff. There may be some elements of the code that one would want the public to adhere to — for exAmple, if the code contained provisions relating to civility in public discourse. However, our recommendation is for local officials to first lead by example. This does not, of course, preclude officials from indicating that they have set certain standards for themselves and encourage others to do likewise. IN THIS CHAPTER To Whom Should the Code Apply? 13 Who Should Be Involved in the Code Adoption Process? 14 What Topics Should Be Included' 16 What About Accountability? 17 Suggested Iteractive Process for Adopting an Ethics Code 22 A Note About the Importance of Implementation Strategies 26 May 6, 2021 Item #1 Page 62 of 91 , BRIGHT IDEA: START AT THE TOP AND WORK DOWN Because the process of adopting and implementing a code requires significant effort, adopt a code that first applies to the governing body. This enables the governing body to lead by example. It also streamlines the adoption process. 14 I CHAPTER 3 What this means in practice is for elected officials to first consider adopting a code that will govern their own behavior — and then make a demonstrated effort to conform their conduct to the code. This rnay be especially advisable if the agency has not had an ethics code in the past. This gives elected officials an opportunity to "walk the talk" and send a message that their commitment to ethics is indeed genuine.27 Then, as part of the ongoing review process, consider expanding the code to apply to others' behavior. In part, this relates to the next aspect of an effective code adoption process, which is to consult with all of those whose behavior will be governed by the code. WHO SHOULD BE INVOLVED IN THE CODE ADOPTION PROCESS? The answer to this question is driven by the scope of the code. For members of an organization to accept and be guided by the values reflected in an ethics code, they need to be part of the process of crafting the code. For example, if all agency officials (elected and appointed officials and staff) will be subject to the code, then representatives from all these groups should participate. One city manager whose city adopted a citywide code recommends that orga-nization-wide participation occur early on. Otherwise, it is easier for those not engaged in the code-crafting process to feel that the code does not apply to them. Non-involvement can also foster suspicion about the code. Of course, launching an agency-wide discussion about ethics can be a daunting task. Another approach is to focus on getting an agency governing body to agree about what values should be included in the agency's "initial" ethics code. The word "initial" is in quotes because the concept is that the code will be a living document that will be reviewed and updated periodically. 27 "Bosses Set Bar for Ethics, Experts Say," Contra Costa Times, June 9, 2003 ("Ethics must come from the top," said Marshall Scluninke, who teaches business ethics at the University of Central Florida and has written a book on the subject. "A person's individual moral framework is only the third-most important factor in deciding what they'll do. The most important is what does their boss do: Workers look to their boss lirsl for cues on what constitutes moral behavior.") May 6, 2021 Item 411 Page 63 of 91 AN ALTERNATIVE APPROACH: STAFF IN THE CITY OF SAN BUENAVENTURA INITIATE A CODE FOR THEMSELVES In San Buenaventura, the staff initiated a process of adopting an ethics code that applied only to the city's 600-plus employees. The staff created an interdepartmental working group that developed the code. The group met every other Thursday, with everyone contributing to the final product. The preamble of the code is instructive: As City employees, these core ethical principles serve as a central guide for our everyday decisions, behaviors and actions at work. By applying these ethical principles, we hope each employee will make more effective decisions with greater confidence.28 The code goes on to list the values of respect, equitable treatment, impartiality, honesty, responsibility and trustworthiness. The code then explains what these values mean in the context of the staff's work. The stiff also created an ethical checklist to guide decision-making.29 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE 15 Expanding the discussion in subsequent versions of the code to include appointed officials and/or top level staff and revising the code to reflect their input can be part of the review and update process. Expanding the discussion even further to include the input of all staff can round out the process and demonstrate the agency's commitment to keeping the ethics code a living, breathing document. Moreover, the process of engagement — no matter how big or small the group — should not simply be one of having people review a proposed draft ethics code, possibly based on codes adopted by other local agency jurisdictions. Instead, use a "menu approach" in which participants are asked to select among competing values and expressions of those values. A sample "menu" from which to work is included in chapter 4 of this guide. Bottom-line: it is critical to the success of an ethics code that it responds to real-life situations. The code-adoption process should involve people in a meaningful way in a discussion of those situations. '4 City of San Buenaventura Ethical Principles, available online at www.ilsg.orgitrust. 29 Examples of such a checklist are available online at www.ilsg.orgitrust. May 6, 2021 Item #1 Page 64 of 91 16 I CHAPTER 3 WHAT TOPICS SHOULD BE INCLUDED? This, of course, is the $64,000 question. In How Good People Make Tough Choices, Dr. Rushworth Kidder identifies eight universal ethical values that transcend cultures.3° He also believes that standards for ethical conduct do not vary by context. In other words, there is not a separate set of ethical values appropriate for business, another for the public sector and yet another for one's personal life. Of course, what can vary is how these values are applied in different contexts. For this reason, we recommend that public agencies develop the values portion of their ethics code in a three-part process: 1.Identification of core ethical values (for example, honesty, loyalty or compassion); 2.Discussion of what those values look like in the public service context; and 3.Examples of behavior reflecting/not reflecting those values. Such a process will enable those involved in developing an agency's ethics code to fully engage in the discussion of what the agency's ethics code means. This approach is an adaptation of the one used by the Marklcula Center for Applied Ethics and the City of Santa Clara to develop that city's code of ethics and values. In this way, the code almost writes itself This is why this guide provides a "menu" of examples of potential values that an agency may want to reflect in its ethics code, along with sample expressions of what those values mean in practice (see chapter 4). Admittedly, at least three of the values ("community service;' "proper use of public resources" and "vision") potentially have a more unique relevance to ethical aspects of public service. Inclusion of these values is based on the Institute's research on what values are commonly reflected in cutting-edge ethics codes. Of course, other values could be included based on what is important in a particular community/agency. 3° Kidder, How Good People Make Tough Chokes, at 91-92. May 6, 2021 Item #1 Page 65 of 91 BRIGHT IDEA: RESIST THE IMPULSE TO BE TOO COMPREHENSIVE In their enthusiasm for fostering a completely ethical environment in their agency, officials may be tempted to include all the values that are important to all officials in an agency's ethics code. Officials may be loathe to exclude any value — or expressions of what that value means in practice — out of a concern that the omission of a particular value means that the agency condones the opposite behavior. Such an impulse can also be the product of a desire to obtain buy-in from all whose conduct will be guided by the code. These are natural inclinations. However, in crafting a code, officials may want to evaluate whether a too-comprehensive approach diminishes the utility of the code. A too-long or too-complex code is difficult to remember and apply. This undermines the objective of creating a code that provides a bona fide source of guidance for agency officials. "Keep your code understandable," cautions Mountain View Mayor Michael Kasperzak. An alternative approach is to identify priority values, particularly for agencies adopting ethics codes for the first time. Three can be a good number in tenns of ease of recall. If the agency focuses its attention on pursuing those values for the coming year, it can identify additional or alternative priority values as part of an annual review of its code. Ethics codes are living, growing documents — not one-shot efforts, and it is not necessary to include every possible ethical value in the first code. INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE I 17 WHAT ABOUT ACCOUNTABILITY? What happens when someone disregards the values expressed in an agency's ethics code? This question comes up all the time, with the underlying question being "what is the point of having an ethics code if we are not going to enforce it?" As it relates to elected official's behavior, the voters are the ultimate enforcers of the code. This is why it is so important that the code reflect community values. There are various ways to think about the accountability and enforcement issue. SELF. ENFORCEMENT A values-based ethics code, like the kind of code suggested in this guide, truly does require "obedience to the unenforceable," as discussed in chapter 1. This is particularly true for elected officials, inasmuch as our democratic system contemplates that the voters are the ultimate judges of whether an official's behavior is consistent with the community's values. This is why it is important to involve the community, as the ultimate stakeholder in the agency, in the process of developing an agency's ethics May 6, 2021 Item #1 Page 66 of 91 18 I CHAPTER 3 code. It is also why this guide recommends that the agency consider mechanisms for soliciting public input on the ethics code as a threshold matter (see "step I" on page 22) in the code adoption process. Some local agencies' ethics codes expressly acknowledge this phenom- enon. Sample language is as follows: This code of ethics expresses the standards of ethical conduct expected for members of the agency governing board [include any other affected individuals]. Members themselves have the primary responsibility to assure that ethical standards are understood and met and that the public can continue to have full confidence in the integrity of its government.m As an additional measure of accountability, some agencies 1) include ethical standards in their candidate orientations (including boards and commissions), and 2) ask new members to sign the agency ethics code upon entering office.32 THE POWER OF DISCUSSION AND PERSUASION An ethics code is a set of agreed-upon values and behaviors that flow from those values. Officials can engage in honest but diplomatic discussion about whether a particular course of action is consistent with the agency's adopted ethics code. The most constructive and productive way to initiate such a discussion is to frame the issue as a question (see arample on page 19). 3' See, e.g., City of Sunnyvale, Code of Ethics, Section 18; City of Mountain View, City Council Personal Code of Conduct (section 20) and available online at www.ilsg.orgitrust. 32 See, e.g. Sunnyvale, Code of Ethics, Section 17; Mountain View, Section 19, and available online at wwwilsg.orzitrust May 6, 2021 Item #1 Page 67 of 91 MAKING THE CODE REAL: EXAMPLE It has been a lengthy board of supervisors meeting and there are still a number of items on the agenda to go. The chairperson, in a somewhat irritated fashion, suggests that testimony be cut off on the current agenda item. You are concerned about the people who made a special trip to the meeting to speak. You say: I am concerned that, if we cut off testimony at this point, we will be acting inconsistently with our ethics code that says we value and respect public input. The chair replies: I am troubled by that too. Buti asked people who wanted to testifY on this item not to repeat points that have already been made and the testimony is getting repetitive. I also feel I have an obligation to respect the interests of those who are here waiting to tes* on other agenda items that we have not yet been able to get to. It's getting late and I know a number of them need to get home to their families. You say: I understand your concerns. How about if we ask if anyone has anything new to add before we cut off testimony? We could also ask that people be especially brief in consideration of those who are waiting to speak on other agenda items and the length of time we have already spent on this item. The chair replies: Okay. Does anyone who hasn't already spoken have anything to share that hasn't been covered already? We ask you to be brief and considerate of others who also want to participate in later parts of the agenda. This kind of conversation, tied into the values in the county's ethics code, has reached a compromise resolution of whether to cut off testimony. It has also had the collateral effect of sensitizing the public to the impacts of their (potentially repetitive and long-winded) behavior on others like them. INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE I 19 May 6, 2021 Item #1 Page 68 of 91 20 I CHAPTER 3 The ethics code provides a starting point for good faith conversation on how to resolve concerns or issues. By contrast, imagine how the conversation in the example would have gone if you had simply asserted that the chair's proposal to cut off discussion was "unethical" because it violated the county's value of respect for public input. Imagine not only the defensive and angry answer the chair would have been likely to give, but also what impression this kind of exchange would have had on the audience. Thus, the key, as one ethics expert advises, is to "condemn the sin, not the sinner."33 The suggested approach requires thought and a certain degree of self- restraint (particularly if your energy level is also sagging after a long meeting) than simply accusing someone of acting inconsistently with the ethics code. Investing in such effort is part of your own personal commitment to the ethics code and having it make a positive difference for your agency. This is another opportunity to lead by example. REPROVAL OR CENSURE Some agencies provide enforcement measures in their policies. For example, the City of La Mesa's policy reads as follows: Violations and Penalties. Any violation of this Ethics Policy by a member of the City Council shall constitute official misconduct if determined by an affirmative vote of three members of the City Council in an open and public meeting. In addition to any criminal or civil penalties provided by Federal, State or local law, any violation of this Ethics Policy shall constitute a cause for censure by City Council adoption of a Resolution of Censure.34 " Hanson, Kirk 0., "Confronting Unethical Conduct," Association Management (January, 2003). 34 City of La Mesa, City of La Mesa Ethics Policy, adopted March 2003 (section 7) and available online at www.ilsg.orgitrust. May 6, 2021 Item #1 Page 69 of 91 BRIGHT IDEA: I- ), THE POWER OF PRAISE The "Character Firsda'" program developed by the nonprofit Character Training Institute emphasizes positive reinforcement or praise in its promotion of character issues.37 It notes that there are three steps associated with offering praise: 1.Give the definition of the character quality; 2.Offer a specific illustration of how it was demonstrated; and 3.Explain the benefit to you and/or others. This approach to positive reinforcement is another way agency officials can make ethics code provisions real. INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE I 21 Similarly, San Jose has a censure policy that defines "censure" as a punitive action that carries no fine or suspension of the rights of the council member as an elected official. Under the policy, censure is distinguished from "condemnation" of a council member's actions, which expresses strong disapproval but is not punitive. The policy sets out detailed procedures to provide the accused council member with an opportunity to understand and respond to the criticisms against him or her.35 When considering these kinds of enforcement policies, be sure to consult with one's agency attorney about relevant legal considerations.36 33 City of San Jose, Censure Policy, November 1994 and available online at wwwilslorgitrust. " This topic was covered at the 1995 City Attorneys Spring Conference, where James P. Jackson delivered a paper entitled "Coping with Intra-Council Conflicts." Copies are available from the League of California Cities' library (www.eacities.org). but should be reviewed for updates in the law. 37 Character First! materials arc available through www.characterfirst.com. May 6, 2021 Item #1 Page 70 of 91 STEP STEP STEP 1st Meeting 2nd Meeting 3rd Meeting •Review values menu (see chapter 4) •Each participant identifies the top four values •Identify areas of consensus •Reflect on these "consensus" values between now and next meeting •Identify three expressions of those values •Achieve consensus on expressions of the various values, as well as examples of those values in practice •Discuss potential memorable titles •Consider a preamble •Discuss implementation strategies •Commit to review on anniversary See chapter 4 Introduce the concept of an ethics code •Would a code be useful? To whom would the code apply? Identify public input mechanisms See chapters 1-3 •Identify positive examples of values in practice See chapter 4 22 I CHAPTER 3 SUGGESTED ITERATIVE PROCESS FOR ADOPTING AN ETHICS CODE This process can be adapted to successive governing board meetings or meetings with management and staff. Depending on the time available for the code adoption effort, some steps can be combined. May 6, 2021 Item #1 Page 71 of 91 STEP •Repeat steps 4-6 •Review code and its implementation •Initiate process for updating and expanding application of the code to others (repeating steps one through three with them) Celebrate successes Identify areas needing further effort Adopt updated and expanded code Adopt updated and expanded implementation strategies Implement Implement Implement See chapter 5 STEP (8 months from adoption) STEP (Anniversary of adoption) STEP INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE I 23 May 6, 2021 Item #1 Page 72 of 91 24 I CHAPTER 3 Step One (First Meeting) •Introduce the concept of an ethics code — what it is, what it can and cannot achieve and the process of adopting one. •Discuss whether agency officials think a code would be useful. •Determine to whom the agency's first code should apply. •Identify the mechanisms by which public input in this process will be solicited. Step Two (Second Meeting) •Review the values menu (see chapter 4). •Determine whether agency wants to focus on a limited number of key values (as we recommend) or have a more comprehensive approach. •Ask participants whether there are any key values missing from the menu. •Ask participants to identify the top four values that they think are most important in their public service. •Identify areas of agreement on values and confirm these with the group. •Ask participants to reflect on these "consensus" values before the next meeting, identifying three expressions of those values that seem most useful for the agency to focus on. Remind the group that they can add or modify expressions of values listed on the menu. Also ask them to identify positive examples of the expressions of values in practice. May 6, 2021 Item #1 Page 73 of 91 BRIGHT IDEA: USE ADHESIVE DOTS A handy and fairly expeditious way of handling this selection process is to combine discussion with a "dot" system in which participants are asked to identify their four top values by adhering adhesive dots to a board displaying the list of potential values. Include a prohibition against individuals "power-dotting," or placing multiple dots by one value. INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE I 25 Step Three (Third Meeting) •After preliminary discussion, use the "dot" or similar process to achieve consensus on the expressions of the various values, as well as examples of those values in practice (see sidebar below). •Direct staff to write code up based on the areas of consensus about 1) which values should be in the first version of the code, 2) what expressions of those values also should be in the code, and 3) examples of those values. •Discuss potential memorable titles38 (for example, "The Way We Serve the Public"" [insert agency name] s Commitment to Character") for the code. Consider whether the code would be enhanced by a preamble that refers to the public agency's goals and commitments in adopting an ethics code. (For a sample, see chapter 4) •Discuss implementation strategies and timelines (see chapter 5). " See Ethics Resource Center, The Ethics Toolkit, available online at www.ethics,org. May 6, 2021 Item #1 Page 74 of 91 26 I CHAPTER 3 Step Four (Next Meeting) •Adopt final version of the code. Step Five (Ensuing Year) •Implement, implement, implement! (see chapter 5). Step Six (Eight Months from Code Adoption) •Review code and its implementation. •Initiate process for updating and expanding application of the code to others, if appropriate (repeating steps one through three with them). Step Seven (One Year Anniversary) •Celebrate successes. •Identify areas needing further effort. •Adopt updated and expanded code. •Adopt updated and expanded implementation strategies. Step Eight (Second Year Anniversary and Thereafter) •Repeat steps four through six. A NOTE ABOUT THE IMPORTANCE OF IMPLEMENTATION STRATEGIES As the iterative suggested process suggests, adoption of the code is only the first step. To make a difference and achieve its goals, the code needs an implementation strategy. Making a commitment to implement one's ethics code is also a "key decision" in the code adoption process — as is actually implementing the code. Chapter 5 covers the topic of implementation in more detail. May 6, 2021 Item #1 Page 75 of 91 IN THIS CHAPTER Whose Values? 27 Values Selection Process 28 Ethics Code Menu/ Worksheet 30 Preambles 41 CHAPTER 4: ETHICS CODE MENU "It is strangely absurd to suppose that a million of human beings, collected together, are not under the same moral laws which bind each of them separately." — Thomas Jefferson WHOSE VALUES? Whenever one proposes that local officials engage in a conversation about values there is some likelihood that would-be participants in the discussion will take offense and view this as an effort to "impose" one group's values on another. An unwillingness to stand up for values, according to Dr. Rushworth Kidder, has created a sort of "moral relativism" that causes us to sink to the lowest common denominator in terms of ethical conduct.39 Dr. Kidder has dissected this phenomenon and concludes that there is a core set of human values that transcend cultural, socioeconomic and national boundaries.° These values are: •Honesty; •Fairness; •Respect; •Compassion; and •Responsibility Many of the ethical dilemmas that local officials face can be characterized as conflicts between two "right" values. An example is the discomfort that one feels when a friend or political supporter seeks approval for a project that may not be in the best interests of the entire community This is a conflict between one's loyalty to a friend or supporter and one's obligations as a public official to act in the community's best interests. 39 Kidder, How Good People Make Tough Choices, at 96 (referring to research by Stace, Walter T., The Concept of Morals, The MacMillan Company: 1937). See also The Ethics Edge, at 37-38. " See Kidder, How Good People Make ibugh Choices, at 77-108. May 6, 2021 Item #1 Page 76 of 91 28 I CHAPTER 4 One advantage of adopting an ethics code is that it offers the opportunity for local officials to have a conversation about which values take precedence over other values in that community. VALUES SELECTION PROCESS Selecting which values will be reflected in your agency's ethics code is a key task. The following worksheet is designed to assist with this undertaking by identifying core ethical values and how each value should shape behavior. The suggested process for using this worksheet (also described at the end of chapter 3) is to: •Review the values menu. •Determine whether the agency wants to focus on a limited number of key values or have a more comprehensive approach. •Ask participants whether there are any key values missing from the menu. •Ask participants to identify the top four values that they think are most important in their public service. •Identify areas of consensus and check with the group to make sure the result reflects their sense of consensus. For example, it may be that there is a strong degree of consensus on only three values; conversely, there may be a strong degree of consensus on five values. •Ask participants to reflect on these "consensus" values before the next meeting, identifying three expressions of those values that seem most useful for the agency to focus on. Remind the group that they can add or modify expressions of values listed on the menu. Also ask them to identify positive expressions of values in practice. •After preliminary discussion, use the "dot" or similar process to achieve consensus on the expressions of the various values, as well as examples of those values in practice. May 6, 2021 Item #1 Page 77 of 91 CHAPTER 5: IMPLEMENTATION ISSUES "Genuine success does not come from proclaiming our values, but from consistently putting them into daily action." — Ken Blanchard and Michael O'Connor, Managing By Values MAKING THE CODE REAL: IMPLEMENTATION STRATEGIES Adoption of the code is only the first step. To make a difference and to achieve its goals, the code needs an implementation strategy. Some of the questions to ask when designing an implementation strategy include: •How should the code be disseminated? Can it be put on bookmarks, plaques, pocket cards, posters, the agency's website, etc.? Should there be a media release? •Are there elements that are useful to review at certain points in the conduct of the agency's business? (For example, one northern California city reminds itself of its civility values at each meeting.) •Is a leadership letter appropriate? (see sidebar on page 45) •To ensure the future relevance and validity of the code, how can the provisions of the code be incorporated into orientation programs and other agency training efforts? •Should the code be translated into all major community languages? •If the agency begins its meetings with non-sectarian invocations,42 do such invocations offer an opportunity to obtain others' assistance in reflecting upon on one or more of the agency's core values? 42 "Sectarian" invocations have recently been ruled unconstitutional. See Rubin v. City of Burbank, 101 Cal. App. 4th 1194, 124 Cal. Rptr. 2d 867 (2002), rev. denied. Dec. 18, 2002, cert. denied; U.S. (2003). Asking that an invocation focus on one of the agency's core value may be one way of complying with the court's decision. For more analysis of the decision, see the article at page 8 of the July 2003 issue of Western City magazine, also available online at www.westenicily.com. IN THIS CHAPTER Making the Code Real: Implementation Strategies 43 "Self First" 45 Creating a Culture of Recognition 47 Recruit with Ethics in Mind 50 Training 50 The Importance of an Annual Review 51 Promoting the Code Within the Community 52 A Special Note About Ethics Codes and Campaigns .... 52 May 6, 2021 Item #1 Page 78 of 91 44 I CHAPTER 5 •To the extent that the code applies to employees, how can ethical considerations be incorporated into the hiring and evaluation process? •If the code applies to employees, should the code be attached to the offer of employment provided new employees? •Should copies of the code be sent to those who do business with the agency, along with a request to be notified if the agency fails to observe any of the values? •What resources can the agency make available to those whose conduct is the subject of the code? Peer counseling? "Dear Abby" type questions in the employee newsletter? Web-based resources? •What steps can individuals and the agency take to create a "culture of recognition" surrounding the agency's ethics code? •During election season, would it be helpful to have a community forum about how the city's values and ethics code translate into ethical campaign practices? •When should the code be reviewed? Another useful implementation strategy to consider is an evaluation component. How has the ethics code been used? Has it affected the ethical culture of the organization? If so, in what ways? If not, what have been the impediments? How can the impediments be overcome? Surveys and interviews can help in such evaluations. May 6, 2021 Item #1 Page 79 of 91 l •' • I ; 7 ._ BRIGHT IDEA: ,\ LEADERSHIP LETTERS Leadership letters are another implementation strategy to consider.'". A leadership letter is a communication from the relevant agency leadership that explains the code and demonstrates commitment from the top to create an ethical organizational culture. A leadership letter from all governing board members reinforces the role of the code as an ethics pledge. It is another opportunity for each member of the governing body to affirm his or her support for the code and encourage others to do likewise. A leadership letter can convey why the agency has adopted an ethics code and why it focused on the values it did. It should also address how the code came to be and the process behind it. To summarize, some questions to consider in drafting a leadership letter include: •Why a code? Why now? •What is the ethical context in which the organization operates? •What are some of the challenges that elected and appointed officials, management, employees and members face, and how can this ethics code be a helpful document for people at all levels? •What are the major trends facing similar local agencies that will impact and affect the code and its implementation? •Might this code set an example for other local agencies? In some cases, it may be advisable to refer to an agency's past ethical problems, particularly if they are well known. This can be opportunity to be straightforward about the reason for the code. INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE I 45 "SELF FIRST" "You must be the change you wish to see in the world." — Mahatma Gandhi "Few things are harder to put up with than the annoyance of a good example." — Mark Twain, Pudd'nhead Wilson (1893) There seems to be a consensus — if an official earnestly desires others to act differently, that official has to act differently. This concept is expressed as the "self first" rule in the management book called Managing By Values." Even if you feel you are not "the problem" at your agency, demonstrably modify your behaviors to reflect the values expressed by your agency's ethics code. As ethicist Michael Josephson observes, ethics is such that "we don't have to be sick to get better."45 " See Ethics Resource Center, The Ethics Toolkit, available online at www.ethies.orp. " Blanchard & O'Connor, Managing By Values, at 61. " For more about Michael Josephson's work, visit www.josephsoninstitute.org. May 6, 2021 Item 4:11 Page 80 of 91 MAKING THE CODE REAL: EXAMPLE It has been a long and tense city council meeting. Befbre the council is a controversial affordable housing project that the local neighborhood passionately opposes. You feel that some council-members are pandering to that opposition, particularly since they know that the city is at serious risk for a lawsuit by affordable housing advocates if the project is turned down. In explaining your decision to vote in favor of the project, you say: "This is a terribly difficult decision. Accordingly, I consulted our city's values code. Although I deeply respect the depth of the neighbors' concerns about the potential impact of this development and have listened carefully to the views expressed, I also have committed to be a prudent steward of the public's resources. The law gives the developer the right to build this project and my view is that it would not be a wise use ofour limited public resources to get involved in a lawsuit over this project. There also is a fairness issue, which is that our teachers, our police officers, our food service workers and our young people just starting out ought to be able to purchase a home in our community. Accordingly, I am going to vote "yes " on this project and then commit to work very hard with the developer and city staff to minimize the likelihood that this project will have the adverse impacts the neighbors fear. I know this is not the politically popular decision to make, but it is the decision I feel I must make ethically, based on all the information before me. Then, of course, you must follow-through on this commitment to work with the developer and staff* (possibly by setting up a consultative process with the neighborhood group,) to address the concerns about impacts (demonstrating the ethical value offollowing-through on your commitments). In this case, you are "talking-the-walk" of ethical values by explaining your decision in terms of those values. Will the project opponents stand up and cheer your decision? Probably not. But that is fundamentally what ethics is, which is making difficult decisions when there may be a personal cost to you. 46 I CHAPTER 5 What steps can an official take to promote awareness of ethical values within his or her agency? One is an effort to explain the official's decisions, large and small, in terms of the values in the agency's code. May 6, 2021 Item #1 Page 81 of 91 INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE .47 CREATING A CULTURE OF RECOGNITION Some governing boards are lucky. Their members get along, treat each other with respect and work through disagreements based on the mutual understanding that everyone has the community's best interests at heart. Other governing boards are beset with animosity, in which meetings degenerate into personal jibes and attacks. Although your close supporters may be encouraging you to act on your gladiator instincts and come out swinging at every meeting, consider whether such a strategy is really promoting confidence in your agency by the public as a whole. Polling data suggests that the public really does want public officials to work together to solve the agency's problems and is growing tired of the politics of the personal aftack.46 Employing the "self-first" approach, think about how you can acknowl- edge the ways your colleagues apply the values in your agency's code. Such acknowledgement can be as simple as privately complimenting someone for the restraint and respect they showed during a particularly contentious discussion. " This statement is based on polling relating to campaign practices. That polling shows, for example: •86% of poll respondents believe unfair attack campaigning is unethical •81% of poll respondents believe attack-oriented campaigning is undermining and damaging our democracy •76% of poll respondents think negative campaigning produces less ethical and trustworthy leaders •82% of poll respondents think negative campaigning makes people less likely to vote •88% of poll respondents think candidates should agree not to make any personal attacks •71% of poll respondents think their elected officials have a different set of values than they do •53% of poll respondents think that most elected officials don't know right from wrong •Only 42% of poll respondents trust the government to do what is right •55% of poll respondents believe that all or most candidates twist the truth to get elected Source: institute for Global Ethics bipartisan survey, conducted by Lake, .S'nell, Perry & Associates, inc. and Deardourff/The Media Company. Respondents were asked in June 2002 about their attitudes concerning candidates and campaigns. Hew the full poll at W1441). carnpaigneonductorg. Statewide surveys conducted by the Public Policy Institute of California in 1998 found that 44% of Californians considered elected officials to be untrustworthy. However, when asked which level of government is best at solving their problems, people had morc confidence in city (27%) and state government (26%) than in the federal (20%) or county government (18%). See 13aldassare, Mark, Califinmia in the New MilleniuM, University of California Press/Public Policy Institute of California, 2000, at 44-45. May 6, 2021 Item 41 Page 82 of 91 48 I CHAPTER 5 Review your agency's ethics codes and try to identify which values each of your colleagues follow most strongly and then watch for ways that they act on that value. It may or may not be appropriate to recognize such efforts publicly (you don't want to appear patronizing), but being alert to such issues will give you a fuller appreciation of the qualities that individual brings to the board. If your ethics code applies to boards and commissions and/or staff, talk with your management team about ways to further reinforce a culture of recognition with respect to the ethics code. In Managing By Values, the authors describe situations in which companies recognize "success stories" in which an employee's behavior has exemplified a particular value.' Some companies offer certificates; others have a "Wall of Fame" in which employees' good works are recognized. Whatever makes sense for your jurisdiction, think about ways to recognize and reinforce what people are doing right. BRIGHT IDEA: SELECT VALUES FOR PARTICULAR Focus One technique for reinforcing compliance with the code is to select a value for particular focus and discussion during a meeting. For example, one city manager describes how she incorporated the city's fiscal responsibility discussion into a staff meeting on budget matters. The staff incorporated the city's values into a series of budget principles to help guide the council's budget approval process. The process of integrating the city's values into a difficult decision-making process helped make the ethics code real and was well received. -17 See Blanchard and O'Connor, Managing By Values, chapter VI. May 6, 2021 Item #1 Page 83 of 91 j, BRIGHT IDEA: CORE VALUES WORKSHEET FOR GROUPS The City of Santa Clara has developed a worksheet to assist with training employee workgroups on the city's ethics code. The worksheet lists the values and the expressions (columns one and two on the values menu in chapter 4) out on the worksheet and then asks employees to rate (on a scale of one to four, with one being very high and four being very low): •How important a value is to their particular job; and •Their perceived skill level on that value. The worksheet then asks employees to brainstorm ways to develop skills in a particular area. These worksheets prepare the employees for the discussions in the training sessions. INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE I 49 MAKING THE CODE REAL: EXAMPLE A colleague ofyours is vely active in an association of agencies like yours. She diligently attends conferences organized by the association and brings conference materials back to sham with her colleagues. She also makes a point ofmaking a brief report about the conference at the appropriate point in meetings of your agency's governing board. After one such report, you say: I really appreciate these reports. It helps both the public and me understand what our agency gets out of our participation in this association and attending these conferences [value: careful use of public resources]. Receiving the conference materials also helps me learn, even though I was not able to attend the conference. [values: more careful use of public resources and concern for colleagues] It also means our agency is part of a larger discussion of issues affecting our ability to serve our community at the state/regional level. [values: vision/leadership] The goal is to create a culture of ethics built around the values that are important to the agency and then create a culture of recognition for the everyday ways that individuals put those values into action. If your agency's code applies to employees, work with your top manage- ment to reinforce a culture of recognition by celebrating the efforts of those employees whose actions reflect the agency's values. In addition to day-to-day recognition, such recognition should be a part of each employees' annual performance review, just as the degree to which supervisors promote a culture of recognition should be part of their annual performance review. May 6, 2021 Item #1 Page 84 of 91 1 ,... I ., )\ BRIGHT IDEA: USING THE REVIEW PROCESS TO BROADEN CODE APPLICATION The review process can also be a springboard for expanding the code's application to additional people. The agency's governing board can direct staff to begin the consultation process so that the suggested modifications to the code will be ready by the code's first anniversary. Irrespective of whether an expansion of the code is planned, the agency should commit to an abbreviated version of the code adoption process as part of an annual review of the code. This review can also include community and self- assessment on how the agency performed in conforming their conduct to the values expressed by the code. 50 I CHAPTER 5 RECRUIT WITH ETHICS IN MIND If your agency's code applies to board and commission appointees and/ or staff, include ethics issues in the selection process. Some ways to do this include: •Refer to the Agency's Code in the Application Materials. This highlights the importance of the code to the agency. •Interview for Ethics. In the interview, describe a scenario relevant to the position in question that implicates one or more of the values in the agency's code. Ask the applicant how he or she would analyze the situation. Does the applicant recognize the question as presenting ethical issues? Does the applicant make reference to the agency's code in the applicant's response? •Sign the Code upon Joining the Team. Include the code along with a signature line in the various documents an individual is asked to fill out after having been selected (see also section on training, below). By highlighting the importance of ethics during the recruitment process, the agency underscores the agency's commitment to its code. This also helps the agency identify those potential appointees and employees who will readily embrace the values in the agency's code. It will also help the agency identify those who will help the agency make the code a success. TRAINING If a person's conduct is governed by the agency's code, that individual should receive training on the code, either upon the code's adoption or upon joining the agency team. "Ethics training is critical," says Art Madrid, Mayor of La Mesa. Two relatively practical training options include: •Have the individual review the code and think of specific ways it will affect his or her service to the agency (a modified version of the exercise agency officials went through in adopting the code, see the third column on the values menu in chapter 4); and May 6, 2021 Item #1 Page 85 of 91 BRIGHT IDEA: LOCAL ETHICS CODE AND THE CAMPAIGN CONDUCT CODE IN CANDIDATE ORIENTATIONS A number of local agencies conduct candidate briefings or orientations. Including a segment on the agency's code and the relationship of the state's "Code of Fair Campaign Practices" to the local code will highlight your agency's commitment to ethics in both campaigning and public service. It also highlights the ethics-in-political- campaigning issue for any media attending the orientation. The goal is to help the media and the public to be better equipped to ask the question of whether candidates arc "fit" for the office they seek based on whether they demonstrate commitment to the community's prevailing ethical norms in public service. INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE I 51 •Develop scenarios/case studies for ethical dilemmas implicating the values in the code and then having small group discussions on how the dilemma should be resolved. The goal of the training is to relate the concepts in the code to the day-to- day realities of the individual receiving the training. As with any adult learning experience, the more interactive and engaging the experience is, the more effective the training will be. Some private sector companies use online training on their ethics codes; other companies offer online training services on their ethics codes.48 THE IMPORTANCE OF AN ANNUAL REVIEW Reviewing the code annually serves a number of critical purposes in the implementation strategy, according to Jennifer Sparacino, Santa Clara City Manager. She notes that the review process is an opportunity to: •Increase people's awareness of the code; •Engender enthusiasm for the code; •Broaden the number of people involved with the code; and •Keep the code a vital document. The annual review process is also an opportunity to celebrate successes under the code. " Winter, Gretchen A. and Simon, David J., "Code Blue, Code Blue: Breathing Life into Your Company's Code of Conduct," ACA Docket, November/December 2002, at 72, 82-84. May 6, 2021 Item #1 Page 86 of 91 52 I CHAPTER 5 PROMOTING THE CODE WITHIN THE COMMUNITY Once the code has been adopted, think about ways to publicize the code to the community and those who regularly interact with your agency. •Post the code prominently on your agency's website; •Talk up the code in meetings with community leaders and in presentations to service clubs; and •Distribute the code to those who do business with the city, for example in attachments to requests for proposals or as a general mailing to all vendors expressing the agency's appreciation for the opportunity to do business with vendors. These efforts provide positive exposure for the agency's efforts in the ethics area. They also enable the community to hold agency officials accountable for conforming their conduct to the code. A SPECIAL NOTE ABOUT ETHICS CODES AND CAMPAIGNS Political interest Pan] never be separated in the long run from moral right. — Thomas Jeff6-son What about ethics codes as they relate to local campaigning? After an agency has adopted its code, it may want to determine whether some of the values and expressions of those values are relevant to campaigns. The City of Santa Clara did this and conducted a number of workshops about its ethics code and its relevance to campaign conduct for candidates, their managers and supporters.° The city reports that acquainting candidates with the city's values produced good results in terms of a more positive campaign with fewer personal attacks. " Santa Clara's work in this regard was featured in the December 2002 issue of Western City magazine (article begins on page 29). Santa Clara won the League of California Cities' prestigious Helen Putnam .Ward for its efforts. May 6, 2021 Item #1 Page 87 of 91 CALIFORNIA'S CODE OF FAIR CAMPAIGN PRACTICES There are basic principles of decency, honesty, and fair play which every candidate for public office in the State of California has a moral obligation to observe and uphold, in order that, after vigorously contested, but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues. THEREFORE: (1)I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I sec them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents or political parties which merit such criticism. (2)I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life. (3)I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on race, sex, religion, national origin, physical health status, or age. (4)I SHALL NOT USE OR PERMIT any dishonest or unethical practice which tends to corrupt or undermine our American system of free elections, or which hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, enrolling to vote, or voting. (5)I SHALL NOT coerce election help or campaign contributions for myself or for any other candidate from my employees. (6)I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or group which resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics which I condemn. I shall accept responsibility to take firm action against any subordinate who violates any provision of this code or the laws governing elections. (7)I SHALL DEFEND AND UPHOLD the right of every qualified American voter to full and equal participation in the electoral process. I, the undersigned, candidate for election to public office in the State of California or treasurer or chairperson of a committee making any independent expenditures, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices. Date Signature INSTITUTE for LOCAL SELF GOVERNMENT • DEVELOPING A LOCAL AGENCY ETHICS CODE I 53 May 6, 2021 Item #1 Page 88 of 91 54 I CHAPTER 5 Another thing to keep in mind is that California law requires all candidates to be given the opportunity to sign a code of campaign conducts° The code is provided to a candidate at the time he or she is given the papers necessary to run for office. The local elections official keeps copies of all signed codes on hand for public inspection until 30 days after the election:5' A candidate's agreement to abide by the code is voluntary.52 For the text of the code, see sidebar on page 53. " See Cal. Elec. Code § 20440. si See Cal. Eke. Code § 20442. " See Cal. Elec. Code § 20444. May 6, 2021 Item #1 Page 89 of 91 CHAPTER 6: CONCLUSION "The way to succeed is never quit That's it. But really be humble about it" — Alex Haley, 20th-century American author "The greater the obstacle the more gloiy in overcoming it." — Jean Baptiste Moliere, 17th-centwy French dramatist Is adopting an ethics code going to change the community's perception of agency officials overnight? No. But the process of adopting and implementing an ethics code can have several benefits. Among them is the opportunity to make a meaningful commitment to ethical values in public service. Another is meeting the public's expectations regarding how its public servants should behave. To achieve these benefits, the agency needs to do more than simply adopt a suggested "model" ethics code. The agency must make a concerted effort to reflect on the ethical values that should inform a public official's behavior. It must then assiduously put these values into action. An ethics code is not a "silver bullet" solution to ethics issues for an agency. But, by committing to both a process of developing and implementing a values-based ethics code, an agency and its officials can be better prepared for challenges they may face. There is also a synergy when multiple agencies make this commitment and adopt a code. If significant numbers of local agencies adopt and genuinely implement such values-based ethics codes, it will provide empirical support for the proposition that many believe to be true — that local government is the most responsive, ethical and accountable level of government. Let the Institute for Local Self Government know what your agency decides to do, what you learn from the experience and how this guide can be improved. We welcome your feedback in all forms. IN THIS CHAPTER Conclusion 55 May 6, 2021 Item #1 Page 90 of 91 Outstanding Minute Orders as of April 29, 2021 Date Minute Motion 1. 6-11-19 Directed staff to return to Council with information related to the contracted workforce regarding job quality standards, working conditions and compliance requirements. 2. 12-20-19 Directed staff to place on a future Planning Commission agenda Workplan Item Nos. 2-4 and 6-8 (relating to the Village & Barrio Master Plan) to allow the public the opportunity to provide feedback & subsequently return to City Council to discuss how to provide direction. 3. 12-17-19 Directed staff to return to Council with procedures outlining a process the City would apply & follow prior to approval of acquisition of property for any airport purpose and where a vote of the people of Carlsbad would fit into that process. 4. 12-17-19 Directed staff to schedule a Council Workshop item to consider forwarding a sea level rise impact exclusion zone to state legislature. 5. 2-11-20 Directed staff to initiate a State Street Arts Specific Plan with New Village Arts. 6. 4-14-20 Directed staff to return with a report and resolution that would establish criteria for the estimation of cost and staff time to be provided to the City Council prior to taking action on minute motions and options for waiving the cost and time estimation requirement. 7. 1-26-21 Directed staff to bring back an item with the next six months with options regarding Planning Area F and other coastal properties to preserve open space and recreation 8. 2-9-21 Referred to the Ad Hoc Committee on Economic Revitalization to make a budgetary recommendation on addressing food insecurity in Carlsbad for this next year's budget and bring back those recommendations. 9. 3-9-21 Directed staff to review recommended resolution declaring a climate emergency and bring back at a future date. 10 3-16-21 Directed staff to return at a future date with credit card administrative fee options for TOT payments made by credit card. 11 3-23-21 Directed staff, through work with a consultant, to return to Council with a plan/template to form a committee or commission with citizen representation from each district and a member of the Carlsbad Police Officers Association that would meet quarterly or monthly (as needed) and identify issues to bring to the Police Chief and Assistant Police Chief for consideration. 12 4-6-21 Directed staff to return with a plan to schedule a Robotics Day event. 13 4-27-21 Directed staff to return with information for City Council to have a discussion for supporting non-profit organizations. NJ NJ 16 40 16 aed Mia De Marzo Mary Real <anewday4me2020@gmail.com> Wednesday, May 5, 2021 4:22 PM Mary Real All Receive - Agenda Item # _L For the Information of the: CITY COUNCIL DatA)t) CC-1‘) CM _ACM DCM (3) `7.;' I am concerned about the Ethics of Senior Center Management from Park & Rec. who ban non-residents from certain services available at the Senior Center by using a convoluted logic or misinterpretation of actual facts by glib or nervous managers. AARP tax preparers who help people file their tax returns do not restrict their services to residents only as asserted by the current part time Senior Center mgr. (Where is the supervision or training by upper management?). AARP follows the guidelines quoted/encouraged by Park & Rec. and do not discriminate against seniors from the area. In addition, Senior Center Management seems to be entitled to claim that the Staff is being harassed and can ban seniors who ask questions about their plans for improving the Sr. Ctr. and ban people for 2 weeks for leaving art supplies at the Sr. Ctr. overnite! The person who was banned is well known at the Sr. Ctr. and lives two blocks from the center and is on meds. and was deeply troubled by this refusal of services. Other people are banned for longer periods of time and volunteers are threatened with losing their volunteer status for contradicting the "official" version of events as 'claimed' by staff! In order to appeal any suspensions, one has to appeal to the city council for a 3 minute hearing to explain before the public city council mtgs. This decision to ban or cancel people who ask for more consideration for seniors and their needs should be addressed by the Senior Commission who should have 2 representatives who actually use the Sr. Ctr. or ???? Senior Center Staff are given way too much credibility for their level of experience and their results which are less than inspiring? Why has Staff from the City NOT been asked to evaluate the level of service and achievement above the status quo by the City Council? Why is the City Mgr. not asking questions about the achievements and goals for future performance standards? Why ? What can the City Council do to set the tone for a higher level of performance instead of shortchanging seniors, a growing population? Thank you, Mary Lucid CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From: Sent: To: Subject: City Clerk; Council Internet Email; Tammy Cloud-McMinn; General Comments 5-6-2021 Special Mtg. City Council Hi City Council Members and Concerned Citizens: 1 Hector Gomez From: kelly.leberthon12@gmail.com Sent: Wednesday, May 5, 2021 7:59 PM To: City Clerk Subject: May 6, 2021 council meeting An excerpt from Barron's article sums up well my concerns on the workshop and Code of Ethics: "The bottom line is this: any political program that subordinates the individual to collective categories and ideals is dangerous and will conduce, in short order, to oppression and profound injustice. I would suggest that we all take a good, hard look at the Platonic road down which we are heading—and head back the other way." For the record: httos://www.wordonfire.orgiresources/article/were-all-platonists-now-and- thats-not-good/29809/ CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1