Senate ResolutionNo. 45


Introduced by Senators Steinberg and De León

May 14, 2014


Senate Resolution No. 45—Relative to the Standards of Conduct of the Senate.

P1    1WHEREAS, Public office is a public trust; and

2WHEREAS, That trust is eroded by actions that appear to place
3the private interests of public officials above the public good; and

4WHEREAS, The proper operation of democratic government
5requires that public officials be independent and impartial, that
6government policy and decisions be made through the established
7processes of government, that public officials not use public office
8to obtain personal benefits, that public officials avoid actions that
9create the appearance of using public office to obtain a personal
10benefit, and that the public have confidence in the integrity of its
11government and public officials; and

12WHEREAS, In pursuit of these goals; now, therefore, be it

13Resolved by the Senate of the State of California, That the
14Standards of Conduct of the Senate are as follows:

15First--Each Senator shall conduct himself or herself so as to
16justify the high trust reposed in him or her by the people and to
17promote public confidence in the integrity of the Senate.

18Second--A Senator or officer or employee of the Senate shall
19not engage in unethical conduct or tolerate such conduct by others.
20Each Senator and each officer or employee of the Senate has a
21responsibility to report any apparent and substantial violation of
22these standards and to consult with the Senate Committee on
23Legislative Ethics or, at the option of the individual, the Senate
24ombudsperson regarding the propriety of any conduct that may
25violate these standards. Moreover, a Senator or officer or employee
P2    1 of the Senate shall not retaliate against a person who reports a
2possible violation of these standards or consults about conduct that
3may violate these standards, or against a person who the Senator,
4officer, or employee believes made such a report.

5Third--Each Senator and each officer or employee of the Senate
6has an obligation to exercise his or her independent judgment on
7behalf of the people of California, rather than for personal gain or
8private benefit.

9(a) A Senator or officer or employee of the Senate shall not seek
10or accept anything from anyone that would interfere with the
11exercise of his or her independent judgment.

12(b) A Senator or officer or employee of the Senate shall not
13accept outside employment that is inconsistent with the
14conscientious performance of his or her duties.

15(c) A Senator shall not use the prestige of his or her office, and
16an officer or employee of the Senate shall not use the status of his
17or her position, for material or financial gain or private benefit.

18Fourth--Each Senator has an obligation to provide energetic
19and diligent representation, and each officer or employee of the
20Senate has an obligation to provide energetic and diligent service
21on behalf of the Senate, with due consideration for the interests of
22all of the people of California.

23(a) Each Senator and each officer or employee of the Senate
24has an obligation to be informed and prepared, recognizing all
25sides of an issue.

26(b) Each Senator and each officer or employee of the Senate,
27when intervening on behalf of a constituent with any governmental
28agency, shall make every effort to ensure that decisions affecting
29any constituent are made on their merits and in a fair and equitable
30manner.

31(c) Each Senator shall be accessible to all constituents, making
32a special effort to attend to the concerns of those who might not
33otherwise be heard.

34(d) Each Senator shall fairly characterize the issues confronting
35the Legislature and accurately inform the public regarding the
36conduct of his or her office.

37Fifth--Each Senator and each officer or employee of the Senate
38has an obligation to the public and to his or her colleagues to be
39informed about, and abide by, the rules that govern the proceedings
40of the Senate and the Legislature.

P3    1(a) Each Senator shall perform his or her duties with courtesy
2and respect for both colleagues and those who may appear before
3the Senate.

4(b) In exercising the power of confirmation, each Senator shall
5act with due regard for the general welfare of the people of
6California.

7(c) Each Senator and each officer or employee of the Senate,
8when exercising oversight functions with respect to any
9governmental agency, shall act in an informed fashion, with
10attention to the underlying policies being implemented and with
11due respect for the independence of the agency.

12Sixth--Each Senator, and each officer or employee of the Senate,
13acting in a position of leadership shall exercise his or her power
14and carry out his or her responsibility so as to enhance reasoned
15and visible decision-making by the Senate.

16Seventh--Each Senator has an obligation to treat each officer
17or employee of the Senate with fairness and without discrimination,
18and to ensure that each officer or employee performs only those
19tasks for which there is a legislative or governmental purpose.

20Eighth--Each officer or employee of the Senate has an obligation
21to perform his or her properly assigned duties using his or her best
22judgment with diligence and a duty of loyalty to the Senate as an
23institution.

24Ninth--Each Senator and each officer or employee of the Senate
25has an obligation to make proper use of public funds.

26(a) A Senator or an officer or employee of the Senate shall not
27use state resources for personal or campaign purposes.

28(b) Each officer or employee of the Senate is free to volunteer
29for, and participate in, campaign activities on his or her own time,
30but an officer or employee of the Senate shall not be intimidated,
31coerced, or compelled, as a condition of continued appointment
32or employment, to either volunteer time or contribute money to a
33candidate or campaign.

34(c) A Senator or an officer or employee of the Senate shall not
35discuss legislative business of any kind while attending or hosting
36an event at which campaign funds or contributions are solicited,
37provided, or discussed.

38Tenth--Each Senator and each officer or employee of the Senate
39shall uphold the Constitution of California and the Constitution
P4    1of the United States, and shall adhere to the spirit and the letter of
2the laws, rules, and regulations governing officeholder conduct.

3Eleventh--Each Senator and each officer or employee of the
4Senate shall conduct himself or herself in the performance of his
5or her duties in a manner that does not discredit the Senate.

6Twelfth--Each Senator and each officer or employee of the
7Senate is expected to report to the proper authority any apparent
8and substantial violation of these standards or related statutes,
9regulations, or rules, and to consult with the Senate ombudsperson,
10the Senate Committee on Legislative Ethics, or any other
11appropriate governmental agency regarding the propriety of any
12conduct that may violate these standards.



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