[HISTORY: Adopted by the City Council of the City of Bridgman 12-15-2008 by Ord. No. 174. Amendments noted where applicable.]
A.
The citizens of Bridgman are entitled to have fair, ethical and accountable
local government that has earned the public's full confidence
for integrity.
B.
Furthermore, the effective functioning of democratic government requires
that public officials comply with both the letter and spirit of the
laws and policies affecting the operations of government; public officials
be independent, impartial and fair in their judgment and actions;
public office be used for the public good, not for personal gain;
and public deliberations and processes be conducted openly, unless
legally confidential, in an atmosphere of respect and civility.
C.
To this end, the Bridgman City Council adopts this Code of Ethics
for Bridgman City officials to assure public confidence in the integrity
of local government and its effective and fair operation.
A.
APPOINTED PERSONS
CANDIDATE
CITY
CITY OFFICIALS
COUNCIL
ELECTED
EMPLOYEE
FAMILY MEMBER
As used in this chapter, the following words and phrases shall have
the following meanings:
A person selected and installed in an office or position
at the City of Bridgman by the Mayor, Manager, and/or City Council,
including but not limited to the Planning Commission, Zoning Board
of Appeals, and the Board of Review.
Someone who seeks or who has been proposed for an office,
position, or award.
The City of Bridgman.
All candidates, appointed persons, and any other person elected
to any position at the City of Bridgman, including but not limited
to the City Council members, subordinate boards and committees of
the City Council. This definition does not include a volunteer not
appointed or elected to office.
The City Council of the City of Bridgman.
Chosen by the eligible voters of the City.
A person working for the City for wages, salary, or other
benefits and under the control and supervision of the City as to hours,
work standards, and rules of work, etc.
Spouse, child, or any family members within the second degree
of consanguinity to the City official or the City official's
spouse.
B.
All words not otherwise defined in this section shall be presumed
to have their ordinary dictionary meaning.
Recognizing that stewardship of the public interest must be
their primary concern, City officials will work for the common good
of the people of Bridgman and not for any private or personal interest,
and they will assure fair and equal treatment of all persons, claims,
and transactions coming before the City.
City officials shall comply with the laws of the nation, the
State of Michigan, and the City of Bridgman in the performance of
their public duties. These laws include, but are not limited to: the
United States and Michigan constitutions; the Bridgman City Charter;
laws pertaining to conflicts of interest, contracts with public entities,
election campaigns, financial disclosures, employer responsibilities,
and open processes of government; and City ordinances and policies.
City officials shall perform their duties in accordance with
the processes and rules of order established by the City Council and
the City Charter governing the deliberation of public policy issues,
meaningful involvement of the public, and implementation of policy
decisions of the City Council by City staff.
City officials shall prepare themselves for public issues, listen
courteously and attentively to all public discussions before the body,
and focus on the business at hand. They shall refrain from interrupting
other speakers, making comments not germane to the business of the
body, or otherwise interfering with the orderly conduct of meetings.
City officials shall publicly share substantive information
that is relevant to a matter under consideration, which they may have
received from sources outside of the public decisionmaking process.
A.
A City official, in the performance of his or her public duties,
shall not act upon any matter in which they have a material financial
interest, or where they have a legal or fiduciary duty to another
organization or entity or personal relationship that may give the
appearance of a conflict of interest, without disclosing the full
nature and extent of the interest to the other members of the City
Council on the official record. Such disclosure must be made before
the time to perform their duty or concurrently with the performance
of the duty.
B.
The disclosure required by this subsection shall not supplant, but
instead shall supplement, any disclosure of a personal, contractual,
financial, business, employment or pecuniary interest required by
state statute.
A.
City officials should refrain from financial and business dealings
that would tend to reflect adversely on the officials' impartiality, interfere with
the performance of their public duties or exploit their official position.
City officials should not take any special advantage of services,
goods or opportunity for personal gain that is not available to the
public in general.
B.
City officials and any family member claimed as a dependent of the
official shall refrain from soliciting or accepting any gifts, loans
or favors, except that an official and a family member claimed as
a dependent of the official may:
(1)
Accept a gift or honorarium, not exceeding a value of $100, for services
rendered in the performance of their public duties or other activity
devoted to the improvement of cities, communities and the lives of
citizens.
(2)
Accept ordinary social hospitality; a gift, bequest, favor or loan
from a relative; a wedding or engagement gift; a loan in the regular
course of business from a lending institution on the same terms as
generally available to the public; and a scholarship, grant or fellowship
awarded on the same terms as applied to other applicants.
(3)
Accept any other gift, favor or loan only if the donor is not a person
or entity whose interests have come or are likely to come before the
City.
(4)
Solicit and accept campaign contributions.
City officials shall respect the confidentiality of information
concerning the property, personnel or affairs of the City. They shall
neither disclose nor divulge to an unauthorized person confidential
information acquired in the course of their duties in advance of the
time prescribed for its authorized release to the public without proper
legal authorization, nor use such information to advance their personal,
financial or other private interests.
Public resources, including City staff time, equipment, supplies,
and facilities, not available to the public in general, shall only
be used for the benefit of the public and not for City official's
personal or private use.
In keeping with their role as stewards of the public interest,
City officials shall not appear on behalf of the private interests
of third parties, including their spouses and family members within
the second degree of consanguinity to the City officials or their
spouse, before the City Council or any board, committee, Council or
proceeding of the City.
City officials shall represent the official policies or positions
of the City Council to the best of their ability when designated as
delegates for this purpose. When presenting their individual opinions
and positions, City officials shall explicitly state they do not represent
their body or the City of Bridgman, nor will they allow the inference
that they do.
A.
City officials
shall respect and adhere to the Council-Manager structure of Bridgman
City government as outlined by the Bridgman City Charter. In this
structure, the City Council as a whole determines the policies and
directives of the City with the advice, information, and analysis
provided by the public, subordinate boards, committees, and City employees.
B.
City officials
therefore shall not interfere with the administrative functions of
the City or the professional duties of City employees; nor shall they
impair the ability of staff to implement City Council policy decisions.
Because of the value of the independent advice of subordinate
boards, committees, and councils to the public decisionmaking process,
members of the City Council shall, except when the Council member
is a member of the public body, limit their participation in the proceedings
of such subordinate public bodies to the communication of requested
information and providing factual information relevant to the discussion
at hand and shall not otherwise attempt to unduly influence the deliberations
or outcomes of the proceedings.
A.
City officials shall support the maintenance of a positive and constructive
workplace environment for City employees and for citizens and businesses
dealing with the City. City officials shall recognize their special
role in dealings with City employees so as to in no way create the
perception of inappropriate direction to staff nor, except for the
purpose of inquiry, give specific orders to subordinates of the City
Manager.
B.
Because City officials' actions and comments contribute to the
environment in which all City employees must work, in order to create
and promote a positive work environment under no circumstances shall
City officials, either in public or private, intimidate, humiliate,
or otherwise abuse a City employee.
A.
This Code of Ethics for Bridgman City officials expresses standards
of ethical conduct expected by Bridgman City officials. City officials
themselves have the primary responsibility to assure that they understand
and meet the ethical standards expressed in this Code of Ethics and
that the public can continue to have full confidence in the integrity
of government.
B.
All City officials shall have a responsibility to intervene when
actions of another City official, which appear to be in violation
of the Code of Ethics, are brought to their attention. Requests to
investigate or take action to enforce this Code of Ethics shall be
brought to the City Attorney, and if the attorney has reasonable suspicion
of a violation of the Code of Ethics, the Mayor, or any three officials,
may require the setting of a public hearing at a regular or special
meeting of the City Council to determine whether a violation of the
Code of Ethics has occurred and, if so, what sanctions shall be imposed
for the violation.
C.
The City Council may impose sanctions on City officials whose conduct
does not comply with the City's ethical standards. Sanctions
may include reprimand, formal censure, loss of committee assignment,
restrictions on budget or travel, and removal from office as provided
by the City Charter or by the Governor in the manner and for the causes
provided by law. A violation of this Code of Ethics shall not be considered
a basis for challenging the validity of a City Council decision.
A.
As an expression
of the standards of conduct for City officials expected by the public,
this Code of Ethics is intended to be self-enforcing. It therefore
becomes most effective when City officials are thoroughly familiar
with it and embrace its provisions.
B.
For this
reason, ethical standards shall be included in the regular orientations
for newly elected or appointed City officials. In addition, the City
Council shall annually review the Code of Ethics for Bridgman City
officials.
City officials entering office after election or appointment
shall sign a statement affirming that they have read and understand
the Code of Ethics for Bridgman City officials. Each City official,
upon being elected or appointed to a position as a City official,
shall sign the following official's Statement of Acknowledgment,
which shall be kept on file in the Clerk's office.
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Bridgman City Official Statement of Acknowledgment
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As a Bridgman City Official, I agree to uphold the Code of Ethics
adopted by the City Council and conduct myself by the following model
of excellence. I will:
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Recognize the worth of individual members and appreciate their
individual talents, perspectives, and contributions;
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Help create an atmosphere of respect and civility where individual
members, City staff, and the public are free to express their ideas
and work to their full potential;
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Respect the dignity and privacy of individuals and organizations;
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Respect and maintain the nature of confidential and privileged
information and opinions acquired as a result of my position;
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Conduct my public affairs with honesty, integrity, fairness,
and respect for others;
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Avoid and discourage conduct that is divisive or harmful to
the best interests of Bridgman;
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Keep the common good as my highest purpose and focus on achieving
constructive solutions for the public benefit.
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I affirm that I have read and fully understand the Code of Ethics
for Bridgman City Officials and will abide by the provisions contained
therein.
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Date/Sign/Printed Name/Office.
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