Section 2.15 of the Independence City Charter states:
Councilmembers shall deal with the administrative service solely through the city manager; and no councilmember shall give orders to any subordinate of the city manager either publicly or privately. Notwithstanding, councilmembers may otherwise contact such officers and employees for the purpose of inquiry on matters of concern, but shall not direct such officers and employees in the performance of their administrative duties. If any councilmember violates any provision of this section, said councilmember shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than twenty-five (25) dollars nor more than five hundred (500) dollars. Any such conviction of any councilmember shall be cause for removal from office, and such councilmember shall be automatically removed by the said conviction effective at the expiration of the period during which he/she may appeal or, in case of appeal, when the case is finally determined.
In order to provide better enforcement of this Charter requirement, Councilmember Hobart requests a resolution be added to amend the Council Rules of Procedure to create a City Council Code of Conduct. The Independence City Council Code of Conduct is designed to describe how Council members should act while representing the City of Independence. It defines more clearly the behaviors that are suitable for certain occasions. The constant and consistent themes through this document are dignity, honesty, and respect. This document is intended to provide general guidance for Council members; it is not an exhaustive list of all situations. Key provisions include:
1. Engagement with City staff. Under this amendment, the Mayor and/or any member of the City Council would be required to report any interaction with a subordinate employee of the City Manager to the City Clerk. The report shall contain the following information:
-The date of the conversation with City staff;
-The staff member(s) contacted;
-The topic(s) discussed; and,
-An indication of whether or not the City Manager was notified of said conversation.
This information would be reported to the City Clerk and shared publicly via the "Information Only" section of the Regular Council Meeting at each meeting.
2. Council Conduct with the Public. Make no promises on behalf of the Council. Demonstrate honesty and respect for all.
3. Council Conduct with Other Public Agencies. Be clear about representing the City or personal interests. Be clear if a statement is the majority or minority opinion of the Council.
4. Council Conduct with the Media. Council members should contact the City Communications Officer prior to speaking with the media for advice and guidance as well as to ensure adherence to the City’s adopted Communications Plan.
5. Council Conduct with Developers, Real Estate Brokers, and Agents of Developers: Council members may not discuss a prospective application for a development project, land use decision, or economic development tool with any potential applicant without being in the presence of the City Manager or his or her designee.
6. Violations: City Council members who violate this Code of Conduct may be reprimanded, formally censured, or removed from office as prescribed by Section 5.5 of the Independence City Charter.