The proper operation of democratic government
requires that Town Councilors be fair, impartial and responsive to
the needs of the people and each other in the performance of their
respective functions and duties; that decisions and policy be made
in proper channels of the Town's governmental structure; that public
office not be used for personal gain; and that such Councilors maintain
a standard of conduct that will inspire public confidence in the integrity
of the Town's government. In recognition of these goals, a Code of
Ethics is hereby established for all Town Councilors, which is not
intended to deny Council members their constitutional rights or violate
their civil rights.
As used in this Article, the following terms
shall have the meanings indicated:
Any corporation, partnership, individual, sole proprietorship
or joint venture or any other legally recognized entity organized
for the purposes of making a profit.
A direct or indirect interest having monetary or pecuniary
value, including but not limited to the ownership of shares of stock.
A spouse or domestic partner, and the following when living
in the household of a Town Council member: children, parents, brothers
and sisters, stepparents, stepchildren, stepbrothers and stepsisters.
A person or group having an interest in a particular part
of the economy and receiving or seeking special advantages thereinafter
to the detriment of the general public.
A member of the Standish Town Council.
Any individual working for, on a regular or temporary basis,
and drawing a salary, wages or stipend from the Town of Standish.
The term "Town employee" shall not include consultants or special
personnel providing services on a short-term contractual basis.
The purpose of this Code is to establish ethical
standards of conduct for all Town Councilors by setting forth those
acts or actions deemed to be in conflict or incompatible, or which
create the appearance of conflict or incompatibility, with the best
interest of the Town of Standish.
A.
The question of whether a Town Council member has
a conflict of interest in any question or contract on which the Council
is voting shall be answered by referring to 30-A M.R.S.A. § 2605.
B.
No Councilor shall participate directly by means of
deliberation, approval or disapproval or recommendation in the purchase
of goods and services for the Town and the award of any contracts
with the Town, except that he/she may be allowed to submit bids for
the same in accordance with the laws of the State of Maine, where
to his/her knowledge there is a financial interest or special interest
other than that possessed by the public generally, in such purchase
or award, held by:
(1)
Himself/herself or a member of his/her immediate family;
(2)
A business in which he/she or a member of his/her
immediate family serves as an officer, director, trustee, partner
or employee in a supervisory or management position; or
(3)
Any other person or business with whom he/she or a
member of his/her immediate family is in business or negotiating or
has an arrangement concerning future employment.
C.
No Town Councilor shall participate by means of deliberation,
approval or disapproval or recommendation in the decision to hire,
promote, discipline or lay off or to take any other personnel action
in respect to any applicant for employment or employee, as the case
may be, where the applicant or employee is:
D.
No Councilor shall purchase any Town asset while in
office.
E.
Council and Town Manager appointed personnel shall
not purchase any Town asset so long as that individual is employed
by the Town of Standish.
No Town Councilor shall, without proper legal
authorization, disclose confidential information concerning the property,
government or affairs of the Town, nor shall he/she use such information
to advance the financial or private interest of herself/himself or
others. For purposes of this section, the term "confidential information"
shall mean any information, oral or written, which comes to the attention
of or is available to such Town Councilor only because of his or her
position with the Town and is not a matter of public record. Information
received and discussed during an executive session of the Standish
Town Council or any Town agency shall be considered within the constraints
of this section and shall not be disclosed to any third party unless
permitted by affirmative vote of such body.
No Town Councilor shall accept any valuable
gift, whether in the form of service, loan, thing or promise, from
any person and/or business which to his/her knowledge is interested,
directly or indirectly, in any manner whatsoever in business dealings
with the Town; nor shall any Town Councilor accept any gift, favor
or thing of value that tends to influence him/her in the discharge
of his/her official duties or grant in the discharge of his/her official
duties any improper favor, service or thing of value.
No Town Councilor shall use or permit the use
of any Town-owned property, including but not limited to motor vehicles,
equipment and buildings, for any private purposes. Nothing herein
shall prohibit the use of Town buildings and equipment at rates and/or
on terms as may be established.
Any Town Councilor who believes he/she or a
member of his/her immediate family has a financial or special interest,
other than an interest held by the public generally, in any proposed
order, ordinance or resolve on the agenda of the Standish Town Council
shall disclose the nature and extent of such interest and have it
recorded by the Clerk on the Town records of such item. Once such
disclosure has been made, such Town Councilor shall refrain and shall
be prohibited, at the discretion of the other members of the Council,
from voting or otherwise participating in the deliberations and the
decision making process on such item. Nothing herein shall be construed
to prohibit any Town Councilor from representing his/her own personal
interest in any such item.
A.
Every Town Councilor shall file with the Town Clerk
within 30 days after the effective date of this Article, and during
the month of July during each calendar year thereafter, a written
statement, under oath, containing the following information to the
best of his/her knowledge and belief: the name of each person or business
doing business with the Town in an amount in excess of $1,000 during
the preceding calendar year from which such Councilor or a member
of his/her immediate family has received money or other thing or value
in an amount in excess of $1,000 during the preceding calendar year,
including campaign contributions.
[Amended 8-10-2004 by Order No. 92-04]
B.
For purposes of this Code, a list prepared by the
Finance Director of those persons or businesses doing business with
the Town in amount in excess of $1,000 for the preceding calendar
year shall be determinative for purposes of reporting under this section.
Income from and financial investments in policies of insurance and
deposits and accounts from commercial or savings banks, savings-and-loan
associations or credit unions shall not be considered to be a financial
interest within the meaning of this section.
No Town Councilor may use his/her official authority
or position for the purposes of unduly influencing or interfering
with or affecting the results of any election, nor shall he/she solicit
funds or contributions or accept or receive funds or contributions
from Town employees for political purposes.
