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News - Local - livingston

Wednesday, Feb. 22, 2012

Livingston City Council working on code of conduct

Ethics scandals prompt rules on how to behave.

- mnorth@mercedsunstar.com

LIVINGSTON -- In a community where ethics haven't always been at the forefront in City Hall, they're working on a new tool to help both employees and elected officials stay on a virtuous path.

During Tuesday night's meeting, the Livingston City Council discussed a personal code of conduct and ethics for city staff, elected officials and volunteers, but decided to send it back to staff to refine how it is worded.

The code would detail how public officials should comply with the law, use their office for public good and not personal gain, and stay civilized.

"Everyone shall refrain from abusive conduct, verbal attacks upon the character or motives of other members of the City Council, boards, commissions, committees, staff or the public," according to a draft of the code, which goes on to explain that officials should report any form of abuse, fraud, bribery or other violations to law enforcement authorities.

The problems the code aims to prevent aren't foreign to Livingston's city government.

For example, a 2007-08 grand jury report provided insight into how then-councilman Rodrigo Espinoza and then-Mayor Gurpal Samra tried to pressure a former police chief to tow more cars in the city, a move that would've financially benefited Espinoza's towing company.

The report went on to detail how council members have micromanaged city employees and created an environment where staff has felt threatened and fearful of their jobs.

In 2010, Espinoza claimed the findings in the grand jury report relating to towing cars were false.

Samra, who's now a councilman, said the city has turned over a new leaf and ethical issues don't impede how the city runs.

Ethical scandals weren't a problem in Livingston until the city became politically divided over high water rate increases, he noted.

That's when the claws came out, and meetings often became contentious and disorderly.

Espinoza isn't the only council member who's owned a business that's interacted with the city, Samra added.

Cities near Livingston don't have comparable codes of ethics, but in Atwater, City Manager Kathy Kivley said officials and employees use a set of "core values" detailed on the city's website as guiding principles.

Merced doesn't have a code of ethics, but all council members take state-mandated ethics classes, said Mike Conway, city spokesman. The League of Cities also offers sessions to new council members that teaches them how to conduct themselves in their positions.

The council also approved a consultant for water system improvements during Tuesday's meeting. Kennedy/Jenks will serve as the consultant for the work, which is estimated to cost nearly $90,000. Kennedy/Jenks was recommended by a citizens' stakeholders committee.

Reporter Mike North can be reached at (209) 385-2453 or mnorth@mercedsunstar.com.

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