Code aimed to ensure a positive, productive working relationship among City Council, city manager and employees, and public
In a civilized society, certain rules of civility that apply during discourse in a public meeting, when properly drafted, strive to ensure that government leaders, and those with whom they converse in open sessions and in less formal settings, can participate in meaningful dialogue, as is guaranteed by the first amendments to both the U.S. Constitution and the Constitution of the State of California.
On Oct. 15, the Malibu City Council considered and passed a code of conduct for all city officials. Formally entitled,“City of Malibu Code of Conduct for Officials, including members of the City Council, Boards, Commissions, and Committees, and the City Manager, City Attorney and Treasurer,” the enactment sets forth provisions that are aimed to“ensure a positive, productive working relationship among City Council members, the City Manager, city employees, Malibu residents and other members of the public.”
The staff report recites that on Sept. 27, 2023, the City Council adopted a strategic work plan identifying 20 items as“Priority Projects,” and under the core focus of “Top Workplace Culture,” the provision highlighted several key areas such as recruitment and retention, workplace morale, and employee culture. The report notes that part of that process included drafting a Code of Conduct “to ensure there is a standard for treating one another in a kind and professional manner.”
A Policy Ad Hoc committee, consisting of Mayor Doug Stewart and City Councilmember Bruce Silversteincoordinated with staff to present the draft Code of Conduct, which passed by a 4-1 vote, with City Councilmember Steve Uhring abstaining. During discussion before the vote, most of those who spoke agreed that a standard of appropriate conduct is necessary in order to — as the Code states — “safeguard participatory democracy in Malibu.”
“We have an employee handbook for staff to follow, but what really wasn’t present in a concise way was a Code of Conduct,” Mayor Stewart told The Malibu Times. “The code we have passed consists of six pages of guidance and sets forth rules of the road for those involved in city government and constituents — it’s a codification of what we’reresponsible for.”
Stewart noted that the city and all those encompassed by the code are also expected to adhere to the Roberts Rules of Order in official proceedings.
During deliberations before the vote, Uhring opined that the genesis of drafting a code of conduct was a raucous May City Council meeting wherein councilmembers, members of the staff, members of the Malibu Township Council andmembers of the public debated about a pending permit for a motel to be constructed across from the Malibu Pier.
Readers may recall that after that meeting, Adrian Fernandez, a city employee in the Planning Department, claimed he was verbally attacked by Uhring and others, verbally attacked by members of the MTC, had his life threatened by one of Uhring’s supporters, and that there was severe dysfunction in what Fernandez characterized as a toxic work environment. Fernandez has since left the City of Malibu and works as the community and economic development director for the City of Lomita.
“Passing the Code of Ethics and the discussion about that definitely involved the motel/hotel issue,” said Jo Drummond, MTC president, noting that organization sent a letter to the council protesting enactment of the code.
“Malibu Township Council participates civilly at city hearings over the past five years that I have attended as a resident or current president,” Drummond said. “Malibu Township Council denies the spurious allegations of the disgruntled, former city employee who wrote a deficient report recommending the Malibu Inn motel/hotel.”
Drummond added, “The MTC adamantly opposes the provision of the Code of Conduct policy that adds the ability of the majority of the council to remove commissioners and other appointees without the appointing councilmembers’approval thus limiting debate.”
Drummond referred to an enforcement provision in the code, which states that a majority of the council can, when itdeems an appointed commissioner’s behavior violative of the Code of Conduct, remove that commissioner without agreement from the councilmember who appointed that commissioner.
“I won’t sign the Code of Conduct!” Commissioner John Mazza told The Malibu Times. His objections parrot those of the MTC. “The Code the council passed limits complete debate because those deliberating will know they face being removed from their post if what they say offends a majority of the City Council,” Mazza said.
Mazza characterized the provisions of the code that detail what constitutes behavior warranting a removal vote as “very vague.”
During the City Council meeting, Silverstein noted that the provisions in the code are aspirational in nature.
“My goal was to make sure that there was absolutely nothing in here that was dictating activity which was legally permissible,” Silverstein said. “There is no restriction on any legally permissible activity, and not to mandate that anybody do anything.”
Some in Malibu strenuously object to the code provision concerning commissioner removal.
“Inserting the ability for a majority of three councilpersons to remove a minority councilperson’s appointee into the Code of Conduct exposes a political game plan,” Ryan Embree opined. “It’s just so wrong — it’s such a power grab!”
Embree proposes adopting the City of Calabasas’ procedure for choosing commission members.
“It’s better to vet the candidates for a commission position in the appointment process,” he suggested. “Calabasas vets appointees as a whole and ratifies them as a whole — the vetting happens up front and the council votes for them.”
For now, the Code of Conduct stands and includes the provision that a majority of the council can remove appointed commissioners. Notably, adoption of a Code of Conduct was urged by the California Joint Powers Insurance Agency, which has 33 city members, including Malibu, and advises participating cities on risk management best practices. Arecent meeting between the Malibu City Council and key staff with the JPIA addressed how the city’s representatives should comport themselves in the workplace, Stewart stated. He noted that minutes of that presentation are not available.