Conflict of Interest
The Political Reform Act was enacted by the people of the State of California by an initiative, known as Proposition 9, in 1974. One of the Act’s main purposes is to prevent financial conflicts of interest on the part of public officials.
Commission members are subject to the conflict of interest provisions of the law, which are designed to protect the public from biased decisions. Consequently, Commissiners must
- File the Fair Political Practices Commission’s (FPPC) Form 700 Statement of Economic Interests within 30 days of taking the oath of office.
- File an annual Form 700.
- File a Form 700 when leaving office.
- This form is available from the City Clerk.
As required by the Political Reform Act, the City has also adopted its own Conflict of Interest Code that Commissioners are subject to. Click here to open the City of Saratoga Conflict of Interest Code, which describes the nature of interests that may create a conflict.
For more about Form 700 and the Political Reform Act, click here.
Saratoga Code of Ethics and Values
The City Council has adopted a Code of Ethics and Values stating that the proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to the people they serve.The Code of Ethics and Values promotes and maintains the highest standards of personal and professional conduct in the City's government.
- All elected and appointed officials, City employees, volunteers, and others who participate in the city's government are required to subscribe to this Code, understand how it applies to their specific responsibilities, and practice its nine core values in their work.
- The Code applies to all Commissioners.
Attending Meetings
Each Commissioner must regularly attend meetings of the Commission of which he or she is a member.
- If a Commissioner is absent without permission for three consecutive regular Commission meetings, the Commissioner’s position becomes vacant and is filled as any other vacancy.
- Commissioners should work closely with the Chair of the Commission to be sure the Chair is aware of any necessary absences well in advance.
Resignation
Members wishing to resign from their Commission prior to the expiration of their term should submit a brief letter to the City stating their intention and the effective date of the resignation. The letter should be addressed to the Mayor and Councilmembers in care of the City Clerk.
Removal
All Commissioners serve at the pleasure of the City Council. The City Council may remove any Commissioner from office prior to the expiration of the Commissioner’s term by a majority vote.
Use of Title or City Resources
Like all city officials, Commissioners may not use their official title or City equipment for non-City business.
Expression of Opinions
When a Commission member addresses the City Council, another Commission, or the public, the Commissioner should make it clear whether he or she is speaking on behalf of the Commission or as an individual citizen.
Individual members of Commissions may not represent that their personal opinions or recommendations are those of the Commission unless the Commission has voted to approve such views and authorized the individual to speak on the Commission’s behalf. Commissioners expressing views not formally approved by the majority of a Commission should clearly state that their opinions are being expressed as a “private citizen.”
Participation in Political Activities
Acceptance of an appointment to a Commission does not generally restrict individual citizen participation in political activities of the individual’s choosing at any level of government, be it local, state, or federal. Commission members may not, however, use their appointed office, title, or City resources in the conduct of such activity. State law provides that City Councilmembers, Commissioners, and employees may not:
- Use their office, authority or influence to obtain a change in position or compensation in exchange for a particular vote or political action by the official or employee. This includes urging or discouraging an individual employee to engage in specific action. (Government Code ' 3204.)
- Directly or indirectly solicit political funds or contributions from other officers or employees of the local agency unless the communication is made to a significant segment of the public which may include officers and employees of the local agency. (Government Code ' 3205.)
- Directly or indirectly offer to increase the compensation or salary of another in exchange for a contribution or loan to any committee controlled directly or indirectly by the person who holds or is seeking election to an office. (Government Code ' 3205.5.)
- Participate in political activities of any kind while in uniform. (Governemnt Code ' 3206.)
Compensation
Commissioners do not receive compensation or benefits of any kind, except for Planning Commissioners who receive a stipend of $150.00 per month.
Commission Budget
All operational expenses and any revenues of Commissions must be approved in advance by the City Council. Appropriations and revenue sources for the City Council and other City programs, including Commissions, are shown in the City's budget.
Reimbursement
Actual and necessary expenditures incurred by Commissioners while engaged on official Commission business authorized by the City budget may be reimbursed in accordance with the City’s policies on reimbursement of business expenses (click here to view a copy), provided such expenditures have been previously approved by the director of the City Department responsible for staffing the Commission.