Hello Council,
While we don’t expect our elected officials to be perfect, the public expects you to remember who you work for and that you were
elected by the people. We expect you to follow the law, to be ethical and to make decisions for the good of the people in Menlo
Park. You have an opportunity to bolster public trust during your discussion on travel at your upcoming meeting. What you say and
do will speak volumes regarding your personal courage and your commitment to an ethical culture in Menlo Park.
The FPPC is currently investigating Councilmembers Keith and Carlton regarding their trips to China. I’ll wait for the FPPC’s
decision to comment further. However, I point out that the FPPC’s decision to investigate these two council members shows that
this agenda topic is important -- because the FPPC does not usually have the time to investigate local government matters.
The latest draft travel policy falls short. It’s a cosmetic-mostly update that omits the most needed new section: one covering
prohibited travel conduct while on personal trips (and the consequences for not following the provisions).
I was also disappointed that the staff report didn’t focus on the primary issues. The problems leading to this agenda topic should
have been the heart of the staff report. Instead, the problems were only obliquely referred to towards the end of the report.The
City Attorney’s office could have added draft provisions that made it easy for Council to modify and approve (or not) the
provisions, so they could be quickly enacted. Instead, the current approach will either delay (at best) or bury needed change. We
need more leadership, especially on any matter pertaining to ethics, from the City Attorney’s office.I realize that Council is
supposed to set policy. However, many other staff reports have explicitly been written with actionable recommendations, so I have
to wonder why this important staff report skirts around the real issues.
If staff shortages make it difficult to research and write needed documents, I volunteer my research and writing services to help.
Central issue #1: Misuse of Position
The policy needs to include specifics regarding use of title, official name tag, and general presence at meetings that give the
appearance of official endorsement by Menlo Park. The pictures of Councilmember Keith in the Chinese papers showed her wearing a
City of MP name tag and a MP tree pin. Whether it said “mayor” or “councilmember” is beside the point. Keith’s wearing the pin, in
the context of the overall quasi-official-looking gathering, conveyed that she represented Menlo Park. A video link also showed
her looking on while a document was signed. We need more explicit guidelines regarding participation in these types of events --
such as the below examples from other municipalities and the federal government.
Agencies
Example Policies pertaining to Misuse of Position
City of Mountain View Council Code of Conduct
Representing an Official City Position
“City Councilmembers may use their title only when conducting official City business, for information purposes, or as an
indication of background and expertise, carefully considering whether they are exceeding or appearing to exceed their authority.”
City of Santa Clara: Code of Ethics and Values
As a Representative of the City of Santa Clara, I will be ethical.
In practice, this value looks like:
…”I use my title(s) only when conducting official city business, for information purposes, or as an indication of background and
expertise, carefully considering whether I am exceeding or appearing to exceed my authority.
City of Placentia Code of Core Values and Ethics
As a Representative of the City of Placentia, I will be ethical.
In practice, I will:
…Use my title(s) only when conducting official city business, for information purposes, or as an indication of background and
expertise, carefully considering whether I am exceeding or appearing to exceed my authority.”
U.S. Department of Justice
“An employee may not use his public office for his own private gain or for that of persons or organizations with which he is
associated personally. An employee’s position or title should not be used to coerce; to endorse any product, service or
enterprise; or to give the appearance of governmental sanction.”
U.S. Department of Agriculture
“You may not use your official position title or authority to benefit yourself or anyone else. Specifically, you may not Give the
appearance of government sanction of private activity.”
Central Issue #2: Appearing to Represent MP at Quasi-Governmental Meetings Abroad
We especially need guidelines for personal travel to foreign countries that includes an appearance at any event that even remotely
appears to be a quasi-official function. We especially need these guidelines for travel to countries that have problematic
relationships with the U.S. for trade embargo reasons, sanctions, or for more serious ones such as an active war going on or
threat of a war. Unless something has changed lately, I believe that would include China. Certainly any country that the U.S. puts
on its Watch or Red Flag list should be ruled out.
Let’s also leave the diplomacy to the professionals in the State Department. Elected officials from MP, who don’t have an adequate
background regarding all the issues involved in trade arrangements, could be doing harm to broader U.S. foreign policy efforts.
Central Issue #3: Missing Council Meetings for Personal Travel
Councilmember Keith was in China on the day of a study session on Facebook’s “Willow Village.” Her personal trip was not for a
family emergency or other urgent matter. Who benefited the most from her trip? It certainly was not the residents of Menlo Park.
We need guidelines for Council member’s attendance at Council meetings and guidelines for what reasons count as acceptable reasons
for missing a meeting.
Central Issue #4: Prohibit accepting gifts or honoraria for foreign travel, regardless of the purpose.
While Council members are in office, I would like a blanket prohibition from accepting money for foreign travel. There is too much
potential for a foreign government, under the guise of a non-profit or some other shell front, to try to influence U.S. policy via
local elected officials. Facebook is a big name around the world and its headquarters location in MP puts our city on the radar
screen of entities that might want to unduly influence the U.S.We’ve already learned about attempts to influence elections via ads
and posts on Facebooks. Let’s avoid problems, by adding a blanket prohibition for accepting gifts or Honoria for foreign travel.
Staff Report
The section under the heading, Travel paid for by Third Parties or by City Council Members” confused me. First, the heading needed
to pertain to personal travel as that’s why the content was there. Then most of the details read as though accepting money beyond
the $470 limit could be okay under certain conditions. However, these weren’t detailed so the reader would need to dig for the
information. Given the cumulative total of recent ethics lapses, our elected officials need explicit guidelines instead of
potential wiggle room. For example, the reference to the “non-reportable source” needed to give some examples as to what those
might be and/or a pointer to more information.
As we are in an election season, it’s especially important to be very explicit and detailed. An informed public is less likely to
believe deliberate attempts to spread misinformation, such as some anonymous posters have tried to do on the Almanac’s Town Square
forum.
Need for Code of Ethics and Values & Conduct
I think it’s time for MP to develop a Code of Ethics and Conduct for Elected and Appointed Officials. Examples of these abound and
many of our neighboring cities have them. Clearly, they are needed. Again, I volunteer to write the draft based on best practices
from elsewhere.Others would also be willing to help. Let's take some real steps towards needed reforms in Menlo Park.
Lynne Bramlett
