Loading...
HomeMy WebLinkAbout2023-07-11; City Council; ; City Council Code of Ethics and Public Service ValuesCA Review CKM Meeting Date: July 11, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Sheila Cobian, Legislative & Constituent Services Director sheila.cobian@carlsbadca.gov, 442-339-2917 Subject: City Council Code of Ethics and Public Service Values Districts: All Recommended Action Adopt a resolution reaffirming the City Council Code of Ethics and Public Service Values originally approved on Nov. 16, 2021. Executive Summary The City Council adopted a Code of Ethics and Public Service Values on Nov. 16, 2021. As part of its approval, the City Council directed staff to place the code on the City Council’s agenda each year to provide an opportunity to review and discuss the code and revise it if appropriate. The City Council reviewed the code at a special meeting on June 1, 2023, and determined that the values outlined are still relevant and do not require any revisions. Staff are now presenting a resolution (Exhibit 1) for the City Council to reaffirm the Code of Ethics and Public Service Values. All City Council members will be asked to sign the code following adoption of the resolution. The code will then be made available on the City’s website. Explanation & Analysis Carlsbad’s City Council Code of Ethics & Public Service Values are based on the belief that public officials must have the trust and respect of their communities they serve for democratic institutions to be effective. The code is intended to: •Encourage the highest standards of behavior by City of Carlsbad elected officials •Make implicit norms of leadership and communication explicit •Provide an ongoing source of guidance to City of Carlsbad officials in their day-to-day service to the city The code established four public service values for the City Council: •Respect •Responsibility •Compassion and Fairness •Integrity July 11, 2023 Item #7 Page 1 of 10 The complete statement of ethics and values is provided as Attachment A to Exhibit 1. Fiscal Analysis No city funding is being requested. Next Steps Staff will obtain the signatures of all City Council members on the Code of Ethics and make it available on the City Council web page. Environmental Evaluation This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. Exhibits 1. City Council resolution July 11, 2023 Item #7 Page 2 of 10 RESOLUTION NO. 2023-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REAFFIRMING THE CITY COUNCILCODE OF ETHICS AND PUBLIC SERVICE VALUES ORIGINALLY APPROVED ON NOV. 16, 2021 WHEREAS, on June 23, 2019, the City Council adopted Resolution No. 2019-133 creating the ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist staff with a comprehensive update to the Carlsbad Municipal Code; and WHEREAS, the Subcommittee recommended that the full City Council hold a workshop to discuss and develop a City Council Code of Ethics; and WHEREAS, on May 6, 2021, the City Council held a facilitated workshop to discuss communication, leadership and ethics; and WHEREAS, on June 29, 2021, the City Council held a second facilitated workshop to finalize the components of a City Council Code of Ethics and Public Service Values; and WHEREAS, the City Council agreed that approving a City Council Code of Ethics and Public Service Values would: •Encourage the highest standards of behavior by the City of Carlsbad elected officials.... •Make implicit norms of leadership and communication explicit •Provide an ongoing source of guidance to City of Carlsbad officials in their day-to-day service to the City of Carlsbad WHEREAS, on Nov. 16, 2021, the City Council adopted Resolution No. 2021-253 approving a City Council Code of Ethics and Public Service Values; and WHEREAS, the adopted City Council Code of Ethics and Public Service Values requires annual review by the City Council; and WHEREAS, the City Council reviewed the City Council Code of Ethics and Public Service Values at a special meeting held June 1, 2023, and found that the City Council Code of Ethics and Public Service Values continue to be relevant and did not require any changes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2. That the City of Carlsbad City Council Code of Ethics and Public Service Values (Attachment A) is reaffirmed and approved. Exhibit 1 July 11, 2023 Item #7 Page 3 of 10 PASSED, APPROVED AND. ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of !l!!Y, 2023, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. NAYS: None. ABSTAIN: ABSENT: None. None. KEITH BLACKBURN, Mayor L SHERRY FREISINGER, City Clerk r (SEAL) July 11, 2023 Item #7 Page 4 of 10 City of Carlsbad City Council Code of Ethics & Public Service Values Preamble 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 Council Members 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 and, once signed, posted on the City Council section of the city website; •Included in the materials provided to candidates for City Council; •Covered in newly elected officials’ orientation materials and training (including AB 1234 training); and •Agendized for discussion annually as an opportunity for City Council review, self-evaluation, discussion, and revision, if appropriate. Adopted by the City of Carlsbad City Council on Nov. 16, 2021. Value: Respect 1.As a leader of the community, I model civility. In practice, this means that: •I treat my fellow officials, staff and the public politely, professionally and with an appreciation for our common humanity, even when we disagree on what is best for the community. •When I explain my disagreement with a colleague or City Council decision to others, I do so in a way that focuses on the merits of an issue and recognizes that reasonable people of differing interests and/or good intentions can disagree on what is best for our community. •When my perspective doesn’t prevail, in discussing the outcome in the community, I frame my colleagues’ differing positions in the spirit of moving onward from the Attachment A July 11, 2023 Item #7 Page 5 of 10 Carlsbad City Council Code of Ethics & Public Service Values July 11, 2023 ________________________ 2 decision and in the same way I would want my colleagues to frame my own differing positions. • I contribute to a culture and practice of active acknowledgement by recognizing colleagues and persons who model values-based decision-making under challenging circumstances. • I refer to my colleagues on the City Council by their formal city titles (for example, “Council Member,” “Mayor,” etc.), and/or appropriate gender pronouns unless an individual has expressed a preference for an alternative title (for example, “Reverend,” “Dr.,” etc.) 2. I invite and respect public input to inform my sense of what is in the community’s best interests and incorporate it in the decision-making process to ensure meaningful public engagement. In practice, this means that: • I am attentive and engaged in meetings. • I welcome diverse perspectives and consider them in my decision-making. • I act in ways that help people feel valued when they participate in our city’s decision-making processes. • As an elected official, I gather public input and information to make the best decision with a spirit of curiosity and inquiry. • I involve all appropriate stakeholders and the public in general in meetings affecting city decisions. • I strive to make people feel heard, by listening carefully, sharing what I think I have heard, asking clarifying questions, and seeking to understand the interests underlying their positions. 3. 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. In practice, this means that: • I act on the understanding that staff’s role is to provide objective information and analysis to inform the decision-making process within the resources that they have available, even if this information and analysis don’t support the decision I believe is best. • When I know I will be asking one or more questions on an agenda item, I alert the City Manager or City Attorney as appropriate in advance so staff can be prepared to provide the most complete answer to inform both the City Council and the public. • I ask questions to authentically deepen my understanding of staff analysis and its factual underpinnings, as well as inform the public; I argue the merits of decisions with my fellow City Council Members. • I communicate any concerns I have about city functions, staff analyses or individual staff performance to and through the city manager. July 11, 2023 Item #7 Page 6 of 10 Carlsbad City Council Code of Ethics & Public Service Values July 11, 2023 ________________________ 3 • I act on the understanding that I am part of a group decision-making process and that staff take direction from City Council collective action. Value: Responsibility 1. I model and promote clear communication. In practice, this means that: • I support defining important words, terms, and context, avoiding jargon (including use of 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; I support others doing likewise. • I am direct and transparent in explaining my reasoning, interests, goals and intentions to help others understand what I am saying and why. I contribute to an interpersonal environment that supports such transparency and forthrightness from others to help move conversations forward with the goals of finding common ground and maximizing the public’s best interests. • I verify (fact check) statements reportedly made by a colleague directly with that colleague. • I make myself available for one-on-one conversations about the values in this code. • I am transparent and publicly disclose relevant information. 2. I work collaboratively to improve our community’s quality of life and promote the public’s best interests. In practice, this means that: • 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 owner of authority. • 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. 3. I consider the larger picture in my decision-making and actions. In practice, this means that: • I consider the short-, medium-, and long-term effects of my decisions and actions. • I strive to foster effective relationships with state, regional and other public agencies and their officials. 4. I am accountable for my actions and words. In practice, this means that: • I am prepared to make unpopular decisions when my sense of the public’s best interests requires it. July 11, 2023 Item #7 Page 7 of 10 Carlsbad City Council Code of Ethics & Public Service Values July 11, 2023 ________________________ 4 • I take responsibility for my actions, even when it is uncomfortable to do so. This includes apologizing when I realize that my behavior has fallen short of the aspirational standards in this code. • 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. • I keep open communication with my fellow City Council members when speaking or making presentations in other City Council members’ districts. • I will review these code provisions with my colleagues at least annually, looking for opportunities to refine, improve and/or update the provisions given current developments and dynamics. Values: Compassion and Fairness 1. I am empathetic and care about the needs of the public, my colleagues and staff. In practice, this means that: • When interacting with others, I put myself in others’ shoes, understanding that people have different lived experiences. • I am sensitive that those interacting with public officials, whether staff or community members, can be intimidated by public officials and public agency processes. I try to make interactions with the City Council as stress-free as possible. • My actions reflect an awareness that people respond to both verbal (including tone of voice) and non-verbal cues; I also recognize that some people, including me, can interpret verbal and non-verbal cues differently, depending on the attributes of the source. • I use active listening techniques (repeating back, follow-up questions, taking notes as appropriate, and other verbal and non-verbal cues) to demonstrate that I am hearing and listening to what people are saying. • I carefully consider all colleague’s and public’s perspectives and input when making decisions. • I value the personal experiences that contribute to my colleagues’ and the public’s views on a given matter. • I initiate one-on-one conversations with those who have different positions on issues to better understand those positions; I look for opportunities to identify shared values and interests. • 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. July 11, 2023 Item #7 Page 8 of 10 Carlsbad City Council Code of Ethics & Public Service Values July 11, 2023 ________________________ 5 • I understand that everyone makes mistakes and, in the spirit of collegiality, I accept apologies when they are offered. I set aside grudges that may be tempting to hold. • I look for opportunities to celebrate generative, positive examples of the application of this code. 2. I embrace our community’s and city team’s diversity. In practice, this means that: • I consider the diversity, equity and inclusion implications of policy decisions I make. • I participate in regular educational activities to enhance my insights into a wide variety of diversity, equity and inclusion issues. 3. I promote fair and consistent processes. In practice, this means that: • I make decisions on policies, hiring and contracting prioritizing merit and value to the community and equitable practices rather than favoritism and/or family or personal relationships. • I honor the law’s and the public’s expectation that city 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 equitably with members of the community, irrespective of their influence, power or campaign donations. • I make a conscious effort to avoid favoritism or bias (including unintended bias) in my actions and decisions. Value: Integrity 1. I am truthful with my colleagues, the public and others. In practice, this means that: • I carefully consider any promise I make and then I keep it; I make only promises I believe are realistic. • I treat information I receive with a spirit of inquiry and presumed positive intent; I fact-check information as necessary with colleagues, staff and others. • I honor commitments I and my agency make. • I credit others’ contributions to moving our community’s interests forward. • I only disclose confidential information when I am authorized to do so. • I explain the official positions of the city to the best of my ability when I am authorized to do so. I am clear in stating my own views that these views may or may not represent the city’s position. July 11, 2023 Item #7 Page 9 of 10 Carlsbad City Council Code of Ethics & Public Service Values July 11, 2023 2. My actions are consistent with my words. In practice, this means that: • I follow through on the commitments I make. • Building and maintaining trust is an ongoing process. I act in ways that promote the public's trust in both 1) the city as an expression of community democratic processes and 2) my own role as a member of the city's governing body. 3. 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. In practice, this means that: • I demonstrate, by my actions and my words, that I am a guardian of the public's trust and confidence in the city, its elected officials and staff. • I use public resources for public purposes, not for private benefit or political purposes. • I decline and do not seek gifts, favors, and other special treatment. • I make decisions based on my sense of the public's best interests. In so doing, I am mindful of the nonpartisan nature of city, county, school and judicial offices provided for in California's Constitution. City Council Member Signatures: ()JJkU Mayor Blackburn -ec-~i&!J City~cil Member Bhat-Patel City Council Member Acosta City Council Member Burkholder ~ · :Li/1\tx.1 City Council Member Luna 6 July 11, 2023 Item #7 Page 10 of 10 Tammy Cloud-McMinn From: Sent: To: Subject: Item #7 on July 11, 2023, agenda Manager Internet Email Monday, July 10, 2023 3:14 PM City Clerk FW: Ethics violations From: Krisha Markowicz <krisha2700@yahoo.com> Sent: Friday, July 7, 2023 5:17 PM To: Manager Internet Email <Manager@CarlsbadCA.gov> Subject: Ethics violations Dear City Manager Chadwick- All Receive -Agenda Item # 7 For the Information of the: CITY COUNCIL Date r;/Jol;zy. v cc ✓ CM ,.......--ACM v1)CM (3) __::::. I am writing you because councilwomen Pyria Bhat-Patel, at the very least broke a few of the cities council code of ethics and public service values, by calling people like me that don't agree with DEi in school children curriculum, white supremacist. Let me remind the city of a few of the codes council women Pyria Bhat Patel broke by encouraging people to show up and support film ethics studies at CUSD school board meeting. Value respect. 1. As a leader of the community, I model civility. I threat my fellow officials, staff and the public politely, professionally and with an appreciation for our common humanity, even when we disagree on what is best for the community. 2. I invite and respect public input. I welcome diverse perspectives and consider them in my decision-making I act in ways that help people feel valued when they participate in our city's decision-making processes Value: Responsibility I support defining important words, terms and context, avoiding jargon I am accountable for my actions and words. I take responsibility for my actions, even when it is uncomfortable to do so . This includes apologizing when I realize that my behavior has fallen short of the aspirational standards in this code. These are just a few of the ethical codes PBP broke, and when we had a chance to sit down with her and asked her if she would apologize for using an offensive word like white supremacist. She said she would not. At the very least she needs to issue a public apology immediately. Thank you, Krisha Wolter CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Manager Internet Email Tuesday, July 11, 2023 12:58 PM City Clerk FW: ethics violation #7 All Receive -Agenda Item#!]_ For the Information of the: _ yl~COUNCIL Date~ CA v CC V CM v ACM ✓DCM(3)~ Not sure if someone else already forwarded this one but it's related to tonight's agenda. From: tamara9497@yahoo.com <tamara9497@yahoo.com> Sent: Monday, July 10, 2023 10:52 PM To: Manager Internet Email <Manager@CarlsbadCA.gov> Subject: ethics violation #7 Dear Mr. Chadwick and city council members, I am requesting an investigation into the violation of ethics code and public service values regarding councilwoman Pryia Bhat-Patel. As an elected(?) leader of the community, Pryia has broken the trust of many citizens in Carlsbad. In a divisive email Pryia called me and those who oppose DEIB white supremist and refused to apologize for the name calling. I have never met anyone who is more racially divisive than she is. By signing the city council code of ethics and public service values, Pryia is required to value, respect and model civility. She is required to treat the public politely, professionally and with humanity, even when there is a disagreement on what is best for the community. Pryia is required to respect public impute, diverse perspectives, consider them in her decision making and act in ways that people feel valued when they participate in the city's decision-making processes. Pryia must be responsible in defining · important words, terms and context and always avoiding jargon I.e.: white supremist Pryia is required to be accountable for her actions and words and take responsibility for her actions even when it is uncomfortable to do so. These are a few of the ethical codes Pryia has broken. She had a chance to apologize for insulting us by calling us white supremist when we met with her. Pryia does not deserve to be a council member. I am requesting an immediate investigation of her code of ethics and public service. Thank you, Tamara Dixon ,1 even a Hispanic person was considered white. Being shocked that she would call a Hispanic a white supremist because he didn't agree with DEIB, I asked her about Ms. Acosta and if she was a woman of color. Pryia said no As an elected • I work collaboratively to improve our community's quality of life and promote the public's best interests. • I invite and respect public input to inform my sense of what is in the community's best interests. I model and promote clea_r communication. In practice, this means that: . I am transparent and publicly disclose relevant information. • I work collaboratively to improve our community's quality of li fe and promote the public's best interests . • I gain value from diverse perspectives and consider them in my decision-making. • I am accountable for my actions and words. I am empathetic and care about the needs of th e public • 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 a conscious effort to avoid favoritism or bias (including unintended bias) in my actions and decisions . • • I am truthful with my colleagues, the public and others . • CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i 2 Tammy Cloud-McMinn From: Sent: To: Manager Internet Email Tuesday, July 11, 2023 1 :48 PM City Clerk Subject: FW: # 7-code of ethics Here is another email related to tonight's #7. Morgen From: Tamara Dixon <tamara9497@yahoo.com> Sent: Tuesday, July 11, 2023 11:21 AM To: Manager Internet Email <Manager@CarlsbadCA.gov> Subject:# 7-code of ethics Dear Mr Chadwick and Council Members. As a resident and tax paying citizen, I am requesting Pryia Bhat-Patel to read out loud her CITY COUNCIL CODE OF ETHICS AND PUBLIC SERVICE VALUES to me and my group who she called white supremist. I understand the shortness oftime and will spotlight the ethics and values I think are the most crucial for her to follow. The City Council further directs that this code be: Distributed to individual City Council Members for signature and, once signed, posted on the City Council section of the city website; • Included in the materials provided to candidates for City Council; • Covered in newly elected officials' orientation materials and training (including AB 1234 training); and • Agendized for discussion annually as an opportunity for City Council review, self-evaluation, discussion, and revision, if appropriate. Adopted by the City of Carlsbad City Council on Nov. 16, 2021. These are the council codes and public values I would like Pryia to read aloud to me and my group who she called white supremist. 1. I take responsibility for my actions, even when it is uncomfortable to do so. This includes apologizing when my behavior has fallen short of the standards in this code. 2. 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. 3. I promote fair and consistent processes 4. I invite and respect public input Thank you for your consideration. Tamara Dixon CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: kelly.leberthon 12@gmail.com Tuesday, July 11, 2023 2:07 PM City Clerk RE: Item #7 Code of Ethics All Receive -Agenda Item # 1 For the Information of the: p'f( COUNCIL Date~CA_CC ./ CM _ACM_ DCM (3) _ Councilwoman Priya Bhat-Patel sent a letter on campaign letterhead, but signed as a city council member - calling parents who opposed CUSD's Film Ethnic Studies program white supremists and stating "Extremists (are) taking over our school boards." She violated the City's Code of Ethics when she wrote that citizens who disagree with the proposed Diversity, Equity, and Inclusion policies or the teaching of history according to Critical Race Theory in our local schools are aligned with the belief of white supremacy. Nothing is further .from the truth. The uproar created by her incendiary comments forced the school board to change the location of their meeting and incur additional security costs. Carlsbad's Ethics Code states in part: "I treat ... the public politely, professionally and with an appreciation for our common humanity ... " "I welcome diverse perspectives ... " "I act in ways that help people feel valued" "I strive to make people feel heard, by listening carefully ... and seeking to understand the interests underlying their positions." "I support defining important words, ... avoiding jargon ... " "I contribute to an interpersonal environment. . .to help move conversations forward with the goals of finding common ground ... " "I gain value from diverse perspectives ... " "I recognize that I am an agent for the democratic process, not the owner of authority." "I am accountable for my actions and words" "I take responsibility for my actions; ... This includes apologizing when I realize that my behavior has fallen short of the aspirational standards in this code." Does Carlsbad have a protected Political Elite Class? Is this a case of Rules for Thee but Not for Me? Bhat Patel's incendiary and hateful accusation violated each of the Ethics Codes I've just read. Councilwoman Bhat-Patel -take responsibility for your actions and words. Apologize for using hateful, incendiary language against Carlsbad citizens. From: kelly.leberthon12@gmail.com <kelly.leberthon12@gmail.com> Sent: Tuesday, July 11, 2023 9:04 AM To: clerk@carlsbadca.gov Subject: Item #15: REQUEST TO FLY COMMEMORATIVE FLAGS 1