CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Waive the first reading and pass the ordinance amending Sections 1-5-6-2 and 2-1-13 of the Naperville Municipal Code regarding Conduct of Members provisions for City Council and Board and Commission members (requires six positive votes)
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DEPARTMENT: City Manager’s Office
SUBMITTED BY: Marcie Schatz, Deputy City Manager
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
At its May 17, 2022 meeting, as part of the discussion regarding Board and Commission appointments, the City Council directed staff to bring back code of conduct provisions for consideration.
DISCUSSION:
To develop the proposed ordinance, staff researched benchmark communities and reviewed provisions in the City’s existing codebook.
For benchmark communities, Code of Conduct is addressed through a variety of policies including ethics, social media, and standalone conduct codes.
The existing Naperville Municipal Code has a “Conduct of Members” section for the City Council which includes key provisions related to ethics, demonstrating respect for one another, staff and the public, and serving for the benefit of the City and not for personal gain.
The Board and Commission section of the Code is silent to conduct of members except for an ethics provision.
Boards and Commissions
The proposed ordinance mirrors and adds existing provisions 1-5 (listed below) from the City Council Conduct of Members section to the Board and Commission section. These provisions include:
1. Prohibition of using the position to promote private enterprise
2. Ethics (revised language as pertinent to Board/Commission members)
3. Compliance with workplace safety, harassment and respectful workplace policies
4. Demonstrating respect for one another, staff and the public
5. Performing duties for the benefit of the community
City Council and Boards and Commissions
The proposed ordinance also adds the following provisions applicable to both City Council and Board/Commission members:
1. Members should conduct themselves in a manner that will preserve public confidence in, and respect for, the government they represent and refrain from actions or words that compromise the integrity and reputation of the city.
2. Members may choose to post and/or comment on various social media sites using their personal accounts. In these instances, it is recommended that the content and tenor of online comments and information posts should model the same decorum displayed during City Council meetings.
3. Members shall maintain confidentiality of privileged information and not knowingly disclose confidential information.
4. Members making statements about City business should clarify that they are speaking for themselves and not on behalf of the City Council, Board or Commission. If Board and Commission members are using their title, they should also make this clarification on statements about non-City business.
Process Changes
Upon Council approval, the new Conduct of Members section will be added to the Board and Commission online application. Applicants will be required to read the Code section and affirm that they are aware of the requirements and the potential for removal for non-compliance. This format is consistent with the presentation of attendance requirements on the application today. Also, the new Code section will be sent to all current Board and Commission members and included as a topic in future formal City Council and Board and Commission orientations.
FISCAL IMPACT:
N/A