In early May 2025, the Los Gatos Town Council introduced a proposed Boards, Committees, and Commissions (BCC) Code of Conduct Policy designed to set expectations for commissioners’ behavior, public communications and interactions with Town staff and the public. The intent is reasonable: to promote ethical standards, align with Town values, and provide a clear process for addressing misconduct.
However, as a current commissioner—and someone who values civic engagement and the volunteer spirit of our town—I believe the draft policy may constrain independent speech, centralize control over commission communications and discourage the open dialogue that strengthens democratic governance.
The draft outlines new rules:
- Public communications: Commissioners must state clearly that they speak only for themselves, not for the Town or their commission—a reasonable standard.
- Pre-approval of letters: Official commission communications must be approved by the Town Council before being sent.
- Media inquiries: Commissioners must refer questions to Town staff and are barred from providing official responses without approval.
- Discipline procedure: A formal process allows complaints to be submitted and evaluated by the mayor and Town Manager. Sanctions may include written reprimands or removal by Council.
Comparison to Palo Alto
In contrast, Palo Alto’s Code of Conduct emphasizes independent judgment and trust in commissioners to represent their commissions without prior approval.
It encourages commissioners to:
- Communicate openly while clearly stating when they speak as individuals, but they are allowed to send official commission communications without pre-approval.
- Respond to media inquiries with honesty and accuracy, coordinating with staff but not being strictly prohibited from independent communication.
- Participate fully in commission deliberations and public discussions, with disciplinary measures focusing primarily on clear legal or ethical violations.
Palo Alto’s approach strikes a balance between accountability and the autonomy necessary for commissioners to contribute meaningfully. This model fosters robust public engagement, trusting volunteers to act responsibly without excessive top-down control.
Reason for concern
Los Gatos’ draft policy overreaches in ways that could undermine commission independence and community engagement.
Requiring approval before commission members send letters—especially those representing consensus—undermines open discourse. Commissions are advisory bodies of informed community volunteers. If they can’t speak as a group without oversight, their ability to influence public policy meaningfully is limited.
Even more concerning is the discouragement of commissioners speaking independently, even when they clarify that they do not represent the Town. This could suppress community voices, especially dissenting or minority viewpoints.
The media rules concentrate communication authority with the mayor, Town Manager and Council. This top-down structure clashes with the collaborative nature of community-based governance. While coordination is important, commissioners should not need permission to publicly discuss matters within their scope.
The enforcement language includes terms like “unprofessional behavior” or “minor breaches of decorum” that are open to subjective interpretation. Without clear definitions and due process, enforcement could become inconsistent or politicized.
Major violations range from criminal conduct to “deliberately making misleading statements”—an overly broad category that could be used to suppress uncomfortable but legitimate viewpoints. Accountability is essential, but it must be based on fair, clear and narrowly defined standards.
Commissioners are volunteers who give their time and expertise freely.
If the Town imposes overly restrictive communication controls, it may deter future participation. People are less likely to serve if their voices are muted or their actions are scrutinized through a political lens.
What’s the alternative?
A strong Code of Conduct is valuable. It should emphasize professionalism, collaboration, and ethical integrity. But it should also:
- Protect commissioners’ right to speak independently when clearly stating they do so in a personal capacity.
- Allow commissions to issue communications without Town Council censorship.
- Define violations narrowly and apply a fair, transparent process for enforcement.
- Treat commissioners as trusted partners in governance—not just appointees under oversight.
Los Gatos thrives when residents are engaged, informed, and unafraid to speak. While the Town Council’s efforts to build a more professional civic culture are commendable, the draft policy risks sacrificing too much in terms of expression, trust, and independent thought.
Let’s build a Code of Conduct that supports—not stifles—the volunteer voices that help make our town better.
