This ordinance shall be known as the "Code of Ethics for Public
Officials of City of New Buffalo ("Ethics Code").
The purpose of this article is to establish standards of conduct
for all elected, employed and appointed City officials, and it shall
be construed so as to avoid even the appearance of impropriety by
these officials.
As used in this Article
VIII, the words or phrases below shall have the following meanings:
APPOINTEE
An individual holding either a compensated or uncompensated
position who is appointed by the Mayor and/or City Council, not as
an employee of the City, to serve as a member of City boards, commissions,
committees, municipal corporations, and any such bodies that have
State-granted judicial, legislative, or policymaking authority.
BUSINESS ENTITY
Any corporation, company, partnership, sole proprietorship,
joint venture, unincorporated entity or association, social organization,
or any other form of commercial or business entity.
CITY
The City of New Buffalo, a municipal corporation organized
and operated under the laws of the State of Michigan.
CONFIDENTIAL INFORMATION
Any information that has been obtained by or is in the possession
of a public official in the course of his or her duties as a public
official, which is exempt from disclosure to the public pursuant to
the Michigan Freedom of Information Act, MCLA § 15.231 et
seq., as amended, or pursuant to other law, regulation, or policy,
and that the public official is not authorized in writing by a superior
to disclose.
DECISION
A determination, action, advice, vote, or other disposition
upon a motion, proposal, recommendation, resolution, an ordinance
or Charter provision, or any other City action taken by any Public
Official.
DOMESTIC PARTNER
One of two adults who:
B.
Agree to be jointly responsible for each other's basic living
expenses incurred during the domestic partnership;
C.
Are not married under Michigan law or are not a member of another
domestic partnership;
D.
Are at least 18 years of age;
E.
Are capable of consenting to the domestic partnership.
GIFT
Except as otherwise provided in this article, any gratuity,
discount, entertainment, hospitality, loan, forbearance, or other
tangible or intangible item having any monetary value including, but
not limited to, cash, food and drink, travel, lodging, and honoraria
for speaking engagements, any of which are related to or attributable
to an individual's status as a public official.
IMMEDIATE FAMILY
A.
A public official's spouse or domestic partner;
B.
A public official's relatives by marriage or otherwise, lineal
descent, or adoption, including but not limited to grandparents, parents,
aunts, uncles, siblings, children, step-children, grandchildren, and
cousins.
C.
An individual claimed by a public official or the public official's
spouse or domestic partner as a dependent under on any tax return
filed under federal or state tax law.
OWNERSHIP INTEREST
A financial or pecuniary interest that a public official
has in the affairs of:
A.
Any business entity in which the official, a member of his or
her immediate family, or a relative is an officer, director, member,
or employee;
B.
Any business entity in which the public official, a member of
his or her immediate family, or a relative controls, or directly or
indirectly owns, in excess of 5% of the total stock or an interest
totaling $50,000 or more in value; or
C.
Any person or business entity with which the public official
has an oral or written contract or commercial relationship.
PRIVATE GAIN
A public official's use of any City resource, including but
not limited to the City's time, equipment, facilities, supplies, or
staff, which results in or is intended to result in private gain to
the official. Also, any benefit which is accepted or received by a
public official, or is reasonably perceived to be accepted by a public
official, as remuneration or a reward for the purpose of influencing
a public official's decision 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 official to act in favor of some interest
other than the public interest. Unless this standard is violated,
the following types of benefits, monetary payments or reimbursements,
gifts, or awards may be received by a public official:
A.
Payment of salary, compensation, or benefits to the public official
by the City, or the payment of salary, compensation, or benefits to
the public official by an employer or business other than the City
pursuant to a contract where the payment is unrelated to the public
official's position with the City;
B.
Authorized reimbursement by the City to the public official
for actual and necessary expenses incurred by the official;
C.
Fees, expenses, or income, including those resulting from outside
employment, which are permitted to be earned by, or reimbursed to,
the public official in accordance with the Michigan law or City Ordinance,
policies, rules, and/or regulations;
D.
Campaign or political contributions which are made and reported
by a public official in accordance with Michigan law;
E.
Admission or registration fees, travel expenses, entertainment,
meals, or refreshments that are furnished to a public official by
the sponsor of an event, appearance, or ceremony which is related
to official City business in connection with such an event, appearance,
or ceremony and to which one or more members of the public are invited,
or that are furnished to a public official in connection with a speaking
engagement, teaching, or the provision of assistance to an organization
or another governmental entity as long as the City does not compensate
the official for admission or registration fees, travel expenses,
entertainment, meals or refreshments for the same activity;
F.
Admission, regardless of value, to a charitable or civic event
to which a public official is invited in his or her official capacity
where any admission required of all persons attending the event is
waived or paid for by a party other than the City or the public official;
G.
An award publicly presented to the public official by an individual
or a nongovernmental entity or organization in recognition of public
service, acts of heroism, or crime solving;
H.
An award, gift, or other token of recognition presented to the
public official by representatives of a governmental body or political
subdivision who are acting in their official capacities;
I.
A gift received from a public official's relative or immediate
family member, provided that the relative or immediate family member
is not acting as a third party's intermediary or an agent in an attempt
to circumvent this article;
J.
A registration fee for a seminar or other informational conference
that a public official attends in a capacity other than as a speaker,
panelist, or moderator, where such registration fee that is charged
for the public official's attendance is waived or paid for by a party
other than the City or the official;
K.
Expenses or gratuities, including but not limited to admission
fees, lodging, meals, or transportation, that are paid for the public
official and are related to the official's participation at a seminar,
conference, speaking engagement, or presentation in his or her official
capacity as a speaker, panelist, or moderator where such expenses
are waived or paid for by a party other than the City or the official,
provided that, within five business days after the conclusion of the
seminar, conference, speaking engagement, or presentation, the public
official files with the City Clerk a statement which contains the
following information for each expense that is paid for or waived
or for each gratuity that is provided:
1.
A description of the expense or the gratuity;
2.
The amount of the expense or the gratuity;
3.
The date that the expense was incurred, or that the gratuity
was received;
4.
The date that the expense was paid or waived, or that the gratuity
was received; and
5.
The name and address of the party who paid or waived the expense
or provided the gratuity;
6.
Meals or beverages provided to a public official by an individual
or a nongovernmental organization during a meeting related to official
City business;
7.
Anything of any value presented to or received by a public official
on behalf of the City where the thing of value is offered to, and
accepted by, the City;
8.
Complimentary single copies of trade publications, books, reports,
pamphlets, calendars, periodicals, or other informational materials
that are received by a public official;
9.
Compensation paid to a public official for a published work
which did not involve the use of the City's time, equipment, facilities,
supplies, staff, or other resources and where the payment is arranged
or paid for by the publisher of the work;
10.
Receipt of a devise, bequest, or inheritance by a public official.
PUBLIC OFFICIAL
The Mayor, a City Councilmember, any Administrative Officer under Chapter
4 of the City Charter or any employee, member, agent or contractor of any City department, agency, authority, board, commission, or any individual appointed to a City commission, board, or committee that is established pursuant to State law, City Charter, or City Ordinance.
RELATIVE
A person who is related to the public official as spouse
or as any of the following, whether by marriage, blood, or adoption:
parent, child, brother, sister, uncle, aunt, nephew, niece, grandparent,
grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister,
half-brother, half-sister, brother-in-law, or sister-in-law.
Nothing in this article shall be construed to diminish or impair
the rights of any employee under any provision of an applicable collective
bargaining agreement or the City's obligation to comply with any collective
bargaining agreement.
This ordinance repeals in its entirety Ordinance No. 169 of
September 8, 2009 and all other ordinances, and/or parts of ordinances
in conflict with the provisions of this ordinance, except as herein
provided, only to the extent necessary to give this ordinance full
force and effect.
If any section, subsection, clause, phrase, or portion of this
ordinance, or any application thereof, is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such section,
subsection, clause, phrase, or portion of this ordinance, or application
thereof, shall be deemed a separate, distinct and independent provision,
and such holding shall not affect the validity of the remaining sections,
subsections, clauses, phrases, or portions of this ordinance, or any
application thereof.
The repeal or amendment herein shall not abrogate or affect
any offense or act committed or done, or any penalty or forfeiture
incurred, or any pending litigation or prosecution of any right established
or occurring prior to the effective date of this ordinance, as amended.
This ordinance shall take full force and effect on November
9, 2015.