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CC - Item 4A - Approval of Employment Agreement for City Manager ServicesROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: Rachel Richman, City Attorney DATE: April 12, 2016 SUBJECT: APPROVAL OF EMPLOYMENT AGREEMENT FOR CITY MANAGER SERVICES SUMMARY The City Council conducted a statewide recruitment for a City Manager to replace the incumbent City Manager who is retiring from the City of Rosemead on April 28, 2016. The City received over 50 applications for the position. The City Council was then presented with several applications from the recruiting firm hired to conduct the recruitment process based on the parameters the Council desired, thereafter, the City Council interviewed several candidates. Based on his qualified experience, the City Council made an offer to Bill Manis who accepted the offer, subject to City Council approval of an employment agreement. Staff Recommendation That the City Council approve the Employment Agreement with Bill Manis, and authorize the Mayor to execute the Agreement. Public Notice Process This item has been noticed through the regular agenda notification process. ITEM NO, 4.A CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND BILL R. MANIS This Employment Agreement (the "Agreement ") is made and entered into effective April 11, 2016 by and between the City of Rosemead, California, a municipal corporation (the "City ") and Bill R. Manis, an individual (the "City Manager "). The City and the City Manager are sometimes individually referred to as a "Party" and collectively as "Parties." 1. RECITALS (a) The City requires the services of a City Manager. (b) The City Manager has the necessary education, experience, skills and expertise to serve as the City's City Manager. (c) The City Council of the City desires to employ the City Manager to serve as the City Manager of City. (d) The City Council of the City desires to provide certain benefits, establish certain conditions of employment and to set working conditions of City Manager. (e) The City Manager desires to accept at -will employment as City Manager of City. (f) In consideration of these Recitals and the performance by the Parties of the promises, covenants, and conditions herein contained, the Parties agree as provided in this Agreement. � Vj taKII 1/ The City hereby employs the City Manager as its City Manager, and the City Manager hereby accepts such employment. (a) Period of Employment (i) Employee shall, following the assumption of the office of City Manager on April 25, 2016, remain as an exclusive employee of the City for an indefinite term subject to the provisions contained in this Agreement and the Rosemead Municipal Code concerning separation from service. Employee agrees not to accept, nor to become employed by any other employer until said termination date, unless said termination date is effected as hereinafter provided. (b) Medical Exam/Fitness For Duty Prior to assuming the office of City Manager on April 25, 2016, the City Manager shall successfully complete a medical /fitness for duty exam, the cost of which will be paid for by the City. 3. COMPENSATION The City agrees to provide the following compensation to the City Manager during the term of the Agreement: (a) Compensation (i) Base Salary (1) The annual salary for the position of City Manager shall initially be $190,000.00. (2) The City Manager shall be paid at the same intervals and in the same manner as regular City employees. (3) Whenever a cost of living adjustment or other nonmerit based pay increase is provided to other City employees, the City Council shall meet to determine whether it is reasonable and appropriate to provide a similar adjustment or increase to City Manager's Base Salary. In the event such a cost of living adjustment or other non- merit based pay increase is provided to other City employees, it shall be the City Manager's responsibility to coordinate with the Mayor to place the consideration of a similar adjustment or increase on the agenda of a regular City Council meeting. (ii) Performance Evaluation The City Council will review and evaluate the performance of the City Manager on an annual basis or more frequently if the Council so desires. Failure of the City Council to provide a performance evaluation shall not limit the City's ability to terminate this Agreement pursuant to the terms set forth herein. Review and evaluation shall be in accordance with such criteria as the parties may jointly agree upon, but which the parties contemplate will include mutually agreed upon performance goals for the City Manager and City Council goals, priorities, activities and programs for the City. 2 (b) Bonding The City shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance. (c) Benefits To the extent benefits are not specifically addressed in the Agreement, the City Manager shall receive the benefits set forth and attached hereto as Exhibit A, the City of Rosemead Benefits Summary - Management Service Unit, which may be modified from time to time at the discretion of the City Council. In the event there are amendments to the Management Service Group's Benefits made by the City Council, it shall be the City Manager's responsibility to coordinate with the Mayor to place the consideration of a similar adjustment or increase on the agenda of a regular City Council meeting. (d) Car Allowance City Manager is entitled to a $600 monthly car allowance or use of a City vehicle. (e) Vacation and Sick Leave Accrual (i) City Manager shall start employment with a bank of 80 hours of vacation and thereafter accrue vacation at a rate of 160 hours per year or 6.15 hours per pay period. (ii) City Manager shall start employment with a one -time bank of 80 hours of sick leave at the start of employment. (f) Professional Activities and Conferences. The City Council desires the City Manager to be reasonably active in professional organizations that will contribute to the City Manager's professional development and standing and that will contribute to the advancement of the City's interests and standing. To that end the City Council will pay for the membership in and attendance of conferences for the following organizations ICMA, ICSC, CALED, California League of Cities. City Manager may request additional memberships and attendance subject to approval by the City Council. (g) Reimbursement The City shall reimburse the City Manager for reasonable and necessary travel costs, subsistence and other business expenses incurred by the City Manager in the performance of his duties including attendance at conferences. (h) Resignation/Retirement The City Manager may resign at any time and agrees to give the City at least 45 days advance written notice of the effective date of the City Manager's resignation, unless the Parties otherwise agree in writing. (i) Termination & Removal (i) The City Manager is an at -will employee and serves at the pleasure of the City Council. Nothing in this agreement shall prevent the City Council from terminating this Agreement and the services of the City Manager at its sole discretion. (ii) Except as is provided in section 4(b)(iii) below, the City Council may remove the City Manager at any time, with or without cause, by a majority vote of its members. Notice of termination shall be provided to the City Manager in writing. (iii) In accordance with section 2.08.050 of the City of Rosemead Municipal Code, as may be modified from time to time, the City Manager shall not be removed from office during or within a period of ninety (90) days next succeeding any general municipal election held in the City at which election a member of the City Council is elected; the purpose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of his or her office. (iv) Given the at -will nature of the position of City Manager, an important element of the employment agreement pertains to termination. It is in both the City's interest and that of the City Manager that any separation of the City Manager is done in a businesslike manner. 0) Severance Pay (i) In the event the City Manager is terminated by the City Council without cause during such time that the City Manager is willing and able to perform the City Manager's duties under this Agreement, then in that event the City agrees to continue to compensate the City Manager at his then current rate of pay, as severance pay, for a total of six months, including all benefits and accrued leaves. (ii) In exchange for the Severance Pay, the City Manager hereby expressly waives any right be may have under any applicable law, City policy, or otherwise to appeal or grieve his termination and the terms of the Agreement. (iii) The above severance provisions are intended to comply with the 0 provisions of Government Code section 53260 et. seq. Any severance payment under this Agreement is also subject to the forfeiture or repayment provision of Government Code section 53243 et. seq. (k) Separation for Cause (i) Notwithstanding the provisions of Section 4(c), the City Manager may be terminated for cause. As used in this section, "cause" shall include but not be limited to the following: theft or attempted theft; dishonesty; willful or persistent material breach of City Manager's duties; repeated and protracted unexcused absences from the City Manager's office; engaging in unlawful discrimination or harassment of employees or any third parry while on City premises or time; conviction of a felony; and engaging in conduct tending to bring embarrassment or disrepute to the City. (ii) In the event the City terminates the City Manager for cause, except as set forth in section 4(b)(iii) above, the City may terminate this Agreement immediately, and the City Manager shall be entitled to only the compensation accrued up to the date of termination, payments required by Section 4(e) below, and such other termination benefits and payments as may be required by law. In this circumstance, the City Manager shall not be entitled to any severance benefits provided by Section 4(c). (1) Payment for Unused Leave Balance (i) On separation from City employment, the City Manager shall be paid for all unused accrued leave allowances provided in Exhibit A, in accordance with City policy or as required by law. (ii) In the event the City Manager dies while employed by the City under this Agreement, the City Manager's beneficiaries or those entitled to the City Manager's estate shall be entitled to the City Manager's earned salary and any in -lieu payments for accrued benefits, including compensation for the value of all accrued leave balances provided in Exhibit A, in accordance with City policy or as required by law. (iii) Notwithstanding the above, sick leave balance will be forfeited and will not be paid out at the termination (voluntary /involuntarily) of employment. 4. DUTIES AND RESPONSIBILITIES (a) Duties & Authority (i) The City Manager shall be the chief executive officer of the City and be responsible to the City Council for the proper administration of all affairs of the City. The City Manager shall also serve as the chief executive officer of the Rosemead Community Development Commission, the Successor Agency to the Rosemead Community Development Commission, the Rosemead Housing Development Corporation and the Rosemead Housing Authority, unless the boards of such entities shall select other personnel for such duties. City Manager agrees that the salary and benefits provided pursuant to this Agreement represents the full compensation to be paid to City Manager for performance of all duties as the City's City Manager, as well as for performance of all duties required of the chief executive officer of the above identified entities. (ii) The City Manager shall perform all of the duties of the City Manager as set forth in Section 2.08 of the Rosemead Municipal Code and as may be modified from time to time, the California Government Code, and City policies and procedures approved by the City Council, as may be provided from time to time. (b) ICMA Code of Ethics (i) The Parties acknowledge that the City Manager is a member of the International City Management Association ( "ICMA "). The Parties mutually desire that the City Manager be subject to and comply with the ICMA Code of Ethics (Exhibit B). (ii) The City Manager commits to comply with the ICMA Code of Ethics. 5. MISCELLANEOUS PROVISIONS (a) Amendments This Agreement may be amended at any time by mutual agreement of the City and the City Manager. Any amendments are to be negotiated, put in writing, and adopted by the City Council. (b) Conflict of Interest (i) The City Manager shall not engage in any business or transaction or shall have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business, personal, or political associations. This section shall not serve to prohibit independent acts or other forms of enterprise during those hours not covered by active City employment, providing such acts do not constitute a conflict of interest as defined herein. (ii) The City Manager shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to the City Manager's City employment. (iii) The City Manager is responsible for submitting to the City Clerk the appropriate Conflict of Interest Statements at the time of appointment, annually thereafter, and at the time of separation from the position. (c) Proprietary Information "Proprietary Information" is all information and any idea pertaining in any manner to the business of City (or any City affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of City in the course of his or her employment or otherwise produced or acquired by or on behalf of City. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know -how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of City's organization, and all Proprietary Information so known only through improper means, shall be deemed "Confidential Information." During his employment by City, City Manager shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of City and as is or may be necessary to perform his job responsibilities under this Agreement. Following termination, City Manager shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of City. City Manager's obligations under this Section shall survive the termination of his employment and the expiration of this Agreement. (d) Indemnification Subject to, in accordance with, and to the extent provided by the California Tort Claims Act [Government Code Section 810 et seq.], the City will indemnify, defend, and hold the City Manager harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission occurring during City Manager's tenure as City Manager. (e) Severability If any clause, sentence, part, section, or portion of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void or unenforceable, such clause, sentence, part, section, or portion so found shall be regarded as though it were not part of this Agreement and the remaining parts of this Agreement shall be fully binding and enforceable by the Parties hereto. (f) Laws Affecting Title In addition to those laws affecting a City Manager, the City Manager shall have the same powers, rights and responsibilities as a Chief Executive Officer, City Administrative Officer, Administrator, and /or City Administrator as those terms are used in local, state or federal laws. (g) Jurisdiction and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, and the Parties agree that venue shall be proper only in Los Angeles County, State of California. (h) Inter ration This Agreement is intended to be the final, complete, and exclusive statement of the terms of the City Manager's employment by City. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of City Manager, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. This Agreement represents the entire agreement of the Parties, and no representations have been made or relied upon except as set forth herein. (i) Notice All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to City at the address below, and or at the last known address maintained in the City Manager's personnel file. City Manager agrees to notify City in writing of any change in his address during his employment with City. Notice of change of address shall be effective only when accomplished in accordance with this Section. (1) If to the City: Rosemead City Hall 8838 East Valley Boulevard Rosemead, CA 91770 ATTN: Mayor & City Council (2) If to the City Manager: Bill R. Manis [Address on file at City Hall] 0) Assignment City Manager shall not assign any rights or obligations under this Agreement. City may, upon prior written notice to City Manager, assign its rights and obligations hereunder. (k) Attorney's Fees In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. (1) Interpretation This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any Party. By way of example and not in limitation, this Agreement shall not be construed in favor of the Parry receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the City Council and City Manager and by no other means. Each Party waives their future right to claim, contest or assert that this Agreement was modified, cancelled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. (m) Acknowledgment City Manager acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement. [signatures on following page] IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date first indicated above. City CITY OF ROSEMEAD A Municipal Corporation C Sandra Armenta Mayor ATTEST: By: Carol Cowley Interim City Clerk APPROVED AS TO FORM: By: Rachel H. Richman City Attorney City Manager Bill R. Manis An Individual Bill R. Manis 10 4 CITY OF ROSEMEAD 134, &YAWAPi rill NITA4kv,14011110 U111� RETIREMENT MEMBERSHIP ➢ Membership in the California Public Employees' Retirement System (CaIPERS). ➢ Participates in Social Security system. Classic CAPERS Members: ➢ 2% @ 55 formula ➢ Single highest year calculation ➢ Employee to pay 7% employee's contribution towards CalPERS by January 1, 2018. Starting July 1, 2014 the City implemented a 2% payroll deduction for the employee contribution rate over the next 4 years. In consideration of the employee payroll deduction, employees will receive a 2% increase in pay each fiscal year until the 7% payroll deduction is offset. Non - Classic CaIPERS Members: ➢ 2% @ 62 formula ➢ Highest average annual pensionable compensation during a period of at least 36 months ➢ Must pay 50% of total normal cost as employee contribution rate ➢ 6.25% employee share towards CAPERS EXHIBIT A ADMINISTRATIVE LEAVE ➢ Allocated an allotment of 80 hours per year ➢ Any unused hours will be forfeited by December 31 of the calendar year ➢ Limited to no more than one (1) day /shift intervals /increments ➢ Cannot supplant /combine with vacation leave. Only exception will be from Christmas to New Year's Day when non - essential City services and facilities will be closed. HOLIDAYS — (9 Days) New Year's Day Labor Day Martin Luther King Jr. Veteran's Day Presidents Day Thanksgiving Day Memorial Day Christmas Day Independence Day FLOATING HOLIDAYS ➢ 2 days (20 hours) of floating holidays per calendar year ➢ Any unused hours will be forfeited by the end of the calendar year HEALTH, DENTAL & VISION PLANS ➢ Benefit allowance of $1,700 per month to be used towards employee, spouse, and dependents ➢ CaIPERS Medical Plans ➢ Ameritas Dental Plan ➢ VSP Vision Plan ➢ Any unused balance can be put into a deferred compensation plan or taken as a taxable cash disbursement TELECOMMUNICATIONS ➢ One -time reimbursement amount of no more than $300 every other calendar year for equipment. ➢ Receipts must be submitted to be eligible for this reimbursement. ➢ Reimbursement of up to $150 per month for applicable technology costs such as a voice and data plan. Receipts must be submitted to be eligible for this reimbursement. SICK LEAVE ➢ Accruable —10 hours per month ➢ Employees may begin taking accrued sick leave after 30 days of employment ➢ 120 hours paid sick leave per year ➢ New Employees may transfer up to 200 hours of uncompensated sick leave from previous employer ➢ Any unused hours will be forfeited and will not be paid upon termination (voluntary /involuntary) ➢ Accumulated unused sick leave hours may be added as service credit upon retirement VACATION ➢ Employees may begin taking accrued vacation after 6 months ➢ 100 — 160 hours of annual vacation accrual, depending on years of service �Yea�s ofl5erulce , _ Hours�er„Year .: Up to year 1 100 1 -13 140 13+ 160 ➢ Once per calendar year, City may buyback up to 40 hours (1 week) of accumulated unused vacation time BEREAVEMENT LEAVE Employees entitled to 4 paid days off per incident in the event of the death of an immediate family member JURY LEAVE Jury service fees must be provided to the Finance Department to be compensated up to 80 -hours BILINGUAL PAY Eligible and qualifying Employees shall receive a bilingual stipend of $75 per month for one of the following recognized languages: Cantonese, Mandarin, Spanish, or Vietnamese. LIFE & ACCIDENTAL DEATH & DISMEMBERMENT INS. $100,000 SHORT TERM DISABILITY (STD) ➢ 66.67% of base salary with 15 -day waiting period ➢ Maximum disability benefit amount up to $1,848 per week until medically able to return to work, or begin utilizing LTD, or until the age of 65 LONG TERM DISABILITY (LTD) ➢ 66.67% of base salary with 90 -day waiting period ➢ Maximum disability benefit amount up to $8,000 per month until medically able to return to work or until the age of 65 DEFERRED COMPENSATION- 457 PLAN Income may be deferred through the ICMA -RC, 457 Deferred Compensation Plan which allows you to make contributions through a supplemental retirement savings program FLEXIBLE BENEFIT PLAN (FSA — SECTION 125) Allows Employees to pay for child care, adoption, and unreimbursed medical and insurance premium expenses with pre -tax dollars FLEXIBLE SCHEDULING Depending on assignment, an alternate work schedule may be arranged with Department Director approval. Any prolonged telecommuting arrangement must be approved by the City Manager. AMOEBA FLEX WEEKS Based on economic or business necessity, employees are required to work special events with the ability to "flex" their hours to meet the human resources demands of the City's special events which include: ➢ 4th of July Parade /Carnival /Fireworks Show ➢ Fall Fiesta If an unscheduled event arises, the City Manager has the authority to implement an Amoeba Flex Week. The "flexing" of hours must fall within the same work period of the special event. MERIT BASED COMPENSATION SYSTEM Employee will receive salary increases of 0 % -5% within their salary ranges based on merit through his /her annual performance evaluation rating OueTall Rating - Pe7centage Unsatisfactory 0% Needs Development 0% Meets Expectations 2%-3% Exceed Expectations 4% Substantially Exceeds Expectations 5% WELLNESS PROGRAM The City provides the Wellness Reimbursement Program at $300 per fiscal year EMPLOYEE ASSISTANCE PROGRAM (EAP) Magellan Health —health & wellness assistance COMPUTER PURCHASE PROGRAM The City will finance $500 — $2,000 at 0% interest per eligible Employee after the completion of six month probationary period. CREDIT UNION /BANK & DIRECT DEPOSIT F &A Federal Credit Union or Bank of the West with optional participation in direct deposit WORK -LIFE BALANCE ➢ 4/10 work schedule ➢ Flexible scheduling upon Department Director and City Managers approval which may include utilizing flextime Exhibit B ICMA Code of Ethics with Guidelines The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the. membership in April 2015. The Guidelines :for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in June 2015. The.mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall: Tenet 1. Be dedicated to the concepts of effective and democratic local: government by responsible elected officials and believe that professional general management is essential to the achievement of this objective. Tenet 2. Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and .a deep sense of social responsibility as a trusted public servant, GUIDEGINP Advice to Officials of Other Local Governments. When members advise and (respond to inquiries from elected or appointed - officials of other local governments, they should inform the administrators of those communities: Tenet 3. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the' respect and confidence of the elected officials, of other officials and employees, and of the public. GUIf3EI. NES Public Confidence. Members should conduct themselves so as to maintain public confidence in .their profession, their local government, and in their performance of the public trust. ImpressionofIbfluence. Members should conduct their official and personal affairs in such a manner as to give the clear impression that they cannot be improperly influenced in the performance of their official duties. Appointment Commitment. Members who accept an appointment to a position should not fail to report for that position. This does.. not preclude the possibility of a member considering several offers or seeking several positions at the same time, but once a bona fide offer of a position has been accepted, that commitment should be honored. Oral acceptance of an employment offer is considered binding unless the employer makes fundamental changes in terms of employment. Credentials. An application for employment or for ICMA's Voluntary Credentialing Program should be complete and accurate as to all pertinent details of education, experience, and personal history. Members should recognize that both omissions and inaccuracies must be avoided. COPYRIGHT 02015EY THE INTERNATIONAL CITY /COUNTYMANAGEMENTASSOCIATION. ALL RIGHTS RESERVE(). 14 Professional Respect. Members seeking a management position should show professional respect for persons formerly holding the position or for others who might be applying for the same. position. Professional respect does not preclude honest differences of opinion; it does preclude attacking a person's motives or integrity in order to be appointed to aposition, Reporting Ethics Violations, when becoming aware of a possible violation of the ICMA Code of Ethics, members are encouraged to report the matter to ICMA. In reporting the matter, members may choose to go on record as the complainant or report the matter on a confidential basis. Confidentiality. Members should not discuss or divulge information With anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics. Seeking Emplovm ent. Members should not seek employment for a position having an incumbent administrator who has not resigned or been officially informed that his or her services are to be terminated. Tenet 4. Recognize that the chief function of local government at all times is to serve the bestinterests of all of the people, GUIDEWNE Length of Service. Aminimum of two years generally is considered necessary in order to render a professional service to the local government. A short tenure should be the exception rather than a recurring experience. However under special circumstances; it may be in the best interests of the local government and the member to separate in a shorter time. Examples of such circumstances would include refusal of the appointing authority to honor commitments concerning conditions of employment, a vote of no confidence in the member, or severe personal problems. It is the responsibility of an applicant for a position to ascertain conditions of employment. Inadequately determining terms of employment prior to arrival does not justify premature termination. Tenet 5. Submit policy prop osals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and.setting community goals; and uphold and implement local government policies adopted byelected officials. GUIDELINE Conflitting Roles. Members who serve multiple roles- working as both city attorney and city manager for the same community, for example - should avoid participating in matters that create the appearance of a conflict of interest. They should disclose the potential conflict to the governing body so that other opinions maybe solicited. Tenet 6. Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members. COPYRIGHT © 2015 BY THE INTERNATIONAL CITY /COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. 15 Tenet 7, Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the.election of the members of the employing legislative body. GUlDFILINES Elections of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless of party. To this end, they should not participate in an election campaign on behalf of or in opposition to candidates for the gov.orning body. Elections of Elected Executives. Members shall not participate in the election campaign of any candidate for mayor or elected county executive: Running for office -. Members shall not run for elected office or become involved in political activities related to running for elected office, or accept appointment to an elected office. They shall not seek political endorsements, financial contributions or engage in other campaign activities. Elections. Members share with their fellow citizens the right and responsibility to vote. However, in order not to impair their effectiveness on behalf of the local governments they serve, they $ball not participate in political activities to support the candidacy of individuals running for any city, county special district school state or federal offices. Specifically, they shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund- raising activities for individuals seeking or holding elected office. Elections relating;to the Form of Government. Members may assist in preparing and presenting materials that explain the form of government to the public prior to a form of government election. If assistance is byanothee community, members mayrespond. Presentation of Issues. Members may assist their governing body in the presentation of issues involved in referenda such as bond issues, annexations, and other matters that affect the government entity's operations and /or'fiscal capacity. Personal Advocacy of Issues, Members share with their follow citizens the right and responsibility to voice their opinion on public issues. Members.mayadvocate for issues of personal interest only when doing so does not conflict with the performance of their official duties. Tenet B. Make it a duty continually to improve the member's professional ability and to develop the competence of associates in the use of management techniques. GUIDELINES Self- Assessment Each membershould assess his or her professional skills and abilities on a periodic basis. Professional Development. Each member should commit at least 40 hours per year to professional development activities that are based on the practices identified by the members of ICMA. Tenet 9. I {eep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize Mendly.and courteous service to the public; and seek to improve the quality and image of public service. COPYRIGHT © 2015 BY THE INTERNATIONAL CITY /COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS. RESERVED. 16 Tenet 10. Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies withoutinterference, and handle each problem without discrimination on the basis of principle and justice, GUH?ELINE Information Sharing, The member should openly share information with the governing bodywhile diligently carrying out the member's responsibilities asset forth in the charter or enabling legislation. Tenet 11. Handle all matters ofpersonnel on the basis of merit so thatfairness and impartiality govern a member's decisions, pertaining to appointments, pay adjustments, promotions, and discipline. G3JIDB1,1NE; Equal Opportunity. All decisions pertaining to appointments, pay adjustments, promotions, and discipline should prohibit discrimination because of race, color, religion, sex, national origin, sexual orientation, political affiliation, disability, age, or marital status. It should be the members' personal and professional responsibility to actively recruit and hire a diverse staff throughout their organizations. Tenet 12. Public office is apublic trust. A member shall notleverage his or her position for personal gain or benefit. GUIDELINES Gifts. Members shall not directly or indirectly solicit, accept or receive any gift if it could reasonably be perceived or inferred that the gift was intended to influence them in the performance of their official duties; or if the gift was intended to serve as a reward for any official action on their part. The term "Gift" includes but is not limited to services, travel, meals, gift cards, tickets, or other entertainment or hospitality. Gifts of money or loans from persons other than the local government jurisdiction pursuant to normal employment practices are not acceptable. Members should not accept any gift that could underrhme public confidence. De minimus gifts may be accepted in circumstances that support the execution of the member's official duties or serve a legitimate public_ purpose. In those cases, the member should determine a modest maximum dollar value based on guidance from the governing body or any applicable state or local law. The guideline is not intended to applyto normal social practices, not associated with the member's official duties, where gifts are exchanged among friends, associates and relatives, Investments in Conflict with Official Duties. Members should refrain from any investment activity which would compromise the impartial and objective performance of their duties. Members should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict of interest, in factorappea"lice, witli their official duties. In the case of real estate, the use of confidential information and knowledge to further a member's personal interest is not,permitted. Purchases and sales which might be interpreted as speculation for quick profit should be avoided'Csee the guideline on "Confidential Information"). Because personal investments may appear to influence official actions and decisions, or create the appearance of impropriety; members should disclose or dispose of such investments prior to accepting a position in a COPYRIGHT © 2015 BY THE INTERNATIONAL CITY /COUNTY MANAGEMENTASSOCIATION. ALL RIGHTS RESERVED. 17 local government. Should the conflict of interest arise during employment, the member should make full disclosure and /or recuse themselves prior to any official action by the governing body that may affect such investments. This guideline is.not intended to prohibit a member fromhaving or acquiring an interest in, or deriving a benefit from any investment when the interest or benefit is due to ownership by the member or the member's family of de minimus percentage of corporation traded on a recognized stock exchange even though. the corporation or its subsidiaries may do business with the local government. Personal Relationships. Member should disclose any personal relationship to the governing body in any instance where. there could be the appearance of a conflict. of interest. For example,. if the manager's spouse works for a developer doing business with the local government, that fact should be disclosed. Confidential Information. Members shall not disclose to others, or use to advance their personal interest, intellectual property, confidential information, or information that is not yet public knowledge, that has been acquired by them inthe course of their official duties. Information that may be in the public domain or accessible by means of an.open records request, is not confidential. Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties. Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge.of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment. Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve. Endorsements. Members should not.endorse.commercialproducts or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, marketing materials, social media, or other documents, whether the member is compensated or notfor the member's support, Membersmay however, provide verbal professional references as part of the due diligence phase of competitive process or in response to a direct inquiry. Members may agree to endorse the following, provided they do not receive any compensation: Cl) books or other publications; (2) professional development or educational services provided by nonprofit membership organizations or recognized educational institutions; (3) products and /or services in which the local governmenthas a direct economic interest, Members' observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part of professional articles and reports. COPYRIGHT © 2015 BY THE INTERNATIONAL CITY /COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. W