[Added 9-23-1965 by Ch. No. 1061; Ref. of 11-6-1990, Sec.
1]
The proper operation of democratic government requires that
actions of public officials and employees be impartial; that government
decisions and policy be made in the proper channels of the government
structure; that public office not be used for personal gain; and that
the public have confidence in the integrity of its government. In
recognition of these goals, there is hereby established a Code of
Ethics for all elected officials, appointed officials and employees
appointed by the mayor, city council, independent boards or commissions
or duly appointed in accordance with the provisions of this Charter.
The purpose of this code is to establish ethical standards of conduct
for all such officials and employees by setting forth these acts or
actions that are incompatible with the best interest of the city.
No appointed or elected official or employee of the city shall
use his official position for personal gain, or shall engage in any
business or transaction or shall have a financial or other interest,
direct or indirect, which is in conflict with the proper discharge
of his official duties.
[Amended Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
No elected or appointed official or member of any board or commission
of the city shall hold any other public office or public employment
carrying a salary, or any other elective municipal office in the city,
except that of notary public, member of the state militia or member
of the armed forces of the United States, unless and until he/she
shall have resigned his or her office. If any elected or appointed
official or member of any board or commission, while in public office,
is convicted of a felony or any other crime involving moral turpitude,
he shall immediately forfeit his office.
[Amended Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
No person shall become an employee of the city, nor be permitted
to remain an employee of the city, if he/she shall be or become an
elected official of the city or a member of a board or commission
of the city.
Nothing herein contained shall be construed to prohibit any
elected or appointed official of the city or a member of a board or
commission of the city or any employee of the city from accepting
appointment to any commission of the city, state or federal government
created for the purpose of making any investigation or study; provided,
there shall be no remuneration attached to such services, and provided
further, that no such elected official or employee of the city shall
be appointed to any independent board or commission of the city unless specifically authorized in this Charter.
[Amended Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
No elected official or employee of the city, member of any board
or commission of the city shall, except as in this Charter may be
specifically provided:
(a)
Directly or indirectly make any contract with the city, other
than his own employment contract, or
(b)
Receive any commission, discount, bonus, gift, contribution
or award or any share in the profits of any person, corporation or
partnership making or performing such a contract.
[Amended Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
The city shall not enter into any contract with any elected
official or employee of the city, member of any board or commission
of the city, other than employment contracts with employees of the
city and contracts for services of auctioneers, constables and sheriffs.
When a contractor with the city shall be a corporation or voluntary
stock association, the ownership of less than five per cent of the
stock or shares actually issued shall not be considered as involving
an interest in the contract within the meaning of the foregoing sections,
and such ownership shall not affect the validity of the contract,
unless the owner of such stock or shares is also an officer, director
or agent of the corporation or association, or solicits or takes part
in the making of the contract.
No appointed or elected official or employee of the city, or
member of any board or commission of the city, shall collect any fees
or perquisites for his own use, but such fees or perquisites, collectible
under law, shall be paid into the city treasury, except fees of auctioneers
and constables.
No appointed or elected official or employee of the city, members
of boards or commissions shall solicit or accept any valuable gift,
whether in the form of service loan, thing, or promise from any person,
firm or corporation which is interested directly or indirectly in
any manner whatsoever in business dealings with the city; nor shall
anyone:
(a)
Accept any gift, favor or thing of value that may tend to influence
him in the discharge of his duties, or
(b)
Grant in the discharge of his duties any improper favor, service
or thing of value.
No appointed or elected official or employee of the city, or
member of any board or commission of the city, shall use city property
for private purposes or use public facilities for the purpose of conducting
private business.
[Amended Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
No appointed or elected official or employee of the city, or
member of any board or commission of the city, or any contractor of
the city or any subdivision thereof, for the period of the contract,
shall represent private interests in any action or proceedings before
municipal officials, agencies and courts or any subdivision of the
aforesaid in any matter in which the city is a part.
No appointed or elected official or employee of the city, or
member of any board or commission of the city, shall engage in or
accept private employment or render services for private interests
when such employment or service is incompatible with the proper discharge
of his official duties or would tend to impair his independent judgment
or action in the performance of his official duties.
No appointed or elected official or employee of the city, or member of any board or commission of the city shall, without proper legal authorization and in accordance with the provisions contained in Article
IX of this Charter, disclose confidential information concerning the property, government or affairs of the city. Nor shall be use such information to advance the financial or other private interest of himself or others.
Any appointed or elected official or employee of the city, or
member of any board or commission of the city who has a direct or
indirect financial or other private interest in any proposed legislation
and who participates in discussion before or gives official opinion
to the council, shall publicly disclose the nature and extent of such
interest, and the disclosure shall be entered in the records of the
council.