[HISTORY: Adopted by the Town of Salem as indicated in article
histories. Amendments noted where applicable.]
[Adopted by the Board of Selectmen 11-14-1977, last reaffirmed 4-2-2013
(Ch. 40, Art. I, of the 1995 Code); amended and approved 7-13-2020[1]]
[1]
Editor's Note: This ordinance also amended the title of this
article, which was formerly Code of Ethics for Selectmen.
The proper operation of democratic government requires that
public officials be independent, impartial and responsible to the
people; that governmental decisions and policy be made in the proper
channels of the governmental 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 boards, committees and
commissions. The purpose of this code is to establish ethical standards
of conduct for boards, committees and commissions by setting forth
those acts or actions that are incompatible with the best interest
of the Town and by directing disclosure by such officials of private
financial or other interests in matters affecting the Town. The provisions
and purpose of this code and such rules and regulations as may be
established are hereby declared to be in the best interests of the
Town of Salem.
Public officials are agents of public purpose and hold office
for the benefit of the public. They are bound to uphold the Constitution
of the United States and the Constitution of this state and to carry
out impartially the laws of the nation, state and municipality and
thus to foster respect for all government. They are bound to observe
in their official acts the highest standards of morality and to discharge
faithfully the duties of their office regardless of personal considerations,
recognizing the public interest must be their primary concern.
A.
Boards, committee and commission members should be loyal to the objectives
expressed by the residents/citizens, as applicable, and the programs
developed to attain those objectives.
B.
Board, committee and commission members should not exceed their authority
or breach the law. A board, committee or commission member shall not
attempt to induce an officer or employee in the service of the Town
or a resident of the Town to commit an unlawful act or to act in violation
of any lawful statute, ordinance, regulation or legal order.
A.
Interest in appointments. Canvassing of members of a board, committee
or commission, directly or indirectly, in order to obtain preferential
consideration in connection with any appointment to the Town service
shall disqualify the candidate for appointment, except with reference
to positions filled by appointment by the Board of Selectmen.
B.
Use of public property. No board, committee or commission member
shall request or permit the use of Town-owned vehicles, equipment,
materials or property for personal convenience or profit, except when
such services are available to the public generally or are provided
as municipal policy for use in the conduct of official business.
C.
Obligations to citizens. No board, committee or commission member
shall grant or deny any special consideration, treatment or advantage
to any citizen which is not available to every other citizen. Furthermore,
no board, committee or commission member should make, encourage or
accept any ex parte or other unilateral application or communication
that excludes the interests of other parties in a matter under consideration
when such application or communication is designed to influence an
official decision or conduct of the official himself or other board,
committee or commission members or agencies in order to obtain favored
treatment or special consideration to advance the personal or private
gain of himself or others.
No board, committee or commission member shall engage in any
business or transaction or shall have a financial or other personal
interest, direct or indirect, which is incompatible with the proper
discharge of their official duties in the public interest or would
tend to impair their independence of judgment or action in the performance
of their official duties. Personal, as distinguished from financial,
interest includes an interest arising from blood or marriage relationships
or close business association. Specific conflicts of interest are
enumerated below for the guidance of a board, committee or commission
member:
A.
Incompatible employment. No board, committee or commission member
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 their official duties or would tend to
impair their independence of judgment or action in the performance
of their official duties.
B.
Disclosure of confidential information. No board, committee or commission
member shall, without proper legal authorization, disclose confidential
information concerning the property, government or affairs of the
Town, nor shall they use such information to advance the financial
or other private interest of themselves or others.
C.
Gifts and favors. No board, committee or commission member shall
accept any valuable gift, whether in the form of service, loan, thing
or promise, from any person, firm or corporation which to their knowledge
is interested directly or indirectly in any manner whatsoever in business
dealings with the Town, nor shall any such official accept any gift,
favor or thing of value that may tend to influence them in the discharge
of their duties or grant in the discharge of their duties any improper
favor, service or thing of value.
D.
Representing private interests before Town agencies or courts.
(1)
No board, committee or commission member shall appear in their official
capacity on behalf of any private interest(s) before any agency of
the Town.
(2)
Board, committee or commission members shall not represent private
interests in any action or proceeding against the interests of the
Town in any litigation to which the Town is a party.
(3)
A board, committee or commission member may appear before Town agencies
on behalf of constituents in the course of their duties as a representative
of the electorate or in performance of public or civic obligations.
However, no board, committee or commission member shall receive any
gift or compensation that is contingent upon a specific action by
a Town agency.
E.
Contracts with the Town. Any board, committee or commission member
who has a substantial or controlling financial interest in any business
entity, transaction or contract with the Town or in the sale of real
estate, materials, supplies or services to the Town shall make known
to the proper authority such interest in any matter on which they
may be called to act in their official capacity. They shall refrain
from voting upon or otherwise participating in the transaction or
the making of such contract or sale. A board, committee or commission
member shall not be deemed interested in any contract or purchase
or sale of land or other thing of value unless such contract or sale
is approved, awarded, entered into or authorized by them in his official
capacity.
F.
Disclosure of interest in legislation. A board, committee or commission
member who has a financial or other private interest in any legislation
shall disclose on the records of the board, committee or commission
or other appropriate authority the nature and extent of such interest.
This provision shall not apply if the board, committee or commission
member disqualifies themselves from voting.
G.
Administrative relationship. Neither the board, committee or commission
nor any of its members shall direct or request the appointment of
any person to or his removal from office by the Town Manager or by
any of his subordinates or in any manner take part in the appointment
or removal of officers and employees in the administrative service
of the Town unless otherwise provided in law. The board, committee
or commission and its members shall deal with the administrative service
solely through the board, committee or commission liaison for that
entity, and neither the board, committee or commission nor any member
thereof, except as authorized by statute or local ordinance, shall
give direct orders to any subordinates of the Town Manager, either
publicly or privately.
No board, committee or commission member or candidate for the
office of that board, committee or commission shall promise an appointment
to any municipal position as a reward for any political activity.
A board, committee or commission member shall not attempt to use or
threaten to use personal or political influence to secure a promotion,
leave of absence, transfer, change in rate of pay or character of
work, for any Town employee. "Personal influence" under this section
shall mean any activity inconsistent with recognized practices allowed
by the laws of the State of New Hampshire and the Town of Salem.
A.
When a board, committee or commission member has doubt as to the
applicability of a provision of this code to a particular situation,
they should apply to the board, committee or commission for an advisory
opinion and be guided by that opinion when given.
B.
The applicant should not vote in the proceedings of the board, committee
or commission leading to the advisory opinion.
C.
Any member of the board, committee or commission may question the
applicability of the code regarding another member of the board, committee
or commission. Said member shall request a meeting of the board, committee
or commission for an advisory opinion, and all parties shall be guided
by that opinion when given. Action taken under this section should
be considered by the board, committee or commission as a legal matter
and acted on accordingly. The board, committee or commission member
shall have the opportunity to present their interpretation of the
facts at issue and of the applicable provision(s) of the code before
such advisory decision is made. This code shall be operative in all
instances covered by its provisions except when superseded by an applicable
statutory or charter provision and statutory or charter action is
mandatory or when the application of a statutory or charter provision
is discretionary but determined to be more appropriate or desirable.
Violation of any provisions of this code should raise conscientious
questions for the board, committee or commission member concerned
as to whether voluntary resignation or other action is indicated to
promote the best interests of the Town. Violation may constitute a
cause for such action as implementation of disciplinary action as
prescribed by state statute.
As a board, committee or commission member, I believe: that
the proper operation of democratic government requires that public
officials be independent and impartial in their judgment and actions;
that government decisions and policy be made in the proper channels
of the governmental structure; that public office not be used for
personal gain; that the public have confidence in the integrity of
its government and public officials; and that the realization of these
ends is impaired whenever there exists or appears to exist an actual
or potential conflict between the private interests of a governmental
official and his public duties. The public interest requires ethical
standards with respect to official conduct. I believe it is my duty
to:
A.
Respect the importance of American ideals of government, of the rule
of law, of the principles of public administration and of ethical
conduct in the performance of my public duties.
B.
Represent and work for the common good of the Town of Salem and not
for private interest, assuring fair and equal treatment of all persons,
claims and transactions coming before me in my official capacity.
C.
Refrain from accepting gifts or favors or promises of future benefit
which might compromise or tend to impair my independence of judgment
or action as a board, committee or commission member.
D.
Learn the background and purposes of major motions before voting.
E.
Faithfully perform my duties as a board, committee or commission
member by attending all sessions of the Board and of its committees
of which I am a member, unless unable to do so for some compelling
reason or disability.
F.
Help the Board maintain the highest standards of ethical conduct
by refusing to approve breaches of public trust or improper attempts
to influence legislation and by being willing to vote to censure or
otherwise discipline any member who willfully violates the duly established
rules of conduct for the board, committee or commission.
G.
Disclose all sources of income which may represent a substantial
conflict of interest with my duties as a board, committee or commission
member and to disclose the nature and extent of my interest as an
officer, agent, member or owner of any business entity or other association
which is doing business with the Town of Salem, such disclosure to
be made to the board, committee or commission.
H.
Refuse to represent private interests before Town agencies or in
the courts, except as may be my duty toward constituents, such service
to be rendered without compensation, and refuse to accept or engage
in any employment incompatible with my public duties.
I.
Disclose any private interest I may have in legislation before the
board, committee or commission, or to refrain from voting when such
interest is in substantial conflict with my public duties.
J.
Refrain from disclosing confidential information concerning any employee,
resident or the Town of Salem itself.
Nothing in any established ethical standards, bylaws, or regulations of other boards, committees or commissions shall supersede Salem Municipal Code Chapter 33, as applicable.
Effective January 1, 1980, no employee of the Town of Salem
will be allowed to engage in secondary employment or to hold an interest
in any business venture operating within the limits of the Town of
Salem which has, as a result of federal, state or local legislation,
the requirement for inspection and/or regulation by the department
to which the employee is assigned and will utilize information available
to an employee in his/her specific capacity with the Town which could
be considered sensitive, classified, or privileged information to
which the employee would not be otherwise entitled.
Any exceptions to this policy must be approved by the Town Manager
in writing.
In order for an exception to be considered, the following conditions
must be met:
A.
The employee requesting the exception must have been employed by
the Town of Salem on or prior to December 6, 1979.
B.
The employee must substantiate that the secondary employment or business
venture for which the exception is being applied was actively pursued
or operated by the employee prior to and through December 6, 1979.
C.
The interest of the Town and the particular department can be met
and the requirement for inspection or regulation accommodated outside
of the department which employs the individual requesting exception
at no additional expense or inconvenience to the Town.
D.
Reasonable standards or conditions to eliminate possible conflicts
of interest can be established and agreed upon by the employee and
the Town.
E.
No previous agreement related to the secondary employment or business
venture for which the exception is being applied has been made between
the employee and the Town.
