[Amended 12-9-2020 by Ord. No. 2020-OR-09]
The provisions of this chapter shall apply to all elected and
appointed officials of the Town of Edmonston and all full- and part-time
employees of the Town of Edmonston, and the Town Attorney and the
Town Engineer.
[Amended 12-9-2020 by Ord. No. 2020-OR-09]
Except in the proper exercise of an administrative or ministerial
duty which does not affect the disposition or decision with respect
to the matter, Edmonston officials and employees who are subject to
this chapter shall not:
A. Participate on behalf of the Town in any matter which would have
a direct financial impact on them, their spouse, child, parent, brother
or sister or a business entity with which they are affiliated. Nothing
in this section shall be construed to preclude the Town Attorney or
Town Engineer from collecting fees from the Town for services performed
on its behalf.
B. Solicit any gift, or accept gifts of any value from any person or
entity that has or is negotiating a contract with the Town, is regulated
by the Town, or has a financial interest which may be substantially
and materially affected by the performance or nonperformance of said
official or employee's duties. For purposes of this section,
"gift" does not include unsolicited gifts not exceeding a total value
of $25 in a calendar year or trivial items of informational value.
C. Use the prestige of their office or public position for their own
benefit or that of another; provided, however, that the performance
of usual and customary constituent services, without additional compensation,
does not constitute the use of the prestige of office for private
gain.
D. Use confidential information acquired in their official Town position
for their own benefit or that of another.
[Added 10-14-2020 by Ord.
No. 2020-OR-06]
The following actions by an elected or appointed official, or
a Town employee, are prohibited:
A. Private or personal use of Town vehicles or equipment; and
B. Removal of metal or other objects provided for deposit in dumpsters
designated by the Town for collection.
[Added 12-9-2020 by Ord.
No. 2020-OR-09]
There shall be a Town of Edmonston Ethics Commission which shall
be composed of three or five members who are not employed by the Town
and who are appointed by the Mayor with the approval of the Council.
Each member so appointed will serve a term of two years, except that
one of the three members first appointed or two of the five members
first appointed to the Commission shall serve a term of three years.
Members of the Ethics Commission may continue to serve in the position
after the expiration of their term until they are removed, or a successor
is appointed and qualifies. No Commission member shall be removed
except for good cause. If a Commission member is unwilling or unable
to complete their term, or has been removed, then the Mayor shall
appoint another individual, with the approval of the Council, to serve
the remainder of the term. The Commission shall act by a vote of a
majority of the quorum. The Commission shall be advised by the Town
Attorney and shall have the following responsibilities:
A. To devise, receive and maintain all forms generated by this chapter.
B. To provide advisory opinions to officials and employees as to the
applicability of the provisions of this chapter to them, which shall
be retained in the records of the Town.
C. To process and make determinations as to complaints filed by any
person alleging violations of this chapter. The Commission shall investigate
and make determinations as to any conduct that the Commission believes
may be in violation of this chapter, whether upon complaint or on
its own motion. The Commission has the power to levy penalties and
other sanctions pursuant to the rules set forth in this chapter. The
Commission has the power of subpoena to require the attendance of
persons and the production of evidence at final hearings.
D. To conduct, when requested by the Mayor and Town Council, a public
information program regarding the purposes and application of this
chapter.
E. To provide to the Town a copy of all records produced by the Commission,
said records to be maintained in the Town office.
F. The Commission shall determine if changes to this chapter are advisable
and shall forward any recommended changes and amendments to the Town
Council for enactment.
G. The Commission may adopt other policies and procedures to assist
in the implementation of the Commission's programs established
in this chapter.
[Added 12-9-2020 by Ord.
No. 2020-OR-09]
A. Advisory opinions.
(1) Any person subject to this chapter may request an advisory opinion
from the Commission concerning the application of this chapter.
(2) The Commission shall respond promptly to a request for an advisory
opinion and shall provide interpretations of this chapter based on
the facts provided or reasonably available to the Commission.
(3) In accordance with all applicable state and Town laws regarding public
records, the Commission shall publish or otherwise make available
to the public copies of the advisory opinions, with the identities
of the subjects deleted. The name of the person requesting the advisory
opinion and the names of all persons or business entities mentioned
in the opinion shall be deemed confidential information and shall
not be disclosed by the members of the Commission unless each person
or business entity waives such confidentiality.
B. Complaints.
(1) Any person may file a complaint with the Commission alleging a violation
of any of the provisions of this chapter.
(2) A complaint shall be in writing and under oath.
(3) The Commission may refer a complaint to the Town Attorney, or other
legal counsel if appropriate, for investigation and review. If the
Ethics Counsel determines that the complaint is time barred or does
not assert facts that, if proven true, would constitute a violation
of this chapter, the Ethics Counsel may recommend that the Commission
dismiss the complaint without notice to the subject of the complaint
or a hearing. Upon receipt of the recommendation, the Commission may
dismiss the complaint.
(4) The Commission may dismiss a complaint if, after receiving an investigative
report, the Commission determines that there are insufficient facts
upon which to base a determination of a violation.
(5) If there is a reasonable basis for believing a violation has occurred,
the subject of the complaint shall be given an opportunity for a hearing
conducted in accordance with the applicable Town rules of procedure.
(6) A final determination of a violation resulting from the hearing shall
include findings of fact and conclusions of law.
(7) Upon finding of a violation, the Commission may take any enforcement action provided for in §
41-3 of this chapter.
(8) After a complaint is filed and until a final finding of a violation
by the Commission, all actions regarding a complaint are confidential.
A finding of a violation is public information.
[Added 12-9-2020 by Ord.
No. 2020-OR-09]
All elected and appointed officials and employees shall disclose
to the Ethics Commission, in writing, the substance of any transaction,
anticipated transaction or other action which presents a potential
conflict of interest as described in this chapter. The disclosure
shall include a description of the official's or employee's
direct financial interest in the contemplated action and a detailed
description of any economic interest or impact resulting from the
contemplated action. Disclosure should be made, whenever possible,
at least 30 days prior to the contemplated action.