CC - Item 7A - Approval of City Manager Contract With Gloria Molleda f
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° ROSEMEAD CITY COUNCIL
CIVIC PRD[ STAFF REPORT
INCORPORATED;Ge
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: POLLY LOW, MAYOR
DATE: JANUARY 9, 2018
SUBJECT: APPROVAL OF CITY MANAGER CONTRACT WITH GLORIA
MOLLEDA
SUMMARY
At the Council meeting of December 12th, the City Council voted to offer the position of City
Manager to Gloria Molleda. Since that time the City Attorney and Ms. Molleda have come to an
agreement on terms for a contract for the Council to consider, which are the same terms that
were included for the prior City Manager.
RECOMMENDATION
The City Council approve a contract with Gloria Molleda for the position of City Manager.
ANALYSIS
Former City Manager Bill Manis gave notice in mid-November that he was leaving the City of
Rosemead effective December 31, 2017. The City Council having conducted an exhaustive City
Manager recruitment just 18 months prior was eager to appoint a City Manager that could come
into the position familiar with the City, the City Council, the City departments and various
programs. Gloria Molleda had worked for the City of Rosemead from 2007 to 2015. During
that time Ms. Molleda was City Clerk and later appointed Public Information Officer. In her role
with the City, she ran the City's elections and was involved in various City events and City
Council activities in addition to day-to-day city clerk and public information officer duties.
During her time with the City, Ms. Molleda showed herself to be hard working, diligent and
focused on responding to the needs and requests of the Rosemead community. Since leaving
Rosemead, Ms. Molleda worked in the neighboring City of San Gabriel and during her tenure
with that City also became a valuable asset to the organization.
Ms. Molleda has agreed to the same terms for her employment with the City of Rosemead as
were agreed to with the prior City Manager. Ms. Molleda's first day, if the contract is approved,
will be on January 16, 2018.
ITEM NO. 7.A
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City Council Meeting •
January 9,2018
Page 2 of 2
Submitted by:
Polly Low, Mayor
Attachment: City Manager Agreement
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41.
CIVIC PRIDE
444/M•7
AtoRPORATEO 4.9
Attachment
City Manager Agreement
CITY MANAGER
EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF ROSEMEAD
AND
GLORIA MOLLEDA
This Employment Agreement(the"Agreement") is made and entered into January 9,
2018. by and between the City of Rosemead,California,a municipal corporation (the
"City")and Gloria Molleda,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.
2. EMPLOYMENT
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 2018. 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.
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(b) Medical Exam/Fitness For Duty
Prior to assuming the office of City Manager on
2018, 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 non-merit 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.
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(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.
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(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.
(j) 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.
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(iii) The above severance provisions are intended to comply with the
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 party 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.
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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
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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 el 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.
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(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.
(t) 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) Integration
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
8
8838 East Valley Boulevard
Rosemead, CA 91770
ATTN: Mayor&City Council
(2) If to the City Manager:
Gloria Molleda
[Address on file at City Hall]
(j) 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 Party 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 she has had the opportunity to consult legal
counsel in regard to this Agreement,that she has read and understands this
Agreement,that she is fully aware of its legal etlect,and that she has entered into
it freely and voluntarily and based on her own judgment and not on any
representations or promises other than those contained in this Agreement.
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IN WITNESS WHEREOF,the Parties have executed this Agreement, as of the date
first indicated above.
City City Manager
CITY OF ROSEMEAD Gloria Molleda
A Municipal Corporation An Individual
By:
Polly Low )111-(241A—MAG oris Molleda
Mayor
ATTEST:
By:
Marc Donohue
City Clerk
APPROVED AS TO FORM:
By:
Rachel H. Richman
City Attorney
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EXHIBIT A
CITY OF ROSEMEAD
BENEFITS SUMMARY MANAGEMENT GROUP
'Effective July 1,2010 for all new hires
RETIREMENT MEMBERSHIP ADMINISTRATIVE LEAVE
Membership in the California Public Employees' . Allocated an allotment of 80 hours per year
Retirement System(CaIPERS) . Any unused hours will be forfeited by December 31
Participates in Social Security system. of the calendar year
Limited to no more than one (1) day/shift
Classic CaIPERS Members: intervals/increments
2%@ 55 formula . Cannot supplant/combine with vacation leave.Only
i Single highest year calculation exception will be from Chnstmas to New Year's Day
• 8%employee share towards CaIPFRS by January 1, when nonessential City services and facilities will be
2018. Starting July 1, 2014 the City implemented a closed_
2% contribution rate for the next 4 years. In
consideration of the employee contribution, will HOLIDAYS-(9 Daysj
receive a 2% increase in pay in conjunction with a New Year's Day Labor Day
merit increase based on annual performance __Martin Luther Kingly. Veteran's Day
evaluation. Presidents Day Thanksgiving Day
7%employee share toward CaIPERS
Memorial Day Christmas Day
Independence Day
Non-Classic CaIPERS Members:
2%@ 62 formula FLOATING HOLIDAYS
Y Highest average annual pensionable compensation
2 days(20 hours)of floating holidays per calendar
during a period of at least 36 months
Y Must pay 50% of total normal cost as employee year
Any unused hours will be forfeited by the end of the
contribution rate calendar year
6.25%employee share towards CaIPERS
HEALTH.DENTAL&VISION PLANS SICK LEAVE
-
. Benefit allowance of S1,700 per month to be used Accruable10 hours per month
Employees may begin taking accrued sick leave after
towards employee,spouse,and dependents 30 days of employment
• CaIPERS Medical Plans . 120 hours paid sick leave per year
• Amental Dental Plan New Employees may transfer up to 200 hours of
VSP Vision Plan
uncompensated sick leave from previous employer
• Any unused balance can be put into a deferred
Any unused hours will be forfeited and will not be
compensation plan or taken as a taxable cash
paid upon termination(voluntary/involuntary).
disbursement
VACATION
TELECOMMUNICATIONS
Employees may begin taking accrued vacation after
• One-time reimbursement amount of no more than
6 months
$300 every other calendar year 100 - 160 hours of annual vacation accrual,
Receipts must be submitted to be eligible for this
depending on years of service
reimbursement.
Reimbursement of up to $150 per month for
applicable technology costs such as a voice and data Years ot5arvka Hours Per Year
plan. Receipts must be submitted to be eligible for Up to year 1 100
this reimbursement. 1-13 140
13+ 160
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Once per calendar year, City may buyback up to 40
hours(1 week)of accumulated unused vacation time Y Lunar New Year Family Festival
Y Community Yard Sale/Emergency Preparedness Fair
BEREAVEMENT LEAVE Easter"Egg"stravaganza
Employees entitled to 4 paid days off per incident in the Y Memorial Day Service
event of the death of an immediate family member ➢ 4'"of July Parade/Carnival/Fireworks Show
Y Summer Concerts in the Park
JURY LEAVE Y Fall Fiesta
Jury service fees must be provided to the Finance Y 9/11 Memorial Service
Department to be compensated up to 80-hours Y Holiday Tree Lighting Ceremony
BILINGUAL PAY
Eligible and qualifying Employees shall receive a bilingual If an unscheduled event arises,the City Manager has the
authority to implement an Amoeba flex Week. The
stipend of $75 per month for one of the following "flexing"of hours must fall within the same work period
recognized languages.Cantonese.Mandarin,Spanish,or
of the special event.
Vietnamese.
MERIT BASED COMPENSATION SYSTEM
LIFE&ACCIDENTAL DEATH&DISMEMBERMENT INS.
Classic CaIPERS Members:
S 100,(x10
Employee will receive salary increases of 0%—3%within
SHORT TERM DISABILITY(STD) their salary ranges based on merit through his/her
66.67%of base salary with 15-day waiting period annual performance evaluation rating
Maximum disability benefit amount up to$1,848 per
week until medically able to return to work,or begin Overall Rstug-- Percentage
O-- - cen -
utilizing LTD,or until the age of 65 Unsatisfactory 0%
Needs Development 0%
•
LONG TERM DISABILITY(LTD) Meets Expectations 1%
66.67%of base salary with 90-day waiting period Exceed Expectations 2%
Maximum disability benefit amount up to$8,000 per Substantially Exceeds 3%
month until medically able to return to work or until Expectations
the age of 65
Non-Classic CaIPERS Members:
DEFERRED COMPENSATION-457 PLAN Employee will receive salary increases of D%-5%within
Income may be deferred through the ICMA-RC, 457 their salary ranges based on merit through his/her
Deferred Compensation Plan which allows you to make annual performance evaluation rating
contributions through a supplemental retirement
savings program Overall Rating Percentage
Unsatisfactory 0%
FLEXIBLE BENEFIT PLAN(FSA—SECTION 1251 Needs Development 0%
Allows Employees to pay for child care, adoption, and — —
unreimbursed medical and insurance premium expenses Meets E atrons 2% 396
with pre-tax dollars Exceed Expectations 4%
Substantially Exceeds 5%
FLEXIBLE SCHEDULING Expectations
Depending on assignment, an alternate work schedule
may be arranged with Department Director approval. WELLNESS PROGRAM
Any prolonged telecommuting arrangement must be The City piovides the Wellness Reimbursement Program
approved by the City Manager. at$300 per fiscal year
AMOEBA FLEX WEEKS EMPLOYEE ASSISTANCE PROGRAM(EAP)
Based on economic or business necessity,employees are Magellan Health—health&wellness assistance
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.
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COMPUTER PURCHASE PROGRAM
The City will finance $500—S2,000 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 BALANCC
4/10 work schedule
Flexible scheduling upon Department Director and
City Managers approval which may include utilizing
flextime
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EXHIBIT B
ICM/
1CMA 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 lune 2017.The Guidelines for the Code were adopted by the ICMA
Executive Board in 1972,and most recently revised in lune 2017.
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.
GUIDELINE.
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. Demonstrate by word and action the highest standards of ethical conduct and integrity in all
public,professional,and personal relationships in order that the member may merit the trust and respect
of the elected and appointed officials,employees,and the public.
GUIDELINES
Public Confidence, Members should conduct themselves so as to maintain public confidence in their
position and profession,the integrity of their local government,and in their responsibility to uphold the
public trust
Influence. Members should conduct their professional and personal affairs in a manner that demonstrates
that they cannot be improperly influenced in the performance of their official duties.
Appointment Commitment,Members who accept an appointment to a position should report to that
position. This does not preclude the possibility of a member considering several offers or seeking several
positions at the same time.l lowever,once a member has accepted a formal offer of employment,that
commitment is considered binding unless the employer makes fundamental changes in the negotiated
terms of employment.
Credentials A member's resume for employment or application for ICMA's Voluntary Credentialing
Program shall completely and accurately reflect the member's education,work experience,and personal
history.Omissions and inaccuracies must he avoided.
Professional Respect, Members seeking a position should show professional respect for persons formerly
holding the position,successors holding the position,or for others who might be applying for the same
COPYRIGHT C2017 HY THE INTERNA'I'IONAI.CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS
RESERVED.
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position.Professional respect does not predude honest differences of opinion;it does preclude attaddng a
person's motives or integrity.
Reporting Ethics Violations, When becoming aware of a possible violation of the ICMA Code of Ethics,
members are encouraged to report possible violations to ICMA.In reporting the possible violation,
members may choose to go on record as the complainant or report the matter on a confidential basis.
Confidentiality, Members shall 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 Employment.Members should not seek employment for a position that has an incumbent who has
not announced his or her separation or been officially informed by the appointive entity that his or her
services arc to be terminated.Members should not initiate contact with representatives of the appointive
entity.Members contacted by representatives of the appointive entity body regarding prospective interest
in the position should dedine to have a conversation until the incumbent's separation from employment is
publicly known.
Relationships in the Workplace,Members should not engage in an intimate or romantic relationship with
any elected official or board appointee,employee they report to,one they appoint and/or supervise,either
directly or indirectly,within the organization.
This guideline does not restrict personal friendships,professional mentoring,or social interactions with
employees,elected officials and Board appointees.
Tenet 4. Recognize that the chief function of local government at all times is to serve the best interests of
all of the people.
GUIDELINh
Length of Service, A minimum 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 S. Submit policy proposals 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 by elected officials.
GUIDELINE.
ConflictingRoles, 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
may be 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.
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Tenet 7. Refrain from all political activities which undermine public confidence in professional
administrators.Retrain from participation in the election of the members of the employing legislative
body.
GUIDELINES
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 governing body.
Elections of Elected Executives. Members shall not participate in the election campaign of any candidate
for mayor or elected county executive.
Runningfor 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.I lowever,in order
not to impair their effectiveness on behalf of the local governments they serve,they shall 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. It assistance is
required by another community,members may respond.
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 fellow citizens the right and responsibility to
voice their opinion on public issues.Members may advocate 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 member should assess his or her professional skills and abilities on a penodic 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.Keep the community informed on local government affairs;encourage communication between
the citizens and all local government officers;emphasize friendly and courteous service to the public;and
seek to improve the quality and image of public service.
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Tenet 10.Resist any encroachment on professional responsibilities,believing the member should he free
to carry out official policies without interference,and handle each problem without discrimination on the
basis of principle and justice.
GUIDELINE
Information Sharing„The member should openly share information with the governing body while
diligently carrying out the member's responsibilities as set forth in the charter or enabling legislation.
Tenet 11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a
member's decisions,pertaining to appointments,pay adjustments,promotions,and discipline.
GUIDELINE
f.qua!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 he the members'personal and professional responsibility to actively recruit and hire a diverse
staff throughout their organizations.
Tenet 12. Public office is a public trust. A member shall not leverage 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"indudes 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 undermine 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 apply to 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 fact or appearance,with 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(see 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 sudi investments prior to accepting a position in a
local government. Should the conflict of interest arise during employment,the member should make full
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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 from having 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 a de minimus percentage of a corporation traded on a recognized stock exchange even
though the corporation or its subsidiaries may do business with the local government.
personal Relationships, In any instance where there is a conflict of interest,appearance of a conflict of
interest,or personal financial gain of a member by virtue of a relationship with any individual,
spouse/partner,group,agency,vendor or other entity,the member shall disclose the relationship to the
organization. For example,if the member has a relative that 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 in the 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.
J.ndorsements, Members should not endorse commercial products 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 not for the member's support.
Members tnay,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:(1)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 government has 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.
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