[R.O. 2011 § 130.195; Ord. No. 11-175 § 1, 9-7-2011]
A.
General
Elected Official, Appointed Official And Employee Conduct.
1.
The City expects elected officials, appointed officials and employees
will perform their duties conscientiously, honestly, and in accordance
with the best interests of the public. Elected officials, appointed
officials and employees shall not use their position or the knowledge
gained as a result of their position for private or personal advantage.
2.
The City expects its elected officials, appointed officials and employees
to conduct themselves in a businesslike manner. For example, the use
of illegal substances, consumption of alcoholic beverages, gambling,
fighting, and similar unprofessional activities are strictly prohibited
while on the job.
3.
Elected officials, appointed officials and employees shall not engage
in sexual harassment, or conduct themselves in a way that could be
construed as such, for example, by using inappropriate language, keeping
or posting inappropriate materials in their work area, or accessing
inappropriate materials on their computer.
[R.O. 2009 § 36.40; CC 1981 § 2-342; Ord. No. 83-23, 3-30-1983; Ord. No. 11-175 § 1, 9-7-2011]
Elected officials, appointed officials
and employees shall give fair and equal treatment to every citizen.
No elected official, appointed official or employee shall grant special
consideration or treatment or advantage to any citizen beyond that
which is available to every other citizen.
[R.O. 2011 § 130.205; R.O. 2009
§ 36.41; CC 1981 § 2-343; Ord. No. 83-23, 3-30-1983; Ord. No. 11-175 § 1, 9-7-2011]
No person seeking appointment to,
or promotion in, the service of the City shall either directly or
indirectly give, render or pay any money, service or other thing of
value to any person for, or on account of, or in connection with his
or her test, appointment, proposed appointment, promotion or proposed
promotion.
[R.O. 2011 § 130.210; R.O. 2009
§ 36.42; CC 1981 § 2-351; Ord. No. 83-23, 3-30-1983; Ord. No. 11-175 § 1, 9-7-2011; Ord.
No. 15-060 § 1, 4-7-2015]
A.
Sales To City. No elected official, appointed
official or employee shall sell or barter anything to the City, or
to a contractor to be supplied to the City, or be financially interested,
directly or indirectly, in the sale to the City of any land, materials,
supplies, equipment or services. Nothing herein shall prohibit an
employment contract between the City and an employee.
B.
Financial Interest In City Contracts -
Purchase Of Surplus Property. No elected official, appointed official
or employee shall purchase any City property except such property
that is declared surplus and which is offered generally to the public
for purchase and then only on the same terms and conditions as are
offered to the public, except that a department director shall not
purchase any surplus property originating from the director's department.
[R.O. 2011 § 130.215; R.O. 2009
§ 36.43; CC 1981 § 2-345; Ord. No. 83-25, 3-30-1983; Ord. No. 11-175 § 1, 9-7-2011]
No elected official, appointed official
or employee shall engage in any business or transaction or have a
financial or other personal interest, direct, or indirect, which is
incompatible with the proper discharge of his or her official duties
in the public interest or would tend to impair his or her independence
or judgment or action in the performance of his or her official duties.
[R.O. 2011 § 130.220; R.O. 2009
§ 36.45; CC 1981 § 2-347; Ord. No. 83-23, 3-30-1983; Ord. No. 11-175 § 1, 9-7-2011]
A.
No elected official, appointed official
or employee shall accept any gift, whether in the form of service,
loan, thing, promise, or in any other form from any person which,
to his knowledge, is interested, directly or indirectly, in any manner
whatsoever, in business dealings with the City, which would affect
the performance or non-performance of duty for personal or financial
gain.
B.
Employees are expected to perform their
duties in a fair and even-handed manner and are prohibited from taking
payment, gifts, loans or other items of value from anyone in exchange
for performing their duties. Delivery of services should be able to
stand up to full public disclosure and should in no way be granted
or withheld because of gifts, favors or other considerations given
to an employee. However, acceptance of a nominal gift up to three
hundred dollars ($300.00) in value is permitted when not given in
exchange for the performance of duties. A gift in excess of three
hundred dollars ($300.00) in value is permitted when not given in
exchange for the performance of duties and the receipt of such gift
is approved by the employee's department head, the Director of Human
Resources, and the Director of Administration. In all such matters
involving gifts, the primary consideration is that the donor not receive,
or appear to receive, treatment not given to any other citizen. If
an employee has any concern about the wisdom, legality or honorability
of accepting a gift, this concern should be brought to the attention
of the City Attorney.
[Ord. No.
21-154, 10-5-2021]
[R.O. 2011 § 130.225; R.O. 2009
§ 36.46; CC 1981 § 2-348; Ord. No. 83-23, 3-30-1983; Ord. No. 11-175 § 1, 9-7-2011]
No elected official, appointed official
or employee shall disclose confidential information concerning the
property, government, employees or affairs of the City, nor shall
he or she use or seek such information to advance the financial or
other private interest of himself or others, or to damage or impede
City business or fellow employee(s).
[R.O. 2011 § 130.230; R.O. 2009
§ 36.47; CC 1981 § 2-349; Ord. No. 83-23, 3-30-1983; Ord. No. 11-175 § 1, 9-7-2011]
No elected official, appointed official
or employee shall request or permit the use of City-owned property
for any purpose except the conduct of City business. No elected official,
appointed official or employee shall, directly or indirectly, attempt
to obtain any service or benefit from an employee for the personal
benefit of such elected official, appointed official or employee.
[R.O. 2011 § 130.235; R.O. 2009
§ 36.48; CC 1981 § 2-350; Ord. No. 83-23, 3-30-1983; Ord. No. 02-128, 5-28-2002; Ord.
No. 11-175 § 1, 9-7-2011]
No full-time employee in the classified
service shall accept outside employment, whether part-time, temporary
or permanent, without prior written approval of their department director.
Each change in outside employment shall require separate approval.
A duplicate copy of the approval shall be filed with the Human Resources
Department. Approval shall not be granted when such outside employment
interferes or is likely to conflict with the employee's City service.
Employees shall not engage in any private business or activity while
on duty. No employee shall engage in or accept private employment
or render any service for private interest when such employment or
service is incompatible or creates a conflict of interest with the
employee's official duties. No department director shall prohibit
outside employment unless such employment shall conflict with the
employee's City service.
[R.O. 2011 § 130.240; R.O. 2009
§ 36.44; CC 1981 § 2-346; Ord. No. 83-23, 3-30-1983; Ord. No. 11-175 § 1, 9-7-2011]
An elected official, appointed official or employee who has a financial or other private interest in any proposed City legislation shall disclose on the records of the Council the nature and extent of such interest. City Councilmembers should follow City Code Section 115.280 et seq. and disclose all matters as appropriate.
[R.O. 2011 § 130.245; R.O. 2009
§ 36.49; CC 1981 § 2-352; Ord. No. 83-23, 3-30-1983; Ord. No. 85-24, 3-20-1985; Ord.
No. 85-88, 7-19-1985; Ord. No. 99-386, 11-18-1999; Ord. No. 01-29, 2-23-2001; Ord. No. 11-175 § 1, 9-7-2011]
A.
Coverage. The provisions of this Section
extend to all full-time and part-time employees of the City. Nothing
in this Section shall be construed or interpreted as to prohibit any
City employee from:
1.
Exercising his or her right to vote
in any election or casting his or her vote for or against any candidate
or ballot measure;
2.
Being an officer or member of, or
participating in, any labor organization, or paying dues or making
any other contribution to a labor organization, which represents the
employee and other similarly situated City employees with respect
to the terms and conditions of those employees' employment;
B.
Candidate For Elective Office.
1.
A City employee may seek election
to a partisan political office. The employee shall not use his or
her official authority to affect the result of the election. If elected
to political office and such office is clearly inconsistent, incompatible,
in conflict with, or inimical to his or her duties as a City employee,
the employee shall terminate City employment prior to assuming the
elected position.
2.
An employee may be a candidate for
a non-paid non-partisan board such as, but not limited to, a school
board or a library board, while retaining active City employment and,
if elected, may retain City employment.
3.
Any employee who becomes a candidate
for elective office with the City shall be terminated upon being elected
and assuming office.
C.
General Prohibitions On Political Activities.
1.
No City employee shall participate
in the management or administration of any political campaign for
or against a person's election to any elective office with the City,
or in any campaign to support or oppose the recall or removal of any
person who holds an elective office with the City.
2.
A City employee may not campaign
with respect to any person on the ballot in any Federal, State, City,
local or municipal election, or solicit contributions or other financial
assistance for or against any candidate while in a City uniform (or
a uniform normally identified with the City), while the employee is
on duty, or while the employee is in a work area of the City. This
would include, but not be limited to, verbally or otherwise identifying
oneself as a City employee while campaigning, carrying any sign or
placard, handing out campaign materials or literature, endorsing a
certain candidate for office or verbally soliciting or encouraging
support for or against a particular candidate.
3.
No City employee shall utilize, nor
allow anyone else to utilize, his or her name, or position, title
or employment with the City, in any political advertisement, campaign
material, endorsement or speech concerning the election of any person
to any elective office with the City, or concerning the removal or
recall of any City elected official.
4.
A City employee shall not (other
than with respect to his or her own candidacy, or the candidacy of
his or her spouse, child, grandchild, or parent) accept, or act as
an agent for accepting, any financial assistance or contribution for
or against any candidate for City Council or any other elective office
with the City, or any political organization, political action committee,
or political club which supports or opposes any such candidate.
5.
City employees shall not be appointed,
discriminated against or retained based upon their activity, or lack
thereof, in any political campaign, or based upon their support, or
lack thereof, of any candidate for a City office. City employees shall
not be coerced, or subjected to any pressure or influence, by any
person who is an employee or elected official of the City, or anyone
related to any such person, to take part in a political campaign,
to support or oppose a particular candidate or ballot measure, to
solicit votes for or against a particular candidate or ballot measure,
or to solicit or contribute funds to support or oppose any candidate
or ballot measure.
[R.O. 2011 § 130.250; Ord. No. 11-175 § 1, 9-7-2011]
Situations may arise when there appears
to be a conflict between official responsibilities and personal interests.
These may be situations involving financial dealings, spending City
funds, regulating businesses or persons, purchasing supplies or materials
or contracting for services. In order to avoid violating the public's
trust, or of giving the appearance of such a violation, employees
shall alert their supervisor immediately of such conflicting situation.
If the employee and the supervisor are unclear about the appropriateness
of the situation, the matter should be promptly referred to the City
Attorney.
[R.O. 2011 § 130.255; Ord. No. 11-175 § 1, 9-7-2011]
The acceptance of a kickback, secret
commission or payment of anything of value from a person doing business
with the City except as set forth above regarding accepting gifts
from person dealing with City is strictly prohibited. Any violation
of this policy shall result in immediate termination and prosecution
to the fullest extent of the law.
[R.O. 2011 § 130.260; Ord. No. 11-175 § 1, 9-7-2011]
A.
Whenever a City employee is responsible
for handling cash or other financial matters, the job of the employee
is to document every aspect of the transaction fully and completely.
All City cash and bank accounts must be handled so as to avoid any
question of bribery, kickbacks, improper payment, illegal activity
or suspicion of any impropriety whatsoever.
B.
When an employee incurs an approved expense
or spends their own funds on City needs, that expense must be appropriate
and documented promptly and properly on the forms provided by their
appointing authority.
[R.O. 2011 § 130.265; Ord. No. 11-175 § 1, 9-7-2011]
A.
Accurate and reliable records of many kinds
are necessary to meet the City's legal and financial obligations and
to manage the affairs of the City. The City's books and records must
reflect in an accurate and timely manner all transactions. The employees
responsible for accounting and recordkeeping must fully disclose and
record all assets, liabilities, or both, and must exercise diligence
in enforcing these requirements.
B.
Elected officials, appointed officials
and employees shall not make or engage in any false record or communication
of any kind, whether internal or external, including, but not limited
to:
[R.O. 2011 § 130.270; Ord. No. 11-175 § 1, 9-7-2011]
A.
Employees shall take care to separate their
personal activities from their City positions when communicating on
matters not involving City business. Employees shall not use City
identification, stationery, supplies, and equipment for personal or
political matters.
B.
When communicating publicly on matters
that involve City business, employees shall not presume to speak for
the City on any topic, unless they are certain that the views they
express are those of the City, and it is the City's desire that such
views be publicly disseminated.
C.
When performing City business, employees
shall take care not to compromise the integrity or damage the reputation
of the City, any person, business or government body.
[R.O. 2011 § 130.275; Ord. No. 11-175 § 1, 9-7-2011]
In all matters pertaining to citizens,
customers, suppliers, vendors, governmental authorities, and the public
at large, employees shall make every effort to achieve complete, accurate,
and timely communications and shall respond promptly and courteously
to all proper requests for information and to all complaints.
[R.O. 2011 § 130.280; Ord. No. 11-175 § 1, 9-7-2011]
A.
When handling financial and personal information
about the public or others with whom the City has dealings, observe
the following principles:
1.
Collect, use, and retain only the
personal information necessary for the City's business. Whenever possible,
obtain any relevant information directly from the person concerned.
Use only reputable and reliable sources to supplement this information.
2.
Retain information only for as long
as necessary or as required by law. Protect the physical security
of this information.
3.
Limit internal access to personal
information to those with a legitimate business reason for seeking
that information. Use only personal information for the purposes for
which it was originally obtained. Obtain the consent of the person
concerned before externally disclosing any personal information, unless
legal process or contractual obligation require otherwise.
[R.O. 2011 § 130.285; Ord. No. 11-175 § 1, 9-7-2011]
Safety is every employee's responsibility.
The elimination of workplace accidents and injuries are the responsibility
of every employee. Employees shall comply with all safety rules and
regulations. An employee shall promptly report any unsafe condition
or any accident to their supervisor, even in cases where there was
no injury or property damage.
[R.O. 2011 § 130.290; Ord. No. 11-175 § 1, 9-7-2011]
Employees shall be completely honest
in their dealings with the public, elected officials, appointing authorities,
supervisors and fellow employees. Lying, in any form, is prohibited.
[R.O. 2011 § 130.295; Ord. No. 11-175 § 1, 9-7-2011]
City administration frequently relies
on the views and opinions of employees when determining a course of
action or policy. Employees are obligated to provide as much information
as possible and their own best opinion to administration when determining
a course of action or policy. However, once a decision has been made
by administration, it is the responsibility of every employee to make
it succeed.
[R.O. 2011 § 130.298; Ord. No. 11-175 § 1, 9-7-2011]
A.
Employees should be alert to situations
in which other employees commit or are about to commit acts which
violate the law or this Code of Ethics. Illegal, unethical or dishonest
acts harm us all. Each employee has the responsibility to report such
acts whenever and wherever he or she finds them. This means advising
a coworker when his or her acts appear ethically or legally questionable.
B.
If an employee becomes aware of any evidence
of fraud and dishonesty, administration should immediately be advised.
If the employee has reason to believe that their supervisor may be
involved or is not comfortable reporting the occurrence to their supervisor,
the employee shall immediately notify the City Attorney or report
the occurrence through the fraud hotline, which is accessible by phone.
[R.O. 2011 § 130.300; R.O. 2009
§ 36.51; CC 1981 § 2-355; Ord. No. 83-23, 3-30-1983; Ord. No. 11-175 § 1, 9-7-2011]
Any employee violating any Section
of this Code of Ethics may be subject to disciplinary action up to
and including termination of employment and may also be subject to
such other penalties as may be provided by City ordinance or State
or Federal law.
[R.O. 2011 § 130.310; R.O. 2009
§ 36.50; CC 1981 § § 2-353 — 2-354; Ord. No. 83-23, 3-30-1983; Ord. No. 02-128, 5-28-2002; Ord. No. 07-162, 6-11-2007]
A.
Supplemental Rules. Each department director
with the approval of the Mayor shall supplement the employees' Code
of Ethics with provisions which would be uniquely peculiar or applicable
only to their department.
B.
Procedures For Interpretation. Any question
regarding the application or interpretation of the employees' Code
of Ethics to a specific action, case situation or event shall be brought
to the attention of the Mayor by the employee or employees concerned.
The Mayor shall dispose of each by appropriate administrative decision.
The employee(s) shall be notified of such decision in writing with
a copy forwarded to the Human Resources Department for filing in the
employee's personnel records.
