[HISTORY: Adopted by the Common Council of the City of Burlington
by Ord. No. 8-1997 (Ch. 2.80 of the 1996 Municipal Code). Amendments noted where applicable.]
A.
The public judges its government by the way public officials conduct
themselves in the posts to which they are elected or appointed.
B.
The people have a right to expect that every public official will
conduct himself/herself in a manner that will tend to preserve public
confidence in, and respect for, the government he/she represents.
C.
Such confidence and respect can best be promoted if every public
official, whether paid or unpaid, and whether elected or appointed,
will uniformly:
D.
One of the objectives of the code is to help public officials achieve
these goals.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person employed by the City or its utilities and listed
on the City or utility payroll either on a full-time, part-time or
temporary basis.
Any interest which shall yield, directly or indirectly, a
monetary or other material benefit, other than the duly authorized
salary or compensation for services to the City, to the official or
to any person employing or retaining the services of the official.
Any person, other than a City employee, elected, appointed
to or retained as a professional advisor by any public office or public
body of the City, whether paid or unpaid and whether part-time or
full-time.
Any interest arising from blood or marriage relationships
or from close business or association whether or not any financial
interest is involved.
Any agency, board, body, commission, committee, department
or office of the City.
A.
Impartiality. No official or employee shall grant or make available
to any person any consideration, treatment, advantage or favor beyond
that which it is the general practice to grant or make available to
the public at large.
B.
Use of public property. No official or employee shall request, use
or permit the use of any publicly owned or publicly supported property,
vehicle, equipment, labor or service for the personal convenience
or the private advantage of himself/herself or any other person. This
rule shall not be deemed to prohibit an official or employee from
requesting, using or permitting the use of such publicly owned or
publicly supplied property, vehicle, equipment, material, labor or
service which it is the general practice to make available to the
public at large or which are provided as a matter of stated public
policy for the use of officials and employees in the conduct of official
business.
A.
Disclosure and disqualification. Whenever the performance of his/her
official duties requires any official, advisor or employee to deliberate,
act or vote on any matter involving his/her own financial or personal
interest, he/she shall publicly disclose the nature and extent of
such interest and disqualify himself/herself from participating in
any discussion or decision. He/she shall physically remove himself/herself
from public or private deliberations or voting, and shall not take
an action in his/her capacity as a City official, advisor or employee
relating to such matter.
B.
Representation of private persons. No official or employee shall
appear on behalf of or represent any private person other than himself/herself
or a corporation or entity by whom he/she is employed and from whom
he/she receives more than 50% of his/her annual income before any
public body in the City.
C.
Gifts and favors. No official or employee shall accept any gift,
whether in the form of money, thing, favor, loan or promise, intended
to influence any official action.
D.
Confidential information.
(1)
No official, advisor or employee shall, without prior formal authorization
of the public body having jurisdiction, disclose any confidential
information concerning any other official or employee to any other
person or property in the City or the governmental affairs of the
City.
(2)
Whether or not it involves disclosure, no official shall use or permit
the use of any such confidential information to advance the financial
or personal interest of himself/herself or any other person or entity.
Upon the complaint of any person alleging facts which, if true,
would constitute improper conduct under the provisions of this chapter,
the Council, or its duly designated agent, shall conduct a full investigation
to determine whether there are sufficient facts supportive of the
complaint to warrant a public or private hearing. In the event the
Council finds that probable cause exists, it shall at once notify
and serve a copy of the complaint upon the accused person. Such accused
person shall have the option of having either a public or private
hearing before the Council. In the event a private hearing is conducted
and the accused person is found guilty, such person may request a
public hearing to be held before the Council in accord with all the
requirements of due process of law, at the end of which the Council
shall make written findings of fact and conclusions based thereon
concerning the propriety of the conduct of the official advisor or
employee complained of.
In the event the Council makes a determination that the conduct of any official advisor or employee was improper under the provisions of § 33-5, it shall take such action for censure, suspension or removal from office or employment as it deems appropriate.
None of the provisions of this chapter shall operate or be construed
to violate any state statutes or valid collective bargaining agreements.
Such statutes and agreements containing provisions which are contrary
to §§ 3-5 and 33-6 shall not be affected thereby, but
the provisions of §§ 3-5 and 33-6 shall remain effective
and be applicable to all officials, advisors and employees not governed
by such contrary provisions of state statutes or collective bargaining
agreements.
