It is hereby declared to be the policy of the Town that the
proper operation of democratic government requires that public officials
and employees be independent, impartial and responsible only to the
people of the Town; that the governmental decisions and policy be
made in the proper channels of the governmental structure; that no
officer, employee or member of any standing committee or board 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 the proper
discharge of his duties in the public interest; that public office
not be used for personal gain; and that the Town Council at all times
shall be maintained as a nonpartisan body. To implement such a policy,
the Town Council deems it advisable to enact a code of ethics for
all officials and employees, whether elected or appointed, paid or
unpaid, to serve not only as a guide for official conduct of the Town’s
public servants, but also as a basis for discipline for those who
refuse to abide by its terms.
(1971 Code, sec. 2-81)
In this article, unless the context otherwise requires:
Any person employed by the Town, including those individuals
on a part-time basis, but shall not be extended to apply to any independent
contractor.
Any member of the Town Council and any appointive member
of a board, commission or committee set up by ordinance or State law
on a permanent basis; but does not include members of a board, commission
or committee that functions only in an advisory or study capacity
and which does not have the power to make findings as to the rights
of specific parties.
(1971 Code, sec. 2-82)
No officer or employee of the Town shall:
(1)
Accept
any gift or favor from any person, firm or corporation that might
reasonably tend to influence him in the discharge of his official
duties, or grant in the discharge of his official duties any improper
favor, service or thing of value.
(2)
Use
his official position to secure special privileges or exemptions for
himself 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.
This shall not prohibit the granting of fringe benefits to Town employees
as a part of their contract of employment or as an added incentive
to the securing or retaining of employees.
(4)
Disclose
information that could adversely affect the property, government or
affairs of the Town, nor directly or indirectly use any information
gained by reason of his official position or employment for his own
personal gain or benefit or for the private interest of others.
(5)
Transact
any business on behalf of the Town in his official capacity with any
business entity with which he is an officer, agent or member, or in
which he owns a substantial interest. In the event that such a circumstance
should arise, then he shall make known his interest, and in the case
of an officer, abstain from voting on the matter, or in the case of
an employee, turn the matter over to his superior for reassignment,
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 him in the employment of the Town, or
reflect discredit upon the Town, or in which his employment in the
Town will give him an advantage over others engaged in a similar business,
vocation or activity.
(7)
Accept
other employment or engage in outside activities incompatible with
the full and proper discharge of his duties and responsibilities with
the Town, or which might impair his independent judgment in the performance
of his public duty.
(8)
Receive
any fee or compensation for his services as an officer or employee
of the Town from any source other than the Town, except as may be
otherwise provided by law. This shall not prohibit his performing
the same or other services for a private organization that he performs
for the Town if there is no conflict with his Town duties and responsibilities.
(9)
(A)
No Town Councilman or employee shall represent, directly or indirectly,
or appear in behalf of private interests of others before any agency
of the Town or any Town board, commission or committee, nor shall
he represent any private interest of others in any action or proceeding
involving the Town, nor participate on behalf of others in any litigation
to which the Town might be a party, nor shall he ever accept any retainer
or compensation that is contingent upon a specific action taken by
the Town or any of its agencies.
(B)
No other officer shall represent, directly or indirectly, or appear
in behalf of the private interests of others before a board, commission
or committee of which he is a member, or before the Council or board
which has appellate jurisdiction over the board, commission or committee
of which he is a member, with regard to matters that may be the subject
of specific action by any such body.
(10)
Use the prestige of his position in behalf of any political party,
but he shall at all times maintain the nonpartisan policy of the Town,
provided that all officials and employees are encouraged to register
and vote as they may choose in all local, state and national elections.
(11)
Knowingly perform or refuse to perform any act to deliberately thwart
the execution of the Town ordinances, rules or regulations, or the
achievement of official Town programs.
(12)
Use Town supplies, equipment or facilities for any purpose other
than the conduct of official Town business.
(13)
Engage in any dishonest or criminal act or any other conduct prejudicial
to the government of the Town or that reflects discredit upon the
government of the Town.
(1971 Code, sec. 2-83)
Any officer, whether elected or appointed, who has either a
personal or private interest in any matter pending before his committee
or board, shall disclose such interest to the other members of the
committee or board and shall refrain from discussing the same with
any other member of the committee or board and shall not vote thereon.
(1971 Code, sec. 2-84)
Any officer, whether elected or appointed, shall be disqualified,
for a period of three (3) years after termination of service with
the Town, from entering into any transactions or contracts with the
Town where he shall have a financial interest either directly or indirectly.
(1971 Code, sec. 2-85)
Each year, at the time of the annual audit of the financial
affairs of the Town, the Town’s auditor shall comment in a special
report to the Town Council on any and all financial transactions between
the Town and its officers and employees.
(1971 Code, sec. 2-86)
The failure of any officer or employee to comply with or who
violates one or more of the foregoing standards of conduct which apply
to him shall constitute grounds for expulsion, reprimand, removal
from office or discharge, whichever is applicable. In the case of
a Town Councilman, the matter shall be decided by a majority of the
remainder of the Councilmen. In the case of members of boards or commissions,
the matters shall be decided by the Town Council. The decision of
these bodies shall be final in the absence of bias, prejudice or fraud.
(1971 Code, sec. 2-87)
