A.
The public judges its government by the way public
officials and employees conduct themselves in the posts to which they
are elected or appointed. The people have a right to expect that every
public official and employee will conduct himself in a manner that
will preserve public confidence in and respect for the government
he represents. Such confidence and respect can best be promoted if
every public official and employee, whether paid or unpaid and whether
elected or appointed, will uniformly:
B.
All officials and employees of the Municipality, before
commencing their official duties, shall affirm to this Code of Ethics.
The signed affirmation shall be filed with the Municipal Secretary.
The following terms, when used in this article,
shall mean or indicate as follows:
Any interest which shall yield, directly or indirectly, a
monetary or other material benefit to the official or employee or
to any person employing or retaining the services of the official
or employee. This shall not include cases where the official or employee
is associated with a transaction with the Municipality in a manner
where such official or employee has no possible influence in the transaction.
Includes any agency, board, commission, council, committee,
department or other unit of the Municipality.
An individual, firm, corporation, association or other entity
participating in or intending to participate in any transaction with
the Municipality in any manner which would give the person, firm,
corporation, association or other entity a personal or financial interest
in the transaction.
Any interest arising from blood or marriage relationships
or from close business association, whether or not any financial interest
is involved.
Includes but is not limited to any proceeding, application,
submission, request for ruling or other determination, contract, lease,
claim, case, award, decision, judgment or legislation, including ordinances
and resolutions.
No official or employee shall grant or make
available to any party any consideration, treatment, advantage or
favor beyond that which it is the general practice to grant or make
available to the public at large.
A.
Disclosure and disqualification. Whenever the performance
of his official duties shall require any official or employee to deliberate
and vote on any matter involving his financial interest or personal
interest, he shall publicly disclose the nature of such interest and
disqualify himself from participating in the deliberation as well
as the voting.
B.
Incompatible employment. No official or employee shall
engage in private employment with or render services for any party.
Except where authorized by law or this code, no official or employee
shall hold any other position as an official or employee during the
term for which he was elected or appointed to his present office.
No former elected official, including any individual appointed to
fill a vacancy in an elective office, shall hold any appointive, compensated
position as an official or employee until one year after the expiration
of the term for which he was elected or appointed. No official or
employee shall be prohibited, under this subsection, from serving
simultaneously the Municipality and any intergovernmental agency or
council of government which would be in furtherance of his duties
and responsibilities as an official or employee, but no additional
pay shall be received for any such services.
C.
Representation of any party. No official or employee
shall represent or appear on behalf of any party, other than himself,
before the Municipality.
D.
Gifts and favors. No official or employee shall accept
any gift, whether in the form of money, thing, favor, loan or promise,
that would not be offered or given to him if he were not an official
or employee; provided, however, that an official or employee shall
be permitted to accept and retain unsolicited advertising or promotional
material, such as pens, pencils, notepads, calendars and other items
of nominal intrinsic value, and perishables, such as fruit baskets
and boxes of candy, which remain in the municipal building and accessible
to all employees and officials. Meals offered to an official or employee
while attending a meeting of a nonprofit organization or governmental
unit in his official capacity shall not be excluded hereunder.
E.
Confidential information. No official or employee
shall use or permit the use of any confidential information acquired
by him through his position as an official or employee to advance
the financial interest or personal interest of himself or any other
person, corporation, association or entity.
F.
Nepotism. No official shall appoint or vote for the
appointment of any individual related to him by blood or marriage
as an official or employee. Said relationship extends to a parent,
spouse, child, brother, sister or like relative-in-law.
G.
Service as attorney. No official or employee shall
serve as attorney for the Municipality during the period that he serves
as an official or employee. This shall not prohibit the Municipal
Solicitor from serving any constituent unit of the Municipality with
the consent of Council.
H.
Municipal Solicitor. The Municipal Solicitor or his
firm shall not be permitted to represent a party in any transaction
in which the Municipality is an adverse party or has an adverse interest
during his tenure as Municipal Solicitor. Following his retirement,
resignation or removal as Municipal Solicitor, neither the Municipal
Solicitor nor his firm shall be permitted to represent any party in
any transaction involving the Municipality if, during his tenure,
the Municipal Solicitor gave substantive attention to any part of
such transaction in the form of legal consultation with the Municipality.
I.
Purchase or sales by official or employee. No official
or employee shall be a purchaser, directly or indirectly, in any sale
involving the Municipality, nor shall an official or employee be a
vendor, directly or indirectly, of any item purchased by him in his
official capacity. As used herein, "directly or indirectly" shall
include a purchase or sale by a parent, spouse, child, brother, sister,
or like relative-in-law or by association, trustee or straw party
for or on behalf of such official or employee.
J.
Independence of judgment. No official or employee
shall accept other employment or receive any compensation or make
or retain any investments that would impair his independence of judgment
in the performance of his duties as an official or employee.
K.
Compulsory contributions. No official or employee
shall solicit from another official or employee any contributions,
assessments or services for any political party or candidate.
L.
No discrimination. No individual shall be appointed
to or removed from or in any way favored or discriminated against
with respect to any municipal employment or appointive office because
of race, sex, political or religious opinions or affiliations.
M.
False documents. No official or employee shall destroy,
alter or falsify official records or documents.
N.
Political activity.
(1)
No employee shall engage in partisan political activity
during working hours at any place or location nor shall any official
or employee engage in any partisan political activity in municipal
offices and facilities at any time.
(2)
No official or employee shall be an officer of a political
party or an elected or appointed committee person.
(3)
No appointed official or employee shall hold elected
office except as provided by law.
Subject to due process of law, any official
or employee who violates any provision of this article may be disqualified
from being an appointed official or an employee of the Municipality
for a period of four years commencing with the date on which a determination
is made by a court of competent jurisdiction, Council or the Chief
Administrator, as the case may be, that a violation has occurred.
If the violation occurs while he is serving as an appointed official,
he may be removed from his position as an appointed official by an
affirmative vote of four Council members. If the violation occurs
while he is serving as an employee, he may be removed from his position
as an employee by the Chief Administrator.
