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HomeMy WebLinkAboutOrdinance No. 1221 338 ORDINANCE NO. 1221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTIONS 2-2.15 AND 2-2.22 OF THE CYPRESS MUNICIPAL CODE RELATING TO THE CITY COUNCIL DECORUM RULES AND CODE OF ETHICS WHEREAS, the City Council (the "City Council") of the City of Cypress (the "City") is authorized to establish rules of conduct for its proceedings pursuant to Government Code section 36813; and WHEREAS, the conduct of City Council meetings is governed by Section 2 of the City's Municipal Code and Robert's Rules of Order; and WHEREAS, Cypress Municipal Code Section 2.2-15 subsection (a) currently provides for limited rules addressing City Council rules of decorum; and WHEREAS, Cypress Municipal Code Section 2-2.22 currently provides the code of ethics as applied to City Council Members; and WHEREAS, the City wishes to update and provide more robust decorum and ethics rules guiding City Council meetings in the hope of providing clear standards guiding Council Members' conduct during City Council meetings; and WHEREAS, by adoption of this Ordinance, the City Council wishes to amend Cypress Municipal Code Sections 2-2.15 and 2-2.22. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the above Recitals are true and correct and incorporated herein as findings of the City Council. SECTION 2. Subsection 2-2.15(a) of the Cypress Municipal Code is hereby revised as follows (additions in bold underline; deletions in bold strikethrough): "§ 2-2.15Council meetings—Decorum. (a) By council members. (1) Conduct. While the council is in session, the council members must preserve order and decorum, and a council member shall neither by conversation, by the utterance of loud, threatening, profane, disparaging or abusive language, or by engaging in any other disorderly conduct at any council meeting, delay or interrupt the orderly conduct of council proceedings. A council member's persistence in discussing an agenda item or any other matter before the council after the matter has been called to a vote, shall constitute a violation of this subsection. Council members shall obey the orders of the council or the presiding officer. The following rules shall be obeyed: (i) Council members shall keep any remarks clear, concise and on-topic. (ii) When there are differences of opinion, council members shall focus on debating the facts of the situation and avoid personalities. Council members should seek to build on the ideas of others and look for common ground, embrace dissent and give open-minded consideration to different viewpoints. (iii) Council members shall be prepared at council meetings, including by reading their agendas with enough time to ask questions prior to the council meeting. Every effort will be made to ask questions before the council meeting so that the city manager or the city attorney, as applicable, has ample time to research the question before the council meeting. (iv) Council members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. (v) Council members shall not interrupt other Council members when they are recognized to speak and shall not applaud, boo or make other sounds or gestures that could have the tendency to disrupt the speaker. (vi) Council members shall exercise self-control and avoid comments that have a likelihood to degrade respectful Council decorum and deliberations." 339 SECTION 3. Section 2-2.22 of the Cypress Municipal Code is hereby revised as follows (additions in bold underline): "§ 2-2.22. Same—Code of ethics. The following principles shall constitute the Cypress code of ethics, applicable to all council members. Council members, upon the adoption of this ordinance or upon entering office, shall sign a statement affirming they read and understood the code of ethics. In addition, this code of ethics shall be periodically reviewed and updated by the council. (a) Act in the public interest. Recognizing that stewardship of the public interest must be their primary concern, council members will work for the common good of the community and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the council. To this end, Council members shall demonstrate teamwork amongst themselves, and their decisions and public statements shall prioritize the public's interest over their personal or political goals or objectives. (b) Comply with the law. Council members shall comply with the laws of the nation, the State of California and the City of Cypress in the performance of their public duties. These laws include, but are not limited to: the United States and California Constitutions; the Charter; the Municipal Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government. Council members shall also comply with all applicable city policies and procedures. (c) Conduct of council members. The professional and personal conduct of council members must be above reproach and should avoid even the appearance of impropriety. Council members shall refrain from abusive conduct, personal charges or verbal attacks upon the actions, character or motives of other council members, city staff or public, whether at Council meetings or at all other times when on city facilities. Council - members shall be courteous and respectful in their statements and consideration of matters before them. (d) Respect for process. Council members shall perform their duties in accordance with the processes and rules of order established by the council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the council by city staff. (e) Incompatible employment. No council member shall engage in or accept private employment, or render services for private interests, when such employment or service is incompatible with the proper discharge of his/her official duties or would tend to impair his/ her independence of judgment or action in the performance of his/her official duties. (f) Use of public property. No council member shall request or permit the use of city owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally, and in the same manner as available to the public, or are provided as city policy for the use of such official in the conduct of official business. No official shall use the time of any city employee during working hours for personal purposes. (g) Contracts with city. Council members shall not have a financial interest in any business transaction, or contract with the city, or in the sale of real estate, materials, supplies or services to the city, except as permitted in the conflict of interest statutes of the state. (h) Disclosure of interest in legislation. A council member who has a financial or other private interest in any legislation shall disclose on the records of the city council or other appropriate authority the nature and extent of such interest. (I) Conflict of interest. In order to assure their independence and impartiality on behalf of the common good, council members shall not use their official positions to influence government decisions in which they have a material financial interest. In accordance with the law, council members shall disclose investments, interests in real property, sources of income and gifts; and abstain from participating in deliberations and decision-making where conflicts, as determined under applicable laws, may exist. Council members should endeavor to consult with the city attorney before any council meeting to allow an evaluation by the city attorney of any potential conflict. (j) Confidential information. Council members shall respect the confidentiality of information concerning the property, personnel or affairs of the city. They shall neither 340 disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. (k) Advocacy. When representing the city while serving on or appearing before other government agencies or in court, council members shall represent the official policies or positions of the council to the best of their ability when designated as delegates for this purpose. When representing the city while serving on or appearing before other government agencies or in court, council members shall advocate policies that are in the best interest of the city over their own personal interests. When presenting their individual opinions and positions, council members shall explicitly state they do not represent the council or the city, and shall not allow the inference that they do. (I) Positive workplace environment. Council members shall support positive and constructive workplace environment for city employees and for citizens and businesses dealing with the city. Council members shall recognize their special role in dealings with city employees not provide direction to city staff in violation of the city charter." SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional. SECTION 5. Effective date. This Ordinance shall become effective thirty (30) days from its adoption. SECTION 6. Certification. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 13th day of October, 2025. oL/ ✓�4 ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF TIc CITY OF CYPRESS STATE OF CALIFORNIA } COUNTY OF ORANGE } SS I, LISA BERGLUND, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the 13th day of October, 2025, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Chang, Medrano and Burke NOES: 1 COUNCIL MEMBERS: Peat ABSENT: 0 COUNCIL MEMBERS: • CITY CLERK OF TH ITY OF CYPRESS