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Ethics is
defined by
Webster as the
rules or
standards
governing the
conduct of the
members of a
profession.
Ethical conduct
must be based
upon justice and
fair play in the
fullest sense.
The purpose of
this code is to
assemble a body
of principles to
guide members of
the California
Municipal
Treasurers
Association as
they confront
ethical problems
when carrying
out their
duties and
responsibilities.
According to
Henry J.
Wirtenberger,
S.J. author of
"Morality and
Business", two
virtues stand
out in
evaluating the
quality of human
conduct. They
are justice and
prudence.
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(1) St.
Thomas
Aquinas
defined
justice
as "a
cardinal
virtue
whereby
one has
the
constant
and
perpetual
will to
give to
others
whatever
is due
them." |
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(2)
Prudence
is the
ability
by which
a person
learns
to
differentiate
between
what is
good and
what is
evil,
i.e.,
capable
of
exercising
sound
judgment
in
practical
matters.
According
to
Aristotle's
brief
definition,
"Prudence
is a
reasonable
way of
doing
things." |
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Using the
foregoing
principles of
justice and
prudence as
guides, the
following Code
of Ethics
shall govern the
professional
conduct of
active members
of the
California
Municipal
Treasurers
Association.
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(1) To
protect,
preserve
and
maintain
intact
cash,
investments
and
other
assets
placed
in trust
with the
Treasurer
on
behalf
of the
residents
of the
community.
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(2) To
promote
principles
of good
government.
To be
dedicated
to the
concepts
of
effective
and
efficient
local
government
service
being
provided
by
elected
and
appointed
Treasurers.
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(3) To
maintain
personal
conduct
in such
a manner
as will
enhance
the
stature
of the
profession
and its
ability
to serve
the
public.
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(4) To
observe
the
profession's
technical
standards
and
continually
strive
to
improve
the
Treasurers’
level of
competence.
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(5) To
be
dedicated
to the
highest
ideals
of
honor,
integrity,
and
objectivity
in all
public
and
professional
relationships,
and to
function
within
existing
legal
guidelines.
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(6) To
promote
cooperation,
good
relations,
bonds of
friendship
and
mutual
understanding
among
the
membership.
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(7) To
encourage
the
development
of clear
lines of
communication
between
residents
and
elected
officials,
administrative
officers
and
employees.
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(8) To
resist
encroachments
upon
areas of
responsibility,
as the
Treasurer
must be
free to
carry
out
official
duties
without
interference.
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(9) To
seek no
personal
advantage
or gain
as a
result
of the
position
occupied,
or due
to the
commission
of a
questionable
act.
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By accepting
membership, each
member agrees to
be bound and
governed by the
Code of Ethics
and the Code of
Professional
Conduct as
adopted by CMTA.
CALIFORNIA
MUNICIPAL
TREASURERS
ASSOCIATION
CODE OF
PROFESSIONAL
CONDUCT
(As Amended by
the Board April
2001)
I. THE
ASSOCIATION
The California
Municipal
Treasurers
Association
(CMTA) is a
professional
association of
public
treasurers
organized in
1959.
II. PURPOSE
The purpose of
the Association
shall be to
promote
professional
standards for
publicTreasurers
and a fraternal
fellowship among
the members.
III. GENERAL
POLICY STATEMENT
The code was
prepared as a
policy statement
regarding how a
member of CMTA
approaches
matters
involving
professional
conduct. It is a
fundamental
principle that
professional
conduct
for a public
treasurer should
exist at a level
well above the
minimum required
by law.
IV. GENERAL
RESPONSIBILITIES
The Treasurer
performs at
least the
following basic
functions:
(1) Acts as
trustee and
custodian of all
jurisdiction
monies.
(a) The
Treasurer's
primary
responsibility
is to maintain
the safety of
monies placed in
his/her public
trust.
(b) In order to
limit exposure
to risk,
investment
transactions
should be
executed with
bankers
and brokers with
adequate capital
resources, and
purchases should
be limited to a
small percentage
of the firm's
capital and
surplus.
(2) Disburses
public monies in
accordance with
prescribed
statutes in a
timely manner.
(a) The receipt
of revenues and
maturities of
investments
should be
scheduled so
that
adequate cash
will be
available to
meet
disbursements.
(b) An adequate
percentage of
the portfolio
should be
maintained in
liquid
short-term
securities
to be converted
to cash if
necessary.
(c) The weighted
average life of
the general
governmental
portfolio should
be maintained
within limits
dictated by the
cash flow needs
of the
jurisdiction.
(d) Yield
becomes a
consideration
only after the
basic
requirements of
safety and
liquidity
have been met.
(3) Invests
temporarily idle
monies in
accordance with
State or local
statutes,
regulations and
administrative
directives.
(Section 53601
et seq. of the
Government
Code.)
(a) Purchase of
securities
should be made
on the basis of
competitive bids
when practical.
(b) Security
purchases and
holdings are to
be maintained
within statutory
limits imposed
by
the Government
Code or local
ordinance.
V. REPORTS
The Treasurer
shall file
reports as
required by
various sections
of the
Government Code.
VI. HEARINGS
RELATED TO
ALLEGATIONS OF
PROFESSIONAL
MISCONDUCT
A violation of
CMTA’s code of
professional
conduct is
grounds for
suspension
and/or
termination of
CMTA membership.
Upon receiving
allegations that
a CMTA member
has
violated
provisions of
CMTA’s code of
professional
conduct from
another CMTA
member, the
President and
board shall do
the following:
(1) Board
Notification by
President.
The President
shall notify
board members
that an
allegation has
been made and
shall forward
all background
information
provided. The
Board will then
determine by
conference call
or Fax vote if a
Board hearing
should be
scheduled.
(2)
Discussion at
Board Meeting.
If the Board
determines a
vote is
required, the
Board
shall schedule
the matter for
discussion and
action at a
regularly
scheduled CMTA
Board
meeting.
(3) Notice
and Opportunity
to Be Heard.
The President
shall notify the
delegate/member
whose conduct is
at issue of the
fact and nature
of the
allegations, as
well as the
delegate/member’s
opportunity to
provide the
Board additional
information
relating to
the allegations.
Such notice
shall occur at
least four weeks
prior to the
Board meeting at
which the
allegations will
be discussed.
The member may
provide the
Board
information
orally at the
board meeting,
or in writing at
least four days
prior to the
Board meeting,
or
both.
(4) Board
Deliberation and
Discussion.
After
considering all
of the
information
received,
the Board may,
by a majority
vote, do one of
the following:
a. Find that no
violation
occurred and
continue the
delegate/representative’s
membership in
good standing.
b. Depending on
the severity of
the violation(s)
the Board find
occurred:
i. Suspend
delegate/representative’s
membership for a
specified
period, or
ii. Terminate
the
delegate/representative’s
membership.
Suspensions and
terminations
shall be
effective
immediately.
(5)
Reinstatement.
Any
delegate/representative
who has been
terminated may,
for good
cause shown,
petition for
reinstatement.
(6) Notice to
Agency. If
the Board
determines that
suspension or
termination is
appropriate,
it may provide
written notice
of its decision
and the basis
therefore to the
delegate/representative’s
employer.
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