Loading...
HomeMy WebLinkAboutItem 7.2 Second Review of Draft Code of Ethics and Conduct for Elected and Appointed Officials Agenda Item 7.2 STAFF REPORT CITY COUNCIL Page 1 of 2 DATE: September 1, 2026 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Second Review of Draft Code of Ethics and Conduct for Elected and Appointed Officials Prepared by: Colleen Tribby, City Manager EXECUTIVE SUMMARY: At the August 18, 2026 meeting, the City Council reviewed and provided feedback on a draft Code of Ethics and Conduct for Elected and Appointed Officials. The City Council will review the revised Code and provide feedback to be incorporated into the final version. STAFF RECOMMENDATION: Review the revised Code of Ethics and Conduct for Elected and Appointed Officials and provide feedback. FINANCIAL IMPACT: None. DESCRIPTION: At the August 18, 2026 meeting, the City Council reviewed and provided feedback on a draft Code of Ethics and Conduct for Elected and Appointed Officials. The City Council also requested that Staff do the following: 1. Incorporate all relevant elected official policies into the Model of Excellence that requires signature; 2. Evaluate including language in the Code governing councilmember attendance at meetings; 3. Clarify cross-attendance guidelines for officials attending meetings of other bodies; and 4. Provide a procedure for escalating potential code violations. 63 Page 2 of 2 The updated Code includes the changes requested by the City Council and is provided as Attachment 1 to this report, with Attachment 2 as the redline version. The August 18 Staff report is provided for reference as Attachment 3. The final version of the Code will be brought to the City Council for approval via resolution at the next meeting. A discussion of Staff’s evaluation of potential attendance standards is provided below. Attendance Standards Most agencies Staff evaluated rely on state law to govern councilmember attendance at City Council meetings. Government Code Section 36513 applies automatically to all general law cities, and provides that a councilmember absent without permission from all regular City Council meetings for 60 consecutive days (or 70 days, for bodies that meet once monthly) forfeits the office, which is then filled as any other vacancy would be. Because the state law baseline already applies, most California cities do not restate it in their own ethics or conduct codes. It is absent, for example, from both Alameda’s and Sunnyvale’s codes, the two documents Dublin’s draft is primarily modeled on. Where cities do adopt something supplemental, it is typically not an attempt to change the state -law threshold, but to clarify the process by which a councilmember requests, and the council grants, an excused absence. Section 36513 conditions the vacancy on absence “without permission of the council,” but does not define how permission is requested, documented, or granted. Furthermore, Staff did not find any examples of codes of ethics addressing remote attendance. At this time, Staff has not included Attendance Standards in Dublin’s draft Code that are more restrictive than state law. Instead, Staff added a “Commitment to Attendance” to the Guiding Principles section. If the City Council wanted to create a procedure for absence requests and approvals/denials, it would need to also include a list of valid excuses (e.g., personal or family illness, a family emergency or bereavement, jury duty or a legal obligation, milita ry service, unavoidable conflict with official City or intergovernmental business, etc.), and potentially a method for verification. It should be noted that there would be administrative work associated with maintaining such a procedure. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Code of Ethics and Conduct for Elected and Appointed Officials 2) Code of Ethics and Conduct for Elected and Appointed Officials (redline version) 3) August 18, 2026 Staff Report, without attachments 64 DRAFT – City of Dublin Code of Ethics and Conduct Page 1 of 11 Attachment 1 City of Dublin Code of Ethics and Conduct for Elected and Appointed Officials D R A F T September 2026 65 DRAFT – City of Dublin Code of Ethics and Conduct Page 2 of 11 A. Policy Purpose The Dublin City Council has adopted this Code of Ethics and Conduct for its members, and for the members of the City's committees and commissions, to ensure the integrity of local government and its effective, fair operation. B. Ethics The residents and businesses of Dublin are entitled to a local government that is fair, ethical, and accountable, and that has earned the public's full confidence in its integrity. The effective function of democratic government therefore requires that: ▪ public officials, both elected and appointed, comply with both the letter and the spirit of the laws and policies affecting the operations of government; ▪ public officials be independent, impartial, and fair in their judgment and actions; ▪ public office be used for the public good, not for personal gain; and ▪ public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. 1. Guiding Principles The following principles provide guidance on ethical decision-making for members of the City Council and appointed members of the City's committees and commissions (collectively referred to as “Officials” throughout this document). a) Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Officials will work for the common good of the people of Dublin 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 City Council, committees, and/or commissions. b) Comply with Both the Spirit and the Letter of the Law and City Policy. Officials shall comply with the laws of the United States, the State of California, and the City of Dublin in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the Ralph M. Brown Act; the Political Reform Act; the Dublin Municipal Code; commission and committee bylaws; the City’s Rules of the Conduct of Meetings of the City Council; the City Council Norms; the City’s Personal Devices, Personal Accounts, and Messages Policy; and laws pertaining to conflicts of interest, election campaigns, financial disclosures, and open processes of government. c) Conduct of Officials. The professional and personal conduct of Officials must be above reproach and avoid even the appearance of impropriety. Officials shall refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, committees and commissions, City staff, and/or the public. d) Respect for Process. Officials shall perform their duties in accordance with the processes and rules of order established by the City Council and committees and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions by City staff. e) Conduct of Public Meetings. Officials shall prepare themselves for public issues, listen courteously and attentively to all public discussion before the body, and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings. f) Decisions Based on Merit. Officials shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. 66 DRAFT – City of Dublin Code of Ethics and Conduct Page 3 of 11 g) Communication and Disclosure of Outside Contacts. Officials shall publicly disclose substantive information that is relevant to a matter under consideration by the Council, or by a committee or commission, which they may have received from sources outside of the public decision-making process. When serving in a quasi-judicial capacity, Officials shall disclose the nature and substance of any such ex parte communication before the matter is acted upon, so that other parties have an opportunity to respond; disclosure alone does not disqualify a member from participating unless the member cannot remain impartial. h) Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good, Officials shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest. In accordance with the law, Officials shall disclose investments, interests in real property, sources of income, and gifts, and they shall abstain from participating in deliberations and decision-making where conflicts may exist. i) Gifts and Favors. Officials shall not take any special advantage of services or opportunities for personal gain by virtue of their public office that are not available to the public in general. They shall refrain from accepting any gifts, favors, or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised. j) Confidential Information. Officials shall respect the confidentiality of information concerning the property, personnel, and/or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, and/or other private interests. k) Use of Public Resources. Officials shall not use public resources not available to the public in general, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes. l) Representation of Private Interests. Members of the Council shall not appear on behalf of the private interests of third parties before the Council or any committee, commission, or proceeding of the City, nor shall members of committees and commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. m) Advocacy. Officials shall represent the official policies or positions of the City Council, committee, or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Officials shall explicitly state that they do not represent their body or the City of Dublin, nor shall they allow the inference that they do. Councilmembers and committee and commission members have the right to endorse candidates for all Council seats or other elected offices; it is inappropriate, however, to mention or display endorsements during City Council meetings, committee and commission meetings, or other official City meetings. n) Policy Role of City Councilmembers. Councilmembers shall respect and adhere to the council- manager structure of City government as established under the Dublin Municipal Code and applicable state law. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, committees and commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor impair the ability of staff to implement Council policy decisions. o) Independence of Committees and Commissions. Because of the value of the independent advice of committees and commissions to the public decision-making process, Councilmembers shall refrain from using their position to influence the deliberations or outcomes of committee and commission proceedings. 67 DRAFT – City of Dublin Code of Ethics and Conduct Page 4 of 11 p) Positive Work Environment. Officials shall support the maintenance of a positive and constructive work environment for City employees and for residents and businesses dealing with the City. Officials shall recognize their special role in dealings with City employees so as to in no way create the perception of inappropriate direction to staff. q) Commitment to Attendance. Officials recognize that regular attendance at City Council, committee, and commission meetings is essential to fulfilling their duty to represent the Dublin community and to the orderly conduct of the public's business. Officials shall make attendance at scheduled meetings a priority, and where an absence is unavoidable, shall provide timely notice consistent with the City's attendance and excusal procedures. C. Conduct This Section of the Code describes the manner in which Officials should treat one another, City staff, constituents, and others they come into contact with in representing the City of Dublin. 1. Conduct with One Another a) In Public Meetings. i. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow, however, Officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated. ii. Honor the role of the Mayor or Chair in maintaining order. It is the responsibility of the Mayor or Chair to keep the comments of Officials on track during public meetings. Officials should honor efforts by the Mayor or Chair to focus discussion on current agenda items. Disagreement about the Mayor or Chair's actions should be voiced politely and with reason. iii. Avoid personal comments that could offend other Officials. If an Official is personally offended by the remarks of another member, the offended Official should note the actual words used and call for a “point of personal privilege” that asks the other Official to justify or apologize for the language used. The chair will maintain control of this discussion. iv. Demonstrate effective problem-solving approaches. Officials have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community overall. Officials should raise concerns about a specific component and seek amendment before voting against an item as a whole, rather than treating one disagreement as grounds to reject a complex, significant item. b) Outside of Public Meetings. i. Continue respectful behavior in private. The same level of respect and consideration of differing points of view that is expected in public discussions should be maintained in private conversations. ii. Be aware of the insecurity of written notes, voicemail messages, email, and texts. Written notes, voicemail messages, email, texts, and other messages should be treated as potentially public communication, whether or not they are ultimately disclosable under the Public Records Act. 2. Conduct with City Staff Officials are expected to treat all staff as professionals, engaging in clear, honest communication that respects the abilities, experience, and dignity of each individual staff person. 68 DRAFT – City of Dublin Code of Ethics and Conduct Page 5 of 11 a) In Public Meetings. i. Keep questions related to the matter at hand. Lines of questioning during public meetings should be limited to the item(s) being considered and should not be used to evaluate or substantiate an individual staff person’s general knowledge, education, experience, or personal opinion. ii. Treat staff as members of your own team. Officials should attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to Council, committee, or commission meetings. Allowing staff to prepare for a public meeting helps avoid surprises that can be disruptive to the business of the City. iii. Do not engage in personal attacks of any kind, under any circumstance. Officials should be aware, because of the power dynamic of their roles, that their body language and tone of voice, as well as the words they use, can appear intimidating or aggressive to staff members. b) Outside of Public Meetings. i. Direct all communication to the appropriate City staff. All communications (feedback, requests for information, inquiries, etc.) from Councilmembers must be routed directly to the City Manager or designee, or to the City Attorney as necessary. Communications between appointed officials and staff can be directed to the staff assigned to the committee or commission. ii. Do not disrupt City staff from their jobs. Officials should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions. iii. Do not publicly criticize an individual employee. Officials should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee's manager. Comments about staff performance should only be made to the City Manager, or the City Attorney as appropriate, through private correspondence or conversation. iv. Do not get involved in certain administrative functions. Officials must not attempt to influence City staff on the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses and permits. v. Limit requests for staff support. Routine secretarial support (e.g., scheduling events for the City Council as a whole, making travel arrangements, creating certificates of recognition, etc.) is provided to all Councilmembers. Requests for additional staff support — even in high-priority or emergency situations — should be made to the City Manager, and/or City Attorney, as appropriate, who are responsible for allocating City resources to maintain a professional, well- run City government. vi. Do not solicit political support from staff. Elected and appointed officials should not solicit any type of political support (e.g., financial contributions, display of posters or lawn signs, name on a support list, etc.) from City staff. City staff may, as private residents with constitutional rights, support political candidates, but all such activities must be conducted away from the workplace and after working hours. 3. Conduct with the Public a) In Public Meetings. i. Be welcoming to speakers and treat them with care. Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice, or disrespect should 69 DRAFT – City of Dublin Code of Ethics and Conduct Page 6 of 11 be evident on the part of individual members toward anyone participating in a public forum. While clarifying questions may be asked, an Official's primary role during public testimony is to listen. ii. Be fair and equitable in allocating public comment time to individual speakers. The Mayor or Chair will announce limits on speakers at the start of the public comment process. After the close of public comment, no more public testimony will be accepted unless the chair reopens the public comment period for a limited and specific purpose, and with the consensus of the City Council, committee, or commission. iii. Maintain an open mind. Members of the public deserve an opportunity to influence the thinking of elected and appointed officials. Expressing an opinion or passing judgment prior to the close of public comment casts doubt on a member's ability to conduct a fair review of the issue, particularly when officials are serving in a quasi-judicial capacity. iv. Ask for clarification, but avoid debate and argument with the public. Questions by Officials to public speakers should seek only to clarify or expand information; it is never appropriate to belligerently challenge or belittle a speaker. Officials' personal opinions or inclinations about upcoming votes should not be revealed until after the public comment period is closed. v. Do not engage in personal attacks of any kind, under any circumstance. Officials should be aware that their body language and tone of voice, as well as the words they use, can appear intimidating or aggressive. b) Outside of Public Meetings. i. Make no promises on behalf of the City Council, committee, commission, or City. Officials will frequently be asked to explain a Council, committee, commission action, or to give their opinion about an issue, as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer constituents to City staff for further information. It is inappropriate to overtly or implicitly promise City Council, committee, or commission action, or to promise that City staff will do something specific. ii. Make no personal comments about other Officials. It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other Officials, their opinions, and their actions. 4. Conduct with Other Public Agencies a) Be clear about representing the governing or advisory body versus personal interests. When representing the City, a committee, or a commission before another public agency, an Official must support and advocate the official body’s position on an issue, not a personal viewpoint. Otherwise, an Official who chooses to comment publicly on a matter must be clear that they are expressing a personal opinion, not an official City, committee, or commission position. When representing another organization whose position differs from the City's, the Official should be clear about which organization they represent and should inform the rest of the City Council (or their committee and commission) of that involvement. A Councilmember representing an outside organization should withdraw from voting on a related item if doing so significantly impacts or is detrimental to the City's interest. b) Correspondence should also be clear about representation. City letterhead may be used when a Councilmember is representing the City and the City's official position. City letterhead should not be used for non-City business, nor for correspondence representing a dissenting point of view from an official Council position. 5. Conduct Between City Council and Appointed Officials 70 DRAFT – City of Dublin Code of Ethics and Conduct Page 7 of 11 a) Limit attendance at committee or commission meetings. Councilmembers should be sensitive to how their participation — especially on behalf of an individual, business, or developer — could be viewed as unfairly affecting the process. Individual Councilmembers should not influence commission and committee members and are discouraged from attending commission and committee meetings. b) Limit contact with committee and commission members to questions of clarification. It is inappropriate for a Councilmember to contact a committee or commission member to lobby on behalf of an individual, business, or developer, and vice versa. c) Remember that committees and commissions serve the community, not individual Councilmembers. Committee and commission members do not report to individual Councilmembers, nor should Councilmembers feel they have the power or right to threaten committee or commission members with removal because of disagreement over an issue. Appointment and re-appointment to a committee or commission should be based on criteria such as expertise, ability to work with staff and the public, and commitment to fulfilling official duties; a committee or commission appointment should not be used as a political “reward.” d) Be respectful of diverse opinions. The primary role of committees and commissions is to represent many points of view in the community and to provide the City Council with advice based on a full spectrum of concerns and perspectives. Councilmembers must be fair and respectful of all residents serving on committees and commissions. e) Keep political support away from public forums. Committee and commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Councilmembers may support committee and commission members who are running for office, but not in an official forum in their capacity as a Councilmember. 6. Conduct with the Media a) Be clear about whether you are expressing an official or personal opinion. In practice, the Mayor is the designated representative of the Council to present and speak on an official City position. However, if an individual Councilmember is contacted by the media, the Councilmember should be clear about whether their comments represent the official City position or a personal viewpoint. b) Never go “off the record.” Most members of the media represent the highest levels of journalistic integrity and ethics and can be trusted to keep their word. However, one bad experience can be difficult to undo. Words that are not said cannot be quoted. D. Compliance and Enforcement This Code expresses standards of ethical conduct expected of members of the City Council, committees, and commissions. Officials themselves have the primary responsibility to ensure that ethical standards are understood and met. The Mayor (or Vice Mayor, as applicable) and the chairs of committees and commissions have the additional responsibility to intervene when actions that appear to violate this Code are brought to their attention. 1. Purpose and General Principle This Section establishes the process for addressing an alleged violation of this Code by an Official. Officials themselves have the primary responsibility to ensure ethical standards are understood and met. Nothing in this Section limits the City's separate legal obligations, or the separate rights of any person, under state law. 71 DRAFT – City of Dublin Code of Ethics and Conduct Page 8 of 11 2. Raising a Concern a) An Official who believes another Official has violated this Code should, where appropriate and safe to do so, raise the concern directly with that Official first. b) A City staff member with a concern about an Official's conduct toward them may report it to the City Manager, or to the City Attorney if the concern involves the City Manager. c) The City Manager's own reporting path for a concern involving a Councilmember follows Section 3(d), below. 3. Formal Complaint a) If informal resolution does not resolve the concern, or is not appropriate, a formal complaint may be submitted in writing to the City Clerk. b) A complaint against a Councilmember must be jointly submitted by at least two members of the City Council, or initiated by the Mayor (or Vice Mayor, if the complaint concerns the Mayor).A complaint against a committee or commission member may be submitted by the Mayor, a Councilmember, the chair of the member's own body, or the City Manager. c) A complaint involving the City Manager should be submitted to the Mayor, or the Vice Mayor if the Mayor is involved, or directly to the City Attorney if the concern involves a majority of the Council or internal reporting would not be effective. d) The City Clerk shall provide the Official named in the complaint ("the Responding Official") with written notice, including a copy of the complaint, within 10 days. 4. Threshold Review Before a full investigation begins, the City Council (for a complaint against a Councilmember) or the Mayor (for a complaint against a committee or commission member) shall determine whether the complaint, if true, would constitute a violation of this Code. A complaint that does not meet this threshold shall be dismissed without further proceedings, and the outcome documented by the City Clerk. This review shall occur at a noticed public meeting if it concerns a Councilmember. 5. Investigation a) If the threshold is met, the matter shall be investigated by an ad hoc committee of Councilmembers (excluding the Responding Official and any complainant), the City Manager, the City Attorney, or an independent investigator, as appropriate and free of conflicts. b) The investigation shall be completed within 90 days and shall result in a written report addressing whether the evidence supports a finding that this Code was violated, and whether a hearing is warranted. 6. Hearing If a hearing is warranted, it shall be scheduled within 30 days of the investigative report, at a noticed public meeting if the Responding Official is a Councilmember. The Responding Official shall receive reasonable advance access to the evidence and a meaningful opportunity to respond and be heard before any determination is made. 7. Findings and Determination A finding that this Code was violated must be based on written findings supported by substantial evidence, and requires a majority vote of the members eligible to vote. The Responding Official shall not vote on their own matter. 72 DRAFT – City of Dublin Code of Ethics and Conduct Page 9 of 11 8. Available Sanctions Upon a sustained finding, the following sanctions are available, calibrated to the severity and nature of the violation: a) For a Councilmember: informal counseling; reprimand; formal censure (statement via a resolution); reassignment or loss of committee, subcommittee, or intergovernmental assignments; restriction of City-funded travel; restriction of direct communication with staff. Because a Councilmember is an elected official, removal from office through this Code is not available; removal can occur only through recall by the voters or, where applicable, through the process described in Government Code § 36513 (forfeiture for unexcused absence). b) For a committee or commission member: counseling, verbal reprimand, or written warning (which may be kept confidential to the extent the law allows); formal censure; suspension; or removal from office, by majority vote of the Council at a noticed public meeting. 9. Non-Retaliation No Official shall retaliate against any person for raising a good-faith concern or participating in a proceeding under this Section. Retaliation is itself a violation of this Code, evaluated under this same procedure. 10. Public Meeting Requirements Nothing in this Section alters the City's obligations under the Ralph M. Brown Act. Initial, informal steps under Section D.2 may remain confidential, but any formal Council determination or sanction concerning a Councilmember must occur at a noticed public meeting, consistent with Government Code § 54957(b)(4), which excludes elected officials from the Act's closed-session personnel exception. 11. Records The City Clerk shall maintain a record of each complaint's disposition, redacted as required by the Public Records Act, sufficient to document that this procedure was followed. E. Implementation As an expression of the standards of conduct expected of its members, this Code of Ethics and Conduct is intended to be self-enforcing. It therefore becomes most effective when Officials are thoroughly familiar with it and embrace its provisions. For this reason, this document shall be included in the regular orientation for newly elected Councilmembers and appointed members of committees and commissions. Members entering office shall sign a statement (Exhibit A) affirming that they have read and understood the City of Dublin Code of Ethics and Conduct as well as other policies related to the position they hold. The City Council can, by consensus, ask to review this Code annually and consider any recommendations for updates. 73 DRAFT – City of Dublin Code of Ethics and Conduct Page 10 of 11 Exhibit A — Model of Excellence Member Statement MODEL OF EXCELLENCE Dublin City Council MEMBER STATEMENT As a member of the Dublin City Council, I agree to uphold the Code of Ethics and Conduct for Elected and Appointed Officials and to conduct myself according to the following model of excellence. I will: ▪ Recognize the worth of individual members and appreciate their individual talents, perspectives, and contributions; ▪ Help create an atmosphere of respect and civility where individual members, City staff, and the public are free to express their ideas and work to their full potential; ▪ Conduct my personal and public affairs with honesty, integrity, fairness, and respect for others; ▪ Respect the dignity and privacy of individuals and organizations; ▪ Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit; ▪ Avoid and discourage conduct which is divisive or harmful to the best interests of Dublin; and ▪ Treat all people with whom I come in contact in the way I wish to be treated. I affirm that I have read and understood the City of Dublin Code of Ethics and Conduct for Elected and Appointed Officials. I also affirm that I have read and understood the City of Dublin’s Rules of the Conduct of Meetings of the City Council, City Council Norms, and the Personal Devices, Personal Accounts, and Messages Policy. Signature Date 74 DRAFT – City of Dublin Code of Ethics and Conduct Page 11 of 11 MODEL OF EXCELLENCE Committees and Commissions MEMBER STATEMENT As a member of a City of Dublin committee or commission, I agree to uphold the Code of Ethics and Conduct for Elected and Appointed Officials and to conduct myself according to the following model of excellence. I will: ▪ Recognize the worth of individual members and appreciate their individual talents, perspectives, and contributions; ▪ Help create an atmosphere of respect and civility where individual members, City staff, and the public are free to express their ideas and work to their full potential; ▪ Conduct my personal and public affairs with honesty, integrity, fairness, and respect for others; ▪ Respect the dignity and privacy of individuals and organizations; ▪ Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit; ▪ Avoid and discourage conduct which is divisive or harmful to the best interests of Dublin; and ▪ Treat all people with whom I come in contact in the way I wish to be treated. I affirm that I have read and understood the City of Dublin Code of Ethics and Conduct for Elected and Appointed Officials. I also affirm that I have read and understood the bylaws for the commission or committee on which I serve. Signature Date 75 DRAFT – City of Dublin Code of Ethics and Conduct Page 1 of 13 Attachment 2 City of Dublin Code of Ethics and Conduct for Elected and Appointed Officials D R A F T SeptemberAugust 2026 76 DRAFT – City of Dublin Code of Ethics and Conduct Page 2 of 13 A. Policy Purpose The Dublin City Council has adopted this Code of Ethics and Conduct for its members, and for the members of the City's committees and commissions, to ensure the integrity of local government and its effective, fair operation. B. Ethics The residents and businesses of Dublin are entitled to a local government that is fair, ethical, and accountable, and that has earned the public's full confidence in its integrity. The effective function of democratic government therefore requires that: ▪ public officials, both elected and appointed, comply with both the letter and the spirit of the laws and policies affecting the operations of government; ▪ public officials be independent, impartial, and fair in their judgment and actions; ▪ public office be used for the public good, not for personal gain; and ▪ public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. 1. Guiding Principles The following principles provide guidance on ethical decision-making for members of the City Council and appointed members of the City's committees and commissions (collectively referred to as “Officials” throughout this document). a) Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Officials will work for the common good of the people of Dublin 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 City Council, committees, and/or commissions. b) Comply with Both the Spirit and the Letter of the Law and City Policy. Officials shall comply with the laws of the United States, the State of California, and the City of Dublin in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the Ralph M. Brown Act; the Political Reform Act; the Dublin Municipal Code; commission and committee bylaws; the City’s Rules of the Conduct of Meetings of the City Council; the City Council Norms; the City’s Personal Devices, Personal Accounts, and Messages Policy; and laws pertaining to conflicts of interest, election campaigns, financial disclosures, and open processes of government. c) Conduct of Officials. The professional and personal conduct of Officials must be above reproach and avoid even the appearance of impropriety. Officials shall refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, committees and commissions, City staff, and/or the public. d) Respect for Process. Officials shall perform their duties in accordance with the processes and rules of order established by the City Council and committees and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions by City staff. e) Conduct of Public Meetings. Officials shall prepare themselves for public issues, listen courteously and attentively to all public discussion before the body, and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings. f) Decisions Based on Merit. Officials shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. 77 DRAFT – City of Dublin Code of Ethics and Conduct Page 3 of 13 g) Communication and Disclosure of Outside Contacts. Officials shall publicly disclose substantive information that is relevant to a matter under consideration by the Council, or by a committee or commission, which they may have received from sources outside of the public decision-making process. When serving in a quasi-judicial capacity, Officials shall disclose the nature and substance of any such ex parte communication before the matter is acted upon, so that other parties have an opportunity to respond; disclosure alone does not disqualify a member from participating unless the member cannot remain impartial. h) Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good, Officials shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest. In accordance with the law, Officials shall disclose investments, interests in real property, sources of income, and gifts, and they shall abstain from participating in deliberations and decision-making where conflicts may exist. i) Gifts and Favors. Officials shall not take any special advantage of services or opportunities for personal gain by virtue of their public office that are not available to the public in general. They shall refrain from accepting any gifts, favors, or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised. j) Confidential Information. Officials shall respect the confidentiality of information concerning the property, personnel, and/or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, and/or other private interests. k) Use of Public Resources. Officials shall not use public resources not available to the public in general, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes. l) Representation of Private Interests. Members of the Council shall not appear on behalf of the private interests of third parties before the Council or any committee, commission, or proceeding of the City, nor shall members of committees and commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. m) Advocacy. Officials shall represent the official policies or positions of the City Council, committee, or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Officials shall explicitly state that they do not represent their body or the City of Dublin, nor shall they allow the inference that they do. Councilmembers and committee and commission members have the right to endorse candidates for all Council seats or other elected offices; it is inappropriate, however, to mention or display endorsements during City Council meetings, committee and commission meetings, or other official City meetings. n) Policy Role of City Councilmembers. Councilmembers shall respect and adhere to the council-manager structure of City government as established under the Dublin Municipal Code and applicable state law. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, committees and commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor impair the ability of staff to implement Council policy decisions. o) Independence of Committees and Commissions. Because of the value of the independent advice of committees and commissions to the public decision-making process, Councilmembers shall refrain from using their position to influence the deliberations or outcomes of committee and commission proceedings. p) Positive Work Environment. Officials shall support the maintenance of a positive and constructive work environment for City employees and for residents and businesses dealing with the City. Officials shall 78 DRAFT – City of Dublin Code of Ethics and Conduct Page 4 of 13 recognize their special role in dealings with City employees so as to in no way create the perception of inappropriate direction to staff. p)q) Commitment to Attendance. Officials recognize that regular attendance at City Council, committee, and commission meetings is essential to fulfilling their duty to represent the Dublin community and to the orderly conduct of the public's business. Officials shall make attendance at scheduled meetings a priority, and where an absence is unavoidable, shall provide timely notice consistent with the City's attendance and excusal procedures. C. Conduct This Section of the Code describes the manner in which Officials should treat one another, City staff, constituents, and others they come into contact with in representing the City of Dublin. 1. Conduct with One Another a) In Public Meetings. i. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow, however, Officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated. ii. Honor the role of the Mayor or Chair in maintaining order. It is the responsibility of the Mayor or Chair to keep the comments of Officials on track during public meetings. Officials should honor efforts by the Mayor or Chair to focus discussion on current agenda items. Disagreement about the Mayor or Chair's actions should be voiced politely and with reason. iii. Avoid personal comments that could offend other Officials. If an Official is personally offended by the remarks of another member, the offended Official should note the actual words used and call for a “point of personal privilege” that asks the other Official to justify or apologize for the language used. The chair will maintain control of this discussion. iv. Demonstrate effective problem-solving approaches. Officials have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community overall. Officials should raise concerns about a specific component and seek amendment before voting against an item as a whole, rather than treating one disagreement as grounds to reject a complex, significant item. b) Outside of Public Meetings. i. Continue respectful behavior in private. The same level of respect and consideration of differing points of view that is expected in public discussions should be maintained in private conversations. ii. Be aware of the insecurity of written notes, voicemail messages, email, and texts. Written notes, voicemail messages, email, texts, and other messages should be treated as potentially public communication, whether or not they are ultimately disclosable under the Public Records Act. 2. Conduct with City Staff Officials are expected to treat all staff as professionals, engaging in clear, honest communication that respects the abilities, experience, and dignity of each individual staff person. 79 DRAFT – City of Dublin Code of Ethics and Conduct Page 5 of 13 a) In Public Meetings. i. Keep questions related to the matter at hand. Lines of questioning during public meetings should be limited to the item(s) being considered and should not be used to evaluate or substantiate an individual staff person’s general knowledge, education, experience, or personal opinion. ii. Treat staff as members of your own team. Officials should attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to Council, committee, or commission meetings. Allowing staff to prepare for a public meeting helps avoid surprises that can be disruptive to the business of the City. iii. Do not engage in personal attacks of any kind, under any circumstance. Officials should be aware, because of the power dynamic of their roles, that their body language and tone of voice, as well as the words they use, can appear intimidating or aggressive to staff members. b) Outside of Public Meetings. i. Direct all communication to the appropriate City staff. All communications (feedback, requests for information, inquiries, etc.) from Councilmembers must be routed directly to the City Manager or designee, or to the City Attorney as necessary. Communications between appointed officials and staff can be directed to the staff assigned to the committee or commission. ii. Do not disrupt City staff from their jobs. Officials should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions. iii. Do not publicly criticize an individual employee. Officials should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee's manager. Comments about staff performance should only be made to the City Manager, or the City Attorney as appropriate, through private correspondence or conversation. iv. Do not get involved in certain administrative functions. Officials must not attempt to influence City staff on the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses and permits. v. Limit requests for staff support. Routine secretarial support (e.g., scheduling events for the City Council as a whole, making travel arrangements, creating certificates of recognition, etc.) is provided to all Councilmembers. Requests for additional staff support — even in high-priority or emergency situations — should be made to the City Manager, and/or City Attorney, as appropriate, who are responsible for allocating City resources to maintain a professional, well-run City government. vi. Do not solicit political support from staff. Elected and appointed officials should not solicit any type of political support (e.g., financial contributions, display of posters or lawn signs, name on a support list, etc.) from City staff. City staff may, as private residents with constitutional rights, support political candidates, but all such activities must be conducted away from the workplace and after working hours. 3. Conduct with the Public a) In Public Meetings. i. Be welcoming to speakers and treat them with care. Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of individual members toward anyone participating in a public forum. While clarifying questions may be asked, an Official's primary role during public testimony is to listen. 80 DRAFT – City of Dublin Code of Ethics and Conduct Page 6 of 13 ii. Be fair and equitable in allocating public comment time to individual speakers. The Mayor or Chair will announce limits on speakers at the start of the public comment process. After the close of public comment, no more public testimony will be accepted unless the chair reopens the public comment period for a limited and specific purpose, and with the consensus of the City Council, committee, or commission. iii. Maintain an open mind. Members of the public deserve an opportunity to influence the thinking of elected and appointed officials. Expressing an opinion or passing judgment prior to the close of public comment casts doubt on a member's ability to conduct a fair review of the issue, particularly when officials are serving in a quasi-judicial capacity. iv. Ask for clarification, but avoid debate and argument with the public. Questions by Officials to public speakers should seek only to clarify or expand information; it is never appropriate to belligerently challenge or belittle a speaker. Officials' personal opinions or inclinations about upcoming votes should not be revealed until after the public comment period is closed. v. Do not engage in personal attacks of any kind, under any circumstance. Officials should be aware that their body language and tone of voice, as well as the words they use, can appear intimidating or aggressive. b) Outside of Public Meetings. i. Make no promises on behalf of the City Council, committee, commission, or City. Officials will frequently be asked to explain a Council, committee, commission action, or to give their opinion about an issue, as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer constituents to City staff for further information. It is inappropriate to overtly or implicitly promise City Council, committee, or commission action, or to promise that City staff will do something specific. ii. Make no personal comments about other Officials. It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other Officials, their opinions, and their actions. 4. Conduct with Other Public Agencies a) Be clear about representing the governing or advisory body versus personal interests. When representing the City, a committee, or a commission before another public agency, an Official must support and advocate the official body’s position on an issue, not a personal viewpoint. Otherwise, an Official who chooses to comment publicly on a matter must be clear that they are expressing a personal opinion, not an official City, committee, or commission position. When representing another organization whose position differs from the City's, the Official should be clear about which organization they represent and should inform the rest of the City Council (or their committee and commission) of that involvement. A Councilmember representing an outside organization should withdraw from voting on a related item if doing so significantly impacts or is detrimental to the City's interest. b) Correspondence should also be clear about representation. City letterhead may be used when a Councilmember is representing the City and the City's official position. City letterhead should not be used for non-City business, nor for correspondence representing a dissenting point of view from an official Council position. 5. Conduct Between City Council and Appointed Officials a) If attendingLimit attendance at a committee or commission meetings., express only personal opinions. Councilmembers may attend any committee or commission meeting, which is always open to the public. 81 DRAFT – City of Dublin Code of Ethics and Conduct Page 7 of 13 However, they should be sensitive to how their participation — especially on behalf of an individual, business, or developer — could be viewed as unfairly affecting the process. Individual Councilmembers should not influence commission and committee members and are discouraged from attending commission and committee meetings.Any public comments by a Councilmember at a committee or commission meeting (or vice versa) should be clearly identified as an individual opinion, not a representation of the feelings of the full body. b)a) c)b) Limit contact with committee and commission members to questions of clarification. It is inappropriate for a Councilmember to contact a committee or commission member to lobby on behalf of an individual, business, or developer, and vice versa. It is acceptable for Councilmembers to contact committee or commission members to clarify a position taken by the committee or commission. d)c) Remember that committees and commissions serve the community, not individual Councilmembers. Committee and commission members do not report to individual Councilmembers, nor should Councilmembers feel they have the power or right to threaten committee or commission members with removal because of disagreement over an issue. Appointment and re-appointment to a committee or commission should be based on criteria such as expertise, ability to work with staff and the public, and commitment to fulfilling official duties; a committee or commission appointment should not be used as a political “reward.” e)d) Be respectful of diverse opinions. The primary role of committees and commissions is to represent many points of view in the community and to provide the City Council with advice based on a full spectrum of concerns and perspectives. Councilmembers must be fair and respectful of all residents serving on committees and commissions. f)e) Keep political support away from public forums. Committee and commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Councilmembers may support committee and commission members who are running for office, but not in an official forum in their capacity as a Councilmember. 6. Conduct with the Media a) Be clear about whether you are expressing an official or personal opinion. In practice, the Mayor is the designated representative of the Council to present and speak on an official City position. However, if an individual Councilmember is contacted by the media, the Councilmember should be clear about whether their comments represent the official City position or a personal viewpoint. b) Never go “off the record.” Most members of the media represent the highest levels of journalistic integrity and ethics and can be trusted to keep their word. However, one bad experience can be difficult to undo. Words that are not said cannot be quoted. D. Compliance and Enforcement This Code expresses standards of ethical conduct expected of members of the City Council, committees, and commissions. Officials themselves have the primary responsibility to ensure that ethical standards are understood and met. The Mayor (or Vice Mayor, as applicable) and the chairs of committees and commissions have the additional responsibility to intervene when actions that appear to violate this Code are brought to their attention.. 1. Purpose and General Principle This Section establishes the process for addressing an alleged violation of this Code by an Official. Officials themselves have the primary responsibility to ensure ethical standards are understood and met. Nothing in this Section limits the City's separate legal obligations, or the separate rights of any person, under state law. 82 DRAFT – City of Dublin Code of Ethics and Conduct Page 8 of 13 2. Raising a Concern a) An Official who believes another Official has violated this Code should, where appropriate and safe to do so, raise the concern directly with that Official first. b) A City staff member with a concern about an Official's conduct toward them may report it to the City Manager, or to the City Attorney if the concern involves the City Manager. c) The City Manager's own reporting path for a concern involving a Councilmember follows Section 3(d), below. 3. Formal Complaint a) If informal resolution does not resolve the concern, or is not appropriate, a formal complaint may be submitted in writing to the City Clerk. b) A complaint against a Councilmember must be jointly submitted by at least two members of the City Council, or initiated by the Mayor (or Vice Mayor, if the complaint concerns the Mayor).A complaint against a committee or commission member may be submitted by the Mayor, a Councilmember, the chair of the member's own body, or the City Manager. c) A complaint involving the City Manager should be submitted to the Mayor, or the Vice Mayor if the Mayor is involved, or directly to the City Attorney if the concern involves a majority of the Council or internal reporting would not be effective. d) The City Clerk shall provide the Official named in the complaint ("the Responding Official") with written notice, including a copy of the complaint, within 10 days. 4. Threshold Review Before a full investigation begins, the City Council (for a complaint against a Councilmember) or the Mayor (for a complaint against a committee or commission member) shall determine whether the complaint, if true, would constitute a violation of this Code. A complaint that does not meet this threshold shall be dismissed without further proceedings, and the outcome documented by the City Clerk. This review shall occur at a noticed public meeting if it concerns a Councilmember. 5. Investigation a) If the threshold is met, the matter shall be investigated by an ad hoc committee of Councilmembers (excluding the Responding Official and any complainant), the City Manager, the City Attorney, or an independent investigator, as appropriate and free of conflicts. b) The investigation shall be completed within 90 days and shall result in a written report addressing whether the evidence supports a finding that this Code was violated, and whether a hearing is warranted. 6. Hearing If a hearing is warranted, it shall be scheduled within 30 days of the investigative report, at a noticed public meeting if the Responding Official is a Councilmember. The Responding Official shall receive reasonable advance access to the evidence and a meaningful opportunity to respond and be heard before any determination is made. 83 DRAFT – City of Dublin Code of Ethics and Conduct Page 9 of 13 7. Findings and Determination A finding that this Code was violated must be based on written findings supported by substantial evidence, and requires a majority vote of the members eligible to vote. The Responding Official shall not vote on their own matter. 8. Available Sanctions Upon a sustained finding, the following sanctions are available, calibrated to the severity and nature of the violation: a) For a Councilmember: informal counseling; reprimand; formal censure (statement via a resolution); reassignment or loss of committee, subcommittee, or intergovernmental assignments; restriction of City-funded travel; restriction of direct communication with staff. Because a Councilmember is an elected official, removal from office through this Code is not available; removal can occur only through recall by the voters or, where applicable, through the process described in Government Code § 36513 (forfeiture for unexcused absence). b) For a committee or commission member: counseling, verbal reprimand, or written warning (which may be kept confidential to the extent the law allows); formal censure; suspension; or removal from office, by majority vote of the Council at a noticed public meeting. 9. Non-Retaliation No Official shall retaliate against any person for raising a good-faith concern or participating in a proceeding under this Section. Retaliation is itself a violation of this Code, evaluated under this same procedure. 10. Public Meeting Requirements Nothing in this Section alters the City's obligations under the Ralph M. Brown Act. Initial, informal steps under Section D.2 may remain confidential, but any formal Council determination or sanction concerning a Councilmember must occur at a noticed public meeting, consistent with Government Code § 54957(b)(4), which excludes elected officials from the Act's closed-session personnel exception. 11. Records The City Clerk shall maintain a record of each complaint's disposition, redacted as required by the Public Records Act, sufficient to document that this procedure was followed. 1. Reporting Procedures a) Councilmember-to-Councilmember Concerns. Officials should point out infractions of this Code to the offending Official directly. If the conduct continues, the matter should be referred privately to the Mayor/Chair. If the Mayor/Chair is the individual whose actions are being challenged, the matter should be referred to the Vice Mayor/Vice Chair. It is the responsibility of the Mayor/Chair (or Vice Mayor/Vice Chair, as applicable) to initiate action if an Official’s behavior may warrant sanction. b) Reporting Conduct Concerns Involving City Staff. A City staff member who believes an Official’s conduct toward them violates this Code may report the concern to the City Manager. The City Manager or City Attorney, as applicable, shall determine appropriate next steps, which may include raising the matter with the Mayor/Chair consistent with Section D.1.a above. c) Reporting Conduct Concerns Involving the City Manager. Because the City Manager serves at the pleasure of the full City Council rather than reporting to any single Councilmember, the City Manager's own reporting path is as follows: 84 DRAFT – City of Dublin Code of Ethics and Conduct Page 10 of 13 i. If the concern involves an individual Councilmember other than the Mayor, the City Manager shall report the concern privately to the Mayor, consistent with Section D.1.a. ii. If the concern involves the Mayor, the City Manager shall report the concern privately to the Vice Mayor. iii. If the concern involves both the Mayor and the Vice Mayor, involves a majority of the City Council, or if the City Manager reasonably believes internal reporting through the Mayor or Vice Mayor would not be effective or appropriate, the City Manager may instead report the concern directly to the City Attorney. The City Attorney shall independently determine appropriate next steps, which may include engaging independent outside counsel or an independent investigator to review the matter and report findings directly to the full City Council. iv. Regardless of the path used, if any, the City Manager may document the concern in writing and request that it be retained by the City Attorney's office. d) Non-Retaliation. No Official shall retaliate, or attempt to retaliate, against another Official, the City Manager, or other City staff member for reporting a good-faith concern under this Section. Retaliation against a person for making such a report is itself a violation of this Code and may result in sanction under Section D.2 below, independent of the outcome of the underlying concern. e) Public Meeting Requirements. Nothing in this Section is intended to alter the City's obligations under the Ralph M. Brown Act or the Public Records Act. A report made under Section D.1.b or Section D.1.c may be handled confidentially in its initial stages, but any formal action by the City Council to sanction a Councilmember generally must be taken at a noticed public meeting. 2. Sanctions c) Councilmember Sanctions. i. Violations of this Code. Depending on the severity and frequency of the conduct at issue, sanctions available to the City Council may include, without limitation: reprimand or formal censure; loss of seniority and/or committee or subcommittee assignments; restriction of official City-funded travel; and restriction of direct communication with certain City staff. A decision to censure requires City Council action at a public meeting. ii. Model of Excellence. Officials who do not sign the Model of Excellence Member Statement (Exhibit A) shall be ineligible for intergovernmental assignments or City Council subcommittees. iii. Ethics Training for Local Officials. Officials who are out of compliance with state- or City- mandated requirements for ethics training — including the training required under Government Code Section 53235 (AB 1234) — shall not represent the City on intergovernmental assignments or City Council subcommittees and may be subject to other sanctions. d) Appointed Official Sanctions. i. For lower-level issues, the Mayor may administer counseling, a verbal reprimand, or a written warning to a committee or commission member who fails to comply with City policy. These lower- level sanctions are kept private to the degree allowed by law. Copies of any written reprimand are distributed to the Chair of the respective committee or commission, the City Clerk, the City Attorney, the City Manager, and the full City Council. Written reprimands are not included in public meeting packets, except as required under the Public Records Act. 85 DRAFT – City of Dublin Code of Ethics and Conduct Page 11 of 13 ii. For more serious conduct, the Mayor or a majority of the Council may call for a formal investigation, which the City Manager and/or City Attorney may be asked to conduct or have conducted. Investigation findings are reported to the full City Council as “Information Only” on the agenda of a noticed public meeting, subject to any redactions required to protect privacy interests under the Public Records Act. The Council then determines the next appropriate action at a noticed public hearing. Options other than “take no further action” must go through this public hearing process. The Council may impose sanctions up to and including removal from office, decided by a majority vote of at least a quorum of the Council at a noticed public meeting. Any such disciplinary vote must be preceded by a formal report to the Council with supporting documentation. Nothing in this policy shall limit the City Council’s inherent authority to remove an appointee for any or no reason. E. Implementation As an expression of the standards of conduct expected of its members, this Code of Ethics and Conduct is intended to be self-enforcing. It therefore becomes most effective when Officials are thoroughly familiar with it and embrace its provisions. For this reason, this document shall be included in the regular orientation for newly elected Councilmembers and appointed members of committees and commissions. Members entering office shall sign a statement (Exhibit A) affirming that they have read and understood the City of Dublin Code of Ethics and Conduct as well as other policies related to the position they hold. . The City Council can, by consensus, ask to review this Code annually and consider any recommendations for updates. 86 DRAFT – City of Dublin Code of Ethics and Conduct Page 12 of 13 Exhibit A — Model of Excellence Member Statement MODEL OF EXCELLENCE Dublin City Council, Committees, and Commissions MEMBER STATEMENT As a member of the Dublin City Council or of a City of Dublin committee or commission, I agree to uphold the Code of Ethics and Conduct for Elected and Appointed Officials and to conduct myself according to the following model of excellence. I will: ▪ Recognize the worth of individual members and appreciate their individual talents, perspectives, and contributions; ▪ Help create an atmosphere of respect and civility where individual members, City staff, and the public are free to express their ideas and work to their full potential; ▪ Conduct my personal and public affairs with honesty, integrity, fairness, and respect for others; ▪ Respect the dignity and privacy of individuals and organizations; ▪ Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit; ▪ Avoid and discourage conduct which is divisive or harmful to the best interests of Dublin; and ▪ Treat all people with whom I come in contact in the way I wish to be treated. I affirm that I have read and understood the City of Dublin Code of Ethics and Conduct for Elected and Appointed Officials. I also affirm that I have read and understood the City of Dublin’s Rules of the Conduct of Meetings of the City Council, City Council Norms, and the Personal Devices, Personal Accounts, and Messages Policy. Signature Date 87 DRAFT – City of Dublin Code of Ethics and Conduct Page 13 of 13 MODEL OF EXCELLENCE Committees and Commissions MEMBER STATEMENT As a member of a City of Dublin committee or commission, I agree to uphold the Code of Ethics and Conduct for Elected and Appointed Officials and to conduct myself according to the following model of excellence. I will: ▪ Recognize the worth of individual members and appreciate their individual talents, perspectives, and contributions; ▪ Help create an atmosphere of respect and civility where individual members, City staff, and the public are free to express their ideas and work to their full potential; ▪ Conduct my personal and public affairs with honesty, integrity, fairness, and respect for others; ▪ Respect the dignity and privacy of individuals and organizations; ▪ Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit; ▪ Avoid and discourage conduct which is divisive or harmful to the best interests of Dublin; and ▪ Treat all people with whom I come in contact in the way I wish to be treated. I affirm that I have read and understood the City of Dublin Code of Ethics and Conduct for Elected and Appointed Officials. I also affirm that I have read and understood the bylaws for the commission or committee on which I serve. Signature Date 88 Agenda Item 8.3 STAFF REPORT CITY COUNCIL Page 1 of 3 DATE: August 18, 2026 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Draft Code of Ethics and Conduct for Elected and Appointed Officials Prepared by: Colleen Tribby, City Manager EXECUTIVE SUMMARY: The City Council will review and provide feedback on a draft Code of Ethics and Conduct for Elected and Appointed Officials (Attachment 1). If so directed by the City Council, Staff will incorporate the Council's feedback and return with a final version for formal adoption by resolution at a future meeting. STAFF RECOMMENDATION: Receive the draft Code of Ethics and Conduct, and direct Staff to return with the final version for consideration and adoption at a future meeting. FINANCIAL IMPACT: None. DESCRIPTION: Background At the May 5, 2026, meeting, the City Council adopted a resolution approving an update to the City Council Norms. During the discussion, the City Council directed Staff to bring back a code of ethics for consideration. A code of ethics, also called a code of conduct, is a governance document that describes the standards of behavior a local agency expects of its elected and appointed officials: how they treat one another, staff, and the public; how they handle conflicts of interest, gifts, and confidential information; and how the agency responds if a concern about an official's conduct is raised. It is meant to be a practical, day-to-day reference, separate from the legal requirements already imposed on public officials by state law such as the Political Reform Act Attachment 3 89 Page 2 of 3 and the Ralph M. Brown Act, or an agency’s conflict-of-interest code, all of which continue to apply independently. The City of Dublin has never adopted a standalone Code of Ethics and Conduct for the City Council or for the City’s committees and commissions. Thus far, it has relied on the relatively simple list of City Council Norms to provide a general framework for conducting business in a positive, transparent, and respectful manner. The committees and commissions have only Bylaws and Rules of Procedure. Draft Code of Ethics and Conduct (Attachment 1) In preparing the draft Code of Ethics and Conduct for Dublin , Staff researched such policies of a representative sample of California cities, including Alameda, Sunnyvale, San José, Santa Clara, Belmont, Carlsbad, Irvine, Mountain View, Oceanside, Riverside, Santa Cruz, Torrance, Ventura, and West Hollywood, among others. Two consistent findings from that research shaped this draft:  Most California cities with a code of this kind extend it beyond the City Council to cover members of committees and commissions as well — not the City Council alone. Dublin’s draft follows that more common approach.  Codes vary widely in depth, from short, values-based statements to detailed, procedural documents with a defined enforcement process. Alameda’s and Sunnyvale’s codes were the most comprehensive examples found, and this draft is modeled primarily on those two, adapted to reflect Dublin's council-manager structure and its own committees and commissions. Key Provisions The draft Code of Ethics and Conduct is organized into the following parts:  Ethics — 16 guiding principles covering the public interest, legal compliance, conflicts of interest, gifts, confidentiality, use of public resources, and the Council’s policy role under the council-manager structure.  Conduct — specific, practical guidance on how Officials should interact with one another, Staff, the public, other agencies, and the media, both during public meetings and outside of them.  Compliance and Enforcement — a defined, escalating process for addressing conduct concerns, along with sanctions available for more serious or repeated issues.  Implementation — the Code is intended to be self-enforcing, introduced during orientation for new Councilmembers and committee/commission members, who would sign a “Model of Excellence” statement affirming they have read and understood it. Next Steps This item is presented tonight for discussion only. Based on the City Council’s feedback, Staff will refine the draft and return with a final version and a resolution for adoption at a future meeting. 90 Page 3 of 3 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Draft Code of Ethics and Conduct for Elected and Appointed Officials 91