The purpose of this Code of Ethics is to establish
ethical standards of conduct for all agency 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 Bar Harbor.
There are certain provisions of the general
statutes of the State of Maine which, while not set forth herein,
should be considered an integral part of this Code of Ethics. 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 members whenever applicable as if more fully set forth herein.
where a standard set forth in state law conflicts with this chapter,
the stricter standard shall apply.
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.
A.
Purchasing. Except as permitted under the laws of
the State of Maine, no member shall award any contracts with the Town
or recommend, approve, or disapprove the purchase of goods or services
for the Town where to their knowledge there is a financial interest
or special interest in such purchase or award held by:
(1)
That individual or a member of his/her immediate family;
(2)
A business in which that individual 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 or with which
that individual or a member of his/her immediate family is in business
or is negotiating or has an arrangement concerning future employment.
B.
Hiring. No member shall participate, by means of deliberation,
approval, disapproval or recommendation, in the decision to hire,
promote, discipline, lay off or to take any other personnel action
in respect to any employee or applicant for Town employment where
said employee or applicant is:
No member shall, without proper legal authorization,
disclose confidential information concerning the property, employees,
government or affairs of the Town, nor shall he/she use such information
to advance his/her financial or private interest or the financial
or private interest of others. Information received and discussed
during an executive session of any Town agency called pursuant to
1 M.R.S.A. § 405 et seq. (the Freedom of Access Law) 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.
A.
No member shall accept any gift, favor or item with
a value in excess of $100 annually, whether in the form of service,
loan, thing or promise, from any person 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 member:
[Amended 9-2-2008 by Ord. No. 2008-02]
B.
Nothing herein shall prohibit the acceptance of gifts
or favors by agency members from members of their immediate families.
C.
In determining whether a violation of this section
has occurred, the Ethics Commission shall consider:
No member 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, except in compliance
with the following:
A.
Solicitation. Without the prior approval of the Town
Council (for municipal matters) or the Superintending School Committee
(for school matters), no member shall solicit donations of money,
services, property or items of value from any individual or business
for the benefit of the Town of Bar Harbor or for the support of any
Town program or activity. No individual member may directly receive
or accept any such donation, whether or not solicited by the member
concerned. This subsection does not prohibit the following:
(1)
Solicitations of individuals related to the member
concerned by blood, marriage or adoption;
(2)
Solicitations of businesses in which the member holds
an equity interest as proprietor, partner or shareholder;
(3)
Solicitations of 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.
B.
Accounting. All funds, property and items of value
received as a result of solicitations authorized by this section shall
be processed and deposited in the manner prescribed by the Town Finance
Director (for municipal matters) or the Superintending School Committee
(for school matters).
B.
Meetings. On behalf of any third-party interest, no
member shall appear before a Town agency of which he/she is a member
or meet with Town employees responsible for assisting said agency.
C.
Litigation. On behalf of any third-party interest,
no member shall appear in any action, proceeding or litigation in
which the member's agency or one of its subsidiary agencies is a party,
nor meet with Town employees in regard thereto.
D.
Personal interest. Nothing in this section shall prohibit
any member, on behalf of his/her personal interest, from appearing
before any Town agency, but such member shall leave his/her seat at
the table and shall not deliberate or vote on the item concerned.
For purposes of this section, "personal interest" shall include any
interest of the member concerned as a resident, landowner or taxpayer
personally affected by the matter under consideration to an extent
greater than Bar Harbor residents generally.
[Amended 9-2-2008 by Ord. No. 2008-02]
A.
Deliberation and vote prohibited. No member shall,
in their capacity as a member of their agency, vote, participate in
the deliberation, or otherwise take part in the decision making process
on any agenda item in which they or a member of their immediate family
has a financial or special interest as defined by this chapter. In
the absence of a financial or special interest, members shall attempt
to avoid any appearance of a conflict of interest by disclosure, as
provided below.
B.
Disclosure of conflict. Any member who believes that
he or she has a financial or special interest, or the appearance of
a conflict of interest, in any agenda item before their agency shall
disclose the nature and extent of such interest, and the secretary
shall make a record of such disclosure in the minutes. In cases where
a member's ability to disclose the nature and extent of such interest
is limited by the confidentiality requirements of State or federal
law, the member may refrain from disclosing the details of the interest
to the extent necessary to comply with such confidentiality requirements.
The disclosure required by this paragraph shall be made at the first
meeting of the agency or subcommittee thereof at which the agenda
item concerned is to be taken up for discussion or vote and at which
the member is present. Additionally, anyone else who believes that
a member has a financial or special interest in any agenda item before
an agency may disclose the nature and extent of such interest, and
the secretary shall make a record of such disclosure in the minutes.
C.
Determination of conflict. Once the issue of conflict
has been raised relative to an individual member and disclosure has
been made as provided above, such individual's fellow members shall
review the facts as disclosed to them and shall vote on whether or
not such individual has a financial or special interest, or the appearance
of a conflict of 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 member present, except the individual member who is alleged
to have a conflict of interest, shall vote on all conflict of interest
questions.
(1)
All votes of conflict of interest questions shall
be recorded. A majority of those present and voting shall determine
the question.
(2)
Upon determination that a conflict of interest exists,
the member concerned shall be excused from participating as a member
in discussion, deliberation or vote on the relevant agenda item at
that meeting and at all future meetings, unless the conflict is resolved.
[Amended 5-19-2020 by Ord. No. 2020-03]
(3)
In the event that a majority of the agency, or subcommittee
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.
(4)
As provided by the Maine Freedom of Access Act, an
agency may enter executive session to discuss a potential conflict
of interest, but only upon a motion "to go into executive session
as permitted by 1 M.R.S.A. § 405.6.A for discussion or consideration
of a potential conflict of interest, since open discussion could reasonably
be expected to cause damage to the reputation of the individual or
infringe on the individual's right to privacy."
[Amended 5-19-2020 by Ord. No. 2020-03]
D.
Influence prohibited. Once a 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 above, said individual shall immediately
leave his/her seat at the table and shall not vote, participate in
the deliberation, or otherwise take part in the decision-making process.
Recused members shall not return to their regular seat until deliberation
and action on the item is completed.
[Amended 5-19-2020 by Ord. No. 2020-03]
E.
Personal interest. Nothing in this section shall prohibit
any member, on behalf of his/her personal interest, from appearing
before any Town agency, but such member shall leave his/her seat at
the table and shall not deliberate or vote on the item concerned.
For purposes of this section, "personal interest" shall include any
interest of the member concerned as a resident, landowner or taxpayer
personally affected by the matter under consideration to an extent
greater than Bar Harbor residents generally.
F.
Consent agendas. Nothing herein shall require an individual
member to recuse himself or herself for any item contained on a "consent
agenda" on which:
A.
No member shall participate in any political activity
which would be in conflict or incompatible with the performance of
his/her official functions and duties for the Town. In conjunction
therewith, no member may use his/her official authority or position
for the purposes of influencing or interfering with or affecting the
results of any election.
B.
No member or candidate for membership shall solicit
funds or contributions or accept or receive funds or contributions
from employees for political purposes.
C.
No member or candidate for membership shall solicit
a person whom he/she knows to be a Town employee to sign a petition
for election to a Town office.
D.
No member shall distribute pamphlets or other election
materials promoting a candidate, party or cause, while he/she is performing
official functions or duties with the Town.
E.
Nothing herein shall be construed to prohibit any
member from participating in the political process in his/her private
capacity as candidates for elected office or as private citizens,
nor prohibit the member from promoting causes officially endorsed
by a recorded vote of the Council.
F.
Nothing herein shall be construed to prohibit agencies
or their members from discussing local, state or national issues that
may affect the Town of Bar Harbor, but only the Town Council, Superintending
School Committee and Warrant Committee may advocate a position on
behalf of the Town.
No 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/her
official duties with the Town. For purposes of this Code of Ethics,
the occupancy of any office, elected or appointed, with any other
governmental entity by any 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 Town position;
B.
Where one office is subordinate to the other;
C.
Where one office carries the power of removal over
the other; or
D.
Where the occupancy of both offices is prohibited
by the Town Charter or by other provisions of law.
[Amended 9-2-2008 by Ord. No. 2008-02]
A.
Every member shall participate in Ethics Ordinance
training, as prescribed by the Town Council, within six months of
appointment and every three years thereafter.
B.
The Town Clerk shall furnish each new member with
a copy of the Code of Ethics before the member begins the duties of
the member's office.
C.
A signed receipt for all copies shall be returned
to the Town Clerk, who shall retain the receipt on file.
