This Code of Ethics applies to all Town officials
after the effective date of these procedures.
This Code of Ethics becomes effective on June
30, 1993.
The Town Clerk shall cause a copy of the Code
of Ethics to be distributed to every public official and employee
of this Town within 30 days after enactment. Each public official
and employee engaged thereafter shall be furnished a copy at the time
of his/her appointment or election.
If the application of this chapter to any person
or circumstance is found to be invalid or unconstitutional, such invalidity
or unconstitutionality shall not affect the other provisions or applications
of this Code of Ethics.
A.
Professionalism. Public officials and employees shall
demonstrate dedication to effective democratic local government and
shall commit to a belief that professional administration is essential
to the achievement of this objective.
B.
Integrity. Public officials and employees shall demonstrate
the highest standards of personal integrity and honesty in all public
activities in order to inspire public confidence and trust in Barnstable's
local government.
C.
Interest in contract or transaction. No public official
or employee shall perform or participate in an official act with regard
to a transaction in which he or she has an interest.
D.
Gifts. No public official or employee shall accept
from any person involved in any transaction with the Town any present
or future gift in excess of $50, or thing of value, as an inducement
for an official act or action. Any such gift shall be conclusively
presumed to have been accepted as an inducement for an official act
or action unless accepted for and promptly surrendered to the sole
use and benefit of the Town.
E.
Disclosure of information. No public official or employee
with respect to any transaction which is or which is reasonably expected
to become the subject of an official act or action shall, without
proper legal authorization, disclose confidential information concerning
the property, government or affairs of the Town or use such information
to advance the interest as defined above of such public official or
employee or his or her family members.
F.
Appearances. No public official or employee and no
member of any agency, board, committee or commission shall appear
on behalf of any private person or business entity, other than himself
or herself or a family member, before any Town agency, board, committee
or commission.
G.
Merit-based decisions. Public officials and employees
shall manage all personnel matters on the basis of merit so that fairness
and impartiality govern the Town's decisions pertaining to appointments,
pay adjustments, promotions and discipline. No appointment to or employment
in any Town position shall be dependent on political activity.
H.
Political activity. No employee shall be required
to engage in any political activity as a condition of employment.
Employees should refrain from participating in the election of members
of the Town Council, and from all partisan political activities which
would impair performance as a professional administrator/employee.
I.
Discrimination, fraud, and mismanagement. Public officials
and employees are encouraged to eliminate all forms of illegal discrimination,
fraud, mismanagement of public funds and to support colleagues if
they are in difficulty because of responsible efforts to correct such
discrimination, fraud, mismanagement or abuse.
J.
Information. Public officials and employees shall
respect and protect the privileged information to which employees
have access in the course of official duties.
Any public official or employee who has (or
whose family members have) an interest in a transaction which is the
subject of an official act or action shall disclose on the record
of the agency, board, committee or commission which performs such
official act, or to the Town Manager in the case of employees, the
nature and extent of such interest.
All members of the Town Council, Planning Board
and Zoning Board of Appeals shall file a Statement of Economic Interest
with the Town Clerk annually at such time as shall be established
by the Town Council. Such statement will be a form as shall be approved
by the Town Council (upon recommendation of its Rules and Ethics Committee)
and provided by the Town.
It is recognized that no written code of this
nature can provide specifically for all possible contingencies. Any
questions regarding the propriety of any transaction or the proper
interpretation of this Code of Ethics may be brought to the attention
of the Town Attorney at any time. The Town Attorney shall maintain
a record of all hypothetical and actual instances considered under
this Code of Ethics which shall serve as a guide for future compliance
with and enforcement of this policy. The Town Attorney shall, consistent
with his responsibilities under the law, maintain confidentiality
in said consultation and shall exercise his responsibilities as appropriate.
In order to augment these provisions, public
officials and employees are encouraged to refer to Chapter 268A of
the Massachusetts General Laws, the International City/County Management
Association Code of Ethics, the American Society of Public Administration's
Code of Ethics, and ethics guidelines offered by other professional
associations to which either public officials or employees belong.
