(a)
It
is the policy of the city that all elected and appointed city officials
shall act and conduct themselves so as to give no occasion for distrust
of their integrity, impartiality or their dedication to the best interest
of the city and the public trust which they hold.
(b)
The
citizens have a right to expect that all public officials will conduct
themselves in a manner that will tend to preserve public confidence
in, and respect for, the government they represent.
(c)
The
public confidence and respect can best be promoted if all public officials,
whether paid or unpaid, whether elected or appointed, will uniformly
treat all citizens with courtesy, impartiality, fairness and equality
under the law and avoid both actual and potential conflicts between
their private self-interest and the public trust.
(d)
The
purpose of this code is to establish general guidelines for standards
of conduct for all officers of the city by directing conduct which
is incompatible with the best interests of the city, and by directing
disclosure by officers of private financial or other interests in
matters affecting the city.
(e)
This
code is not intended to interfere with city policies or management
decisions vested within the discretion of city officers. Moreover,
recognizing that public service is time consuming and can involve
complex matters, this code is not intended to scrutinize or penalize
an honest misgiving or inadvertent mistake.
(Ordinance 2930 adopted 12/9/19)
When used in this article, words of one gender include the other
gender and the following terms shall have the meanings respectively
ascribed to them in this section:
Anything reasonably regarded as economic gain or economic
advance, including benefit to any other person in whose welfare the
beneficiary is interested, but does not include a contribution or
expenditure made and reported in accordance with law.
A sole proprietorship, partnership, firm, corporation, holding
company, joint stock company, receivership, trust, or any other entity
recognized by law through which business is conducted.
Includes privileged statements or communications, whether
express or implied, oral or written, between the city officers and
employees and their attorneys, work product of the city attorney or
other attorneys representing the city, its officers and employees,
and city records, documents and other information not subject to public
disclosure or dissemination by law.
The mayor and any member of the city council.
A person acts knowingly, or with knowledge, with respect
to the nature of the person's conduct or to circumstances surrounding
the conduct when the person is aware of the nature of the conduct
or that the circumstances exist. A person acts knowingly, or with
knowledge, with respect to a result of the person's conduct when the
person is aware that the conduct is reasonably certain to cause the
result.
The mayor, any member of the city council and any appointed
member of a board, commission, or committee established by ordinance,
charter, state law or otherwise, on a temporary or permanent basis
excluding those boards, commissions or entities not operating under
the direct authority, or subject to the direct control of the city
council.
Evidence exists sufficient to establish a party's claim,
and which if not rebutted or contradicted, will remain sufficient.
Any interest, including but not limited to a financial interest,
which pertains to a person or business whereby the person or business
would gain a benefit, privilege, exemption or advantage from a city
department or employee that is not available to the general public.
Any person related to an officer or employee within the second
degree by consanguinity or affinity and shall include a spouse, parent,
child, brother or sister, grandparent or grandchild.
A lawyer, with 5 or more years of municipal law experience,
appointed to investigate a particular case of suspected wrongdoing
or which a conflict of interest exists for the usual prosecuting authority.
The lawyer shall not be affiliated with the city attorney or the law
firm appointed by city council to represent the city.
(Ordinance 2930 adopted 12/9/19)
This code does not apply to employees of the city, including
those individuals employed on a full-time, part-time or internship
basis (including those who may serve on a city board, committee or
commission) nor to independent contractors of the city. The standards
of conduct for employees of the city are governed by the personnel
policy and the city charter.
(Ordinance 2930 adopted 12/9/19)
No officer of the city nor a relative of an officer shall knowingly:
(1)
Have
a financial interest, direct or indirect, in any contract with the
city, or be financially interested, directly or indirectly, in the
sale to the city of any land, or rights or interest in any land, materials,
supplies, or service.
The “financial interest” contemplated under this
section requires that the officer receive an actual financial benefit
from the transaction with the city. An actual financial benefit from
the transaction shall not include:
(A)
An ownership in the entity transacting business with the city where
the ownership interest is less than ten percent;
(B)
Compensation as an employee, officer, or director of the entity transacting
business with the city where such compensation is not affected by
the entity's transaction with the city.
(2)
Participate
in a vote or decision on any matter in which the officer has a direct
or indirect “financial interest,” or in which a relative
of the officer has a direct or indirect “financial interest.”
An investment or ownership in a publicly held company in an amount
less than $15,000.00 does not constitute a prohibited “financial
interest” under this code.
(3)
No
councilmember may advocate or appear on behalf of the private interest
of others, during their term of office or for 12 months following
expiration, dismissal or resignation before the city council or any
other board or agency of the city.
(4)
Accept
or solicit any money, property, service or other thing of value, by
way of gift, favor, loan or otherwise, which the officer knows, or
should know, is being offered or given with the intent to unlawfully
influence the exercise or performance of such person's official duties,
or in return for having exercised or performed official duties. The
prohibition against gifts or favors shall not apply to:
(A)
An occasional non-pecuniary gift less than $50.00 in value;
(B)
An award publicly presented in recognition of public service;
(C)
An occasional meal, breakfast, lunch or dinner, where public business
is discussed;
(D)
Tee shirts, caps and other similar promotional material; or
(E)
Any gift which would have been offered or given to the officer if
such person was not an officer.
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Discounts, or food coupons, are not things of value belonging
to the government for purposes of this code due to the administrative
difficulty and cost involved in recapturing the discount or award
for a governmental entity. This section does not prohibit lawful campaign
contributions or expenditures made and reported in accordance with
law.
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(5)
Use
such person's official position or knowledge from the official position
to secure special privileges or exemptions for the purpose of achieving
monetary gain for such person or others.
(6)
Grant
any special consideration, treatment or advantage to any citizen,
individual, business organization or group beyond that which is normally
available to every other citizen, individual, business organization
or group.
(7)
Disclose
confidential information.
(8)
Directly
or indirectly use any confidential information which was gained by
reason of such person's official position for such person's own personal
gain or benefit or for the benefit of others.
(9)
Knowingly
engage in any outside activities which will conflict, or be incompatible
with, such person's position as an officer of the city.
(10)
Accept other employment incompatible with the full and proper discharge
of such person's duties and responsibilities with the city, or which
might impair the officer's independent judgment in the performance
of public duty.
(11)
Use city supplies, equipment or facilities for any purpose other
than for the conducting of official city business, unless otherwise
provided for by law, ordinance or city policy.
(12)
In any zoning matter which may appear before the city council, any
city councilmember who has a financial interest in any property within
200 feet of the zoning request shall disclose the existence of such
interest to other councilmembers, and thereafter abstain from voting
in the matter, and refrain from attempting to influence the vote of
any other councilmember.
(13)
In the event that any matter comes before the city council involving
directly or indirectly the interest of a present business client/customer
of any city councilmember or the interest of a person or entity who
has been a business client/customer of any councilmember within the
prior 12 months and funds received by the councilmember, or the entity
for which the councilmember is employed, from the past/present business
client/customer amount to the sum of $15,000.00 or more in gross income
during such 12-month period, and such fact is known to the councilmember,
then that councilmember shall disclose the existence of such interest
to the other councilmembers, and thereafter abstain from voting in
the matter, and refrain from attempting to influence the vote of any
other councilmember.
(Ordinance 2930 adopted 12/9/19)
All officers, whether elected or appointed, who have a prohibited
“financial interest” in any matter pending before the
city, shall disclose such interest to other members of the city council,
committee, commission or board, of which they are a member, and thereafter
abstain from voting in the matter and refrain from attempting to influence
the vote of any other member.
(Ordinance 2930 adopted 12/9/19)
(a)
All
complaints that an officer has violated the code of conduct outlined
in this code shall be made in writing, sworn to before a notary public,
and filed with the city secretary. Such complaints shall describe
in detail the act or acts complained of and which of the following
specific section(s) of the code alleged to have been violated. A general
complaint lacking in detail or failing to identify one or more of
the aforementioned sections will not be considered sufficient to invoke
the procedures set forth herein and anonymous complaints shall not
be considered. The city secretary shall provide a copy of the complaint
to the affected officer and the city council, and immediately refer
the complaint to the special counsel, who shall review the complaint
to determine if the complaint contains sufficient detail and alleges
a violation of the code. The affected officer may file a written response
to the complaint within seven (7) business days after the complaint
is filed with the city secretary, who shall forward the response,
if any, to the special counsel.
(b)
The
special counsel shall submit a written report to the city council
as soon as possible but not later than twenty (20) business days after
the receipt of the complaint, unless an extension is granted by a
majority of the non-implicated city councilmembers. The special counsel
may contact the complainant, interview witnesses and examine any documents
necessary for the report. Such report shall be comprehensive and explain
in detail all facts, findings, and conclusions in support of the special
counsel's opinion as to whether or not a violation of this code occurred.
When the city attorney receives a vague complaint or one lacking in
detail, the special counsel shall contact the complainant to request
a written clarification. If the complainant fails to provide the special
counsel with written clarification, or if after written clarification
is provided, it is the opinion of the special counsel that the complaint
is insufficient in detail and/or fails to allege a prima facie violation
of the code, a written report to that effect shall be submitted to
the city council. If the special counsel determines that a criminal
violation may exist, the special counsel shall refer the matter to
the appropriate law enforcement agency.
(c)
If
it is determined by the special counsel that the facts as alleged
could constitute a violation of this code, then the special counsel
shall, within twenty (20) business days after receipt of the complaint,
notify the mayor and city councilmembers of the existence and nature
of the complaint. The city council shall cause a meeting to convene,
whether regular or special, within twenty (20) business days after
being so notified by the special counsel to further consider said
complaint in executive session causing such a meeting to be convened.
In any event, the special counsel shall immediately proceed to fully
investigate the alleged improprieties. For purposes of this investigation,
the special counsel shall have all of the powers of investigation
as are given to the city council by reason of the city charter and
shall report back to the city council as soon as possible but in no
event more than twenty (20) business days from the date of notification
of the city council unless an extension is granted by the city council.
Said report shall be comprehensive and explain in detail all facts,
findings and conclusions in support of the special counsel's opinion
as to whether a violation of this code occurred.
(d)
The
city council shall consider the complaint and the special counsel's
report at an executive session of the city council. The affected officer
may request that the complaint be considered in a public meeting.
At such meeting, the special counsel shall present a written report
to the city council describing in detail the nature of the complaint
and the special counsel's findings and conclusions as to a possible
violation of this code. The affected officer shall have the right
to a full and complete hearing before the city council with the opportunity
to call and cross-examine witnesses and present evidence in such person's
behalf. The nonimplicated city councilmembers in attendance shall
conduct a hearing and review the complaint. The city council may reject
the complaint or take action. If all councilmembers are implicated
no action will be taken.
(e)
No
action or decision with regard to the complaint shall be made except
in a meeting which is open to the public.
(f)
The
city council may appoint outside legal counsel or may direct the city
attorney to appoint the special counsel.
(g)
A
complaint or allegation of a violation of this code of ethics may
only be made against an officer while such person holds such position
or office. A complaint made against an officer pursuant to this section
shall be processed and resolved even if such person resigns from,
or ceases to hold such position or office, prior to resolution of
the complaint.
(Ordinance 2930 adopted 12/9/19)
A person must bring a complaint that an officer has violated
this code of ethics not later than two years after the day the complained
of act or acts occurred.
(Ordinance 2930 adopted 12/9/19)
An officer found by the majority of members of the city council
including the mayor to have violated this code of ethics may be disciplined
by the city council in the following manner:
(1)
Written
reprimand; and/or
(2)
A
civil penalty in the amount of money equal to one month's mayoral
or councilmember pay, whichever is applicable, or any other officer
may be assessed a civil penalty in the amount of $500.00.
(Ordinance 2930 adopted 12/9/19)
Any officer may request, and the city attorney shall issue,
a verbal or written opinion (as deemed appropriate) concerning the
meaning or effect of any section, word, or requirement of this code
of ethics as it affects such person.
(Ordinance 2930 adopted 12/9/19)
