On March 16, 2010 the Hesperia City Council adopted a Procedures Manual for Council Members and Staff. It defines the roles and conduct of council members and staff. Download it from the City of Hesperia website at http://www.cityofhesperia.us/index.aspx?nid=133
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These are selected sections from the Procedures manual that may have been violated by Mayor Smith and his Yes on Prop 23 "press conference" at Hesperia City Hall.
POLITICAL REFORM ACT
The Political Reform Act states that public officials shall perform their duties in an impartial manner, free from bias caused by their own financial interest or the financial interests of persons who have supported them. The Political Reform Act establishes regulations regarding Conflicts of Interests and Campaign Receipts and Expenditures. (See Gov. Code Sections 87100-87350.)
E. USE OF PUBLIC PROPERTY
City stationery, technology and/or staff support shall not be used for personal or campaign purposes. Council Member use of the City telephone and computer systems is subject to all City guidelines concerning use of such systems.
3. Conduct with City Manager and Staff City Council Members shall:
-speak to the City Manager directly on issues and concerns;
-not direct staff to initiate any action, change a course of action, or prepare any report that is significant in nature or initiate any project or study without the approval of a majority of the City Council;
-direct the City Manager to implement City Council’s policy decisions through the administrative functions of the City;
-treat staff professionally and refrain from publicly criticizing individual employees;
-avoid involvement in personnel issues except during City Council Closed sessions regarding City Council appointed staff such as City Manager and City Attorney, including hiring, firing, promoting, disciplining and other personnel matters;
-discuss directly with the City Manager privately, as appropriate, any displeasure over work or behavior with a department or staff;
-request information or research on a given topic from the City Manager for response (responses will be copied to all Council Members);
-request answers to questions on City Council agenda items from the City Manager, City Attorney, City Clerk, or department directors / division managers prior to the meeting whenever possible; and
-present citizen complaints to the City Manager so the complaint and request for information can be disseminated to staff for appropriate action.
4. Conduct with the Public City Council Members shall:
-make the public feel welcome;
-be impartial, respectful and without prejudice toward the public;
- listen courteously and attentively to public comment;
- not argue back and forth with members of the public;
-represent official policies or positions of the City Council first;
-explicitly state when their opinions and positions do not represent the City Council when representing their individual opinions and positions; and make no promises to the public on behalf of the Council.
B. CITY STAFF
Staff will remain objective on issues and should not be advocates for issues unless so directed by the legislative body.
As soon as possible, to the extent permitted by the Brown Act, the City Manager and staff will inform the City Council of controversial issues having significant impacts to the City that are coming before the legislative body on short notice.
The City Manager will advise management staff of potentially political or controversial issues coming before the legislative body and direct staff to be present and appropriately prepared.
Staff will not participate in political activities while on duty or on City property.
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