[HISTORY: Adopted by the Mayor and City Council
of the City of Monroe 10-16-2006 by Ord. No. 06-018. Amendments noted where
applicable.]
A.
The Monroe City Council is the governing body for
the City of Monroe, therefore it bears the primary responsibility
for the integrity of governance. The following set of standards are
intended to preserve the values, integrity, and fiduciary duty of
local government. One of the best ways to maintain the public's confidence
and trust in its government is to assure that all decisions and actions
of government are made on the merits, free of any consideration of
private gain, and that expectations for this behavior exist during
and after association with the City, and that unambiguous rules of
ethical conduct are published, followed and enforced.
B.
As such, it is the purpose of this chapter to codify
standards of ethical conduct that are clearly established, understood
and uniformly applied. These standards will provide residents, public
servants and all others with guidance and information about ethical
standards. The following six standards of conduct are addressed in
this chapter: conflict of interest; improper use of position; incompatible
employment; political activity and inappropriate solicitations; confidential
and public information; public property and personnel.
C.
The City of Monroe shall not tolerate harassment or
discrimination because of age; race; height; weight; religion, or
lack thereof; disability; color; national or sectional origin; sex;
familial status; sexual orientation; gender identity; or that of their
friends or associates, or as may be prohibited by Elliott-Larsen Civil
Rights Act, MCLA § 37.2101 et seq.
[Amended 9-20-2021 by Ord. No. 21-007]
D.
It is the public policy of this City that all public
servants understand and implement these ethical standards and guidelines
so as to advance the purpose of this chapter in accordance with the
following principles:
(1)
Public interest. Public servants derive their authority
and power from the public and are obligated to exercise that power
as trustees of the public. The power and resources of government,
therefore, shall be used only to advance the public interest.
(2)
Objective judgment. Loyalty to the public interest
requires that all matters shall be decided with independent, objective
judgment, free from avoidable conflicts of interest, improper influences,
and competing loyalties.
(3)
Accountability. Keeping with the Michigan Open Meetings
Act and the Michigan Freedom of Information Act,[1] government business shall be conducted in the "sunshine"
in an efficient and fair manner, so as to enable residents to make
informed decisions and to hold public servants accountable.
[1]
Editor's Note: See MCLA §§ 15.261
et seq. and 15.231 et seq., respectively.
(4)
Conduct. All public servants shall honor and respect
the spirit and principles of representative democracy and will conscientiously
observe the spirit as well as the letter of the law.
(5)
Respect. All public servants shall maintain public
confidence by being honest, fair and respectful of all persons and
property with whom they have contact; by maintaining nonpartisanship
in all official acts, and by avoiding conduct which may tend to undermine
respect for public servants.
This ordinance shall be known and may be cited
as "the Code of Ethics."
A.
In the event that a violation of the code of ethics
is also a violation of applicable state law, the alleged violator
may be subject to prosecution under either provision, as determined
by the appropriate prosecutorial entity.
B.
AGENCY
APPOINTEE
CITY
CLERK
CITY COUNCIL
CONFIDENTIAL INFORMATION
DECISION
(1)
(2)
GIFT
IMMEDIATE FAMILY
LOCAL GOVERNMENT
MAYOR
OWNERSHIP INTEREST
PERSONAL SERVICES CONTRACT
PRIVATE GAIN
(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
PUBLIC SERVANT
As used herein, the following definitions shall control:
Any department, office, multi-member body, or other organization
of the local government.
One who holds either a compensated or an uncompensated position,
including a person who is appointed by the Mayor and City Council
but who is not considered an employee of the City of Monroe but rather
who are members of boards, commissions, committees, and municipal
corporations, and boards that have state-granted judicial, legislative,
and policymaking authority.
The City of Monroe.
The Clerk/Treasurer of the City of Monroe.
The legislative body of the City of Monroe.
Information that has been obtained by a public servant in
the course of acting as a public servant that is not available to
members of the public under either the Michigan Freedom of Information
Act or the Michigan Open Meetings Act or for which disclosure or release
to the public is exempted or prohibited under any other ordinance,
state or federal law, rule or regulation. As used herein, information
includes, but is not limited to, verbal information, written information
or information that is electronically or mechanically stored, transmitted
or reproduced, or any other means of recording or retaining meaningful
content.
A determination, action, vote or other disposition
upon a motion, proposal, recommendation, resolution or ordinance by
the City Council or local government agency; or
A determination, action or other disposition
taken by a public servant or other government agency in the performance
of their public duties.
The transfer of anything of economic value to a public servant,
regardless of form, intended to influence his or her official duties
or as a reward for any action taken by the public servant.
The governmental organization of the City of Monroe.
Mayor of the City of Monroe.
A financial or pecuniary interest that a public servant has
in the affairs of any business entity in which the public servant
or a member of his or her immediate family is an officer, director,
member or employee; any business entity in which the public servant
or a member of his or her immediate family control, or directly or
indirectly owns, in excess of 10% of the total stock or an interest
totaling $50,000 or more in value; or any person or business entity
with whom the public servant has a contract.
A contract for the retention of an individual, corporation,
partnership or other business entity to perform services, professional
or otherwise, on behalf of the City for a fixed period of time and
for fixed compensation.
Any benefit which is accepted or received by
a public servant, or his/her immediate family, or is perceived by
a reasonable person to be accepted or received by a public servant,
or his immediate family, as remuneration for the purpose of influencing
an official action in a specific manner, or for refraining from the
performance of an official action in a specific manner, or as an inducement
for the public servant to act in favor of some interest other than
in the public interest.
To clarify, by way of illustration only, unless
the aforementioned standard is violated the following types of benefits,
monetary payments, or reimbursements, gifts, awards or emoluments
are permissible to be received by a public servant:
The payment of salaries, compensation or employee
benefits to a public servant by an employer or business other than
the local government pursuant to employment/contract where the payment
is unrelated to the public servant's status as a public servant and
which did not involve the use of the local government's time, equipment,
facilities, supplies, staff or other resources.
Authorized reimbursement by the local government
to a public servant of actual and necessary expenses incurred by the
public servant pursuant to duly enacted ordinances and resolutions
of the City of Monroe.
Campaign or political contributions which are
made and reported, if required, by a public servant in accordance
with state law.
Ceremonial gifts given in the normal course
of a public servant's official capacity; as well as seasonal gifts
of nominal value provided to the City, and not solely to an individual
public servant.
A gift received from a public servant's immediate
family member, provided that the immediate family member is not acting
as a third party's intermediary or an agent in an attempt to circumvent
this chapter.
Meals or beverages provided to the public servant
by an individual or by a nongovernmental organization during a meeting
related to official local government business.
Complimentary copies of trade publications,
books, reports, pamphlets, calendars, periodicals or other informational
materials that are received by a public servant.
Receipt by a public servant of a bequest or
inheritance.
The Mayor, City Council member, Clerk, any appointee, employee
or individual who provides services to the local government within
or outside of its offices or facilities pursuant to a personal services
contract.
A.
Conflict of interest.
(1)
A public servant shall not make a loan of public funds,
grant a subsidy, fix a rate, issue a license, permit or certificate,
or otherwise regulate, supervise or participate in a decision that
pertains to an entity in which the public servant, or a member of
his or her immediate family, or any other person with whom he or she
has a financial relationship, has an ownership interest.
(2)
A public servant shall not solicit, accept or receive,
directly or indirectly, a gift, loan or promise of money, goods, services,
contribution, reward, employment, future employment, any favors, gratuities
or special consideration or other things of value from anyone who
is currently doing business with the City, seeking to do business
with the City, or who may currently be negotiating to do business
with the City in the future, or who may otherwise seek any actions
or approval by the City, unless specifically allowed by City policy.
B.
Improper use of position.
(1)
A public servant shall not use his or her public office
and employment to obtain financial gain for himself or herself, a
member of his or her immediate family, or a business or nonprofit
organization with which he or she is associated, or use his or her
official position to secure special privileges or exemptions for himself
or herself, or others, except as provided by law.
(2)
A public servant shall not represent his or her personal
opinion as that of the City.
C.
Incompatible employment.
(1)
A public servant shall not engage, accept employment,
or render services for a private or public interest where such employment
or service is incompatible with the proper performance of the public
servant's duties for the City, or where such employment or service
is reasonably expected to impair the public servant's independence
of judgment or action in the performance of his or her official duties
for the City.
(2)
A public servant shall make a written disclosure to
the Mayor, City Council, Clerk or City Manager, as appropriate, as
to the nature and extent of outside employment when such outside employment
involves business being transacted with the City that has either a
direct or indirect financial benefit to the public servant or to a
public servant's immediate family.
D.
Political activity and inappropriate solicitations.
(1)
A public servant, while performing his or her duties
as a public servant or in the course of his or her employment, shall
not use City property for his or her political benefit or for the
political benefit of any other person seeking elective office. This
provision shall not prohibit the use of property or facilities available
to the public on an equal basis for due consideration paid while the
public servant is not performing his or her duties as a public servant
or while not in the course of his or her employment.
(2)
A public servant, while performing his or her duties
as a public servant or in the course of his or her employment, whether
on City property or not, shall not solicit political campaign contributions
or votes for elective office or personally solicit contributions that
support philanthropic activities or organizations.
E.
Confidential and public information.
(1)
A public servant or immediate family member or any
other person shall not benefit financially or enjoy private gain from
confidential information acquired in the course of holding elected
office or employment with the City.
(2)
Except as authorized by law, a public servant shall
not knowingly disclose confidential information to any person not
authorized to obtain such information that is acquired in the course
of his or her employment or in the course of holding elected office.
F.
Public property and personnel.
(1)
A public servant shall not use or permit others to
use any City-owned property, City funds, City personnel, or any other
tangible City resources under his or her control for private gain
or to support the activities of commercial or noncommercial interests
unless approval is first obtained from the City Council, the City
Manager or the appropriate department head, as the circumstances require.
A.
Creation. There is created an independent body called
the Board of Ethics.
B.
Objective. The Board of Ethics is charged with reviewing
and determining the factual sufficiency of all complaints alleging
violations of the Code of Ethics; as well as issuing written advisory
opinions when so requested. The Board of Ethics is a fact-finding
body whose determinations and findings are strictly advisory, and
not mandatory, upon the local government.
C.
Board membership; terms; quorum; meetings; rules.
(1)
The Board of Ethics shall consist of five members
at least three of whom must be residents of the City of Monroe and
two who are residents of Monroe County who own property within the
City, or own a business within the City, or are employees of a business
located within the City.
(2)
The Mayor shall appoint the members with the advice
and consent of City Council. Current public servants are not eligible
for appointment to the Board. Members of the Board may be removed
by the Mayor for cause, with the consent of City Council.
(3)
Members shall be appointed for six-year terms, except
that, of those first appointed, two shall serve for six years; two
shall for four years; and one shall serve for two years. In the event
of a vacancy, the Mayor shall, without unnecessary delay, appoint
a member to fill the vacancy for the remainder of the term, with the
advice and consent of Council.
(4)
Three members of the Board of Ethics shall constitute
a quorum, and the affirmative vote of three members shall be necessary
for any action. Members of the Board of Ethics shall serve without
compensation.
(5)
The Board of Ethics shall elect a Chair annually.
(6)
The Board of Ethics will receive necessary resources
and staff support as needed.
D.
Confidentiality and due process.
(1)
To the extent legally permitted under the Michigan
Freedom of Information Act and the Michigan Open Meetings Act, the
Board of Ethics shall keep all complaints and requests for advisory
opinions confidential.
(2)
All persons alleged to have violated this chapter
shall be afforded due process of law, including notice, the opportunity
to be heard, and the right to representation of their choice. Members
of the Board of Ethics or any public servant who has access to any
confidential information that is related to the functions or activities
of the Board are prohibited from divulging such information to any
person who is not authorized to possess the information.
E.
Reporting violations.
(1)
No person making a complaint or requesting an advisory
opinion or participating in any proceeding of the Board of Ethics
shall be retaliated against in any manner for such participation.
Any public servant who witnesses or becomes personally aware of a
violation of this chapter shall report that violation within 30 days
of discovery of the violation.
(2)
All alleged violations of the Code of Ethics should
first be reported to the public servant's immediate supervisor. If
the immediate supervisor fails to take action within 10 days of his
or her receipt of the complaint, or the immediate supervisor is the
focus of the complaint, the public servant may bypass his or her immediate
supervisor and may file his or her complaint directly with the Board
of Ethics. The complaint must be in writing and shall include the
following information:
(a)
The name and address of the person who files
the complaint.
(b)
The name and address of the party or parties
against whom the complaint is filed.
(c)
A clear and concise statement of facts which
the complaint is based upon.
(d)
A reference to one, or more, provision in the
Code of Ethics that has been allegedly violated.
(e)
Any further information which might support
the allegations in the complaint.
F.
Action on complaint. The Board of Ethics shall acknowledge
receipt of the written complaint within 10 business days of receipt
of the complaint.
G.
Powers and duties:
(1)
The Board shall receive complaints concerning alleged
unethical conduct from a pubic servant or from any person or entity.
(2)
The Board shall issue written advisory opinions in
regard to the interpretation and application of the Code of Ethics.
Advisory opinions shall be given upon written request by a public
servant or any other person or entity.
(3)
Upon receipt of a complaint or request for an advisory
opinion, the Board will meet to determine whether or not it has jurisdiction
over the subject matter and/or people identified in the request or
complaint.
(4)
If a complaint concerns a public servant covered by
a collective bargaining agreement, the Board shall forward the complaint
to the public servant's department head to be determined and processed
pursuant to the procedures of the collective bargaining agreement.
Nothing in this chapter shall be construed to alter collective bargaining
agreements. Board actions may include the following: issuing a written
advisory opinion; determining that no further action is required;
referring the matter to an authority within the City or to a special
prosecutor or other government body outside the City which has authority
to consider and act on the matter.
(5)
If the Board determines that it does not have jurisdiction
over the subject matter and/or parties identified in the request or
complaint, or that no further action is required, the Board will notify
the complainant and the subject of the complaint of its decision.
H.
Advisory opinions.
(1)
The Board of Ethics may issue written advisory opinions
interpreting the Code of Ethics and relevant provisions of state law
applicable to public servants. Advisory opinions shall not disclose
the identities of the person or entity making the request for an advisory
opinion or the identity of the persons or positions who are the subject
of a complaint or inquiry. Advisory opinions shall be issued within
60 days of a request. If additional time is needed, the time may be
extended by a majority vote of the Board.
(2)
It is anticipated that the issuance of advisory opinions
by the Board of Ethics will answer the majority of questions provided
and will conclude most matters originating as requests for advice
and/or complaints. Advisory opinions are strictly advisory and nonbinding
in nature.
(3)
When the Board of Ethics issues an advisory opinion,
the Board shall send a copy of its advisory opinion to:
A.
A violation of the Code of Ethics shall constitute a municipal civil infraction and shall subject the violator to the civil fine of $250, plus any costs, damages, expenses and other sanctions as authorized under state law. The violator shall also be subject to the provisions so stated in § 1-27E(2), H, I and J of the Code of the City of Monroe.
B.
Violation notices or citations issued for violations
of the Code of Ethics shall only be issued by sworn members of the
Monroe Police Department or such other individuals designated by ordinance
or resolution by the Mayor and City Council.
