[10-8-2012 by Ord. No.
1344]
This chapter shall be known as the "Code of Ethics of the City
of the Port Huron."
[10-8-2012 by Ord. No.
1344]
(a)
It is the policy of the City to uphold, promote and demand the highest
standards of ethics from all its employees and officials, whether
elected, appointed or hired. City officers and employees shall maintain
the highest standards of personal integrity, truthfulness, honesty
and fairness in carrying out their public duties; avoid any improprieties,
or appearances of improprieties, in their roles as officers and employees
and never use their City position or powers for personal gain.
(b)
It is the intent of this chapter that officers and employees shall
avoid any action which may result in:
(c)
It is not the intent of this chapter to in any way limit the right
or ability of any officer or employee to exercise his or her discretion
in making legitimate policy decisions which are within their official
responsibilities as long as the action does not provide a special
benefit to a citizen, relieve the officer or employee of a particular
duty or treat that citizen differently than other similarly situated
citizens.
[10-8-2012 by Ord. No.
1344]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Includes any corporation, partnership, sole proprietorship,
firm, enterprise, franchise, association, organization, self-employed
individual, holding company, joint stock company, receivership, trust
or any legal entity organized for profit or nonprofit.
The City of Port Huron, a Michigan municipal corporation.
Payment in any form for real or personal property or services
of any kind.
A person employed by the City, whether on a full-time or
part-time basis or acting in the capacity of an employee regardless
of whether the employee is compensated for service in his or her official
capacity.
Any gratuity, discount, entertainment, hospitality, loan,
forbearance, or other tangible or intangible item having monetary
value, including, but not limited to, cash, food and drink, travel,
lodging, honoraria for speaking engagements related to or attributable
to government employment or the official position of an officer or
employee and campaign donations directly to or on behalf of an officer.
A contract in which the City acquires goods or services from
another person or entity. The term does not include a contract pursuant
to which a person serves as an employee or appointed officer of the
City.
A determination, action, vote or disposition upon a motion,
proposal, recommendation, resolution, ordinance or measure on which
a vote by the public body is required and by which the public body
formulates or effectuates public policy.
Any right, title or share in something, either personal,
financial, legal or equitable, which is owned, held or controlled,
in whole or in part, directly or indirectly, by an officer or employee.
A person's spouse and the person's children, step-children,
by blood or adoption, and grandchildren or step-grandchildren of the
individual.
A person who holds office, by election or appointment, regardless
of whether the officer is compensated for service in his or her official
capacity. This includes members appointed to serve on boards or commissions.
A decision, recommendation, approval, disapproval or other
action or failure to act which involves the use of discretionary authority.
The City Council and any board, authority, commission, committee,
department, office or other agency of the City.
[10-8-2012 by Ord. No.
1344]
No officer or employee shall request, use or permit the use
of any consideration, treatment, advantage or favor beyond that which
is the general practice to grant or make available to the public at
large. All officers or employees shall treat all citizens with courtesy,
impartiality, fairness and equality under the law.
[10-8-2012 by Ord. No.
1344]
The following shall constitute violations of this chapter:
(a)
General prohibition against conflict of interest. In order to avoid
impropriety or a conflict of interest, no officer or employee should
be involved in any activity that is or has the real potential to conflict
with the conduct of official City business or as being adverse to
the interests of the City.
(b)
Disclosure of confidential information and/or benefitting from confidential
information. No officer or employee shall disclose or use any confidential,
privileged or proprietary information gained by reason of his or her
position for a purpose which is for other than a City purpose, provided
that nothing shall prohibit the disclosure or use of information which
is a matter of public knowledge or which is available to the public
upon request. For purposes of this chapter, the term "confidential
information" shall mean any information, oral or written, which comes
to the attention of, or is available to, the officer or employee only
because of his or her position with the City and is not a matter of
public record. Officers or employees shall not divulge any confidential
information discussed in a closed session of the City Council in advance
of the time that it is authorized to be released to the public. Officers
and employees shall honor the confidentiality of the debate, discussion
and preliminary action taken in the closed session of the City Council
and be aware of the potential financial liability and/or harm to the
reputation of the City by premature disclosure. Release of confidential
information shall be in compliance with the Open Meetings Act (Act
267 of 1976).[1]
[1]
Editor's Note: See § MCLA 15.261 et seq.
(c)
Improper use of City personnel and property. No officer or employee
shall employ or use any person under his or her official control or
direction for the personal benefit, gain or profit of the officer
or employee or another person. No officer or employee shall use City-owned
vehicles, equipment, materials, money or property for personal or
private convenience or personal gain. Nothing herein shall prohibit
the use of City equipment or motor vehicles by officers or employees
in accordance with policies established by the City Council, City
Manager or City department head concerned, nor shall this chapter
be deemed to prohibit private use of surplus City property legally
disposed of by the City or its departments in compliance with established
procedures.
(d)
Beneficial interest in business transaction or participation in a
contract. No officer or employee shall participate in his or her capacity
as an officer or employee in the making of a contract in which he
or she, or an immediate family member, benefits from or has a financial
interest. No officer or employee shall participate in contracts, loans,
grants, rate-fixing or issuing permits involving a business in which
he or she has a substantial interest. However, these provisions shall
not apply in the following circumstances:
(1)
Contracting with the City where:
a.
The contract is awarded pursuant to sealed bids;
b.
The officer or employee is not involved directly or indirectly or
otherwise refrains from participation in the decision on the award
of the government contract; and
c.
The City Council, after reviewing the circumstances, determines the
award of the government contract would be in the best interest of
the City.
(2)
Where the interest of the officer or employee in the business involves
the holding of less than 1% of the securities in a publicly traded
business or less than 5% of privately or closely held business and
where the officer or employee will not have any involvement in the
transaction on behalf of the contracting business.
(e)
Engaging in certain private employment. No officer or employee shall
engage in or accept private employment or render services for any
private interest when the employment or service is incompatible with
the proper discharge of official duties or impairs independence, judgment
or action in the performance of official duties.
(f)
Acceptance or solicitation of compensation, gifts, favors, rewards
or gratuity. No officer or employee may, directly or indirectly, give
or receive, or agree to give or receive, any compensation, gift, favor,
reward, or gratuity for a matter connected with or related to the
officer's or employee's services with the City to influence
the manner in which the officer or employee performs his or her official
duties, except this prohibition shall not apply to:
(1)
Attendance of an officer or employee at a hosted meal when provided
in conjunction with a meeting directly related to the conduct of City
business or where official attendance by the City official as a City
representative is required or in the best interest of the City;
(2)
An award publicly presented in recognition of public service presented
to the officer or employee;
(3)
Any gift or gifts valued at $100 or less per year in the aggregate
from any person or business which cannot reasonably be presumed to
influence the judgment of the officer or employee;
(4)
Opportunities, benefits and services which are available on the same
conditions as for the general public;
(5)
Complimentary copies of trade publications, books, reports, pamphlets,
calendars, periodicals or other informational materials; and
(6)
Acceptance of unsolicited advertising of promotional material and
other items of nominal intrinsic value.
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An officer or employee does not violate this chapter if he or
she promptly takes reasonable action to return the gift.
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(g)
Improper use of position. No officer or employee shall knowingly
use his or her office or position to secure personal benefit, gain
or profit, or use his or her position to secure special privileges
or exceptions for himself, herself or for the benefit, gain or profits
of any other persons. No officer or employee shall represent his or
her personal opinion as that of the City.
(h)
This section shall not in any manner vary or change the requirements
of contracts of public servants with public entities, MCL § 15.321
et seq., which governs the solicitation of public participation in
government contracts by officers and employees and preempts all local
regulation of such conduct.
[10-8-2012 by Ord. No.
1344]
The following disclosure requirements are established to avoid
both actual and potential conflict between the private self-interests
and the public interest of officers and employees:
(1)
Self interest. No officer or employee, either on his or her behalf
or on behalf of any other person, shall have an interest in any business
transaction with any public body of the City, unless the person shall
first make full public disclosure of the nature of the interest.
(2)
Disclosure and disqualification. Whenever the performance of official
duties shall require an officer or employee to deliberate and vote
on any matter involving his or her financial or personal interest,
that person shall publicly disclose in general terms the nature and
is disqualified from participating in the deliberations and voting
on the matter.
(3)
Dual employment. No officer or employee shall engage in employment
with, or render services for, any person or entity which has business
transactions with any public body of the City without first making
public disclosure in general terms of the nature of the employment
or services.
[10-8-2012 by Ord. No.
1344]
(a)
To provide a procedure for reporting actual and potential conflicts,
the Director of Finance shall annually request a conflict of interest
statement from the following:
(b)
The conflict of interest statement form shall:
(1)
At a minimum, a statement providing for the disclosure of those transactions
between the City and the individual, including the individual's
immediate family;
(2)
Require that a copy of any campaign contribution disclosure filed
with the County Clerk or the Secretary of State be submitted with
the statement;
(3)
Be completed and returned within 30 days after the start of each
fiscal year on a form to be provided by the Director of Finance; and
(4)
Be completed and returned within 30 days whenever a new member is
elected or appointed to the City Council.
(c)
Acceptance of a conflict of interest statement by the Director of
Finance shall not constitute approval of the statement.
(d)
The City Council shall take such action they deem appropriate, as permitted under § 6-12 or as provided by law or charter, concerning any City Council member who fails to complete and return the conflict of interest statement. The City Manager shall take such action he or she deems appropriate concerning any employee who fails to complete and return the conflict of interest statement.
[10-8-2012 by Ord. No.
1344]
The Director of Finance, the City's legal counsel and the
City's independent auditors shall examine all conflict of interest
statements. At the first or second regular City Council meeting in
August, the Director of Finance shall notify the City Council of the
results of the evaluation of these statements. If a conflict of interest
exists that requires disclosure in the City's audited financial
statements, the individual will be notified prior to the printing
of such audited financial statements by the Director of Finance.
[10-8-2012 by Ord. No.
1344]
(a)
Any officer may request the City's legal counsel provide an
advisory opinion interpreting the effect or application of this chapter
generally or on questions directly relating to the propriety of their
conduct in a particular situation.
(b)
Any employee may request, with the approval of the City Manager,
that the City's legal counsel provide an advisory opinion interpreting
the effect or application of this chapter generally or on questions
directly relating to the propriety of their conduct in a particular
situation.
[10-8-2012 by Ord. No.
1344]
(a)
All complaints alleging a violation of this chapter shall be filed
with the City Clerk of the City of Port Huron within 30 days of the
alleged violation or within 30 days of the discovery of the alleged
violation. The complaint shall, at a minimum, contain the following:
(1)
The complainant's legal name and current mailing address;
(2)
The names of any officers or employees who are alleged to have committed
a violation;
(3)
The approximate date of the alleged violation(s);
(4)
A summary of the facts giving rise to the complaint and the section
or sections outlined in this chapter that were allegedly violated;
and
(5)
An explanation of why those facts constitute or may constitute a
violation of this chapter.
(b)
To the extent permitted by law, preservation of the complainant's
name and the information, records and proceedings relating to an investigation
shall be confidential at all times during the investigation of the
complaint.
(c)
Any person who files a complaint alleging a violation of this chapter
knowing that material information provided therein is not true, or
that information provided therein was made in reckless disregard for
the truth, may be subject to a fine of up to $500 as well as the reasonable
costs incurred by the City of Port Huron in investigating the complaint
and the reasonable costs incurred by the respondent in responding
to the complaint.
[10-8-2012 by Ord. No.
1344]
(a)
Upon receipt of a written complaint concerning violation(s) of this
chapter, the City Clerk shall promptly provide a copy to the officer
or employee named therein and the appropriate controlling authority
as provided below:
(b)
If a complaint is filed against the City's legal counsel and
any of his or her designees, the City Council shall designate a neutral
body to investigate the complaint and, if necessary, prosecute the
violation.
(c)
Within 30 business days from receipt of the complaint, the City's
legal counsel shall either provide to the City Clerk a status update
or the final report and recommendation. A subsequent status update
shall be provided every 30 business days thereafter until the report
and recommendation is completed.
(d)
The report and recommendation shall include the following:
(1)
A copy of the complaint;
(2)
A formal written statement from the officer or employee named in
the complaint outlining his or her position regarding the alleged
violation;
(3)
Conclude whether facts alleged in the complaint, if true, would rise
to a violation of this chapter and determine whether the officer or
employee named in the complaint did commit a violation of this chapter;
and
(4)
Provide a recommendation for disposition of the complaint.
(e)
The City Clerk shall provide a copy of any status updates or the
report and recommendation to the appropriate members of the above-listed
controlling authorities.
(f)
The above-listed controlling authorities shall take appropriate action
on the basis of consensus upon any complaint or to otherwise resolve
matters concerning violations of this chapter. The appropriate action
to be taken in any individual case shall be at the discretion of the
controlling authority involved, taking into consideration the recommendation
of the City's legal counsel, which may include, but is not limited
to, any of the following:
(1)
Refer the matter to a higher authority within the St. Clair County
court system;
(2)
Pursue further investigation by the controlling authority;
(3)
Take or recommend appropriate disciplinary action, including removal
from office, appointed position, or employment, in accordance with
state law, the Port Huron City Charter, City Code, other regulations
or policies of the City of Port Huron, or any collectively bargained
agreement;
(4)
Dismissal of the complaint as being without merit with no further
action required; or
(5)
Pursue such other course of action which is reasonable, just and
appropriate under the circumstances.
(g)
To the extent permitted by law, all records or portions of records
thereof pertaining to a complaint that has been dismissed as being
without merit or where public disclosure would clearly constitute
an unwarranted invasion of an individual's privacy shall be considered
a suppressed record and public access shall be denied.
[10-8-2012 by Ord. No.
1344]
(a)
Any officer or employee who is found to have violated a provision(s)
of this chapter shall be deemed guilty of misconduct.
(b)
In addition to any penalty, whether criminal or civil, an officer
or employee who intentionally violates this chapter may be subject
to disciplinary action, including censure, reprimand, removal, dismissal
or discharge.
(c)
Sanctions shall not be construed to diminish or impair the rights
of an officer or employee under any collective bargaining agreement,
nor the City's obligation to comply with such collectively bargained
agreements.
(d)
Any officer or employee who fails to make any disclosure required by § 6-7 may be fined $10 per day, up to a maximum of $500, from the first day the disclosure is due until the disclosure is filed; and
(e)
A violation of this chapter shall not be considered a basis for challenging
the validity of a public body decision.
(f)
The various penalties provided under this chapter are cumulative
to other remedies provided under state law or under the City Charter
and ordinances of the City.
[10-8-2012 by Ord. No.
1344]
The City Clerk shall coordinate the delivery of a copy of this
chapter to each officer or employee as soon as practicable after the
enactment of this chapter, and to each new officer or employee at
the time of employment or taking office. The City Clerk shall also
coordinate that each person has signed and returned an acknowledgment
of receipt of a copy of this chapter.
[10-8-2012 by Ord. No.
1344]
The provisions of this chapter shall supersede all previously
adopted resolutions, policies or procedures pertaining to conflict
of interest, but shall not supersede the provision of any Charter
provision or any other ordinances heretofore or hereinafter enacted
and shall be interpreted and enforced to the extent not inconsistent
with Charter provisions or other ordinances.
