[Added 12-21-1993 by Ord. No. 1153]
The requirements herein set forth shall constitute
a code of ethics establishing reasonable standards and guidelines
for the ethical conduct of elected officials of the City of Papillion:
A.
[1]No elected official with respect to any contract, transaction,
zoning decision, plat approval, request for proposal, litigation,
negotiations with employees, employee representatives or other governmental
entities or other matter which is or may be the subject of an official
act or action of the City shall, without proper legal authorization,
disclose confidential information concerning the above matters or
the property, government or affairs of the City or use such information
to advance the financial or other private interest of the elected
official or others.
[1]
Editor's Note: Former Subsection A, which
immediately preceded this subsection, was repealed 5-20-1997 by Ord.
No. 1245.
B.
No elected official, in contemplation of official
action by himself or herself or by a governmental unit with which
he or she is associated or in reliance on information to which he
or she has access in his or her official capacity and which has not
been made public, shall acquire any pecuniary interest in any property,
transaction or enterprise which may be affected by such information
or official action; or speculate or wager on the basis of such information
or official action; or aid, advise or encourage another to do any
of the foregoing with intent to confer on any person a special pecuniary
benefit.
C.
CALENDAR YEAR
CONFIDENTIAL INFORMATION
ELECTED OFFICIAL
INTEREST
OFFICIAL ACT OR ACTION
Definition. The following definitions shall be utilized
in the interpretation and enforcement of this section of this article:
That period between January 1 and December 31 of each year.
All information, whether transmitted orally or in writing,
which is of such a nature that it is not, at that time, a matter of
public record or public knowledge or any information, subject matter
or comments made, whether having been previously made a matter of
public record or public knowledge which are discussed or revealed
in a closed session of the City Council.
A member of the City Council, either having been elected
or appointed and the holder of the office of Mayor having been either
elected or appointed.
Direct or indirect pecuniary or material benefit accruing
to an elected official as a result of a contract, transaction, zoning
decision or other matter which is or may be the subject of an official
act or action by or with the City except for such contracts, transactions,
zoning decisions or other matters which by their terms and by their
substance of their provisions confer the opportunity and right to
realize the accrual of similar benefits to all other persons and/or
property similarly situated.
Any legislative, administrative, appointive or discretionary
act of any elected official of the City.
D.
No elected official shall interfere with or undermine
the lawful authority or directions of department heads, commissions
and commission members, committees and committee members or other
advisory groups or entities appointed by the Mayor or City Council.
No elected official, except the holder of the office of Mayor, shall
hold him or herself out to the public, other governmental entities
or bodies as a representative of the City Council or of the City as
a whole, except as a representative of the ward from which said official
is elected or appointed, unless specifically authorized by a resolution
passed by a majority of those members elected to the City Council.
It shall be the duty of an elected official
to attend all City Council meetings, committee meetings, workshops
and other meetings scheduled by and on behalf of the City Council,
unless excused by a majority of those members elected or appointed
to the City Council. Absences for the following reasons shall be considered
excusable absences:
A.
Death in one's immediate family and immediate family
is described as spouse, children, stepchildren, mother, father, stepmother,
stepfather, brother, sister, stepbrother, stepsister, mother-in-law,
father-in-law, brother-in-law, sister-in-law, grandparent or grandchild.
B.
Catastrophic illness in one's immediate family.
C.
An unavoidable necessity for one to engage in their
employment or occupation.
D.
Vacation.
E.
An elected official's inexcusable absence from his
or her post constitutes inattention to duty and may justify his or
her removal. The City Council is empowered to remove from office a
Mayor or member of the City Council who fails to attend regular or
specially scheduled Council meetings, committee meetings and other
meetings at which a majority of the City Council members are necessary
to constitute a quorum. An elected official's absence from any six
of said meetings in a calendar year, whether excused or unexcused,
shall constitute inattention to duty.
An elected official may be removed by adoption
of a resolution by a three-fourths majority of those members elected
to the City Council for malfeasance, misfeasance or misconduct in
office. Malfeasance and misfeasance are official misconduct which
adversely affects, interrupts or interferes with the performance of
the official duties of the employees and elected officials of the
City and shall include violation of the municipal codes, rules of
the City Council, rules of committees and violation of policy statements
which have been approved and adopted by the City Council.
A breach of any of the provisions of this code
of conduct and ethics may result in either a private reprimand, a
public censure or removal from office. The power to reprimand, censure
or remove an elected official from office shall be exercised by a
three-fourths majority of those members elected to the City Council
after a public hearing is held on a resolution for reprimand, censure
removal during which public hearing the advocates of the resolution
and the elected official affected shall have the right to be represented
by legal Council, the right to present evidence and the right to examine
and cross-examine witnesses. The decision to reprimand, censure or
remove from elected office must be supported by preponderance of the
evidence.
A.
The City Attorney shall have the primary responsibility
for the enforcement of this code. He or she shall have the power to
investigate any complaint, to initiate any suit, to prosecute any
criminal or civil action on behalf of the City where such action is
appropriate including the preparation and presentation to the Council
of motions or resolutions for act or reprimand or censor of any members
of the City Council.
B.
The City Council may direct the City Attorney to investigate
or prosecute any apparent violation of the code or it may employ or
appoint any qualified Attorney to investigate or prosecute any violation
or series of violations by one or more persons of this code.
C.
Any person who believes a violation of any portion
of the code has occurred may file a complaint with the City Attorney
or with the City Council, who may thereafter proceed as provided herein.
However, nothing in the code shall be construed to prevent complainants
from instituting direct legal action through the appropriate judicial
authority.
A.
When any public officer or employee has a doubt as
to the applicability of any provision of this code to a particular
situation, or as to the definition of terms used herein, he or she
may apply to the City Attorney for an advisory opinion. The elected
official shall have the opportunity to present his or her interpretation
of the facts at issue and of the applicability of the provisions of
the code before such advisory opinion is made. Said request for an
advisory opinion shall be in writing.
B.
Such opinion, until amended or revoked, shall be binding
on the City, the City Council and the City Attorney and any subsequent
actions concerning the elected official who sought the opinion and
acted on it in good faith, unless material facts were omitted or misstated
in the request for the advisory opinion. Such opinion shall not be
binding in any action initiated by any private person.
C.
Any advisory opinion prepared by the City Attorney
shall be made public. However, the name of the person requesting the
opinion and the names of all persons or business entities mentioned
in the opinion shall be deemed confidential information and shall
not be disclosed by the City Attorney unless the elected official
waives such confidentiality or where the City Attorney deems the elected
official to have failed to act in good faith in requesting the opinion
or in conforming with the opinion or to have failed to act in conformance
with the opinion.
A.
Any elected official who willfully and knowingly violates
any of the provisions of this article shall be guilty of a Class I
misdemeanor and upon conviction shall be punished accordingly pursuant
to the applicable penalty statutes enacted by the Nebraska State Legislature,
which may be in addition to removal, reprimand or censure.
B.
Upon conviction for any violation of this article by any elected official, said elected official shall immediately forfeit his or her office or position. Nothing in this article shall be construed to prohibit such elected official from being re-elected or otherwise reappointed to any position forfeited under the provisions of this article. This section shall not preclude reprimand or censure as provided in § 51-33.
C.
The City Attorney, with the consent of a majority
of the members elected to the City Council, may exempt from the provisions
of this article any conduct found to constitute a violation by an
elected official, if he or she finds that the enforcement of this
article with respect to such conduct is not necessary in the public
interest.
D.
The City Attorney shall have the power, where a violation
of the provisions of this code is threatened or occurred, to bring
civil action or proceeding at law or in equity for a judgment enjoining
any violation of the provisions of this article or requiring the relinquishment
of any prohibited interest or the voiding of any such contract or
transaction, taking into account the interest of the City and any
third persons who may be injured thereby. Where the City Attorney
determines that the public interests may best be served by not voiding
a contract or transaction entered into in violation of this article,
such contract or transaction may be enforced and an action or proceeding
may be brought against any elected official found in violation of
provisions of this article for damages not to exceed twice the damages
suffered by the City or twice the profit or gain realized by the elected
official, whichever is greater.
A.
The City Clerk shall cause a copy of this Code of
Ethics to be distributed to every elected official within the City
within 30 days after enactment of this code. Each official, either
elected, appointed or engaged thereafter shall be furnished a copy
before entering upon the duties of his or her office.
B.
Failure to distribute any such copy or failure of
any officer to receive such copy shall have no effect on the duty
of compliance with such code, nor the enforcement provisions thereof.
[Added 6-15-1999 by Ord. No. 1298]
