The proper operation of the municipal government of the Town
of Canton requires that all public officials and municipal employees,
whether elected or appointed, paid or unpaid, shall be impartial and
responsive to the public interest; that public office and employment
should not be used for personal gain or advantage; and that the public
have confidence in the integrity of its municipal government. Public
officials must take all steps necessary to avoid even the appearance
of a conflict of interest. Public office is a trust conferred by public
authority for public purpose. Public officials and municipal employees
should not place themselves in positions where private interests conflict
with public duty.
As used in this chapter, the following words or phrases shall
have the meanings ascribed to them in this section:
AGENCY
Any board, commission, authority and committee of the Town,
including the Board of Education and all ad hoc committees.
BOARD
The Town's Board of Ethics, as established hereunder.
BUSINESS WITH WHICH ASSOCIATED
"Business with which associated" and similar phrasing means
any profit/nonprofit sole proprietorship, partnership, firm, corporation,
trust or other entity in which an official, employee or consultant
or member of his/her immediate family is a director, officer, owner,
limited or general partner, beneficiary of a trust or holder of stock
constituting 5% or more of the total outstanding stock of any class.
"Business with which associated" shall not include a not-for-profit
entity solely by virtue of the fact that the official, employee or
consultant or member of his/her immediate family is an unpaid director
or officer of the not-for-profit entity.
CONFIDENTIAL INFORMATION
Information, however transmitted, that is obtained by an
official, employee or consultant by reason of his/her public position
and is of such a nature that, at the time of transmission, it is not
a matter of public record or public knowledge.
CONSULTANT
Any independent contractor or professional person or firm
that is engaged by and receives compensation from the Town for the
purpose of providing professional services and is in a position to
influence any decision of a Town agency, official or employee.
EMPLOYEE
For purposes of this chapter only, any person receiving a
salary, wages, or stipend for services rendered on behalf of the Town.
FINANCIAL INTEREST
Any interest that results or will result in a monetary or
other material benefit, either directly or indirectly, to an official,
employee or consultant or an immediate family member of an official,
employee or consultant, valued at more than $50 in any one calendar
year, and that is not common to all other citizens of the Town.
GIFT
Anything greater than $5 in value received in any one calendar
year from any one individual or entity to the extent that consideration
of equal or greater value is not received. "Gift" includes, but is
not limited to, entertainment, food, beverage, travel and lodging,
to the extent that the value thereof exceeds $5 for any one occasion,
and loans that are at less than a rate available to the general public.
"Gift" does not include:
A.
A political contribution that is otherwise reported in accordance
with the law.
B.
A loan made on terms that are commercially reasonable and not
more favorable than loans made in the ordinary course of business.
C.
Any gift, regardless of value, received from an immediate family
member.
D.
Certificates, plaques or other ceremonial awards having a value
of less than $75.
E.
Price rebates or discounts on anything of value made in the
ordinary course of business without regard to the recipient's
status.
F.
Items of nominal value, not to exceed $10, containing or displaying
promotional material.
G.
Honorary degrees bestowed by a public or private university
or college.
H.
For an event in which the official or employee participates
in his/her official capacity, the meal provided at and the payment
or waiver of registration or entrance fees to attend such event. Any
costs associated with travel or lodging would be considered a gift.
IMMEDIATE FAMILY
The spouse, domestic partner, children or dependent relatives
who reside in the official's, employee's or consultant's household.
OFFICIAL
Any person holding elective or appointive Town office, including
whether paid or unpaid, part-time or full-time, and shall include
members and alternate members of Town agencies, boards, commissions,
committees and subcommittees.
PERSONAL INTEREST
Any involvement of an employee, official or consultant in
which a matter under his/her consideration will result in the employee,
official or consultant, or his/her immediate family member, deriving
an advantage or benefit of a nonfinancial nature.
PROBABLE CAUSE
Determining whether the facts would warrant a reasonable
person to believe that an official, employee, consultant or other
person violated this code; the belief should be more than a mere suspicion
but less than proof beyond a reasonable doubt.
TOWN
The Town of Canton and, unless the context indicates otherwise,
shall include all political subdivisions and agencies, including the
Board of Education.