(1)
General standard. All Town officials shall attempt
to avoid an actual or perceived financial conflict of interest by
abstention or disclosure. The Town of Wells establishes these provisions
in addition to those set forth in 30-A M.R.S.A. § 2605.
(2)
Definitions. For the purposes of this article, the
following definitions apply: "Official" means an elected or appointed
member of a Town board. "Family member" means an official's grandparents,
spouse, parent, child, sister, brother, stepparent, stepchild, stepsister,
stepbrother, mother-in-law, father-in-law, brother-in-law, sister-in-law,
son-in-law, daughter-in-law, and a person with whom any of the foregoing
share a committed relationship. "Financial interest" means any direct
or indirect interest involving at least 10% ownership in a public
or private economic entity, or direct or indirect ownership or control
of real property.
(3)
Disclosure. If an official, employee or family member
has a financial interest in an issue before the official's board,
the official shall disclose that interest and:
(a)
Abstain from all board discussion debate, and
voting on the issue until concluded; or
(b)
Request a determination be made on the question
if the issue involves a financial conflict of interest sufficient
to disqualify the member from participation.
(c)
An official involved in the negotiation or award
of a contract does not have a financial conflict of interest when
the contract is the result of a publicly advertised bid procedure.
(4)
Determination protocol. Upon disclosure and request
for determination, the determination is made by the board members
present, excluding the member in question, by majority vote, unless
a greater number is required by rule, ordinance, or this Charter.
If the vote favors disqualification, the member is excused from all
board discussion, debate, and voting on the issue until concluded
and is recorded as abstaining.
(5)
Record of conflict. The meeting minutes shall reflect
any abstention due to conflict and the reasons therefor.
(6)
Rights retained. An official who is excused from an
issue due to the provisions of this section retains the right to such
participation as is afforded members of the public.
The Town shall maintain and update a Code of Ethics as described in Chapter 230 of the Code of the Town of Wells.
(1)
Equal opportunity. No person shall be appointed to
or removed from, or in any way favored or discriminated against with
respect to any Town position or appointive Town administrative office
because of race, gender, age, nationality, handicap, sexual orientation,
political or religious opinions or affiliations.
(2)
Impartiality. No person shall willfully make any false
statement, certificate, mark, rating or report in regard to any test,
certification or appointment under the personnel provisions of this
Charter or the rules and regulations made hereunder, or in any manner
commit or attempt to commit any fraud preventing the impartial execution
of such provisions, rules and regulations.
(3)
Wrongful monetary consideration. No person who seeks
appointment or promotion with respect to any Town position or appointive
Town administrative office shall directly or indirectly give, render
or pay any money, service or other valuable thing to any person for
or in connection with any test, appointment, proposed appointment,
promotion or proposed promotion.
(4)
Political solicitation. No Town official shall directly
or indirectly, orally, by letter or otherwise solicit or assist in
soliciting from any person in the employ of the Town any assessment,
subscription or contribution for any political party or political
purpose whatever.
(5)
Withholding information. With the exception of information
that is confidential by statute, no Town official shall withhold information
of any nature relevant to a matter before any board.
(6)
Use of public resources. No Town official shall use
public resources that are not available to the general public for
private or personal gain, e.g., Town staff time, equipment, supplies
or facilities.
(7)
Gifts and favors. No Town official shall, by virtue
of public office or position, take advantage of services or opportunities
for personal gain that are not available to the public in general.
Examples of services or opportunities for personal gain are gifts
of any kind, favors, promises of future gifts or gain.
The clerks of the Supreme Judicial, Superior
and District Courts may issue summonses for witnesses to attend and
produce books, documents and papers at any meeting of the Board of
Selectmen for the Town of Wells at which a hearing is had in any matter
regarding any alleged dereliction of duty by Town officers or employees.
Every official of the Town shall, before entering
upon the duties of the office, take and subscribe to the following
oath or affirmation, to be filed and kept in the office of the Town
Clerk:
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"I solemnly swear (or affirm) that I will support
the Constitution and will obey the laws of the United States and of
the State of Maine; that I will, in all respects, observe the provisions
of the Charter and ordinances of the Town of Wells, and will faithfully
discharge the duties of the office of _________________, so help me
God."
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