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CC - Item 6A - Approval of City Manager Contract with Ben KimROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: POLLY LOW, MAYOR DATE: APRIL 26, 2022 SUBJECT: APPROVAL OF CITY MANAGER CONTRACT WITH BEN HIM SUMMARY The City Council has offered to current Assistant City Manager/Community Development Director, Ben Kim, the position of City Manager of the City of Rosemead subject to approval of an agreement acceptable to both parties. RECOMMENDATION That the City Council approve a contract with Ben Kim for the position of City Manager. ANALYSIS The proposed agreement provides that Mr. Kim's initial annual salary will be $218,000. Mr. Kim's first day will be today if the agreement is approved and signed by Mr. Kim. The agreement is attached to the staff report for all terms. Submitted by: 7/� 0� Polly Low, Mayor Attachment: City Manager Agreement AGENDA ITEM 6.A Attachment A City Manager Agreement CITY MANAGER AT -WILL EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND BEN KIM This agreement is between the CITY OF ROSEMEAD ("City"), a municipal corporation organized in the State of California, and BEN KIM ("City Manager") ("Agreement"). City and City Manager shall be collectively referred to as "Parties" or individually referred to as "Party", "City Manager" or "City". RECITALS WHEREAS the City requires the services of a City Manager. WHEREAS, City Manager has the necessary education, experience, skills and expertise to serve in the capacity of City Manager. WHEREAS, In accordance with the terms of the Agreement, City and City Manager have agreed to memorialize their intent and the terms of employment by this Agreement. NOW THEREFORE, it is hereby agreed by City and City Manager as follows: Effective Date: The effective date of this Agreement is April 26, 2022. 2. Appointment as City Manager The City agrees to employ Ben Kim as City Manager for the City, subject to the terms, conditions and provisions of this Agreement. City Manager accepts such employment. City Manager shall be "at will" and serve at the pleasure of the City Council. City Manager shall start performance of his duties as City Manager on April 26, 2022. 3. Term of Agreement The term of this Agreement ("Term) shall be for a period of three (3) years, commencing on April 26, 2022 to April 25, 2025, unless terminated earlier by either Party pursuant to Section 5 below. City Manager is an at will employee who may be terminated at any time during the term, with or without cause, and shall serve at the pleasure of the City Council. City Manager may resign at any time for any reason by providing notice in accordance with Section 5 to City Council. 4. Duties and Responsibilities a. City Manager will perform the functions and duties specified in the laws of the United States and the State of California, the City's Municipal Code, the Personnel Rules, ordinances and resolutions of City, and to perform other legally permissible and proper duties and functions of the City Council may, from time to time, assign. b. City Manager shall perform his duties to the best of his ability in accordance with the highest professional and ethical standards of the profession, comply with all general rules and regulations established by the City, and obey all State and Federal laws. C. City Manager agrees to devote his productive time, ability and attention to the City's business during the term of this Agreement. City Manager shall not hold secondary employment, and shall be employed exclusively by the City. The City and City Manager recognize that City Manager is expected to devote necessary time outside normal office hours to perform business of the City. Since City Manager's position is "exempt" under the Fair Labor Standards Act, City Manager shall not receive overtime or extra compensation for work performed outside normal business hours. d. City Manager shall not engage in any activity, which is or may become a conflict of interest, prohibited by contract, or which may create an incompatibility of office as defined under California law. Prior to performing any services under this Agreement and annually thereafter, the City Manager must complete disclosure forms as required by law. e. If not a member at the time of execution of this agreement, the City Manager shall become a member within 60 days of execution. Once 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). The City Manager commits to comply with the ICMA Code of Ethics. 5. Resignation and Termination a. 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. b. Termination by City: 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 as provided herein. i. Termination without Cause: City may terminate City Manager without cause by providing him with a written notice of termination. If the City, at the request of a majority of the City Council, requests City Manager's resignation without cause, then City Manager shall be deemed terminated without cause. If the City Manager is terminated without cause, then the City Manager is entitled to receive severance as detailed in section eight (8) below. ii. Termination for Cause: City may terminate City Manager for cause by providing him with a written notice of termination. Such termination may be effective immediately. The following are sufficient basis for termination for cause: A. City Manager engages in illegal activities; B. Gross malfeasance; C. Dereliction of duties; D. Absence from employment without a good cause; E. Failure to perform duties and responsibilities under this Agreement, as defined in the City's Municipal Code, or as specified in the City Manager's job description. F. Resume fraud or other acts of material dishonesty; G. Violation of the City's Rules, including but not limited to, the City's rule against harassment, discrimination, and retaliation; H. Use or possession of illegal drugs; I. Engaging conduct tending to bring embarrassment or disrepute to the City; J. Conviction of any felony or turpitude; or K. An abuse of his office or Government Code Section 53243.4. any criminal offense involving moral position" as that term is defined in C. 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. d. Affirmation of "At -Will" status: The parties recognize and affirm that: 1) City Manager is an "at -will" City Manager whose employment may be terminated by the City Council at any time; and 2) there is no express or implied promise made to City Manager for any form of continued employment as City Manager or any other position of employment with City. This Agreement is the sole and exclusive basis for an employment relationship between City Manager and the City. Nothing in this Agreement shall be construed to create a property interest for City Manager in the position of City Manager. e. 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. 6. Salary a. Effective April 26, 2022, City agrees to pay City Manager $218,000.00 as an annual base salary per year ($18,167.00 per month) during the term of this Agreement for his services. All salary payments to City Manager shall be payable in installments at the same time as other City employees of the City are paid and subject to the customary withholding. b. Whenever a cost of living adjustment or other non -merit based pay increase is provided to other City employees, the City Council may 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. C. 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. 7. Benefits a. 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 — Executive 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 Executive Management Service Unit'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. b. Car Allowance: City Manager is entitled to a $600 monthly car allowance or use of a City vehicle. C. Accruals: City Manager shall accrue vacation at a rate of 160 hours per year or 6.15 hours per pay period. d. 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. e. 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. 8. Severance a. City Manager shall serve at the will and pleasure of the City Council, and his employment may be terminated by the City Council at any time. Termination of City Manager's employment shall not require any showing of cause or justification, nor shall City Manager be entitled to any internal administrative appeal of the decision of the City Council, beyond any process required by law. b. In the event of City Manager's involuntary termination for reasons other than his resignation, death, disability, or termination with cause as provided in section 5(b)(ii) above, City Manager shall be paid severance pay as provided in section 8(e) below. City Manager shall not receive severance if, at the end of the three year Term, the Council determines not to renew this Agreement. C. In accordance with state law and applicable City policies, City Manager shall be entitled to receive all compensation earned, but unpaid, for actual work performed and accrued unused leave time as of the date of termination. d. If City Manager's employment is terminated, he will be eligible for payment of severance, conditioned upon City Manager's signature on written waiver of any claims, 4 grievances or causes of action against City, City employees, agents, officers, and City Council or City Councilmembers arising out of or concerning this Agreement, City Manager's employment with City, or the termination of his employment with the City. If City Manager does not agree to waive such claims, grievances or causes of action, the City shall not pay City Manager severance pay. e. Upon the effective date of the written waiver under d., City agrees to provide City Manager with a one-time cash payment equal to six (6) months of base salary plus the value of six (6) months of City -paid health benefits, minus any required withholding. Such payment shall release City from any further obligations under this Agreement. f. City is currently a member of the California Joint Powers Insurance Authority (hereinafter the "CJPIA") which currently makes available to City Manager an additional six (6) months of compensation and COBRA benefits subject to the terms and conditions of the CJPIA'S Special Liability Protection Program. The terms and conditions of the CJPIA's Special Liability Protection Program ("CJPIA Program") may vary from time to time. The terms and conditions of the CJPIA Program, if any, in effect at the time of termination of City Manager's employment will govern. If, at the time of City's termination of City Manager's employment, City is no longer a member of CJPIA, this paragraph shall not apply, and the benefit, if any, available to City Manager under this sub -section (b) shall be determined at the time of City's termination of City Manager. 9. Indemnification The City shall defend, hold harmless and indemnify City Manager against any tort, civil rights, personnel, discrimination, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of City Manager's duties in accordance with the provisions of California Government Code section 825. The City shall provide a defense in accordance with California Government Code section 995. The City may decline to defend and/or indemnify City Manager only as permitted by the California Government Code. The City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment therefrom. 10. Bonding City shall bear the full cost of any fidelity or other bonds the City Council requires of City Manager under any law or ordinance or otherwise. 11. Notices Any notices required by this Agreement shall be in writing and either given in person or by first class mail with the postage prepaid and addressed as follows: TO CITY: Rosemead City Hall 8838 East Valley Boulevard Rosemead, CA 91770 ATTN: Mayor & City Council TO CITY MANAGER: Ben Kim [address on file with human resources] 13. Abuse of Office California Government Code Sections 53243, 52431.1, 53243.2 and 52431.3 are incorporated by reference as if fully set forth herein. If this contract is terminated, any cash settlement related to the termination that City Manager may receive from City shall be fully reimbursed to the City if City Manager is convicted of a crime involving an abuse of his or his office or position. 14. Entire Agreement This Agreement and its two exhibits are the final expression of the complete agreement of the parties with respect to the matters specified herein and supersedes all prior oral and written understandings and agreements, and, except as prescribed herein, this Agreement cannot be modified except by written mutual agreement signed by the parties. The Parties agree that the recitals identified in this Agreement are true and correct and are incorporated into the terms of this Agreement. 15. Severability, Applicable, Law, and Interpretation In the event that any provision of this Agreement is held to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portion of this Agreement. Any dispute concerning this Agreement shall be governed by the laws of the State of California. The parties consent to the jurisdiction of the California courts with venue in Los Angeles County. IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested by the City Clerk. It has also been executed by the City Manager. CITY MANAGER CITY OF ROSEMEAD Ben Kim, City Manager ATTEST: Ericka Hernandez, City Clerk APPROVED AS TO FORM: Rachel H. Richman, City Attorney Polly Low, Mayor 4 CITY OF ROSEMEAD BENEFITS SUMMARY EXECUTIVE MANAGEMENT SERVICE RETIREMENT MEMBERSHIP ➢ Membership in the California Public Employees' Retirement System (CalPERS). ➢ Participates in Social Security system. Classic CaIPERS Members: ➢ Tier 1: 2.7% @ 55 formula for employees hired before July 1, 2010. ➢ 8% Employee share towards CalPERS effective January 1, 2018, for 2.7% @ 55 formula. ➢ Tier 2: 2% @ 55 formula for employees hired on or after July 1, 2010. ➢ 7% Employee share towards CalPERS effective January 1, 2018, for 2% @ 55 formula. ➢ Single highest year calculation. Non -Classic (PEPRA) CalPERS 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, currently 6.75%. SOCIAL SECURITY Employee contributes 6.2 %. Employer contributes 6.2% MANAGEMENT INCENTIVE PAY Employee will receive 6% of base pay due to the unique nature of executive management jobs. This is not overtime pay and is not tied to a specific number of hours worked. HEALTH, DENTAL & VISION PLANS ➢ Benefit allowance of $1,700 per month to be used toward employee and dependents. Any unused balance can be put into a deferred compensation plan or taken as a taxable cash -back allowance. ➢ Effective November 1, 2021, allowance will be increased by $100 per month for "out of pocket" health costs with no additional cash -back allowance. ➢ Effective December 1, 2021, new hires will not receive any unused portion of the allowance and the opt -out allowance is reduced to $500 per month. ➢ CalPERS Medical ➢ Ameritas Dental ➢ VSP Vision ADMINISTRATIVE LEAVE Accruable — 3.08 hours per pay period with a 2 year accrual cap (160 hours). RETIREMENT HEALTH PLAN —July 1, 2007, or Prior The allocation amount will be used to pay for health care benefits for the duration of the employee's retirement. If the health care benefit(s) cost is over the allocation amount, the City will only cover the allocation amount given: ➢ Employees who retire with 20 years or more of service, will receive an allocation of up to $1,000/month to pay for health care benefits for the duration of their retirement. ➢ Employees who retire with 12-19 years of service, will receive an allocation of up to $500/month to pay for health care benefits for the duration of their retirement. ➢ Once the retiree reaches the age of 65 or becomes eligible for Medicare, the retiree must transition to Medicare coverage, with the City paying the remaining cost of the health insurance coverage up to a maximum contribution as defined above. ➢ Employees hired after July 1, 2007, will receive retiree health benefits in accordance with public employees' retirement laws and CaIPERS. WORK -LIFE BALANCE ➢ 4/10 work schedule. ➢ Flexible scheduling upon City Manager approval which may include utilizing flextime. ENHANCED RETIREMENT PROGRAM (PARS) Employees hired prior to July 1, 2010, who retire with 20 or more years of service will have their pension formula enhanced to 3% @ 55, with the provision that the maximum pension allowance that the employee can accrue through PARS is 90% of their final pay. Employees must be at least 55 years of age to qualify for PARS. Employees hired on or after July 1, 2010, are ineligible for the Enhanced Retirement Program through PARS. EMPLOYER FUNDED DEFERRED COMPENSATION PROGRAM The City set up and began contributing a percentage of the employee's salary based on years of service into a deferred compensation account. This program is available to employees hired prior to July 1, 2010. Employees hired on or after July 1, 2010, are ineligible for the employer funded deferred compensation program. DEFERRED COMPENSATION 457 Income may be deferred through the ICMA-RC, 457 Deferred Compensation Plan, which allows employees to make contributions voluntarily through payroll deductions. PAID HOLIDAYS The following holidays are recognized and observed as paid holidays: New Year's Day % of Salary Martin Luther King Jr. Contributed into Presidents Day Deferred Years of Service Compensation 0-4 1% 5-9 2% 10-14 3% 15-19 4% 20+ 5% DEFERRED COMPENSATION 457 Income may be deferred through the ICMA-RC, 457 Deferred Compensation Plan, which allows employees to make contributions voluntarily through payroll deductions. PAID HOLIDAYS The following holidays are recognized and observed as paid holidays: New Year's Day Independence Day Martin Luther King Jr. Labor Day Presidents Day Veteran's Day Cesar Chavez Thanksgiving Day Memorial Day Christmas Eve Juneteenth Christmas Day SICK LEAVE ➢ Accruable —10 hours per month. ➢ Sick leave hours will be capped at 500 hours for all employees hired after November 30, 2021. ➢ 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. ➢ Sick leave balance will be forfeited and will not be paid out at the termination (voluntary / involuntarily) of employment. VACATION ➢ Employees may begin taking accrued vacation after 6 months. Years of Hours/Pay Hours/Per Service Period Year Up to year 1 3.85 100 1-13 5.38 140 13+ 6.15 160 ➢ Once per calendar year, City may buyback up to 40 hours (1 week) of accumulated unused vacation time. BEREAVEMENT LEAVE Employees are entitled to four (4) paid days (40 hours) 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, and with approval of the City Manager, employees may be compensated based on trial length. LIFE & ACCIDENTAL DEATH & DISMEMBERMENT INSURANCE $100,000 SHORT TERM DISABILITY (STD) ➢ 66.67% of base salary with 15 -day wait period. ➢ Maximum disability benefit amounts up to $1,848 per week until medically able to return to work, begin utilizing LTD, or until the age of 65. LONG TERM DISABILITY (LTD) ➢ 66.67% of base salary with 90 -day wait period. ➢ Maximum disability benefit amounts up to $8,000 per month until medically able to return to work or until the age of 65. FLEXIBLE BENEFIT PLAN (FSA — SECTION 125) Allows employees to pay for childcare, adoption, and unreimbursed medical and insurance premium expenses with pre-tax dollars. FLEXIBLE SCHEDULING Depending on the area of assignment, an alternate work schedule and/or any prolonged telecommuting arrangement must be approved by the City Manager. Any alternate workweek must be approved, in writing, by the City Manager. FLEXIBLE SCHEDULING ON SPECIAL EVENTS Based on economic or business necessity, all full-time team members 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 The City Manager may authorize the "flexing" of all hours within the same workday or workweek of the special event. MERIT BASED COMPENSATION SYSTEM Employees' salaries are based on a salary range that provides the minimum and maximum salary levels approved by the City Council. Progression in the salary range is based on the employee's level of performance. Level of Performance % of Increase Substantially Exceeds 7%-9% Expectations Exceed Expectations 4%-6% Meets Expectations 0%-3% Needs Improvement 0% CONTINUING PAY FOR PERFORMANCE At the discretion of the City Manager, an employee who has achieved and maintained the maximum salary of their classification for one full year may be eligible to receive a lump sum performance-based incentive pay bonus for continuing exceptional performance. The calculation of the incentive pay bonus will be based on a percentage of the current annual rate of base salary for the identified period in which the compensation was earned. For an overall performance rating of "Substantially Exceeds Expectations," an incentive pay bonus up to five percent (5%) of annual pay may be granted. AUTO ALLOWANCE Employees may receive up to $500 per month based on business necessity as determined by the City Manager based on the driving demands of the position. TELECOMMUNICATIONS ALLOWANCE Allowance of $100 per month for employees using personal cell phones in lieu of City -issued devices based on City Manager approval. In addition, reimbursement of up to $1,000 for cellular equipment will be provided upon receipt of invoice initially and once every three (3) years thereafter, if necessary, to replace existing equipment. TECHNOLOGY EQUIPMENT Employees may be provided with a laptop, tablet, Wad, or other devises to be used for City business. The equipment may be stored and used at home. EMPLOYEE ASSISTANCE PROGRAM (EAP) Magellan Health — health & wellness assistance. COMPUTER PURCHASE PROGRAM The City will finance $300 — $2,000 at 0% interest per eligible employee after the completion of a six-month probationary period. Two (2) year maximum repayment. WELLNESS PROGRAM The City provides up to $300 in reimbursement for qualifying expenses through the City's Wellness Program. CREDIT UNION/DIRECT DEPOSIT F&A Federal Credit Union with optional participation in direct deposit. TUITION REIMBURSEMENT Employees may attend and be reimbursed for part or all the costs of educational and other training courses (up to $5,000 per fiscal year), which provides a benefit to the City provided there are budgeted funds for such approval by the City Council. The employee must remain with the City for three (3) years after successfully completing the class/course or must refund the amount received to the City on a pro -rated basis. ICMA I ethics 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 June 2020. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in June 2020. The mission of ICMA is to advance professional local government through leadership, management, innovation, and ethics. 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. We believe professional management is essential to efficient and democratic local government by elected officials. Tenet 2. Affirm the dignity and worth of local government services and maintain 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 in order to uphold local government professionalism. 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. Length of Service. For chief administrative/executive officers appointed by a governing body or elected official, a minimum of two years is considered necessary to render a professional service to the local government. In limited circumstances, it may be in the best interests of the local government and the member to separate before serving two years. Some examples include refusal of the appointing authority to honor commitments concerning conditions of employment, a vote of no confidence in the member, or significant personal issues. It is the responsibility of an applicant for a position to understand conditions of employment, including expectations of service. Not understanding the terms of employment prior to accepting does not justify COPYRIGHT © 2020 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. premature separation. For all members a short tenure should be the exception rather than a recurring experience, and members are expected to honor all conditions of employment with the organization. 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. However, 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 be 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 position. Professional respect does not preclude honest differences of opinion; it does preclude attacking 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 are 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 decline 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. COPYRIGHT © 2020 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. 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. Conflicting Roles. Members who serve multiple roles — either within the local government organization or externally — should avoid participating in matters that create either a conflict of interest or the perception of one. They should disclose any potential conflict to the governing body so that it can be managed appropriately. Conduct Unbecoming. Members should treat people fairly, with dignity and respect and should not engage in, or condone bullying behavior, harassment, sexual harassment or discrimination on the basis of race, religion, national origin, age, disability, gender, gender identity, or sexual orientation. Tenet 4. Serve the best interests of the people. GUIDELINES Impacts of Decisions. Members should inform their governing body of the anticipated effects of a decision on people in their jurisdictions, especially if specific groups may be disproportionately harmed or helped. Inclusion. To ensure that all the people within their jurisdiction have the ability to actively engage with their local government, members should strive to eliminate barriers to public involvement in decisions, programs, and services. Tenet 5. Submit policy proposals to elected officials; provide them with facts, and technical and professional advice about policy options; and collaborate with them in setting goals for the community and organization. Tenet 6. Recognize that elected representatives are accountable to their community for the decisions they make; members are responsible for implementing those decisions. 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. 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. COPYRIGHT © 2020 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. 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 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. If 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 8. 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 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. 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. Tenet 10. Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice. COPYRIGHT © 2020 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. 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 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 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" 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 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. COPYRIGHT © 2020 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. 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 such investments prior to accepting a position in a 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 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. Endorsements. Members should not endorse commercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, COPYRIGHT 0 2020 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. marketing materials, social media, or other documents, whether the member is compensated or not for the member's support. Members may, 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. COPYRIGHT © 2020 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED.