[Ord. No. 2020-187, 12-21-2020]
The proper operation of government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all Town officials and employees is adopted. The purpose of this ethics code is to establish guidelines for standards of conduct for all such officials and employees by setting forth those acts or actions that are incompatible with the best interests of the Town, by directing disclosure by such officials and employees of private financial or other interests in matters affecting the Town and by imposing sanctions upon public officers or employees who violate the provisions of this Article.
[Ord. No. 2020-187, 12-21-2020]
As used in this Article, the following words shall have the following meanings:
BUSINESS ENTITY
Means any corporation, limited liability company, sole proprietorship, firm, partnership representation, association, venture, trust or corporation for profit.
CONTRACT
Means any express or implied agreement which creates, modifies, or terminates a particular relationship with the Town, and shall include the designation of a depository for public funds.
INTEREST
Means a pecuniary or valuable benefit accruing to a public officer or employee, individually, as a result of a contract or transaction which is, or may be, the subject of an official act or action by or with the Town, except for such contracts or transactions which by their terms and by the substance of their provisions confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated.
(1) 
For the purposes of this Article, a public officer or employee shall be deemed to have an interest in the affairs of:
a. 
Any relative;
b. 
Any person or business entity with whom a contractual relationship exists with the public officer or employee;
c. 
Any business entity in which the public officer or employee is an officer, director, owner, employee or investor;
d. 
Any business entity in which the stock of, or legal or beneficial ownership of, in excess of five percent (5%) of the total legal and beneficial ownership, is controlled by or owned by the public officer or employee.
OFFICIAL ACTION
Means any legislative, administrative or appointive act of any officer or employee of the Town, or any agency, board, committee or commission thereof.
PUBLIC OFFICER OR EMPLOYEE
Means any person holding a position by election, appointment or employment in the service of the Town, whether paid or unpaid.
RELATIVE
Means any person related to any public officer/employee by blood or marriage, to include, but not be limited to, parents, spouses, children, brothers and sisters, parents-in-law, nephews, nieces, aunts, uncles, first cousins, grandparents, grandchildren, and children-in-law, and a divorce or separation between spouses shall not be deemed to terminate any such relationship.
[Ord. No. 2020-187, 12-21-2020]
The following requirements shall constitute a code of ethics establishing reasonable standards and guidelines for the ethical conduct of public officers and employees of the Town.
(1) 
No public officer or employee having the power or duty to perform an official act, related to a contract or transaction which is the subject of an official act or action of the Town, shall:
a. 
Have or thereafter acquire an interest in such contract or transaction, unless said contract or transaction resulted from the proper bid process for the Town;
b. 
Have an interest in any business entity representing, advising or appearing on behalf of any person involved in such contract or transaction with the Town;
c. 
Have solicited or accepted present or future employment with a person or business entity involved in such contract or transaction with the Town, or;
d. 
Have solicited, accepted or granted a present or future gift, favor, service, or thing of value from or to a person involved in a contract or transaction with the Town, except that provisions of this Subsection shall not apply to an occasional nonpecuniary gift of fifty dollars in value or less, or to an award publicly presented in recognition of public service.
(2) 
No public official or employee shall attempt to influence the hiring, rate of pay, or appointment of any relative by the Town.
(3) 
No relative shall be hired into any position unless proper notification and advertisement has been made to insure all potential applicants receive an equal opportunity for employment.
(4) 
No public officer or employee with respect to any contract or transaction which is, or may be, the subject of an official act or action of the Town shall personally acquire an interest in any property which may be affected by such action; nor disclose any confidential information concerning a contract or transaction which may involve the Town for the purpose of advancing any private interest.
(5) 
No public employee shall engage in or accept private employment or render service for private interest when such employment or service would tend to impair his or her independence of judgment or action in the performance of his or her official duties.
(6) 
No public official shall engage in or accept private employment or render service for private interest when such employment or service would tend to impair his or her independence of judgment or action in the performance of his or her official duties, unless such official discloses the conflict for the public record and abstains from voting on such issue. Furthermore, the official shall remove himself or herself from the room where such discussion and voting takes place.
(7) 
No public officer or employee shall appear on behalf of any person, other than himself or herself, his or her spouse, minor children, parents or grandparents before any Town agency. However, a member of the Town Council may appear before any municipal agency on behalf of his or her constituents in the course of his or her duties as a representative of the electorate or in the performance of public or civic obligations.
(8) 
No public officer or employee who in his or her capacity as such officer or employee participates in the making of a contract in which he or she has a private pecuniary interest, direct or indirect, or performs in regard to that contract some function requiring the exercise of discretion on his or her part shall enter into any contract with the Town unless the contract is awarded through proper bid process.
(9) 
No public officer shall request or permit the unauthorized use of any Town-owned vehicles, equipment, personnel, materials or property for personal convenience or profit.
(10) 
No public officer or employee shall request or grant a special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen in similar circumstances or need.
(11) 
A public official or employee shall not, at any time within two (2) years after his or her termination from his or her position with the Town, appear before any board, commission, committee, or agency of the Town in relation to or with respect to any matter in which he or she was directly involved in the review, acceptance, policy formulation, or administration of such matter while a Town official or employee.
(12) 
At any meeting or gathering of three (3) or more members of the Town Council or any appointed board of the Town, the members shall not discuss any public business, nor shall matters pertaining to public business be presented unless such meeting is open to the general public and prior notice for such meeting has been given.
[Ord. No. 2020-187, 12-21-2020]
A public officer or employee shall remove himself or herself from any conflict or as follows:
(1) 
Any elected or appointed public official or employee who has an interest in any proposed action before the Town Council or a board or commission of which the public official or employee is a member shall immediately disclose the nature and extent of such interest, which such disclosure being a matter of public record.
(2) 
The public official or employee shall not vote on the proposed action before the Town Council, other board or commission.
(3) 
Said public official or employee shall not participate in any discussion on the proposed action.
[Ord. No. 2020-187, 12-21-2020]
A public officer or employee who violates any of the provisions of this ethics code shall be subject to the following penalties:
(1) 
In all cases, the determination of the Town Council as to whether there has been a violation shall be final.
(2) 
In the case of a Town Council member, if a violation is established to the satisfaction of a majority of the Town Council, such violation shall be grounds for an official reprimand by the Town Council.
(3) 
In the case of a board member, if a violation is established to the satisfaction of a majority of the Town Council, such violation shall be grounds for an official reprimand by the Town Council and grounds for termination of such person's appointment to any board of which he or she is a member. If the Town Council votes to terminate the appointment of a board member upon such grounds, the Town Council may appoint another person to fulfill the term of the individual removed from office.
[Ord. No. 2020-187, 12-21-2020]
Any apparent violations of any of this Article may be referred to the Town Council for investigation. If, upon investigation, the Town Council finds that a violation of the guidelines contained in Section 2-222 has occurred, the Town Council may caution or reprimand the public officer or employee responsible thereof or take such other action as it deems to be in the best interests of the Town.