[HISTORY: Adopted by the Town Meeting of the Town of Madison 6-8-1992.
Amendments noted where applicable.]
The proper operation of democratic government requires that Town Board
of 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 for all Town Selectmen, and all members and associate members
of the Board of Appeals, Planning Board, Advisory Board, Recreation Committee,
Recycling Committee, Cable Television Committee, Community Development Advisory
Committee, Board of Assessors, Department of Electric Works Board of Directors,
and Madison Library Board of Trustees.
As used in this chapter, the following terms shall have the meanings
indicated:
Board of Selectmen, Board of Appeals, Planning Board, Advisory Board,
Recreation Committee, Recycling Committee, Cable Television Committee, Community
Development Advisory Committee, Board of Assessors, Department of Electric
Works Board of Directors, and Madison Library Board of Trustees.
Member or associate member of the Board of Selectmen, Board of Appeals,
Planning Board, Advisory Board, Recreation Committee, Recycling Committee,
Cable Television Committee, Community Development Advisory Committee, Board
of Assessors, Department of Electric Works Board of Directors, and Madison
Library Board of Trustees.
Any corporation, partnership, individual, sole proprietorship, joint
venture, or any other legal recognized entity organized for the purposes of
making a profit.
A direct or indirect interest having monetary or pecuniary value
including, but not limited to, the ownership of shares of stock.
Spouse, and the following, when living in the household of a Selectmen
or Board member: children, parents, brothers and sisters.
For purposes of this code, references to the "Madison Board of Selectmen"
shall be construed to mean the Madison Board of Selectmen and any of the committees
or subcommittees thereof.
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 any Board,
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 Madison, 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.
Member of the Madison Board of Selectmen.
A.
The purpose of this code is to establish ethical standards
of conduct for all Board 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 Madison.
B.
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 chapter. 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 Board members of the Town of Madison
whenever applicable as if more fully set forth therein, to wit:
(1)
17 M.R.S.A. § 3104, Conflicts of interest;
purchases by the state.
(2)
17-A M.R.S.A. § 456, Tampering with public
records or information.
(3)
17-A M.R.S.A. § 602, Bribery in official and
political matters.
(4)
17-A M.R.S.A. § 603, Improper influence.
(5)
17-A M.R.S.A. § 604, Improper compensation
for past action.
(6)
17-A M.R.S.A. § 605, Improper gifts to public
servants.
(7)
17-A M.R.S.A. § 606, Improper compensation
for services.
(8)
17-A M.R.S.A. § 607, Purchase of public office.
(9)
17-A M.R.S.A. § 608, Official oppression.
(10)
17-A M.R.S.A. § 609, Misuse of information.
(11)
17-A M.R.S.A. § 903, Misuse of entrusted property.
(12)
21-A M.R.S.A. § 504, Persons ineligible to
serve [as election officials].
(13)
30-A M.R.S.A. § 2605, Conflicts of interest.
(14)
30-A M.R.S.A. § 5122, Interest of public officials,
trustees or employees.
C.
Contracts, purchases and employment.
(1)
No Board 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 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)
Himself or a member of his immediate family;
(b)
A business in which he or a member of his immediate family
serves as an officer, director, trustee, partner or employee in a supervisory
or management position; or
(c)
Any other person or business with whom he or a member
of his immediate family are in business, or are negotiating or have an arrangement
concerning future employment.
(2)
No Board 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 employees, as the case may be, where said applicant
or employee is:
D.
Disclosure of confidential information. No Board member
shall, without proper legal authorization, disclose confidential information
concerning the property, government or affairs of the Town; nor shall he use
such information to advance the financial or private interest of himself or
others. For purpose 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 Board 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 Board of Selectmen or any
Board, 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.
E.
Gifts and favors. No Board member shall accept any valuable
gift, whether in the form of service, loan, thing or promise, from any person
and/or business which is his knowledge is interested directly or indirectly
in any manner whatsoever in business dealings with the Town; nor shall any
Board member: 1) accept any gift, favor or thing of value of value that tends
to influence him in the discharge of his or her official duties; or 2) 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 Board members from members of their immediate families.
F.
Use of Town property. No Selectmen 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.[1]
G.
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 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, 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.
H.
Conflict of interest. Madison Board of Selectmen agenda
items.
(1)
Deliberation and vote prohibited. No Board 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 a member of his immediate family has a financial
or special interest, other than an interest held by the public generally.
(2)
Disclosure of conflict. Any Board member who believes
that he or a member his 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 designee shall make a record of such disclosure. Additionally,
any Board member who believes that any fellow Board member, or a member of
such Board 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 designee shall make a record of such disclosure.
(3)
Determination of conflict. Once the issue of conflict
has been initiated relative to an individual Board member, and disclosure
has been made as provided above, such individual's fellow Board 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 majority of his or her fellow Board members that a conflict
of interest in fact exists.
(4)
Avoidance of appearance of conflict. To avoid the appearance
of a violation of this section, once any individual Board 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
Board 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)
Personal interest. Nothing herein shall be construed
to prohibit any Board member from representing his or her own personal interest
by appearing before his or her collective body on any such agenda item.
I.
Disclosure statement by Town Selectmen.
(1)
Within 15 days after each annual municipal election,
every Selectman shall file a completed disclosure form with the Town Clerk
within 30 days after his or her appointment, and every Board member shall
file completed 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 Town in an amount in excess of $1,000 during
the preceding calendar year from which such disclosing party or member of
his or her immediate family 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 Town in an amount in excess of $1,000 for preceding calendar
year in which such disclosing party or member of his or her immediate family
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 or member of
his or her immediate family holds a position of officer or member of any board.
For each such entity, such disclosing party shall provide the following information:
[1]
A brief description of the purpose of each board and/or
office;
[2]
A short summary of such disclosing party's or family
member's duties relative to any such board and/or office;
[3]
The term of service on each such board and/or office;
and
[4]
Whether or not such disclosing party or family member
receives compensation for services 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.
(3)
Every Board member shall amend his or her 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.
(4)
The Town Clerk shall deliver a copy of each completed
disclosure statement to every fellow member of the Board of each disclosing
party within 30 days after the expiration of the filing period.
(5)
For purposes of this code, a list prepared by the Town
Manager of those person or entities doing business with the Town 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.
J.
Political activities. No Board 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.
In conjunction therewith:
(1)
No Board member may use his or her official authority
or position for the purposes of influencing or interfering with or affection
the results of any election, nor shall be solicit funds or contributions or
accept or receive funds or contributions from Town employees for political
purposes. No Board member may distribute pamphlets or handbills while he or
she is performing official functions and duties with the Town. Nothing herein
shall be construed to prohibit any Board member from participating in the
political process in his or her capacity as a private citizen.
K.
Incompatible employment of office. No Board 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 Board member is hereby prohibited in any one of the following
circumstances:
(1)
Where the duties of the other office make it a physical
impossibility to discharge the duties of the Town position; or
(2)
Where one office is subordinate of the other; or
(3)
Where one office carries the power of removal of the
other; or
(4)
Where the occupancy of both offices is otherwise prohibited
by law.
A.
Board of Ethics established. There is hereby created
and established a Board of Ethics consisting of five members and two associate
members appointed by the Board of Selectmen.
B.
Terms. All members shall be appointed for terms of three
years each. All associate members shall be appointed for terms of three years
each. Each member and associate member shall serve until his successor is
appointed and qualified. All members must be residents of the Town of Madison.
No member shall serve more than two complete consecutive terms.
C.
Other offices prohibited. No member or associate member
of the Board of Ethics shall hold any other Town office or position or be
the member of any Town agency to which the Board of Selectmen shall have appointing
authority.
D.
Procedures and records. The Board of Ethics shall establish
such rules as it may determine to be necessary to govern its procedures. In
addition, the Board shall at all times maintain in the office of the Town
Clerk appropriate records of its opinions and proceedings.
E.
Duties. The Board shall render advisory opinions to the
Board of Selectmen when there is doubt as to the applicability of any provisions
of this code to any particular situation. In the performance of its duties,
the Board shall limit its review and fact-finding only to those issues referred
to it by the Board of Selectmen. The Board shall also perform such other duties
as may be prescribed from time to time by the Board of Selectmen.
F.
Procedure. Any Selectman seeking advice as to whether
a particular situation constitutes a violation of this code shall first submit
a written statement in the form of a Board order describing the nature of
the matter to the Board of Selectmen. If the Board of Selectmen feels that
an advisory opinion is necessary, it shall adopt the order, by majority vote,
referring the matter to the Board of Ethics. A tie vote on the order shall
also cause the matter to be referred to the Board. If the Board of Ethics
finds any matter referred to it to have been based upon allegations it determines
to have been frivolous, unfounded or with malice, it shall so advise the Selectmen.
It is the purpose and intent of this code to provide a mechanism by which
all such matters may be handled in an orderly and impartial fashion in such
a manner as to protect the best interest of the citizens of the Town of Madison
and the personal and private interests of its Selectmen.
G.
Orientation. All members shall attend an annual orientation
meeting to be scheduled during the month of July of each calendar year.
H.
Meetings and annual report. The Board of Ethics shall
meet at least semiannually and prior to June 30 of each calendar year, shall
prepare and submit to the Board of Selectmen an annual report outlining its
doing during the preceding twelve-month period.
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 Board of Selectmen. A majority of the Madison
Board of 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.
