[HISTORY: Adopted by the Town of Wells 4-18-1995. Amendments noted
where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 49.
The proper operation of democratic government requires that Selectmen
and their appointees 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 simply for personal
gain; and that such Selectmen and their appointees 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
pursuant to 30-A M.R.S.A. § 2605 for all Selectmen and all members
and associate members of the Zoning Board of Appeals, Planning Board, Personnel
Advisory Board, Assessment Review Board, Board of Voter Registration, Budget
Committee, Town Conservation Commission, Shellfish Conservation Committee,
Historic Preservation Commission, Recreation Commission and the Capital Improvement
Committee.
As used in this code, the following terms shall have the meanings indicated:
The Zoning Board of Appeals, Planning Board, Personnel Advisory Board,
Assessment Review Board, Board of Voter Registration and any other municipal
board which exists or may be created.
Any member or associate member of a board.
For purposes of this code, references to the "Selectmen" or to the
"Board of Selectmen" shall be construed to mean the Selectmen of the Town
of Wells and any of the committees or subcommittees thereof.
Any corporation, partnership, individual, sole proprietorship, joint
venture or any other legally recognized entity organized for the purpose of
making a profit.
The Town Conservation Commission, Historic Preservation Commission,
Recreation Commission and any other municipal commission which exists or may
be created.
Any member or associate member of a commission.
The Budget Committee, Capital Improvement Committee, Shellfish Conservation
Committee and any other municipal committee which exists or may be created.
Any member or associate member of a committee.
A direct or indirect interest having monetary or pecuniary value,
including but not limited to the ownership of stock.
A spouse and the following when living in the household of a Selectman,
board member, committee member or commission member: children, parents, brothers
and sisters.
Any member of the Town of Wells Board of Selectmen.
A direct or indirect interest having value peculiar to a certain
individual or group, whether economic or otherwise, which value may accrue
to such individual or group as a result of the passage or denial of any order,
ordinance or resolution, or the approval or disapproval thereof, by the Selectmen,
board, committee or commission and which interest is not shared by the general
public.
Any individual working for, on a permanent or temporary basis, and
drawing a salary from the Town of Wells, except employees of the School Department.
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 Selectmen, board members, committee members 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 Town of Wells.
A.Â
Statutory standards. 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 policy. 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 Selectmen, board members, committee
members or commission members of the Town of Wells whenever applicable as
if more fully set forth therein, to wit:
(1)Â
17 M.R.S.A. § 3104, Conflicts of Interest;
Purchases by the State.
(2)Â
17-A M.R.S.A. § 456, Tampering with Public
Records or Information.
(3)Â
17-A M.R.S.A. § 602, Bribery in Official and
Political Matters.
(4)Â
17-A M.R.S.A. § 603, Improper Influence.
(5)Â
17-A M.R.S.A. § 604, Improper Compensation
for Past Action.
(6)Â
17-A M.R.S.A. § 605, Improper Gifts to Public
Servants.
(7)Â
17-A M.R.S.A. § 606, Improper Compensation
for Services
(8)Â
17-A M.R.S.A. § 607, Purchase of Public Office.
(9)Â
17-A M.R.S.A. § 608, Official Oppression.
(10)Â
17-A M.R.S.A. § 609, Misuse of Information.
(11)Â
17-A M.R.S.A. § 903, Misuse of Entrusted Property.
(12)Â
21-A M.R.S.A. § 504, Persons Ineligible to
Serve.
(13)Â
30-A M.R.S.A. § 2605, Conflicts of Interest.
(14)Â
30-A M.R.S.A. § 5122, Interest of Public Officials,
Trustees or Employees.
B.Â
Contracts, purchases and employment.
(1)Â
No Selectman, board member, committee 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 Town, and
the award of any contracts with the Town, except as permitted under the Town's
purchasing regulations and under the laws of the State of Maine, where to
his or 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:
(a)Â
Himself or herself or a member of his or her immediate
family;
(b)Â
A business in which he or she or a member of his or her
immediate family serves as an officer, director, trustee, partner or employee
in a supervisory or management position; or
(c)Â
Any other person or business with whom or which he or
she or a member of his or her immediate family is in business or is negotiating
or has an arrangement concerning future employment.
(2)Â
No Selectman, board member, committee 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 employment
or employee, as the case may be, where said applicant or employee is:
C.Â
Disclosure of confidential information. No Selectman,
board member, committee member or commission member shall, without proper
legal authorization, disclose confidential information concerning the property,
government or affairs of the Town; nor shall he or she use such information
to advance the financial or private interest of himself or herself or others.
For purposes of this subsection, the term "confidential information" shall
mean any information, oral or written, which comes to the attention of, or
is available to, such Selectman, board member, committee member or commission
member 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 Wells Selectmen or any town 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.
D.Â
Gifts and favors. No Selectman, board member, committee
member or commission member shall accept any valuable gift, whether in the
form of service, loan, thing or promise, from any person and/or business who
or which to his or her knowledge is interested directly or indirectly in any
manner whatsoever in business dealings with the Town, nor shall any Selectman,
board member, committee member or commission member accept any gift, favor
or thing of value that tends to influence him or her in the discharge of his
or her official duties or grant in the discharge of his or her official duties
any improper favor, service or thing of value. Nothing herein shall prohibit
the acceptance of gifts or favors by Selectmen, board members, committee members
or commission members from members of their immediate families.
E.Â
Use of town property. No Selectman 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.
F.Â
Representing third party interest before town agencies.
No Selectman shall either appear on behalf of any third party interest before
any Town agency or represent a third party interest in any action, proceeding
or litigation in which the Town or one of its agencies is a party. Nothing
herein shall prohibit a Selectman, on behalf of a constituent in the course
of his or her duties as a representative of the electorate, or any Selectman
on behalf of his or her personal interest, from appearing before a Town agency.
No board member, committee member or commission member shall appear on behalf
of any third party interest before a Town agency of which he or she is a current
member. Nothing herein shall prohibit a board member, committee member or
commission member, on behalf of his or her personal interest, from appearing
before any Town agency, including that of which he or she is a current member.
G.Â
Conflicts of interest. Agenda items.
(1)Â
Deliberation and vote prohibited. No Selectman, board
member, committee member or commission member shall, in such capacity, participate
in the deliberation or vote, or otherwise take part in the decision-making
process, on any agenda item before his or her collective body in which he
or she or a member of his or her immediate family has a financial or special
interest, other than an interest held by the public generally.
(2)Â
Disclosure of conflict. Any Selectman, board member,
committee member or commission member who believes that he or she or a member
of his or her immediate family has a financial or special interest, other
than an interest held by the public generally, in any agenda item before his
or her collective body shall disclose the nature and extent of such interest,
and the Town Clerk or his or her designee shall make a record of such disclosure.
Additionally, any Selectman, board member, committee member or commission
member who believes that any fellow Selectman, board member, committee member
or commission member, or a member of such fellow Selectman's, board member's,
committee 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 his or her collective body shall disclose the nature
and extent of such interest, and the Town Clerk or his or her designee shall
make a record of such disclosure.
(3)Â
Determination of conflict. Once the issue of conflict
has been initiated relative to an individual Selectman, board member, committee
member or commission member and disclosure has been made as provided above,
such individual's fellow Selectmen, board members, committee members or commission
members shall vote on whether or not such individual shall be excused from
participating in the deliberation or vote, or otherwise taking part in the
decision-making process, on the relevant agenda item. Such individual shall
be excused only upon a vote of the majority of his or her fellow Selectmen,
board members, committee members or commission members then present that a
conflict of interest in fact exists.
(4)Â
Avoidance of appearance of conflict. To avoid the appearance
of a violation of this section, once any individual Selectman, board member,
committee member or commission member is determined to have a conflict of
interest in respect to any agenda item, said individual shall immediately
remove himself or herself from the meeting room or to the area of the room
occupied by the general public. He or she shall not return to his or her regular
seat as a member of the body until deliberation and action on the item is
completed. Nothing herein shall require an individual Selectman, board member,
committee member or commission member to remove himself or herself 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.
(5)Â
Personal interest. Nothing herein shall be construed
to prohibit any Selectman, board member, committee member or commission member
from representing his or her own personal interest by appearing before his
or her collective body on any such agenda item.
(6)Â
Political activities.
(a)Â
No Selectman, board member, committee member or commission
member shall participate in any political activity which would be in conflict
or incompatible with the performance of his or her official functions and
duties for the Town.
(b)Â
In conjunction therewith, no Selectman, board member,
committee member or commission member may use his or her official authority
or position for the purposes of influencing or interfering with or affecting
the results of any election, nor shall he or she solicit funds or contributions
or accept or receive funds or contributions from Town employees for political
purposes. No Selectman, board member, committee member or commission member
may distribute pamphlets or handbills while he or she is performing his or
her official functions and duties with the Town. Nothing herein shall be construed
to prohibit any Selectman, board member, committee member or commission member
from participating in the political process in his or her capacity as a private
citizen.
(7)Â
Incompatible employment of office. No Selectman, board
member, committee 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 his or her official
duties with the Town. For purposes of this code, the occupancy of any office,
elected or appointed, with any other governmental entity by any Selectman,
board member, committee member or commission member is hereby prohibited in
any one of the following circumstances:
(a)Â
Where the duties of the other office make it a physical
impossibility to discharge the duties of the Town position;
(b)Â
Where one office is a subordinate of the other;
(c)Â
Where one office carries the power of removal of the
other; or
(d)Â
Where the occupancy of both offices is otherwise prohibited
by law.
In addition to any other penalties or remedies as may be provided by
law, violation of this code shall constitute cause for censure, after notice
and hearing conducted by the Selectmen. A majority of the Wells' Selectmen
shall conduct such proceedings.
If any section, subsection, sentence, clause or phrase of this code
is for any reason held to be invalid or unconstitutional, such invalidity
or unconstitutionality shall not affect the validity or constitutionality
of the remaining portions of this code.
