REPORT TO GOVERNANCE AND ETHICS COMMITTEE
SUBJECT
Title
Presentation by Outside Consultant of the Review of and Recommendations Regarding Existing City’s Ethics Policies and Solicitation of Committee Input on Appropriate Next Steps
Report
BACKGROUND
In June 2023, the Governance and Ethics Committee discussed the City’s ethics program and referred the matter to the full Council. In July 2023, the City Council heard the item and directed staff to: Conduct a special meeting with the City Council to include AB1234 Ethics annual training with the City Attorney. The AB 1234 training took place on October 26, 2023, and another session is being scheduled for early 2025. The Council also directed staff to explore hiring a consultant for the review of existing City Ethics documents. LCW has been retained to review existing City Ethics documents after a Request for proposal process was completed to solicit qualified firms to review current behavioral standards and existing ethics documents per the City Council direction. Documents identified for review include the City Code of Ethics and Values (Attachment 1), Behavioral Standards for Councilmembers (Attachment 2), the City Council Admonition and Censure Policy (Council Policy 047) (Attachment 3), and the City’s “revolving door” ordinance (Attachment 4).
The City received three proposals and selected Liebert Cassidy Whitmore (LCW), a law firm with a 40+ year history providing employment law services to public sector clients. LCW’s background in the evaluation of ethical conflicts and the provision of ethics training made them a strong candidate to conduct this work in the City of Santa Clara.
LCW is working on this project, and Morin I. Jacob, the San Francisco Office’s Managing Partner, is the lead. Ms. Jacob has an extensive employment law advice and counsel practice wherein she works with clients to develop solutions to challenges and legal issues designed to help prevent litigation. She also advises public agencies on issues involving ethics and the conduct of elected officials. In addition, she is a defense-side employment litigator, with experience ranging from pre-litigation through jury trial and appeal. Her jury trial experience includes defense against claims of harassment, discrimination, retaliation and whistleblower allegations. In addition to trials and arbitrations, she represents clients in administrative proceedings and agencies in binding arbitrations and other disciplinary appeal hearings. She also conducts workplace investigations and holds a certificate from the Association of Workplace Investigators.
Morin Jacob’s will be present at the December 2, 2024 Governance and Ethics Committee meeting for an update on her efforts.
In addition to the above referral, there were two additional findings and recommendations that resulted from the Grand Jury Report titled, “Irreconcilable Differences”. The City Council directed that the scope of work for the Ethics document review effort be expanded to include one of the referrals regarding adopting robust ethics training strategies supported by policy. This referral has been added to LCWs scope of work.
The other recommendation called for establishing an Independent Ethics Commission to oversee the behavior of Councilmembers and to ensure they model positive engagement with the public and reclaim the public’s trust.
In response to this referral, the City has released an RFP to solicit assistance from a qualified consultant to identify options and best practices for the structure, powers and duties for such commissions and/or program. Staff will report out on the RFP at a later date since this procurement process is not yet completed.
DISCUSSION
LCW has conducted a review of the following Ethics documents:
1. City Code of Ethics and Values
2. Behavioral Standards for Councilmembers
3. City Council Admonition and Censure Policy (Council Policy 047)
4. Chapter 2.145, Restrictions on activities of City officials and certain City employees
Ms. Jacob will meet with the Governance and Ethics Committee on December 2, 2024 to discuss her review and potential recommendations and efforts pertaining to the aforementioned Ethics documents.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no fiscal impact to the City other than staff time.
COORDINATION
This report was coordinated with the City Attorney’s Office and the City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Committee agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Receive Consultant’s Report and Provide Any Input to the Consultant’s Recommendations
ATTACHMENTS
1. City Code of Ethics and Values
2. Behavioral Standards for Councilmembers
3. City Council Admonition and Censure Policy (Council Policy 047)
4. Chapter 2.145, Restrictions on activities of City officials and certain City employees