The proper operation of democratic government
requires that elected officials 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 for personal gain; and that elected officials
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 for all elected
officials and members and associate members of all Town agencies now
existing or hereafter created.
This chapter is adopted by virtue of the authority conferred by the inhabitants of Bar Harbor through the Town Charter, § C-10A(9)(e).
As used in this chapter, the following terms
shall have the meanings indicated:
The Town Council, Superintending School Committee, Warrant
Committee, Housing Authority commission and all Town committees, commissions,
boards, task forces or other public bodies now existing or hereafter
created by virtue of any ordinance, motion, order, article, Charter
amendment or resolve adopted by the Bar Harbor Town Council, Superintending
School Committee, Warrant Committee or Town Meeting.
Any entity through which business for profit or not for profit
is conducted, including a corporation, partnership, proprietorship,
firm, enterprise, franchise, association, organization or self-employed
individual.
Chapter 78, Ethics, of the Bar Harbor Town Code.
Any information, whether transmitted orally, digitally or
in writing, which is obtained by reason of the public position or
office held, and which is required or permitted to be confidential
by state law.
A member of the Bar Harbor Town Council.
A direct or indirect interest having monetary or pecuniary
value of $100 or more, including but not limited to the ownership
of shares of stock. A member or any member of that person's immediate
family who discloses a financial interest in a blind trust shall not
be deemed to have a conflict of interest with regard to matters pertaining
to assets held by the trust.
Spouse, children, parents, brothers, sisters, stepparents,
grandparents, stepchildren, parents-in-law or foster parents, domestic
partner or other party living in the same household.
Any Town Council member, Superintending School Committee
member, Warrant Committee member or person appointed by one of the
foregoing bodies to membership or associate membership on a Town agency,
except where the context clearly indicates otherwise.
A direct or indirect interest, whether economic
or otherwise, having value peculiar to a member, which may be altered
as a result of any motion by an agency and which interest is not shared
by the general public. In addition to the foregoing, a member participating
in the debate or voting upon any of the following is categorically
defined as having a special interest:
A request filed by or on behalf of an immediate
family member; or
A request for which the member has been notified
pursuant to an ordinance notification requirement for abutters; or
A request involving real property, the nearest
point of which is within 300 feet of the lot line of a member’s
home; or
A request involving a not-for-profit organization
upon whose board a member serves.
Notwithstanding the foregoing, a member participating
in the debate or voting upon any of the following does not have a
special interest:
A matter which a member reviews in two or more
public capacities. By way of example, but not limitation: a Planning
Board member also serving on the Warrant Committee or a Council member
serving on the Ethics Commission.
A person or business other than the member or any agency
of the Bar Harbor Town government. This definition specifically includes
as third parties a member's employer and clients, as well as other
third-party relationships.
For purposes of this chapter, references to the "Town Council"
shall be construed to mean the Town Council of the Town of Bar Harbor.
In addition to the general penalty prescribed by § 1-18, violation of this chapter as determined by the Council after notice and hearing shall be grounds for discipline, up to and including removal from the agency.
