The purpose of this code is to establish ethical
standards of conduct for all City employees, City Councilors and board
and commission members by setting forth those acts or actions deemed
to be in conflict or incompatible, or to create the appearance of
conflict or incompatibility, with the best interests of the City of
Bangor.
There are certain provisions of the general
statutes of the State of Maine which should, while not set forth herein,
be considered an integral part of this code. Accordingly, the provisions
of the following sections of the general statutes of the State of
Maine, as may be amended, are hereby incorporated by reference and
made a part of this Code of Ethics and shall apply to all City employees,
City Councilors, board members and commission members of the City
of Bangor whenever applicable as if more fully set forth therein:
A.
17 M.R.S.A. § 3104, Conflicts of interest;
purchases by the state.
B.
17-A M.R.S.A. § 456, Tampering with public
records or information.
C.
17-A M.R.S.A. § 602, Bribery in official
and political matters.
D.
17-A M.R.S.A. § 603, Improper influence.
E.
17-A M.R.S.A. § 604, Improper compensation
for past action.
F.
17-A M.R.S.A. § 605, Improper gifts to public
servants.
G.
17-A M.R.S.A. § 606, Improper compensation
for services.
H.
17-A M.R.S.A. § 607, Purchase of public
office.
I.
17-A M.R.S.A. § 608, Official oppression.
J.
17-A M.R.S.A. § 609, Misuse of information.
K.
17-A M.R.S.A. § 903, Misuse of entrusted
property.
L.
21-A M.R.S.A. § 504, Persons ineligible
to serve.
M.
30-A M.R.S.A. § 2605, Conflicts of interest.
N.
30-A M.R.S.A. § 5122, Interest of public
officials, trustees or employees.
[Added 10-23-2017 by Ord.
No. 17-363]
A.
The purpose of this provision is to clearly establish the expectation
of unbiased, fair, impartial, and equitable treatment of all persons.
B.
City Councilors, City employees, board members, and commission members
shall conduct themselves in a manner that does not discriminate unlawfully
against any person because of race, color, religion, sex, national
origin, age, physical or mental disability, genetic information, gender,
gender identity, sexual orientation, socioeconomic status, cultural
group, or political status.
C.
All persons, irrespective of personal characteristics or other distinctions,
to include, but not limited to, race, ethnic background, national
origin, gender, gender identity, sexual orientation, religion, socioeconomic
status, age, cultural group, or political status, shall be treated
in the same basic manner under the same or similar circumstances.
A.
No City employee, City Councilor, board member or
commission member shall participate directly, by means of deliberation,
approval or disapproval or recommendation, in the purchase of goods
and services for the City and the award of any contracts with the
City, except as permitted under the City's Purchasing Regulations
and under the laws of the State of Maine, where to their 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)
That individual or a member of their immediate family;
(2)
A business in which that individual or a member of
their 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 or with which
that individual or a member of their immediate family is in business
or is negotiating or has an arrangement concerning future employment.
B.
No City Councilor, board member or commission member
shall participate, by means of deliberation, approval or disapproval
or recommendation, in the decision to hire, promote, discipline, lay
off or to take any other personnel action in respect to any applicant
for City employment or City employee where said applicant or employee
is:
C.
Employees.
(1)
Except as authorized under the City's published Personnel
Rules and Regulations, no City employee shall participate, by means
of deliberation, approval or disapproval or recommendation, in the
decision to hire, promote, discipline, lay off or to take any other
personnel action in respect to any applicant for City employment or
City employee where said applicant or employee is:
(2)
Action by a City employee shall be deemed authorized
under this subsection when such action is permitted under the City's
published Personnel Rules and Regulations or when the City Council
has waived those rules so as to allow creation of a supervisory relationship
that would otherwise violate the published rules.
[Amended 10-25-2004 by Ord. No. 04-249]
No City employee, City Councilor, board member
or commission member shall, without proper legal authorization, disclose
confidential information concerning the property, government or affairs
of the City, nor shall they use such information to advance their
financial, special, or personal interest or the financial, special,
or personal interest of 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
City employee, City Councilor, board member or commission member only
because of their position with the City and is not a matter of public
record. Information received and discussed during an executive session
of the Bangor City Council or any City agency called pursuant to 1
M.R.S.A. § 405 et seq. 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.
[Added 10-23-2017 by Ord.
No. 17-364]
A.
This provision provides parameters to be followed when using social
media while working or during activities related to work for the public.
Its purpose is to offer a means to distinguish between personal opinions
or comments and opinions or comments in one's official capacity. Its
intent is to respect protected speech and First Amendment rights.
B.
The use of online social networks can blur the lines between private
opinions and comments and those that are made in one's official capacity.
Any use of social media by a person associated with the City may be
perceived as representing the City and City government. Hence, discretion
and caution are needed.
C.
Social media refers to online communications tools, including but
not limited to online social networks such as Facebook, professional
networks such as Linkedin®, microblogging tools such as Twitter
and Tumblr, photograph and video sharing sites such as Pinterest and
YouTube, and personal blogging and online forum sites.
D.
All those governed by the Code of Ethics must, on their personal
social media accounts, include a qualifying statement that substantially
adheres to the following form: "The views I express on this site are
my own and do not reflect any official view or position of the City
of Bangor."
Inappropriate uses of private social media include, but are
not limited to:
(1)
Disclosure of confidential or proprietary information about or relating
to the City, its customers, or its employees, private citizens, or
private businesses;
(2)
Any statements or posted materials that could reasonably be considered
to represent the views or position of the City or one of its departments,
unless an official position has been taken;
(3)
Posting or messaging in a manner that could reasonably give rise
to an expectation that someone contacting the person would receive
an official response.
A.
No City employee, City Councilor, board member or
commission member shall accept any gift, favor or thing of value,
whether in the form of service, loan, thing or promise, from any person
or business which to their knowledge is interested directly or indirectly
in any manner whatsoever in business dealings with the City, nor shall
any City employee, City Councilor, board member or commission member:
B.
Nothing herein shall prohibit the acceptance of gifts or favors by City employees, City Councilors, board members or commission members from members of their immediate families. In determining whether a violation of this section has occurred, the Board of Ethics, in cases referred to it pursuant to § 33-21 of this code, shall consider the monetary or pecuniary value of the gift, favor or thing received; any special economic value the gift, favor or thing received may have to the recipient; the circumstances under which the gift, favor or thing concerned was received; and whether a public disclosure of the receipt was made by the recipient at the time.
No City employee, City Councilor, board member
or commission member shall use or permit the use of any City-owned
property, including but not limited to motor vehicles, equipment and
buildings, for any private purposes. Nothing herein shall prohibit
use of City buildings and equipment at rates and/or on terms as may
be established. Nothing herein shall prohibit the use of City equipment
or motor vehicles by City employees in accordance with written policies
established by the City Council, City Manager or City department head
concerned, nor shall this code be deemed to prohibit private use of
surplus City property legally disposed of by the City or its departments
in compliance with established procedures.
[Added 1-11-1999 by Ord. No. 99-46]
The following provisions apply to solicitations
by City of Bangor officials and employees for the benefit of the City
or for the support of City programs or activities.
A.
City Council. No member of the City Council, during
their term of office, shall solicit donations of money, property or
items of value from any individual or business for the benefit of
the City of Bangor or for the support of any City program or activity.
No City Council member may directly receive or accept any such donation,
whether or not solicited by the Council member concerned. This subsection
does not prohibit the following:
(1)
Solicitations of individuals related to the Councilor
concerned by blood, marriage or adoption;
(2)
Solicitations of businesses in which the Councilor
concerned holds an equity interest as proprietor, partner or shareholder;
(3)
General statements of support for particular fund-raising
efforts, provided that the statements of support are directed at the
public at large and not at any particular individual or business;
and
(4)
Solicitations expressly authorized by City Council
ordinance or order.
C.
City officials.
(1)
No City official with approval authority over any
City-issued permit, license, benefit or contract shall solicit donations
of money from any individual or business for the benefit of the City
of Bangor or for the support of any City program or activity.
[Amended 10-25-2004 by Ord. No. 04-249]
(2)
Officials subject to the provisions of this subsection
include the following:
(a)
City Clerk.
(b)
Planning Officer.
(c)
Police Chief.
(d)
Director, Community and Economic Development.
(e)
Fire Chief.
(f)
Code Enforcement Officer.
(g)
City Code inspectors, building inspectors, fire
inspectors and engineering inspectors.
(h)
City Engineer.
(i)
City Solicitor.
(j)
Assistant City Solicitor.
(l)
City Assessor.
(m)
Purchasing Agent.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(n)
Finance Director.
(o)
Director of Public Health and Community Services.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(p)
Airport Director.
(q)
Director of Health and Community Services.
[Amended 11-14-2007 by Ord. No. 07-319]
(r)
Director of Government Operations.
(u)
Director of Parks and Recreation.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(v)
Director of Public Works.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(3)
This subsection does not prohibit the following:
(a)
Solicitations of individuals related to the
official concerned by blood, marriage or adoption;
(b)
Solicitations of businesses in which the official
concerned holds an equity interest as proprietor, partner or shareholder;
(c)
General statements of support for particular
fund-raising efforts, provided that the statements of support are
directed at the public at large and not at any particular individual
or business;
(d)
Solicitations expressly authorized by City Council
ordinance or order;
(e)
Applications for funding or grants from an established
public agency or charitable foundation; and
(f)
Assessment and collection of franchise fees,
taxes, fees for services, rent, development impact fees and other
amounts owed to the City.
(g)
Officials subject to this subsection may solicit
donations of property and items of value, other than money, for the
benefit of the City or for the support of City programs or activities,
if the solicitation has been authorized by the City Council Finance
Committee and is reasonably within the normal scope of the official's
duties.
D.
Nonschool City employees. City employees, other than School Department employees, shall not solicit donations of money, property or items of value from any individual or business, for the benefit of the City of Bangor or for the support of any City program or activity, without prior approval by the City Manager, City Council, or City Council Finance Committee. This subsection does not prohibit activities listed in § 33-9.1C(3)(a) through (f). All funds, property and items of value received as a result of such solicitations shall be processed and deposited in the manner prescribed by the City Finance Director.
E.
School Department employees. No employee of the Bangor
School Department shall solicit donations of money, property or items
of value for the benefit of the School Department, except in the manner
prescribed by the Bangor School Committee or Superintendent.
A.
No City employee shall appear on behalf of any third-party
interest before any City agency or represent a third party interest
in any action, proceeding or litigation in which the City or one of
its agencies is a party. Nothing herein shall prohibit any City employee
from appearing as a witness when duly called by a party for the purpose
of giving nonprivileged testimony before any City agency or in any
such action, proceeding or litigation. Nothing herein shall prohibit
any City employee, on behalf of their personal interest, from appearing
before any City agency.
[Amended 10-25-2004 by Ord. No. 04-249]
B.
No City Councilor shall either appear on behalf of
any third-party interest before any City agency or represent a third
party interest in any action, proceeding or litigation in which the
City or one of its agencies is a party. Nothing herein shall prohibit
a Councilor, on behalf of a constituent in the course of their duties
as a representative of the electorate, or any Councilor, on behalf
of their personal interest, from appearing before a City agency.
C.
No board or commission member shall appear on behalf
of any third-party interest before a City agency of which they are
a current member. Nothing herein shall prohibit a board member or
commission member, on behalf of their personal interest, from appearing
before any City agency, including that of which they are a current
member, but such board member or commission member shall not deliberate
or vote on the item concerned.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Deliberation and vote prohibited. No City Councilor,
board member or commission member shall, in such capacity, participate
in the deliberation or vote, or otherwise take part in the decisionmaking
process, on any agenda item before their collective body in which
they or a member of their immediate family has a financial or special
interest, other than an interest held by the public generally.
B.
Disclosure of conflict. Any City Councilor, board
member or commission member who believes that they or a member of
their immediate family has a financial or special interest, other
than an interest held by the public generally, in any agenda item
before their collective body shall disclose the nature and extent
of such interest, and the City Clerk or their designee shall make
a record of such disclosure. Such disclosure shall be made no later
than the date of the first meeting of the City Council, board, commission
or committee thereof at which the agenda item concerned is to be taken
up for consideration, recommendation, discussion or vote and at which
the City Councilor, board member or commission member is present.
Additionally, any City Councilor, board member or commission member
who believes that any fellow City Councilor, board member or commission
member, or a member of such fellow City Councilor's, board member's
or commission member's immediate family has a financial or special
interest, other than an interest held by the public generally, in
any agenda item before their collective body shall disclose the nature
and extent of such interest, and the City Clerk or their designee
shall make a record of such disclosure.
C.
Determination of conflict. Once the issue of conflict
has been raised relative to an individual City Councilor, committee
member, board member or commission member and disclosure has been
made as provided above, such individual's fellow City Councilors,
committee members, board members or commission members shall review
the facts as disclosed to them and shall vote on whether or not such
individual has a financial or special interest with respect to the
agenda item concerned. All conflict of interest questions relating
to a particular agenda item shall be resolved prior to any consideration
of the item concerned, and each City Councilor, committee member,
board member or commission member present shall be entitled to vote
on all conflict of interest questions except those questions pertaining
to that individual Councilor's, committee member's, board member's
or commission member's alleged conflict of interest.
(1)
All votes of conflict of interest questions shall
be recorded. A majority vote shall determine the question, but a vote
by committee may later be reviewed by the full City Council upon the
City Council's consideration of the same agenda item.
(2)
Upon determination that a conflict of interest in
fact exists, the City Councilor, committee member, board member or
commission member concerned shall be excused from participating in
discussion, deliberation or vote on the relevant agenda item.
(3)
In lieu of the vote required by this subsection, the City Council, upon motion and by majority vote, may refer the conflict of interest question to the City Board of Ethics in accordance with § 33-21 of this code or may table its consideration of the relevant agenda item. In the event that a majority of the City Council, board or commission concerned, or committee thereof, shall require disclosure of further information not immediately available or shall require confirmation of the information disclosed, consideration of the relevant agenda item shall be postponed to an appropriate time.
D.
Avoidance of appearance of conflict. To avoid the appearance of a violation of this section, once any individual City Councilor, board member or commission member is determined to have a conflict of interest in respect to any agenda item and once all conflict of interest questions relating to the agenda item concerned have been determined as provided in Subsection C above, said individual shall immediately remove themselves from the meeting room. They shall not return to their regular seat as a member of the body until deliberation and action on the item is completed. If the item has not been finally resolved when the conflict of interest is first determined, said individual shall not be present for any subsequent action on the agenda item. Nothing herein shall require an individual Councilor, board member or commission member to remove themselves for any item contained on a consent agenda on which there is no deliberation, the individual's conflict has been determined by the other members and the right to abstain from voting on the item has been granted.
[Amended 10-13-2010 by Ord. No. 10-304]
E.
Personal interest. Nothing herein shall be construed
to prohibit any City Councilor, board member or commission member
from representing their own personal interest by appearing before
their collective body on any such agenda item.
F.
Municipal budget.
[Added 3-26-2018 by Ord.
No. 18-136]
(2)
If during the Council discussion of the approval of the municipal
budget the Council decides to deliberate upon a line item of the budget
on which a councilor has been previously determined to have a conflict
or has previously abstained, then the Councilor shall not participate
in the deliberations on that particular line item. Upon the conclusion
of any such deliberation, the Councilor shall continue to participate
in other budget deliberations and vote on the municipal budget.
(3)
It is the intent of this provision that all Councilors shall participate
in the deliberation and vote on the municipal budget when it is presented
to the Council for approval, but that no Councilor shall participate
in a deliberation on or vote on any specific provision in the municipal
budget for which the Councilor has previously been determined to have
a conflict or has previously abstained.
[Added 10-23-2017 by Ord.
No. 17-365]
Any City Councilor, board member or commission member who believes
that they or a member of their immediate family has a special or financial
interest, other than an interest held by the public generally, in
any agenda item before their collective body may, after disclosure
of the nature and extent of such interest, publicly state their intent
to abstain from participation in the deliberation or vote, or otherwise
taking part in the decisionmaking process on the agenda item. However,
the City Council, board, or commission may by motion and vote determine
that there is no conflict and that the City Councilor, board member
or commission member shall not be permitted to abstain from participating
and voting on the agenda item.
[Amended 6-11-2007 by Ord. No. 07-174; 8-27-2012 by Ord. No.
12-266]
Within 15 days after each annual municipal election
every City Councilor and School Committee member shall file a completed
disclosure form with the City Clerk. Within 30 days after their appointment,
every board member and every commission member shall file a completed
disclosure form with the City Clerk. Such disclosure forms shall be
under oath and shall contain the following information to the best
of the disclosing party's knowledge and belief:
A.
The name of each person or entity, whether incorporated
or not, doing business with the City in an amount in excess of $1,000
during the preceding calendar year from which such disclosing party,
their spouse, or member of their immediate family actually residing
in the household has received money or other thing of value in an
amount in excess of $1,000 during the preceding calendar year, including
but not limited to campaign contributions, where applicable.
B.
The name of each entity, whether incorporated or not,
doing business with the City in an amount in excess of $1,000 for
the preceding calendar year in which such disclosing party, their
spouse, or member of their immediate family actually residing in the
household has a financial interest in an amount in excess of $1,000,
including but not limited to the ownership of shares of stock.
C.
The name of each nonprofit and/or for-profit entity,
whether incorporated or not, for which such disclosing party, their
spouse, or member of their immediate family actually residing in the
household holds a position of officer or member of any board.
(1)
For each such entity, such disclosing party shall
provide the following information:
(a)
A brief description of the purpose of each board
and/or office;
(b)
A short summary of such disclosing party's or
family member's duties relative to any such board and/or office;
(c)
The term of service on each such board and/or
office; and
(d)
Whether or not such disclosing party or family
member receives compensation for service on such board and/or office
and the extent to which such compensation exceeds $100 in the aggregate
annually.
(2)
For purposes of this subsection, "compensation" shall
include, but not be limited to, monetary compensation, gifts, gratuities,
perks, fringe benefits, services and any other thing of value.
D.
Every City Councilor, board member and commission
member shall amend their annual disclosure statement as may be required
from time to time to ensure the continued accuracy thereof. Each such
amendment shall be made within 15 days following the occurrence which
requires the amendment.
E.
The City Clerk shall deliver a copy of each completed
disclosure statement to every fellow member of the City Council, board
or commission of each disclosing party within 30 days after the expiration
of the filing period.
F.
For purposes of this code, a list prepared by the
Finance Director of those persons or entities doing business with
the City in an amount in excess of $1,000 for the preceding year shall
be determinative for purposes of reporting under this section. Income
from, and financial investments in, policies of insurance and deposits
in accounts from commercial or savings banks, savings and loan associations
or credit unions and the ownership of less than 5% of the outstanding
shares of stock in a publicly held corporation shall not be considered
to be a financial interest within the meaning of this section.
No City employee, City Councilor, board member
or commission member shall participate in any political activity which
would be in conflict or incompatible with the performance of their
official functions and duties for the City. In conjunction therewith,
no City employee, City Councilor, board member or commission member
may use their official authority or position for the purposes of influencing
or interfering with or affecting the results of any election, nor
shall they solicit funds or contributions or accept or receive funds
or contributions from City employees for political purposes. No City
Councilor, board member or commission member may distribute pamphlets
or handbills while they are performing official functions and duties
with the City. Nothing herein shall be construed to prohibit any City
employee, City Councilor, board member or commission member from participating
in the political process in their private capacity as candidates for
elected office or as private citizens.
[Added 10-13-2021 by Ord.
No. 21-335]
A.
Background. Bangor public officials, whether elected or appointed, retain their full, constitutionally guaranteed, First Amendment rights as private individuals. The Code of Ethics respects and protects these rights. One of the responsibilities of elected or appointed officials is to separate protected personal discourse from matters of governance. This section of the Code of Ethics addresses this responsibility. For the general duties of a public official to exercise fairness and impartiality see § 33-1.
B.
Use of titles. In making written or oral statements, elected or appointed
City officials may use their titles upon, and only upon, the following
circumstances:
(1)
When so doing does not violate any other provision of this Code
of Ethics or any provision of the Code of ordinances, state law, or
federal law; and
(2)
When:
(a)
The City Council has specifically authorized the official to
speak on behalf of the City; or
(b)
The information conveyed:
[1]
Is consistent with the official position of the City as that
position was adopted by the Council or is consistent with the official
decision of an applicable board, commission, or committee and the
context of the communication only involves that applicable board,
commission, or committee; and
[2]
References the appropriate decision by or position of the City
Council, or to the decision of the applicable board, commission, or
committee; or
(c)
When it is made clear and unambiguous that the official is speaking
in their individual capacity and not on behalf of the entire City
or a board, commission, or committee.
C.
Disclaimers. Disclaimers are only required when there could be ambiguity regarding the capacity in which an elected or appointed official is communicating. In a typical disclaimer, a speaker (or writer) might say (or write), "Speaking for myself;" or "Speaking as an individual;" or "Although I hold the office of ________, I am speaking tonight as a private individual. My remarks should not be interpreted as representing my office or the City of Bangor's official policy." A speaker (or writer) might also say (or write), "I make these remarks in my personal capacity, and not as ________. These remarks should not be interpreted as representing the City of Bangor." The most important aspect of any disclaimer is to remove ambiguity. Section 33-13.1B(2)(c) makes it the official's duty to ensure that there is no ambiguity. In this regard, City officials should be cautious of the circumstances or conditions of any statement and be wary of concerted or group action, which increases the likelihood that such action will be perceived as an act or endorsement of the City itself.
D.
Other considerations. Other ordinances and laws relate to the use
of titles, and each must be followed. Without limitation and before
using their titles, City officials should consider the following provisions:
the Freedom of Access Act (Title 1, Chapter 13, of the Maine Statutes);[1] Title 17-A, Section 608, of the Maine Revised Statutes; § 33-1.1 of the Code of Ordinances; § 33-7.1 of the Code of Ordinances; and § 33-13 of the Code of Ordinances.
[1]
Editor's Note: See 1 M.R.S.A. § 400 et seq.
No City employee, City Councilor, board member
or commission member shall occupy any other office, elected or appointed,
in any other governmental entity when the duties of such office are
incompatible with the proper discharge of their official duties with
the City. For purposes of this code, the occupancy of any office,
elected or appointed, with any other governmental entity by any City
Councilor, board member or commission member is hereby prohibited
in the following circumstances:
A.
Where the duties of the other office make it a physical
impossibility to discharge the duties of the City position;
B.
Where one office is subordinate to the other;
C.
Where one office carries the power of removal of the
other; or
D.
Where the occupancy of both offices is prohibited
by the City Charter or by other provisions of law.
The provisions of this section shall apply to
all persons doing business with the City of Bangor as vendors, suppliers
or contractors, including potential vendors, suppliers and contractors
submitting bids or proposals in response to a City solicitation or
advertisement.
A.
Gratuities and kickbacks.
(1)
Gratuities. It shall be a violation of this code for
any person to offer, give or agree to give any City employee, City
Councilor, board member or commission member a gratuity or an offer
of employment in connection with any decision, approval, disapproval,
recommendation or award pertaining to a City purchase order, contract,
construction contract or professional services contract or with respect
to any solicitation, advertisement, request for bids, request for
proposals or any bid, proposal or other response thereto.
(2)
Kickbacks. It shall be a violation of this code for
any person to solicit, offer, give, accept or receive any undisclosed
gratuity or offer of employment in connection with the award or potential
award of any subcontract or contract modification or change order
under a City of Bangor prime contract for construction, procurement
or professional services. To be valid, any disclosure under this subsection
must be made in writing to the City of Bangor Purchasing Agent prior
to the date of opening of any proposals or bids on the prime contract
concerned. Notwithstanding an otherwise valid written disclosure,
it shall be a violation of this code to solicit, offer, give, accept
or receive any such gratuity or offer of employment in violation of
applicable state or federal law.
B.
Prohibition against contingent fees. It shall be a
violation of this code for a person to be retained, or to retain a
person, to solicit or secure a City contract upon an agreement or
understanding for a commission, percentage, brokerage or contingent
fee, except for retention of bona fide employees or bona fide established
commercial selling agencies for the purpose of securing business.
C.
Prohibition against discriminatory conduct. It shall be a violation
of this Code for any person to discriminate unlawfully against any
person because of race, color, religion, sex, national origin, age,
physical or mental disability, genetic information, gender, gender
identity, sexual orientation, socioeconomic status, cultural group,
or political status. All persons doing business with the City shall
treat all persons in the same basic manner under the same or similar
circumstances irrespective of personal characteristics or other distinctions,
to include, but not limited to, race, ethnic background, national
origin, gender, gender identity, sexual orientation, religion, socioeconomic
status, age, disability, cultural group, or political status.
[Added 10-23-2017 by Ord.
No. 17-366[1]]
D.
Recovery of value transferred or received in breach
of ethical standards; other penalties.
(1)
General provisions. The value of anything transferred
or received in breach of the ethical standards of this code by a City
employee, City Councilor, board member or commission member or other
person may be recovered from both the City employee, City Councilor,
board member or commission member concerned and from the other person
concerned.
(2)
Recovery of kickbacks by the City. Upon a showing
that a subcontractor made a kickback to a prime contractor or a higher
tier subcontractor in connection with the award of a subcontract or
modification or change order, it shall be conclusively presumed that
the amount thereof was included in the price of the subcontract, modification
or change order and ultimately borne by the City, and such amount
shall be recoverable hereunder from the recipient. In addition, that
amount may also be recovered from the subcontractor making such kickbacks.
Recovery from one offending party shall not preclude recovery from
other offending parties.
E.
Penalties and sanctions.
(1)
In addition to the recoveries provided in Subsection D above, any violation of this section shall be a civil violation. Upon conviction, any person, firm or corporation found to be in violation of this section shall be fined not less than three times the value of any improper gift or kickback paid, solicited or received or $500, whichever is greater. The penalties provided in this subsection shall be in addition to the penalties provided in § 33-3 of this code and shall be in addition to any penalties imposed under state or federal law.
(2)
Sanctions.
(a)
Upon conviction of a violation of this section
or upon a finding of a violation by the City Purchasing Agent, Board
of Ethics or the City Council following written notice and hearing,
the City Council may impose one or more of the following sanctions
on the person, firm or corporation convicted or found to be in violation:
(b)
Termination of a contract under this subsection
shall also terminate the contractor's right to receive further payment
thereunder.
F.
Incorporation in certain contracts. The provisions
of this section shall be provided to all interested bidders or proposers
and shall be incorporated by reference as agreed terms in any City
of Bangor construction, procurement or professional services contract
with a base bid price in excess of $10,000. In the case of a professional
services contract, the base bid price for this purpose shall be the
expected value of services to be billed during the contract term,
or on an annual basis if the contract is of indefinite duration.
