Santa Clara committee reviews overhaul of city ethics policies, debates censure process and staff-contact rules

An outside consultant presented proposed revisions to Santa Clara's ethics policies and training during a Governance and Ethics Committee meeting, prompting debate over how council members may contact staff, when the council should refer alleged criminal or Political Reform Act violations to outside authorities, and whether to establish an independent ethics commission.

The consultant, Maureen Jacobson of LCW (Lieber Cassidy Whitmore), told the committee the draft code of ethics and values would require elected officials to "conduct their official and private affairs so as not to give a reasonable basis for the impression that any such official can be improperly influenced in the performance of their public duties." Jacobson said she also recommends that each elected official sign an acknowledgement that they have read and will abide by the code.

The revisions presented include: a replacement city code of ethics and values with expanded guidance on relations between council members and staff; an updated admonition-and-censure policy that defines admonitions and censures and proposes a multistep procedure for investigation and council action; a suggested ad hoc committee to investigate allegations; a modest change to ordinance chapter 2.145 to add the vice mayor to the definition of "city official"; and recommendations to update AB 1234-required ethics training and consider annual refreshers during a transition period.

Why it matters: The committee's choices will determine how quickly the city refers potential criminal or campaign-law violations to prosecutors or the FPPC, how the council polices its own members, and whether the city creates a permanent independent ethics commission in a later phase. Committee members repeatedly warned that poor drafting could…