For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them:
means a formal written resolution of the city council reprimanding
one of its members for violation of the code of ethics.
means the duties of an officer relative to their service
under the laws and the constitution of the state and the ordinances
of the city.
means any member of the city council and any appointive board,
commission, authority or committee set up by ordinance, resolution,
or state law on a permanent basis, except any members of a board,
commission, authority or committee that functions in an advisory or
study capacity.
means a formal or informal public admonition concerning a
violation of the code of ethics.
means a formal written resolution of the city council imposing
an incentive for securing enforcement which may include, but is not
limited to, disqualification of consideration of a matter, [or] forfeiture
of council appointments or duties.
(Ordinance 2007-02-117, sec. 2,
adopted 3/20/07; Ordinance adopting
Code)
It is hereby declared to be the policy of the city that the
proper operation of democratic government requires that officers be
independent, impartial and responsible only to the people of the city;
that the efficient function of city government requires diligent attendance
to the business of the city by its officers; that the governmental
decisions and policy be made in the proper channels of the governmental
structure; that no officer should have any interest financial or otherwise,
direct or indirect, or engage in any business, transaction or professional
activity or incur any obligation of any nature which is in conflict
with proper discharge of such office in the public interest; that
public office not be used for personal gain; and that the city council
or board or commission at all times shall be maintained as a nonpartisan
body. To implement such a policy, the city council deems it advisable
to enact this code of ethics for all officers, whether elected or
appointed, paid or unpaid, to serve not only as a guide for official
conduct of the city's public servants, but also as a basis for discipline
for those who refuse to abide by its terms.
(Ordinance 2007-02-117, sec. 3,
adopted 3/20/07)
No officer of the city shall:
(1)
Accept
any gift or favor from any person that might reasonably tend to influence
such person in the discharge of official duties, or grant in the discharge
of official duties any improper favor, service or thing of value.
(2)
Use
such person's official position to secure special privileges or exemptions
for such person or others.
(3)
Grant
any special consideration, treatment or advantage to any citizen,
individual, business, organization or group beyond that which is available
to every other citizen, individual, business, organization or group.
(4)
Disclose
information that could adversely affect the property, government or
affairs of the city, or directly or indirectly use any information
gained by reason of such person's official position for such person's
own personal gain or benefit or for the private interest of others.
(5)
Transact
any business on behalf of the city in such person's official capacity
with any business entity with which such person is an officer, agent
or member or in which such person owns a substantial interest. In
the event that such a circumstance should arise, then such person
shall make known such interest, and in the case of an officer, abstain
from voting on the matter, state the reasons for doing so and have
nothing further to do with the matter involved.
(6)
Engage
in any outside activities which will conflict with, or will be incompatible
with, the duties assigned to such person's service to the city or
reflect discredit upon the city, or in which such service in the city
will give to such person an advantage over others engaged in a similar
business, vocation or activity.
(7)
Accept
or engage in outside activities incompatible with the full and proper
discharge of duties and responsibilities of such person with the city,
or which might impair independent judgment in the performance by such
person of public duty.
(8)
Receive
any fee or compensation for services as an officer of the city from
any source other than the city, except as may be otherwise provided
by law. This shall not prohibit such person performing the same or
other services for a private organization that such person performs
for the city if there is no conflict with city duties and responsibilities
of such person.
(9)
(A)
Represent, while an officer, directly or indirectly, or appear in
behalf of private interests of others before any agency of the city
or any board, commission, authority or committee, or represent any
private interest of others in any action or proceeding involving the
city, or participate on behalf of others in any litigation to which
the city might be a part, or even accept any retainer or compensation
that is contingent upon a specific action taken by the city or any
of its agencies, except as may be authorized by law.
(B)
Represent, while an officer, directly or indirectly, or appear in
behalf of the private interests of others before the board, commission,
authority or committee of which such person is a member, or before
the city council or board which has appellate jurisdiction over the
board, commission, authority or committee of which such person is
a member, with regard to matters that may be the subject of specific
action by any such body.
(10)
Use the prestige of such person's position or office in behalf of
any single political party in such a way that it gives the impression
of being endorsed by the government of the city, but such person shall
at all times maintain the nonpartisan policy of the city; provided
that all officials are encouraged to register, participate, and vote
as they may choose in all elections.
(11)
Knowingly perform or refuse to perform any act in order to deliberately
thwart the execution of the city ordinances, rules or regulations
or the achievement of official city programs.
(12)
Use city supplies, equipment or facilities for any purpose other
than the conduct of official city business unless these supplies,
equipment or facilities are authorized through an appropriate contract
or license or membership available to the general public or otherwise
made available for public use.
(13)
Engage willfully and knowingly in any dishonest act or be convicted
of any crime involving moral turpitude, in connection with their duties
in office, which is prejudicial to the government of the city or impairs
the operation of the city. Nothing contained herein shall be construed
to mean that conviction of solely a class C misdemeanor shall be construed
as grounds for unethical conduct.
(Ordinance 2007-02-117, sec. 4,
adopted 3/20/07)
Any officer who has either a personal or private interest in
any matter pending before such person's office shall disclose such
interest to the other members thereof, and shall refrain from discussing
the same publicly with any other member thereof and shall not vote
thereon.
(Ordinance 2007-02-117, sec. 5,
adopted 3/20/07)
Attendance of all officers at meetings of their respective office
shall be mandatory unless excused. In order for an absence to be considered
excused, an officer shall be responsible for notifying the mayor or
chairperson in the event of an absence prior to any meeting. If the
officer notifies the mayor, mayor pro-tem, deputy mayor pro-tem or
chairperson in any other manner or after the absence, the validity
of the excuse shall be decided by the membership of the council or
board. A partial absence and a complete absence shall be considered
the same. The officers may compel attendance of their members at all
of their respective meetings.
(Ordinance 2007-02-117, sec. 6,
adopted 3/20/07)
The failure of any officer to comply with or the violation of
one or more of the [provisions of the] code of ethics set forth in
this article, which apply to such person, shall constitute grounds
for reprimand, censure, or subject the member to sanctions or actions.
In the case of a city council member, the matter shall be decided
by a majority of the remainder of the council members. In the case
of members of boards, commissions, committees and authorities, the
matter shall be referred by the chairperson to the city council. The
decision of the city council shall be final in the absence of bias,
prejudice or fraud.
(Ordinance 2007-02-117, sec. 7,
adopted 3/20/07; Ordinance adopting
Code)
