[HISTORY: Adopted by the Mayor and Council of the City of
Aberdeen 3-8-2010 by Ord. No. 10-O-04 (Ch. 4 of the 1990 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Ethics — See Ch. 43.
The purpose of this Code of Conduct ("code") is to define the
role of elected officials in the governance of the City. This code
consists of policies and implementing rules intended to advance the
City's goals of providing efficient and high-quality services
to its residents and providing a safe and productive work environment
for its employees.
Aberdeen is a duly incorporated Maryland municipality and has
its executive function shared by the Mayor and by the City Manager.
The City Manager is charged with implementing the policies set by
the City Council and is charged with administering the day-to-day
affairs of the City with the assistance of his/her staff. This code
establishes rules that contribute to the success of this basic structure
and to maintaining positive and effective working relationships between
officials and employees.
A.
This code addresses selective aspects of the governance of the City
and supplements but does not supplant other laws and rules that prescribe
the legal responsibilities of City elected officials ("officials").
Those include, among others, the State of Maryland Constitution, various
provisions of the Code of Maryland Administrative Regulations, federal
laws prohibiting discrimination and harassment, and the provisions
of the City's own City Charter. Elected officials should be familiar
with these laws to assure that they exercise their responsibilities
properly.
B.
It is not possible for a code of this kind to anticipate and provide
a rule of conduct for all situations. It is expected that officials
will manage their behavior in a manner consistent with the rules that
follow, respect the chain of command and behave within the bounds
of their authority. It is also expected that officials will treat
each other, City employees, residents and businesspeople with courtesy
and respect in a manner that reflects well on the City.
Policies governing the conduct of officials are listed in this
section. Following each policy is a set of rules that give specific
application to the policy. In italics following each rule is an explanation
of the rule and guidance for interpreting and applying the rule.
A.
Policy A.
Officials shall deal with the administrative service solely through
the Mayor and/or City Manager. Rules:
(1)
Officials
shall not direct, order or make demands on any City employee, other
than inquiries that can be answered routinely and without research.
This subsection shall not apply to the Mayor.
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City staff are organized in a hierarchical structure,
and City employees work under the direction and control of several
layers of management culminating with the City Manager. Individual
officials are not part of that management structure and have no authority
to direct employees. When an official attempts to give an employee
direction, the employee is put in an awkward position and the management
structure is undermined. In some cases such actions have the potential
for liability. Officials are not authorized directly to give work
assignments to employees, including department heads. Employees are
instructed not to take directions or work assignments from officials
and to report any such attempts to their department head. An official
may ask a routine question of staff; beyond that, concerns about work
assignment should be addressed to the Mayor and/or the City Manager.
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(2)
Officials
shall not attempt to reorganize an employee's priorities or influence
the manner by which City staff performs their assigned functions or
duties. This subsection shall not apply to the Mayor
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City employees are directed in their everyday tasks
by their immediate supervisor in accordance with approved work plans.
Interference with an employee's work routine, priorities or decisionmaking
processes by an official creates confusion and stress and places the
employee in the difficult position of either disregarding his or her
assigned work or appearing to disrespect the official's wishes.
All requests for work or research should be directed to the City Manager.
From time to time an official may believe that a problem must be looked
into immediately and is tempted to direct an employee to drop everything
and focus on that problem. Officials must, however, communicate their
concern to the Mayor and/or the City Manager.
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(3)
Officials
shall not retaliate or threaten to retaliate against employees as
a result of disagreements over policy recommendations.
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It is critical to the success of the City that its employees
enjoy a workplace free of the fear of retaliation. The City takes
great pride in its creativity and its receptivity to new and different
ideas; an open and nonjudgmental atmosphere fosters creativity where
candor is not penalized. City employees are hired to offer their professional
judgments and opinions. Officials are certainly free to disagree with
those judgments; indeed, those officials ultimately may have the final
word. But those disagreements must not extend to threats or generate
fear of reprisal. Officials enjoy substantial influence within City
Hall; this authority must not be exercised in a manner that intimidates
staff and degrades morale with resulting damage to the fabric of the
organization.
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(4)
Officials
shall not threaten a City employee with disciplinary action.
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If an official is concerned about the performance of
a City employee, that concern should be expressed privately to the
City Manager. Such criticisms can then be addressed in accordance
with the City's personnel rules, in a manner that protects the
employee's rights and protects the City's authority properly
to discipline its employees. It is never acceptable for an official
directly to threaten disciplinary action of any kind, and rarely,
if ever, is it appropriate to criticize publicly an employee. Officials
should certainly have high expectations of employees' work performance;
but there is no room in the City organization for public humiliation
of any person.
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B.
Policy B.
Officials shall act collectively in a properly noticed and constituted
meeting; officials have no authority to make decisions or take actions
on behalf of the body unless expressly authorized to do so. Rules:
(1)
Officials
shall not make representations or promises to any third party regarding
the future actions of the City or of the body of which they are a
member, unless the appropriate body has duly authorized such representation
or promise. This subsection shall not apply to the Mayor.
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When officials engage in conversations with residents,
applicants, developers, lobbyists and officials of other governmental
agencies, they should be cautious not to make representations or promises
that they cannot legally make or keep. Future actions of a legislative
body cannot be promised or predicted with certainty. Individual officials
do not have authority to make commitments on behalf of the City unless
expressly authorized to do so by the body of which they are a member.
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(2)
When
making public utterances, officials shall make it clear whether they
are authorized to speak on behalf of the body of which they are a
member or whether they are presenting their own views. This subsection
shall not apply to the Mayor.
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Officials occasionally speak before other public bodies,
neighborhood groups or to the press. When doing so, they should always
make it clear whether they are presenting their own point of view
or whether they have been authorized by the body of which they are
a member to present a particular view. They should be clear in all
oral and written utterances whether they are using their title for
identification purposes or because they are speaking in an official
capacity.
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(3)
Officials
shall not interfere with the manner by which the City Manager performs
his or her duties. It is recognized that the Mayor directly supervises
the City Manager.
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The City Manager cannot function effectively if he or
she receives inconsistent direction from individual Council members
or is not given the support and independence necessary to administer
the City. Questions and/or concerns regarding the priorities of the
City government shall be brought to the attention of the Mayor.
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(4)
Officials
shall not interfere with the implementation by City staff of approved
projects and programs.
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The City Manager is charged with the implementation
of approved projects or programs. City Council members must avoid
interfering with or directing the Manager's method of carrying
out the City Council's decisions, even if the project or program
was conceived and initiated by an individual Council member. Once
a project or program receives Council approval, it is an official
activity of the City, not of any individual Council member. Officials
do not have authority and should refrain from giving directions or
instructions to City contractors or consultants working on City projects
or programs.
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C.
Policy C.
City resources shall be used solely for proper governmental purposes
and only with proper authorization. Rules:
(1)
City
letterhead may be used by officials for official City business.
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City letterhead must be used with care to avoid misunderstandings.
Letterhead may be used to communicate official City policy or actions.
It is also routinely used by officials to respond to inquiries or
communicate their individual opinions, in which event the author should
be clear about whose view is being presented. City letterhead may
be used by other City officials (board and commission members) only
for transaction of official City business.
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(2)
City
employees shall not be asked or directed to spend time on non-City
business.
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It is improper to ask or require a City employee to
engage in non-City-related activities. Non-City activities include,
among other things, election campaign related activities and personal
errands. Further, City employees should not be solicited to engage
in political activity on behalf of a City official.
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(3)
Officials
shall not use or disclose information obtained through City service
for improper or illegal purposes.
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Officials often acquire information in performing their
duties that is not generally available to the public, including information
received in closed sessions. Sometimes this information is confidential
or highly sensitive. Information that is not generally available to
the public must remain confidential and be used only for the purposes
for which it was divulged. In particular, this information can never
be used for personal gain.
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D.
Policy D.
When representing the City, officials shall conduct themselves in
a dignified manner and in accordance with all legal requirements.
Rules:
(1)
When
representing the City on official business, officials shall behave
responsibly and in a manner as to project a positive image for the
City.
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Whenever an official is representing the City, in or
out of town, the official is "on duty" and should behave in a manner
that will reflect well on the City. When out of town or at social
events there is a temptation to behave more informally than one might
in City Hall, which can lead to awkward or embarrassing situations
and in extreme cases to improper or illegal behavior. When at government,
civic or political functions, officials should avoid drinking alcohol
to excess.
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(2)
Officials
shall exercise best efforts to avoid the appearance of impropriety
in the performance of their official duties.
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The public's confidence in the integrity and fairness
of City government often hinges on the behavior of the officials.
Real or perceived ethical lapses by the officials undermine the effectiveness
of the City and cast a shadow on the decisions of its legislative
bodies. Often, ethical considerations extend beyond the legal requirements
of conflict of interest law.
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(3)
Decorum.
While the Council is in session, the members must preserve order and
decorum, and a member shall neither, by conversation or otherwise,
delay or interrupt the proceedings or the peace of the Council nor
disturb any member while speaking or refuse to obey the orders of
the Council or its presiding officer.
A.
The City is committed to maintaining a healthy, fulfilling and humane
workplace. To that end, every official is expected to observe the
foregoing policies and rules when engaged in City business.
B.
Complaints alleging a violation of this Code of Conduct by an official
shall be forwarded to the Chairperson of the City's Ethics Commission.
The Ethics Commission shall commence an investigation of the complaint.
Upon the completion of the investigation, the Ethics Commission shall
forward its findings of fact to the entire Council. The Council will
act upon the findings of facts submitted to it by the Ethics Commission
by motion and vote and shall prescribe any sanction that it feels
applicable to the complaint. Only members not complained against may
vote, and it shall only take a majority vote of the members not complained
against to pass the recommendations.[1]
[1]
Editor's Note: Amended 8-23-2010 by ORd. No. 10-O-12.
C.
The goal of enforcement of this Code of Conduct is corrective, rather
than penal, and a progressive approach to curing violations shall
be employed when possible, beginning with less severe methods and
proceeding to more severe methods as necessary.
D.
The accused official(s) shall be given every opportunity to mount
a public defense of the accusations against him or her (them). The
accused official(s) shall have the right to request a public hearing
on the accusation(s) against him or her (them). The official shall
be able to defend himself or herself at the public hearing on the
accusation before any vote on sanction is taken by the City Council.
