[Ord. No. 3398, 8-20-2018]
It is the policy of the City of Salem, Missouri, to uphold,
promote and demand ethical conduct from its elected and appointed
public officials (hereinafter "public officials"). The citizens and
businesses of the City are entitled to have fair, ethical and accountable
local government. The City recognizes the importance of codifying
and making known to the general public the ethical principles that
guide the work of public officials. Public officials of the City are
to maintain the highest standards of personal integrity, truthfulness
and fairness in carrying out their public duties. In order to fulfill
this mission, the City hereby adopts a code of ethics for public officials
to assure public confidence in the integrity of local government and
its effective and fair operation.
[Ord. No. 3398, 8-20-2018]
Stewardship of the public interest shall be the public official's
primary concern, working for the common good of the citizens of the
City and avoiding actions that are inconsistent with the best interests
of the City. All person, claims and transactions coming before the
Board of Aldermen or any City board, commission or committee shall
be assured of fair and equal treatment.
[Ord. No. 3398, 8-20-2018]
Public officials are agents of public purpose and hold office
for the benefit of the public. They are bound to uphold the laws of
the nation, State and the City and to carry out impartially these
laws in the performance of their public duties to foster respect for
all government. These laws, include, but are not limited to, the United
States and Missouri Constitutions, the laws of the State of Missouri
and City ordinances.
[Ord. No. 3398, 8-20-2018]
The professional and personal conduct of public officials shall
be above reproach and shall avoid even the appearance of impropriety.
Public officials shall refrain from abusive conduct, personal charges
or verbal attacks upon the character or motives of the Mayor, other
members of the Board of Aldermen, boards, commissions, committees,
City staff and the public.
[Ord. No. 3398, 8-20-2018]
A. Public
officials shall perform their duties in accordance with the processes
and rules of order as established by the Board of Aldermen, boards,
commissions and committees governing the deliberation of public policy
issues, meaningful involvement of the public and implementation of
policy decisions of the Board of Aldermen by City staff.
B. Public
officials shall be loyal to the political objectives expressed by
the electorate and the programs developed to attain those objectives.
[Ord. No. 3398, 8-20-2018]
Public officials shall prepare themselves for the public issues,
listening courteously and attentively to all public discussion before
the body and focus on the business at hand. Officials shall refrain
from interrupting other speakers, making personal comments not germane
to the business of the body or otherwise interfere with the orderly
conduct of meetings.
[Ord. No. 3398, 8-20-2018]
Public officials shall base their decisions on the merits and
the substance at hand.
[Ord. No. 3398, 8-20-2018]
Public officials shall publicly share with the body substantive
information that is relevant to a matter under consideration by the
Board of Aldermen or any boards, commissions and committees of the
City which they may have received from sources outside the public
decision-making process.
[Ord. No. 3398, 8-20-2018]
A. In
order to assure independence and impartiality on behalf of the common
good, public officials shall not use their official positions to influence
government decisions in which they have a material financial interest
or personal relationship, which may give rise to the appearance of
a conflict of interest or impropriety. As a result, public officials
shall disclose investments, interest in real property, sources of
income and gifts and shall abstain from participating in deliberations
and decision-making where conflicts may exist.
B. Public
officials should avoid action, whether or not specifically prohibited,
which might result in or create the appearance of:
1. Using their public office for private gain;
2. Offering preferential treatment to any person;
3. Impeding City efficiency and economy;
4. Losing complete independence or impartiality;
5. Making a City decision outside of official channels; and
6. Affecting adversely the confidence of the public and the integrity
of the City.
[Ord. No. 3398, 8-20-2018]
Public officials shall comply with the requirements of Missouri
law relating to the acceptance and reporting of gifts, gratuities
and favors.
[Ord. No. 3398, 8-20-2018]
Other than public information or with legal authorization, public
officials shall not disclose or furnish to anyone any information
concerning City property, personnel, litigation or proceedings of
the City that was obtained as a result of their positions with the
City. This Section shall not be construed to limit, hinder or prevent
the divulgence or use of the information in the performance of official
duties, but shall prohibit the use of or the providing of information
that would place the public official or the recipient in a vantage
position over the general public and thereby constitute a violation
of public trust. Confidential information, shall include, but not
be limited to, any written information which is not subject to disclosure
pursuant to Missouri law or any other statutory exemption regarding
public records or any oral information which was not discussed at
an open public meeting.
[Ord. No. 3398, 8-20-2018]
A. Unless
specifically permitted by City policy, the use of City facilities,
equipment, vehicles, supplies, on-duty personnel or other goods or
services is limited to City business. Public resources may not be
used for private gain or personal purposes except on the same basis
that they are otherwise normally available to the public. Normal rental
or usage fees may not be waived except in accordance with City policy.
B. A public
official may use the City's name, letterhead, logo or seal only when
it would be perceived as representing the City or the body as a whole
and only with the prior consent of the Board of Aldermen. However,
this provision will not prohibit individual Aldermen members from
using City letterhead and resources to write personal congratulatory
letters, letters of recommendations, references, endorsements and
such may be written on by an Alderman on City letterhead with a copy
being provided to each member of the Board of Aldermen and City Clerk.
C. A public
official shall not utilize the City's name, letterhead, logo or seal
for the purpose of endorsing any political candidate, business, commercial
product or service.
[Ord. No. 3398, 8-20-2018]
As stewards of the public interest, the Mayor and members of
the Board of Aldermen shall not appear on behalf of the private interests
of third parties before the Board of Aldermen or any other board,
commission, committee or proceeding in the City. Public officials
of boards, commissions and committees shall not appear before their
own bodies or before the Board of Aldermen on behalf of the private
interests of third parties on matter related to the areas of service
of their bodies.
[Ord. No. 3398, 8-20-2018]
Public officials shall represent the official policies or positions
of the City to the best of their abilities when designated as delegates
for this purpose. When representing their individual opinions and
positions, public officials shall explicitly state that they do not
represent their body or the City and they shall not give the inference
that they do.
[Ord. No. 3398, 8-20-2018]
Public officials shall respect and adhere to the City Administrator
form of government as outlined in the ordinances, policies and procedures
with respect to the City Administrator's relationship to the Board
of Aldermen. In this structure, the Board of Aldermen determine the
policies of the City with the advice, information and analysis provided
by the public, boards, commissions, committees and City staff. Except
as provided by City ordinance, Board of Aldermen members shall not
interfere with the administrative functions of the City or the professional
duties of City staff or impair the ability of staff to implement City
policy decisions.
[Ord. No. 3398, 8-20-2018]
The value of independent advice and recommendations of boards,
commissions and committees to the public decision-making process is
of such significance that members of the Board of Aldermen should
refrain from using their positions to influence the deliberations
or outcomes of board, commission and committee proceedings.
[Ord. No. 3398, 8-20-2018]
The City strongly disapproves of and does not tolerate harassment
of any kind. Public officials shall avoid offensive or inappropriate
harassing behavior. Complaints of harassment will be promptly and
carefully investigated in accordance with City policy.
[Ord. No. 3398, 8-20-2018]
Public officials shall support the maintenance of a positive
and constructive workplace environment for the City employees and
for citizens and businesses dealing with the City. Public officials
shall recognize their roles in dealing with City employees and refrain
from creating the perception of inappropriate action to City staff.
[Ord. No. 3398, 8-20-2018]
Whenever any public official, subject to this policy, is in
doubt as to the proper interpretation or application of this code
of ethics policy, that public official may submit to the City Attorney
a full written statement of the facts and questions. The City Attorney
shall then render a written opinion to such public official and shall
publish his or her opinion without use of name of the public official
involved unless such public official permits the use of a name.
[Ord. No. 3398, 8-20-2018]
A. The
code of ethics for public officials of the City is intended to be
self-enforcing. Therefore, it becomes most effective when public officials
are thoroughly familiar with it and embrace its provisions. For this
reason, these ethical standards shall be included in the regular orientation
of candidates for Board of Aldermen, newly elected officials and appointed
members of all boards, commissions and committees of the City.
B. Public
officials entering office shall receive a statement certifying that
they have read and understand the City's code of ethics. Signing the
statement is optional. However, all public officials are subject to
the provisions of the code of ethics whether or not the statement
is signed.
C. The
code of ethics shall be reviewed biannually by the Board of Aldermen.
Recommendations received from the review shall be considered by the
Board of Aldermen. The code of ethics shall be updated, as necessary,
in May of even-numbered years.
[Ord. No. 3398, 8-20-2018]
A. The
City's code of ethics expresses standards of ethical conduct expected
for the public officials of the Board of Aldermen, boards, commissions
and committees. Public officials themselves have the primary responsibility
to assure that ethical standards are understood and met and that the
public can continue to have full confidence in the integrity of the
government.
B. A person
making a complaint against a public official for violation of this
policy shall submit the complaint, in writing, to the City Attorney
who will determine its legal sufficiency. The written complaint must
be based substantially upon the personal knowledge of the complainant
and must be signed under oath or affirmation by the person filing
the complaint.
C. If
the City Attorney determines that the complaint is legally sufficient,
the City Attorney shall hire and appoint a Hearing Officer to determine
if probable cause of the violation(s) of this policy exists. If the
Hearing Officer determines that probable cause does exist for violation
of this policy, the Hearing Officer shall report the finding to the
Board of Aldermen.
D. The
Board of Aldermen shall make a final determination upon a majority
vote of all members, except for any member of the Board of Aldermen
which is the subject of a complaint. The hearing by the Board of Aldermen
shall not be subject to the strict rule of evidence and the standard
of proof required for a final determination of violation of this policy
shall be a preponderance of the evidence. At the discretion of the
Board of Aldermen, sanctions may include private or public reprimand
or censure, removal or exclusion from leadership positions, governing
board and other official positions or duties that do not conflict
with Missouri Statutes.