HomeMy WebLinkAboutORDINANCE NO. 07-08-36ON" STATE OF GEORGIA ORDINANCE NO. 07-08-36
COUNTY OF FULTON
AN ORDINANCE AMENDING CHAPTER 6. ETHICS AND STANDARDS OF CONDUCT,
AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF
ORDINANCES FOR THE CITY OF MILTON GEORGIA TO BE REFRENCED IN THE
FUTURE AS CHAPTER 6 (ETHICS AND STANDARDS OF CONDUCT) AS ATTACHED
HERETO AND INCORPORATED HEREIN
WHEREAS, it is in the best interest of the municipality to periodically update ordinances; and
WHEREAS, the Mayor and City Council deem it in the best interest to have operations match with
respective Ordinances.
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular session on
the 6th day of September, 2007 at 7:00 p.m. as follows:
SECTION 1. That the Ordinance relating to Ethics and Standards of Conduct is hereby
adopted and approved; and is attached hereto as if fully set forth herein, amending the
Ordinance adopted on November 21, 2006; and
SECTION 2. That this ordinance shall be designated as Chapter 6 of the Code of Ordinances
of the City of Milton, Georgia; and
SECTION 3. That this Ordinance shall become effective upon its adoption; and
SECTION 4. That any Ordinances or parts of Ordinances in conflict herewith shall be
repealed.
ORDAINED this 6h day of September, 2007.
Approved:
Joe Lockw ayor
Attest:
PW" (Seal)
Chanter 6: Code of Ethics and Standards of Conduct
Section 1.
Declaration of Policy
Section 2.
Purposes of Ordinance
Section 3.
Exemptions
Section 4.
Who is Covered
Section 5.
Duties
Section 6.
Conflict of Interests and Personal Benefits Prohibited
Section 7.
Duty to Leave Meeting
Section 8.
Public Contracts
Section 9.
Disclosure of Conflict of Interest or Potential Conflict of Interest
Section 10.
Unauthorized Outside Employment
Section 11.
Prohibited Conduct, and Other Abuses or Misuses of Position
Section 12.
Board of Ethics
Section 13.
Duties and Powers of the Board
Section 14.
Custodian of Records
Section 15.
Who May Request Board Action
Section 16.
Limitations on Board's Power
Section 17.
Procedures for Hearing Complaints
Section 18.
Those Subject to Removal Only by the Governing Body
Section 19.
Ex Parte Communications
Section 20.
Confidentiality of Board Information
Section 21.
Wrongful Use of Ethics Board
Section 22.
Wrongful Use of the Code of Ethics
Section 23.
Statute of Limitations
Section 24.
Penalties
Section 25.
Penalties Cumulative
Section 26.
Liberal Construction of Ordinance
Section 27.
Severability
Section 28.
Effective Date
APPENDIX OF DEFINITIONS
Section]. Declaration ofPolic
(a) The City of Milton government is a representative democracy. Those who
IN"W are elected, appointed, hired, volunteer or campaign to serve the public as representatives
accept a public trust, which they share with those whom they elect, appoint, hire or
otherwise enlist to help them serve the public. Public trust requires that acts which are
contrary to the public interest be defined and prohibited; that there be an orderly
procedure for raising and addressing ethical questions; that ethical behavior be
encouraged and suitably rewarded; and that unethical behavior be discouraged and
suitably disciplined through a process which is fundamentally fair.
(b) It is the responsibility of each public servant to act in a manner which
contributes to cultivating public trust in the integrity of government and avoiding even
lawful activity when the appearance of impropriety would lessen the public's confidence.
(c) In adopting this Ordinance, the City recognizes that:
(1) public servants are also members of society and, therefore, share
the same general personal and economic interests in the decisions and policies of
government as all members of the community; and
(2) public servants retain their rights to publicly express their views on
„N,,,, matters of general public interest, and to express their opinions on the effect of public
actions on their personal or economic interests or rights; and
(3) it is sound public policy for standards of ethical conduct for public
servants to distinguish between those minor and inconsequential conflicts that are
unavoidable in a free society, and those conflicts which are personal, material and
avoidable; and
(4) public servants are entitled to engage in employment, professional
or business activities, other than official duties, in order to support themselves and their
families and to maintain a continuity of professional or business activity, and are entitled
to maintain investments; and
(5) in the City it is possible and reasonable to require public servants
to engage in employment, professional or business activities and to maintain investments
which do not impede or undermine the integrity of their service to the City.
(d) This Ordinance provides the minimum standards below which a public
servant's conduct cannot fall without the risk of penalty. The principal policy which
forms the foundation of this Ordinance is to encourage internal commitment by
establishing and maintaining a work environment which supports integrity with pride and
enthusiasm.
A work environment which supports integrity includes public servants who:
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(1) recognize with gratitude that the primary reason they hold a public
position is to serve the public; and
(2) are motivated and committed to pursue ethical ideals which always exceed
minimum standards and often achieve the highest standards; and
(3) encourage ethical practices which protect, advance and promote the public
interest; and
(4) recognize that the most effective way to eradicate unethical practices is to
consistently act ethically themselves, and to consistently react appropriately with respect
to the ethical decisions of others; and
(5) when they observe serious unethical practices, there is a responsibility to
promptly disclose them to appropriate authorities, and encourage others to do the same;
and
(6) insure that those for whom they are responsible are aware of minimum
standards of ethics below which their conduct cannot fall without the risk of disciplinary
consequences;and
(7) when circumstances warrant, appropriately discipline those who are
proven to have engaged in unethical behavior.
Section 2. Purposes of Ordinance
This Ordinance, along with the attached Appendix of Definitions incorporated
herein by reference, is adopted to:
(a) identify the minimum standards of ethical conduct which public servants
must meet; and
(b) adequately educate public servants, and any subordinates, in the principles
of ethics,
(c) encourage public servants to pursue the highest ethical ideals which they
can achieve; and
(d) provide a process by which public servants may identify and resolve
ethical issues; and
(e) provide a process to ensure the prompt disclosure by public servants of
serious unethical practices, and encourage others to do the same; and
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(f) provide a fair and impartial process by which alleged violations of this
Ordinance may be heard; and
"AW^ (g) provide for a just and reasonable balance among the rights of all
individuals who are directly affected by the operation of this Ordinance; and
(h) establish penalties, as appropriate, for public servants who violate the
public trust.
Section 3. Exemptions
(a) This Ordinance does not prevent any public servant from accepting other
employment or following any pursuit which in no way interferes with the full and faithful
discharge of his or her public duties, provided that the public servant complies with all
applicable City requirements, including any requirements imposed by this Ordinance.
(b) No public servant shall be deemed to have a conflict of interest by virtue
of carrying out any contract pursuant to which the public servant directly or indirectly
received income or benefits in the form of compensation for the performance of official
duties.
(c) A former public servant is not prohibited from entering into a contract to
represent the City in any matter.
(d) No public servant shall be deemed to have a conflict of interest by virtue
of sharing, directly or indirectly, in the benefit of a lawful City action when the benefit to
the public servant is substantially the same as the benefit to the public at large or to a
segment of the public to whom the benefit is provided in a nondiscriminatory manner.
(e) This Ordinance does not prohibit any public servant from taking any
action to approve the lawful payment of salaries, employee benefits, reimbursements of
actual and necessary expenses, or other lawful payments which are authorized in
accordance with City policies.
(f) This Ordinance does not prohibit public servants from taking any official
action properly within the scope of their duties with respect to any proposal to enact or
modify law or public policy.
(g) This Ordinance does not prohibit an elected official or other public
servants from raising campaign contributions in any manner which is otherwise permitted
by law.
(h) This Ordinance does not prohibit communication between an individual or
organization and a candidate regarding the candidate's views, record or plans for future
action regarding an issue or measure in an attempt to determine a candidate's viewpoints
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or how the candidate plans to act in the future, if such communication results in an
go" endorsement of the candidate, a decision not to endorse the candidate, or a contribution or
expenditure required to be recorded or reported under a state statute.
to"
(i) Actions which might otherwise be alleged to constitute a conflict of
interest shall be deemed to comply with this Ordinance and not to be a conflict of interest
if:
(1) before acting, the public servant requested and received a written
opinion from the City Attorney or a formal ethics opinion oradvisoryopinion from the
Board in accordance with the procedures established in this Ordinance; and
(2) the material facts, as stated in the request for an opinion, are true
and complete; and
(3) the actions taken were consistent with the opinion.
Section 4. Who is Covered
This Ordinance applies to all public servants, as the term is defined in this
Ordinance, except that it shall not apply to a municipal judge when the judge is acting in
a judicial capacity.
Section S. Duties
(a) No public servant or former public servant shall divulge any confidential
information to any person who is not authorized to have it nor divulge to any
unauthorized person confidential information acquired in the course of holding his or her
position in advance of the time prescribed by the governing body, administrators, or other
applicable law for its release to the public.
(b) All public servants shall respond fully and truthfully to any inquiries by
the City Attorney or the Board in connection with the investigation of an alleged or
potential violation of this Ordinance. All public servants shall cooperate fully in any
investigation by the City Attorney, outside counsel or the Board, and shall locate,
compile and produce for them such information as they may request, unless the
information requested is exempt from disclosure under this Ordinance or other applicable
law.
(c) All public servants must report a violation of this Ordinance of which they
have knowledge to the City Clerk, or the City Attorney who shall forward such report to
the Board.
(d) In addition to being a violation of other laws, it is also a violation of this
Ordinance for any public servant to:
turpitude; or (1) be convicted of any felony or misdemeanor involving moral
(2) be found liable of violating any federal, state or city law
prohibiting discrimination or sexual harassment; or
(3) be found liable of violating any federal, state or city laws
prohibiting retaliation against public servants who assert a lawful claim of any nature or
otherwise engage in lawfully protected activity; or
(4) be found liable of violating any state laws governing lobbying
activities or regulating political activity.
Section 6. Conflict of Interests and Personal Benefits Prohibited
(a) Except as otherwise permitted under applicable federal, state and city laws
and policies, including the City's procurement policies, no public servant shall have a
personal interest in any official action.
(b) No public servant shall accept or receive, directly or indirectly, from any
person, including one whose identity is unknown to the public servant, any personal
benefit under circumstances in which it can reasonably be inferred that the benefit is
intended to influence the public servant or as a reward for any official action of the public
servant.
(c) No person, including any vendor, contractor, business, or board of the
City, shall offer or give any personal benefit to any public servant or any partner -in -
interest of the public servant.
(d) No public servant nor partner in interest of that public servant shall solicit
from any person, directly or indirectly, any personal benefit, regardless of value, or the
promise of receiving a personal benefit in the future, for the public servant.
(e) No current or former public servant shall intentionally use or disclose
information gained in the course of, or by reason of, his or her official position or
activities in any way that could result in the receipt of any personal benefit for the public
servant, for a partner in interest of that public servant, or for any other person. This
provision shall not:
(1) prohibit the disclosure of public information; or
(2) prohibit the disclosure of information the public servant has been
authorized to disclose; or
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(3) prohibit the disclosure of any such information to incumbent
public servants to whom the information may be pertinent; or
(4) prevent the disclosure of violations of this Ordinance or other
illegal acts to the proper authorities; or
(5) prohibit the disclosure of any such information the disclosure of
which is required by law.
Section 7. Duty to Leave Meeting
To avoid the appearance of impropriety, after any public servant or a partner in
interest is determined to have a conflict of interest or a potential conflict of interest in any
matter, and once all questions relating to the conflict of interest have been answered to
the satisfaction of the decision maker, the public servant shall immediately leave the
meeting room, except that if the matter is being considered at a public meeting, the public
servant may remain in the area of the room occupied by the general public.
Nothing herein shall require members of voting bodies to leave their seats while
action is taken regarding any item contained on a "consent agenda" on which there is no
deliberation, the public servant's conflict has been disclosed, and the public servant
abstains from voting on the item.
Section 8. Public Contracts
(a) The City is prohibited from entering into any contract with a business in
which a public servant or a public servant's partner in interest has a controlling interest
involving services or property of a value in excess of $2,500.
(b) Any public servant who has or may have a personal interest in any
contract shall disclose such interest prior to the first of any of the following events: the
solicitation of a contract; the bidding of a contract; the negotiation of a contract; or the
approval of a contract by the governing body.
(c) Any contract entered into in violation of this Section may be voided by the
City in an action commenced within three (3) years of the date on which the Board, or the
department or officer acting for the City in regard to the allocation of funds from which
such payment is derived, knew or should have known that a violation of this section
occurred. This section does not affect the application of any state statute.
(d) Mandatory Provision in Volunteer Agreements.
Volunteers share in receiving the public's trust and in the responsibility to
contribute to creating and maintaining an ethical work environment. Volunteers serve
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without the expectation of receiving any compensation from the City, and it is improper
"'" for any Volunteer to seek any compensation. Volunteers, unless expressly authorized by
a public servant empowered to grant such authorization, are prohibited from acting as
"""' Volunteers in any matter in which they have a conflict of interest or a potential or alleged
conflict of interest; or in any matter in which they hope to receive any personal benefit.
Section 9. Disclosure of Conflict of Interest or Potential Conflict o Interest
(a) A governing body member who has or may have, a conflict of interest in a
matter which requires an official action by any decision maker, shall, before the matter is
decided, disclose the conflict of interest or the potential or alleged conflict of interest; if
the member of the governing body believes that no conflict of interest exists, or that
despite any alleged or potential special interest, such governing body member is
nevertheless able to vote and otherwise participate fairly, objectively and in a manner
consistent with the public interest, then the member shall so state in the written
disclosure.
(b) If any member of the Board has or may have a conflict of interest in any
matter before the Board, such member shall not appear before the Board, discuss, debate,
deliberate about, act upon, vote upon or otherwise participate in or influence the
decision-making process pertaining to the matter in which the member has a conflict of
interest.
(c) If the City Attorney or any Assistant City Attorney has or may have a
conflict of interest in any matter before the Board, or if any attorney who is responsible
for performing any functions on behalf of the Board is precluded from doing so because
of a legal conflict of interest which cannot be resolved by the City Attorney's Office
internally by screening or some other method, the City Attorney shall disclose the
personal interest, or the nature of the conflict, to the Board. If the Board determines that
the City Attorney has a personal interest in the matter, or if the City Attorney determines
that the City Attorney's Office cannot resolve the conflict in a manner which will allow
the City Attorney's Office to perform its duties properly, then the Board may engage
outside counsel upon terms and conditions approved by the governing body.
(d) Any public servant who has or may have a conflict of interest shall
disclose it. After receiving a disclosure, the City Clerk shall:
(1) maintain a record of such disclosure; and
(2) promptly forward copies of the disclosure to any person named in
the disclosure, the Board and the City Attorney.
(e) Any public servant who believes that any other public servant has a
POW(e)
of interest in any agenda item before a governmental body shall disclose such
interest to the City Clerk, and the City Clerk shall forward copies of such disclosure to
the person alleged to have a conflict of interest, the Board and the City Attorney
(f) A public servant, in addition to disqualifying himself or herself from
NEW(f)
in any decision regarding the pecuniary or employment interest of a partner
in interest, shall make known the existence of the relationship and the interest by filing,
with the City Attorney a written disclosure of the relationship and the nature and extent
of the conflict of interest involved.
Section 10. Unauthorized Outside Employment
(a) The purposes of the policies governing unauthorized outside employment
are to prevent conflicts of interest and conflicts of loyalty; to prevent abuses regarding
dual compensation, payment for work not done, or unlawful gifts of public funds; and to
prevent excessive loss of efficiency in the performance of public service.
(b) A public servant shall not accept any employment, nor enter into any
contract, nor perform any service for compensation that results in a financial conflict of
interest or a conflict of loyalties which would affect the performance of the public
servant' s official duties.
(c) Employees.
(1) An employee of the City may be self-employed or may take
to" occasional or part-time jobs if, in the opinion of his or her department head, there is no
conflict with working hours, the employee's efficiency in his or her City work, or other
interests of the City.
(2) Before engaging in outside employment, employees shall have the
written approval of their department heads or designee in emergency situations.
(3) Public servants who hold management level positions shall notify
the City Manager prior to creating, contracting with, or being employed by any business
other than the City. The City Manager shall provide written approval or disapproval of
the notification within a reasonable time. Any action undertaken by the City Manager
shall require prior approval by the City Council.
(4) All requests for approval of outside employment shall state the
type and place of employment, the hours of work and the employer's name and address.
(5) City employment shall remain the employee's first priority, and if
at any time the outside employment interferes with an employee's job requirements or
performance for the City, the employee shall be required to modify the conditions of the
outside employment or terminate either the outside employment or the City employment.
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(d) City Attorney and Assistants.
Now Neither the City Attorney nor any Assistant City Attorney shall engage in any
unauthorized private practice of law for compensation during the period in which they
hold office. To the extent they may be authorized to engage in the private practice of
law, they shall comply with the state laws governing the professional conduct of lawyers,
and any violation of those laws while they are acting as attorneys for the City shall also
be deemed to be a violation of this Ordinance.
Section 11. Prohibited Conduct, and Other Abuses or Misuses of Position
(a) Public servants of the City shall treat all citizens with courtesy,
impartiality, fairness, and equality under the law, and shall avoid both actual and
potential conflicts between their private self-interest and the public interest. Prohibited
conduct of each such public servant shall include, but not be limited to, the following:
(1) intentionally granting or making available to any person any
special consideration, treatment, advantage, or favor beyond that which it is the
general practice to grant or make available to the public at large;
(2) intentionally requesting, using or permitting the use of any
publicly -owned or publicly -supported property, vehicle, equipment, labor, or
service for the personal convenience or the private advantage of oneself or any
other person, except as otherwise allowed by law or as authorized by the City
Manager;
(3) knowingly participating in the deliberation of or voting on any
matter involving personal financial or personal interest, or where the public
servant has an interest which is materially adverse to the applicant or persons
affected by the outcome of the matter;
(4) engaging in private employment with, or rendering services for,
any private person who has business transactions with the City, unless employee
has made full public disclosure of such employment or services and received
approval of their supervisor or the City Manager;
(5) appearing on behalf of any private person, other than oneself,
before any public body in the City;
(6) accepting any gift, whether in the form of money, thing, favor,
loan, or promise, that would not be offered or given to the public servant if the
individual were not a public servant, that would thereby cause the public servant
�•-• to place themself in a position in which the giver of the gift could expect special
consideration or in which the public could reasonably assume that special
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consideration is being given. Thus, the public servant should be firm in refusing
soft gifts, favors, or gratuities, large or small, which can, in the public mind, be
interpreted as capable of influencing his or her judgment in the discharge of his or
her duties.
(7) intentionally disclosing any confidential information concerning
any official or employee, or any other person, or any property or governmental
affairs of the City, without prior formal authorization of the governing body;
(8) intentionally using or permitting the use of confidential
information to advance the financial or personal interest of the individual or any
other person;
(9) ordering any goods and services for the City without official
authorization for such an expenditure.
(10) intentionally using his or her superior position to request or require
an employee to:
(i) do clerical work on behalf of the member's family,
business, social, church or fraternal interest when such work is not
furthering a City interest; or
(ii) perform any work outside the employee's normal course of
municipal employment; or
(iii) purchase goods and services for personal, business, or
political purposes; or
(iv) work for him or her personally without offering just
compensation.
(11) A public servant shall not draw per diem or expense monies from
the City to attend a seminar, convention, or conference and then fail to attend the
seminar, convention, or conference without refunding the pro -rata unused per
diem or expense monies to the City.
(12) intentionally violating any provision of the City Charter which
prescribes the conduct of a public servant.
(b) No public servant shall hold any other office, elected or appointed, in any
other governmental entity, when the duties of such office are incompatible with the
proper discharge of the public servant's duties with the City. For purposes of this
Ordinance, the holding of any office, elective or appointive, with any other governmental
"`"" entity by any member of the governing body or of a board is hereby prohibited in any one
of the following circumstances: where one office is subordinate to the other; where one
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office carries the power of removal of the other; or where the occupancy of both offices is
prohibited by the City Charter or other law.
(c) No public servant shall falsely represent his or her personal opinion to be
the official position of the City, and no public servant shall falsely represent his or her
personal opinion to be the official position of any board or City staff. This subsection
shall not apply to:
(i) statements of elected officials made in the course of running for
election to office;
professional opinions of City officers or employees rendered in
the course of performing their duties, provided that such
opinions are clearly identified as professional opinions.
(d) All public servants have a fiduciary duty to use City fiscal and human
resources in a manner which advances the public interest, and to refrain from using City
resources for their personal benefit; therefore, public servants are prohibited from
intentionally using City resources in any manner which violates any applicable law or
policy, and are expressly prohibited from using any City resource to obtain any personal
benefit.
(e) No public servant shall intentionally use his or her official authority or
position to influence or interfere with or affect the results of any election, nor to solicit or
receive contributions from City employees in connection with any City election.
(f) No public servant shall intentionally suppress any public document,
record, report or any other public information available to the general public because it
might tend to unfavorably affect their private financial, personal, or political interest.
(g) When a public servant, in the course of carrying out his or her duties, has
been offered or is discussing future employment with a business that is presently dealing
with the City concerning matters within the public servant's current official duties, that
person shall disclose such possible future employment to the City Manager. The City
Manager shall disclose such possible future employment to the City Council.
(h) No member of the governing body having a personal interest in a matter
shall represent himself or herself or any other person before the governing body in
connection with that matter, nor in connection with any matter in which a partner in
interest has a personal interest, except in cases where a legal right to self -representation
exists.
(i) No member of a board having a conflict of interest shall represent himself
or herself or any other person before that board in connection with that matter, nor in
connection with any matter in which a member of his or her immediate family or a
ON" business with which he or she, or a member of his or her immediate family, is associated
has a prohibited interest, except in cases where a legal right to self -representation exists.
ftno
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Om (j) No member of a board who is prohibited by this provision from
representing himself or herself before that board shall represent himself or herself in the
saw appeal of any decision of that board to any decision maker.
(k) No public servant shall, while in the course and scope of their duties,
engage in any kind of behavior towards another public servant or member
of the public that is threatening or abusive in nature.
Section 12. Board o Ethics
(a) There is created a Board of Ethics consisting of seven members. Each
member of the Board of Ethics shall have been a resident of the City for at least one (1)
year immediately preceding the date of taking office and shall remain a resident of the
City while serving as a member of the Board of Ethics.
(b) Members of the Board shall not be elected officials, persons appointed to
elective office, full-time appointed officials (whether exempt or nonexempt), or City
employees, and shall hold no elected public office nor any other City office or
employment.
(c) Members of the Board shall be nominated by the Council Member in
whose district they reside and the Mayor, at large subject to approval by the Mayor and
City Council. . An appointment to fill a vacancy on the Board shall be made in the same
rr..r manner.
(d) The Board shall elect a chairperson and vice chairperson.
(e) Board members shall serve terms consistent with the term of the elected
official who nominated them to the board. A member shall hold office until a successor is
appointed by the Mayor and City Council.
(f) No person may serve more than two (2) consecutive terms as a Board
member.
(g) The Board's deliberations and actions upon requests shall be open to the
public.
(h) Members of the Board are Volunteers and shall serve without
compensation. The governing body shall provide meeting space for the Board of Ethics.
Subject to budgetary procedures and requirements of the City, the City shall provide the
Board of Ethics with such supplies and equipment as may be reasonably necessary to
perform its duties and responsibilities.
(i) The governing body shall provide such staff support for the Board as the
governing body determines to be necessary for the Board to fulfill its
duties and responsibilities. The City Attorney is designated to be the legal
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advisor for the Board, except that the City Attorney is not authorized to
"no represent the Board in any legal action if doing so would create a conflict
which would prevent the City Attorney from also representing the Mayor,
WMW the City Manager, or City Council. The City Clerk shall serve as
Recording Secretary to the Board.
Section 13. Duties and Powers ofthe Board
(a) The Board shall, in addition to its other duties:
(1) develop and adopt written by-laws and rules of procedure which
shall be filed with the City Clerk; and
(2) be authorized to administer oaths; and
(3) conduct hearings as needed to hear and decide specific cases in
which a violation of this Ordinance is alleged. All cases to be investigated by the City
Attorney or outside counsel and heard by the Ethics Board regarding alleged violations of
this Ordinance as a result of the conduct of individuals must be initiated by the filing of a
written complaint in accordance with the procedure as set forth in Section 17 below.
Other actions relating to issues of policy such as questions as to whether this Ordinance is
being violated by City action may be brought by the request of anyone or on the Board's
own motion; and
to" (4) no later than December 1St of each year, submit an annual report to
the Mayor and City Council concerning its action, if any, in the preceding year, which
shall contain a summary of its decisions and opinions; the Board shall make any
alterations in the summaries necessary to prevent disclosure of any confidential
information pertaining to any individual or organization; and
r"
(5) establish a process for evaluating all significant aspects of the
administration and implementation of this Ordinance; and
(6) prescribe and make available necessary forms for use under this
Ordinance; and
(7) when necessary, request assistance from the City Attorney in
compelling the production of documents and witnesses to assist in any investigation; and
(8) when necessary, retain outside legal counsel and other experts as
needed after solicitation of recommendations from the City Attorney, and upon approval
by the governing body of a contract for services approved as to form by the City
Attorney.
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(b) The Board may:
(1) conduct meetings and hearings as the Board determines necessary
or appropriate:
(i) to ascertain public opinions and to gather information from
the general public, employees, or others regarding any aspect of the City's ethics policies
or practices; and
(ii) for any other purpose for which the Board is authorized to
conduct hearings; and
(2) respond, as it deems appropriate, to requests for advisory opinions;
the Board may decline to render an opinion in response to any request for an advisory
opinion; and
(3) render and publish written formal opinions on any matter within
the scope of the Board's authority; the Board may initiate opinions on its own motion or
upon request; and
(4) at the request of a person, the City Attorney may render an
informal opinion with respect to the prospective conduct of such person. Nothing in this
,o. Ordinance shall be construed to prohibit a request for an informal opinion by any public
servant from the City Attorney regarding a potential conflict of interest. If the City
im " Attorney elects to render an informal opinion, the City Attorney shall, within a
reasonable time, submit a written summary of the opinion to the Board for the Board's
information; if the City Attorney declines to render an informal opinion, nothing shall
preclude the person requesting the opinion from requesting the Board for an opinion; and
(5) prepare and publish special reports, technical studies, and
recommendations to further the purposes of this Ordinance; and
(6) make recommendations to the Mayor and City Council of
legislative or administrative actions regarding the City's policies and practices which the
Board believes could enhance the ethical environment in which public servants work; and
(7) make recommendations to the City Manager and City Attorney
with respect to the development of an educational program for public servants subject to
this Ordinance, new Board members, and the public about their rights, duties and
responsibilities hereunder.
Section 14. Custodian of Records
The City Clerk shall serve as legal custodian of the Board's records, and accept,
file, maintain and administer, in accordance with all applicable laws, any information
related to the purposes of this Ordinance.
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r
Section 1 S. Who May Request Board Action
(a) Any person may file a request for Board action with the City Clerk, either
personally or on behalf of a governmental body, and may request of the Board an ethics
opinion, whether a formal opinion or an advisory opinion, regarding the propriety of any
matter or matters to which the person is or may become a party; and any decision maker,
with the consent of a prospective appointee, may request of the Board an ethics opinion
regarding the propriety of any matter to which the public servant, prospective public
servant or former public servant is or may become a party.
(b) Any request for Board action shall be in writing, shall be signed by the
person making the request, and shall comply with Section 17 below.
Section 16. Limitations on Board's Power
The Board does not have the authority to reverse or otherwise modify a prior
action of the Mayor, governing body, or an official or employee of the City. If the Board
finds a prior action of the Mayor, the governing body, officer or employee to have been
ethically improper, the Board may advise the appropriate party or parties that the action
should be reconsidered. Upon such advice by the Board, the action should be
reconsidered by the appropriate person or public body. If the Board determines an
existing City contract to be ethically improper, after such determination and advice from
the Board, the City may void or seek termination of the contract if legally permissible.
The Board may refer a matter to the City Attorney or outside counsel for review and
consideration for appropriate action. Upon completion of review and consideration, the
City Attorney's Office or outside counsel shall report its findings to the Board.
Section 17. Procedures for HeariU Complaints
(a) Any person may file a written complaint, signed and sworn in the presence
of a notary, with the City Clerk alleging a violation of this Ordinance.
(b) A complaint shall specify the provisions of this Ordinance alleged to have
been violated and facts alleged to constitute the violation.
(c) Every ethics complaint filed shall contain the following statement: "I have
read the complaint and aver that the facts contained therein are true to the best of my
knowledge and belief and I am aware that the Ethics Ordinance that created the Ethics
Board authorizes the Board to impose penalties for filing a frivolous complaint including
without limitation, dismissal of the complaint, payment of costs associated with the
handling and processing of the complaint, and/or all other penalties applicable under the
law."
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(d) Upon receipt of such a complaint, and until an investigation of the
complaint is concluded, all matters regarding the investigation, facts of the matter giving
rise to the complaint and status of the investigation shall not be disclosed and shall be
kept in confidence. Neither the Ethics Board, City Council or any other Board or
Commission shall entertain public comment, place the matter on its agenda, or entertain
discussion of the issue until the report of investigation is delivered to the Ethics Board for
its consideration and the Ethics Board makes a final determination or forwards its report
to the City Council for a final determination.
(e) Upon receipt of such a complaint, but in any event not later than five (5)
working days after receipt, the City Clerk shall acknowledge receipt to the
complainant(s), and forward the complaint simultaneously to the Board, the person who
is complained against, the City Attorney and the City Council. In the event that the
subject of the Complaint is a City Council member or the Mayor, the City Attorney shall
be recused and outside counsel will be retained for investigation of the Complaint.
Outside counsel shall be retained based on recommendation of the City Attorney subject
to approval by the Chairman of the Ethics Board and the City Manager
(f) The City Attorney or outside counsel shall provide the Board with a
preliminary written analysis of the complaint no later than thirty (30) days from the date
the complaint is filed with the City Clerk.
(g) During any investigation and during any hearing which is conducted to
determine whether a violation of this Ordinance has occurred:
(1) the person under investigation or the accused may be represented
by counsel of his or her own choosing; and
(2) the accused or his or her representative, if any, shall have an
opportunity to
(i) challenge the sufficiency of any complaint which has been
filed against him or her; and
(ii) examine all documents and records obtained or prepared by
the Board in connection with the matter heard; and
(iii) bring witnesses; and
(iv) establish all pertinent facts and circumstances; and
(v) question or refute testimony or evidence, including the
opportunity to confront and cross-examine adverse witnesses; and
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(vi) exercise, to the extent the Board, in its discretion,
MP" determines to be just and reasonable, any pretrial discovery procedure usually available
in civil actions.
(h) The following principles shall apply regarding evidence in connection
with hearings conducted by the Board:
(1) The Board shall not be bound to adhere to statutory Rules of
Evidence, but shall be fundamentally fair and reasonable in its administration of
evidence; and
(2) All evidence including certified copies of records which the Board
considers shall be fully offered and made a part of the record in the proceedings; and
(3) The accused or any other person under investigation shall be
afforded adequate opportunity to rebut or offer countervailing evidence; and
(4) The Board shall inform the accused or his or her counsel of
exculpatory evidence in its possession; and
(5) The standard of evidence sufficient to prove a violation in hearings
conducted under this Ordinance shall be by a preponderance of the evidence admitted at
the hearing.
(i) The Board, in addition to its other duties and powers, may:
(1) appoint a hearing officer to conduct hearings under this Ordinance;
and
(2) with the approval of the governing body, retain outside legal
counsel and other experts as needed with respect to hearings in accordance with its
policies. The selection of a hearing officer and outside counsel and other experts and any
contract for such persons shall be made after solicitation of recommendations from the
City Attorney and upon approval by the governing body of a contract for services
approved as to form by the City Attorney; and
(3) request testimony to be taken by deposition before any individual
who is designated by the Board and, in such instances, to compel testimony and the
production of evidence to the extent it is otherwise lawfully authorized to do so; and
(4) request any person to submit in writing such reports and answers to
questions relevant to the proceedings as the Board may prescribe, such submission to be
made within such period and under oath or otherwise as the Board may determine; and
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(5) request and obtain copies of state income tax returns and access to
other appropriate information as permitted under state law regarding all persons who are
the subject of such investigation.
0) The person complained against shall have thirty (30) days from the date of
receipt of the complaint from the City Clerk to submit a written response prior to the
Board deciding whether to hold a hearing.
(k) Any person whose name is mentioned or who is otherwise identified
during a hearing and who, in the opinion of the Board, may be adversely affected thereby,
may, upon request of the person or a representative of the person, or upon the request of
any member of the Board, appear at the hearing to testify on his or her own behalf or
have a representative appear to so testify, and the Board may permit any other person to
appear and to testify at a hearing.
(1) Upon request of the accused, on its own motion, or upon request of the
City Attorney, the Board shall be authorized to issue subpoenas to compel the attendance
of necessary witnesses.
(m) Within thirty (30) days, following receipt of the City Attorney's analysis,
the Board shall review and consider the complaint and the City Attorney's analysis, and,
if a hearing is to be held, shall set a date certain for the hearing to take place within thirty
(30) days of said review by the Board, unless the accused petitions for and the Board
consents to a later date.
(n) As soon as practicable after giving due consideration to a complaint, or, if
a hearing was held, after the hearing, the Board shall take any action or combination of
actions which it deems appropriate and which it is lawfully empowered to take,
including, but not limited to the following:
(1) dismiss the complaint based on any of the following grounds:
(i) the complaint does not allege facts sufficient to constitute a
violation of this Ordinance; or
(ii) the Board has no jurisdiction over the matter; or
(iii) failure of the complainant to cooperate in the Board's
review and consideration of the complaint; or
(iv) the complaint is defective in a manner which results in the
Board being unable to make any sound determination; and
(2) determine that no violation of this Ordinance has occurred; or
(3) determine that the complaint alleges facts sufficient to constitute a
19
violation of this Ordinance and that the Board will conduct a hearing, in which case the
Board shall promptly send written notice of such determination to the accused and to the
complainant; or
(4) determine that further information is required to determine whether
the complaint alleges facts sufficient to constitute a violation of the Ordinance; and
(i) conduct its own investigation of any alleged violation; or
(ii) request the City Attorney or outside counsel to investigate
the complaint and report all findings back to the Board; or
(iii) schedule the complaint for further review and consideration
at a future time certain, in which case the Board shall promptly send written notice of
such determination to the accused and to the party who made the complaint; or
(iv) refer the complaint for criminal investigation or
prosecution; or
(v) refer the complaint, along with the Board's findings and
conclusions, to any appropriate administrative authority for
disciplinary action or other suitable remedial action; the
Board, although it has no independent administrative
authority, may make any recommendation to any City
administrator at any level of supervision, if the Board finds
that the recommendation will advance the objectives of this
Ordinance.
(5) After it has made its final determination, the Board shall issue its
written findings of fact and conclusions, and may issue any additional reports, opinions
and recommendations as it deems necessary. All such reports shall be in compliance
with all state and city laws governing confidentiality, open government, and torts. All
such reports shall be reviewed by the City Attorney prior to issuance.
Section 18. Those Subiect to Removal Only by the Governing Body
(a) If findings relative to an elected or appointed official are filed by the
Board with the governing body, the matter shall be referred to the appropriate standing
committee of the governing body for a report, or the governing body may appoint a
special committee and proceed in accordance with any other applicable state or local
laws.
(b) The committee, in reporting the ma
recommend a dismissal of the charges, a reprimand,
body to determine whether removal from office is
mat
20
to the governing body, may
or a hearing before the governing
warranted under the applicable
provisions of the state and local laws. Failure of an official to file the required financial
disclosure statement may constitute grounds for removal from office.
(c) Any hearing by the governing body or by a special or standing committee
as designated by the governing body, shall be conducted in accordance with the following
provisions:
(1) The accused official must be given reasonable notice of the hearing
date.
(2) The Board is not bound by the rules of evidence of the Official
Code of Georgia. All evidence, including certified copies of records and documents
which the governing body considers shall be fully offered and made part of the record in
the case.
(3) Each party shall be afforded adequate opportunity to rebut or offer
countervailing evidence, and to examine and cross-examine witnesses.
(4) During the entire hearing conducted under the provisions of this
Ordinance, the official or any person whose activities are under investigation shall be
entitled to be represented by counsel of his or her choosing. The governing body shall
immediately disclose and forward to the official or his or her counsel any and all
exculpatory evidence.
(5) The accused official or his or her representative shall have an
adequate opportunity to examine all documents and records to be used at the hearing at a
reasonable time before the date of the hearing as well as during the hearing, to bring
witnesses, and to question or refute any testimony or evidence, including the opportunity
to confront and cross-examine adverse witnesses.
(6) The governing body shall have the power to compel the attendance
of witnesses and to issue subpoenas for books, records, documents or papers therein to be
designated under the authority granted to it by state law.
(7) The governing body may request income tax returns of the official
whose conduct or activities are under consideration by the governing body. The
examination of the official's income tax returns shall be in accordance with state law.
(d) Governing body action. The governing body shall make a determination
in regard to the recommendation of the committee. Dismissal of the
findings of the Board as referred to the governing body, or reprimand by
the governing body shall be by a majority vote. Removal from office shall
be in accordance with all applicable state and local laws.
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Section 19. Ex Parte Communications
(a) After a complaint has been filed and during the pendency of a complaint
NK" before the Board, no member of the Board may communicate directly or indirectly with
any party or other person about any issue of fact or law regarding the complaint, except
that
l.the members of the Board may obtain legal advice from the City Attorney and
may discuss the complaint with any staff provided to the Board by the governing
authority; and
2.the members of the Board may discuss the complaint at a lawfully
conducted meeting only; and
3. if any person attempts to communicate with a Board member
regarding the pending complaint, the Board member shall report the substance of the
communication to the Board on the public record at the next meeting or hearing of the
Board.
(b) No Board member shall undertake an independent investigation of any
complaint or matter before the Board.
Section 20. Confidentiality of Board Information
No member of the Board nor any public servant who has access to any
confidential information related to the functions or activities of the Board shall divulge
that information to any person not authorized to have it.
Section 21. Wrongful Use of Ethics Board
The purpose of the Board of Ethics is to endeavor to maintain a high standard of
ethical behavior by City officials, employees and other public servants. This will be most
effective when city officials, employees and other public servants and citizens work
together to set and maintain high ethical standards. Complaints directed to the Board
must be based on fact and have the intent to improve the ethical climate of the City.
Individuals directing unfounded, frivolous, false or politically motivated Complaints to
the Board of Ethics may be subject to penalties including but not limited to dismissal of
the Complaint, public reprimand, criminal prosecution for perjury, and/or payment of
costs associated with the handling and processing of the Complaint. Other penalties may
be imposed by the Ethics Board for the wrongful use of the Code of Ethics.
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Section 22. Wrong ul Use of the Code o Ethics
(a) A wrongful use of the Code of Ethics shall occur if and when a frivolous or
M"" false complaint is filed in a negligent, reckless or purposeful manner without a basis in
law or fact and for a purpose other than reporting a violation of this Code. A person has
not filed a frivolous complaint if he/she reasonably believes that facts exist to support the
claim and either reasonably believes that under those facts the complaint is valid under
this Code or acts upon the advice of counsel sought in good faith and given after full
disclosure of all relevant facts within his/her knowledge and information.
(b) In deciding if a complaint is a "Wrongful use of the Code of Ethics", the
Ethics Board may also consider:
(1) the timing of the complaint with respect to when the facts supporting
the alleged violation became known or should have become known to the
complainant, and with respect to the date of any pending election in which the
respondent is a candidate or is involved with a candidacy, if any;
(2) the nature and type of any publicity surrounding the filing of the
complaint, and the degree of participation by the complainant in publicizing the
fact that a complaint was fled with the Ethics Board;
0"M (3) the existence and nature of any relationship between the respondent
and the complainant before the complaint was filed;
(4) if respondent is a candidate for election to office, the existence and
nature of any relationship between the complainant and any candidate or group
opposing the respondent;
(5) any evidence that the complainant knew or reasonably should have
known that the allegations in the complaint were groundless; and
(6) any evidence of the complainant's motives in filing the complaint.
Section 23. Statute ofLimitations
No action may be taken on any complaint which is filed later than one (1) year
after a violation of this Ordinance is alleged to have occurred, and a complaint alleging a
violation must be filed within six (6) months from the date the complainant(s) knew or
should have known of the action alleged to be a violation. The discovery rule shall
apply.
Section 24. Penalties
Any violations of this Ordinance shall be punishable to the maximum extent
permitted by law. Any disciplinary action shall be carried out in accordance with the
23
provisions of this Ordinance, as well as any other applicable laws, policies and
won procedures applicable to the position of the offender and the gravity of the offense. The
Board is permitted to take any action which it is otherwise lawfully permitted to take,
including, but not limited to, any one or combination of the following which the Board
deems appropriate under the circumstances: public admonition by the Board; public
reprimand by the Board; and recommendation to the City Council for suspension,
demotion, forfeiture of office or removal from office, and/or termination from
employment, as allowed by applicable law.
Section 25. Penalties Cumulative
The penalties prescribed in this Ordinance shall be cumulative and not exclusive
of each other or of any other penalties which may be imposed pursuant to any other laws
or policies.
Section 26. Liberal Construction of Ordinance
The provisions of this Ordinance are to be construed liberally, to the end that the
public interest be fully protected, and shall be construed in a manner consistent with all
applicable federal and state laws and applicable provisions of the City Charter.
Section 27. Severability
Mon If any provision of this Ordinance is deemed invalid by any court or by any
federal or state agency of competent jurisdiction, or is held by such court or agency to be
6&W modified in any way in order to conform to the requirements of any such provision, the
conflicting provision of this Ordinance shall be considered a separate, distinct and
independent part of this Ordinance, and such holding shall not affect the validity and
enforceability of this Ordinance, or any part other than the part declared to be invalid.
Section 28. Effective Date
This Ordinance shall be effective upon the approval and adoption by the
governing body of the City.
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APPENDIX OF DEFINITIONS
For purposes of this Ordinance, the following terms, phrases, words and their
derivatives shall have the meanings given herein.
(1) Appointing authority means the Mayor, City Council, City Manager or any
other person who appoints a person to a public position.
(2) Associated, when used with reference to a business or an organization,
includes any business or organization in which a public servant or a public servant's
partner in interest is a director, officer or trustee, or owns or controls, directly or
indirectly, and severally or in the aggregate, at least 5% of the outstanding equity, or any
business or organization in which a public servant or a partner in interest has a personal
interest.
(3) Benefit means
(a) anything having a monetary value in excess of $100; or
(b) anything, regardless of its monetary value, perceived or intended
by either the one who offers it or the one to whom it is offered to be sufficient in value to
influence a public servant in the performance or non-performance of an official action; or
(c) anything, regardless of its monetary value, which, under the
r■r circumstances, a reasonably prudent person in the position of the public servant to whom
the thing is or may be offered, would recognize as being likely to be intended to influence
the public servant in the performance or non-performance of an official action; and
(d) the term "benefit" includes, but is not limited to, a valuable act,
advance, award, contract, compensation, contribution, deposit, emolument, employment,
favor, fee, forbearance, fringe benefit, gift, gratuity, honorarium, loan, offer, payment,
perquisite, privilege, promise, reward, remuneration, service, subscription, or the promise
that any of these things will be conferred in the future.
(4) Board means the Board of Ethics established by the City to operate under
the provisions of this Ordinance, unless the context clearly indicates otherwise; used
generically, "board" may mean any voting body
(a) which is established to participate as a body in some manner in the
conduct of the City government, including participation which is merely advisory,
whether established by state law, city charter, ordinance, contract, executive action or any
other lawful means; and
(b) any part of whose membership is appointed by the Mayor, City
Council or governing body acting on behalf of the City; but the term "board" does not
include a board, commission or committee which is the governing body of a separate
25
political subdivision of the State, or whose membership, after appointment, is not subject
'�"`" to any regulation by the governing body; nor does it include any City administrative
agency, bureau, department, division or office which is administered by individuals rather
""' than by a body.
(5) Business means an activity, association, commercial entity, corporation,
enterprise, firm, franchise, holding company, joint stock company, organization,
partnership, receivership, self-employed individual, sole proprietorship, trust or other
legal entity established to earn or otherwise obtain money, whether for profit or non-
profit, excluding a municipal corporation or governmental entity.
(6) Business with which a public servant is associated means a business in
which any of the following applies:
(a) The public servant is an owner, partner, director, officer, employee
or independent contractor in relation to the business; or
(b) A public servant's partner in interest is an owner, partner, director
or officer; or
(c) The public servant or a partner in interest is a stockholder of close
corporation stock which is worth at least $1,000 dollars at fair market value or which
own represents more than a 5% percent equity interest; or
Now (d) The public servant or a partner in interest is a stockholder of
publicly traded stock which is worth at least $5,000 at fair market value or which
represents more than 5% percent equity interest, other than publicly traded stock under a
trading account if the public servant reports the name and address of the stockholder; or
(e) Any business, regardless of ownership or value, by whom or for
whose benefit a decision maker is influenced to act in the hope or expectation of
obtaining a personal benefit for the public servant or for a partner in interest of the public
servant.
(7) Candidate means an individual who is a candidate for an elective office in
the City, as defined in the City Charter, or an applicant for City employment or for an
appointive City position.
(8) Child means a son or daughter, whether or not the son or daughter is the
biological offspring of the legal parent or parents and whether or not the son or daughter
is financially dependent on the parent or parents.
(9) Confidential information means information which has been obtained in
the course of holding public office, employment, an independent contract or otherwise
acting as a public servant, and which information is not available to members of the
26
public under The Georgia Open Records Act or other law or regulation and which the
mom public servant is not authorized to disclose, including:
am" (a) any written information that could lawfully be excepted from
disclosure pursuant to state law, unless the public servant disclosing it is authorized to do
so by state law, or pursuant to some other pertinent law, policy or procedure; and
(b) any non -written information which, if it were written, could be
excepted from disclosure under state law, unless the public servant disclosing it is
authorized to do so by the state law, or pursuant to some other pertinent law, policy or
procedure; and
(c) information which was obtained in the course of or by means of a
record or oral report of a lawful executive or closed session, whether or not the disclosure
of the information would violate state law, unless the public servant disclosing it is
authorized by state law to do so, or unless the public servant disclosing it has been
properly authorized to disclose it pursuant to an applicable law, policy or procedure;
however, when such information is also available through channels which are open to the
public, this provision does not prohibit public servants from disclosing the availability of
those channels.
(10) Compensation means any benefit conferred upon or received by any
person in return for services rendered or to be rendered.
Mm (11) Conflict of interest means not only a personal interest, as defined in this
Ordinance, but also a professional or non -pecuniary interest, such as arises when the City
Attorney is precluded from representing one public servant because of the City
Attorney's preexisting attorney-client relationship with another public servant.
(12) Controlled or illegal substance means any drug or other substance, the use
of which is regulated by federal or state law, except that within the meaning of this
Ordinance the term does not include any drug or substance which has been lawfully
prescribed by an authorized person for the use of a public servant, and which is used by
the public servant in accordance with the prescription.
(13) Decision maker means any public servant or group of public servants
empowered to act in a discretionary manner on behalf of the City in any capacity
whatsoever, including the making of recommendations. Decision maker includes, but is
not limited to, any City agency, bureau, department, division, office, administrator or
person who is charged with implementing and administering particular legislation or
executive or administrative decisions, and, to the extent this Ordinance is applicable to
them, any volunteer or independent contractor who is empowered to exercise any
discretionary power which could influence a public servant in the performance or
nonperformance of an official action. In this Ordinance, the term "decision maker" is
used to represent any and every public servant who could take any discretionary action
regarding a matter in which a public servant or a partner in interest has or may have a
27
conflict of interest, or as a result of which a public servant might receive a personal
benefit.
(14) Decision making means the exercise of any discretionary public power in
any capacity whatsoever, including the making of recommendations, by any public
servant whose action pertains to a matter in which a public servant or a public servant's
partner in interest has or may have a conflict of interest, or as a result of which a public
servant might receive a personal benefit.
(15) Disclose means, unless the context of this Ordinance indicates otherwise,
to provide the City Clerk with written notice of a conflict of interest or a
potential conflict of interest, and any other pertinent information,
including the nature and extent of the public servant's conflict of interest,
the decision maker(s) who may act on the matter, and the name and
address of any person alleged to have a conflict of interest or a potential
conflict of interest. Unless this Ordinance or a law which supersedes it
requires or permits another procedure, information shall be deemed
disclosed if any public servant within a reasonable time before any official
action is to be taken by the decision maker, provides the City Clerk with
written notice disclosing the conflict or potential conflict. For purposes of
this provision, "within a reasonable time" means within adequate time to
allow the City Clerk, acting within the City's normal schedule and
procedures for transmitting written documents, to forward the disclosure
to the decision maker(s) before whom the matter is pending or may be
brought, and within adequate time to allow the decision maker(s) to
review the disclosure before taking any official action.
(16) Discovery rule means, the statute of limitations does not start to run until
the date of the discovery of the violation or wrongful act, or the date which, by the
exercise of reasonable care and diligence, the complaining party should have discovered
the violation or wrongful act
(17) Employee means a person, other than an elected public officer, employed
and paid a salary to work for the City, whether under civil service or not, whether full-
time, part-time, or on a contract basis, and including those officially selected but not yet
serving; and, for purposes of establishing ethical obligations under this Ordinance and for
no other purpose, the term "employee" includes volunteers, notwithstanding the fact that
they are unpaid.
(18) Frivolous means a claim or complaint which is clearly insufficient on its
face, does not controvert the material points of the opposing party and is presumably
interposed for mere purposes of delay or to embarrass the opponent. A claim or defense
is frivolous if a proponent can present no rational argument based upon the evidence or
law in support of that claim.
28
(19) Gift means any benefit or thing or act of monetary value which is
mom conveyed to or performed for the benefit of a public servant or a partner in interest,
including any advance, award, contract, contribution, deposit, employment, favor,
""" forbearance, gift, gratuity, honorarium, loan, payment, service, subscription, or the
promise that any of these things or acts of value will be conferred in the future, if such
thing or act of value is conferred or performed without the lawful exchange of
consideration which is at least equal in value to the thing or act conferred or performed.
(20) Governing body means the elected officials who comprise the legislative
body of the City, as defined by the City Charter.
(21) Immediate family means:
(a) a public servant's spouse, children, grandchildren, parents, parents-
in-law, grandparent, grandparents -in-law, sisters, sisters-in-law, brothers, brothers-in-law,
sons-in-law, daughters-in-law, nieces, nephews, aunts, uncles (whether by marriage,
lineal descent or adoption ); and
(b) a public servant's relative by marriage, lineal descent or adoption
who receives, directly or indirectly, more than one-half of his or her support from the
public servant or from whom the public servant receives, directly or indirectly, more than
one-half of his or her support; and
(c) an individual claimed by the public servant or the public servant's
spouse as a dependent under the United States Internal Revenue Code.
(22) Interest means any personal benefit accruing to a public servant or the
public servant's partner in interest, whether in the public servant's own name or the name
of any person or business from which the public servant is entitled to receive any
personal benefit, as a result of a matter which is or which is expected to become the
subject of an official action by or with the City.
(23) Loan means a transfer of money, property or anything else of ascertainable
monetary value in exchange for an obligation, conditional or not, to repay in whole or in
part.
(24) Materially adverse means an opposing or contrary position of substantial
or important a matter as to influence the party in question.
(25) Matter means, unless the context of this Ordinance indicates otherwise,
any act, action, agenda item, allegation, application, amendment, auction, bill, business,
case, charge, claim, consideration, contract, controversy, decree, deed, deliberation,
discussion, hearing, issue, lease, license, measure, offer, order, ordinance, permit,
personnel action, petition, policy, presentation, procedure, privilege, proceeding, project,
proposal, proposition, purchase, recommendation, regulation, rental, request, resolution,
sale, subject, transaction, use, variance or other discretionary choice pending before a
29
City decision maker when a public servant or a partner in interest has a personal interest
OWN City
in the outcome of the decision, or the decision may result in a personal benefit to a public
servant or a partner in interest.
(26) Ministerial action means a simple and definite action or function imposed
by law where no exercise of discretion or judgment is required.
(27) Negotiating concerning prospective employment means one or more
discussions between a public servant and a potential employer other than the City
concerning the possibility of the public servant or a partner in interest considering or
accepting employment with the employer, in which discussion(s) the public servant
responds in a positive way.
(28) Office means any of the following:
(a) An elective position within the government of the City; or
(b) A City Attorney; or
(c) An appointive City position in which a public servant serves for a
specified term, except a position limited to the exercise of ministerial functions or a
position filled by an independent contractor; or
..� (d) An appointive City position which is filled by the governing body
or the executive or administrative head of the City, and in which the incumbent serves at
the pleasure of the appointing authority, except a clerical position, a position limited to
the exercise of ministerial functions or a position filled by an independent contractor.
(29) Officer means any person elected or appointed to hold an office, as
defined in the charter of the City.
(30) Official action means any act, action, approval, decision, denial, directive,
disapproval, inaction, order, performance, nonperformance, recommendation, vote, or
other direct result of a public servant's exercise of discretionary authority in connection
with the public servant's public position.
(31) Official duty means any official action or ministerial action which a public
servant is obligated or authorized to perform by virtue of being a public servant.
(32) Oficial records means any minutes, papers, documents, completed forms,
or other records maintained by a public agent for the purpose of fulfilling the disclosure
requirements of this Ordinance.
(32) Organization means, unless the context indicates otherwise, any non-profit
business other than an individual or governmental agency.
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MOMM (33) Partner in interest means, when used in this Ordinance in connection with
a public servant, as in the phrase "a public servant or a partner in interest" any and all of
the following:
(a) a member of the public servant's immediate family; or
(b) a business with which the public servant or a member of the public
servant's immediate family is associated; or
(c) any other person with whom the public servant or a member of his
immediate family is in business, or is negotiating or has an agreement concerning future
employment or the future conferring of any personal benefit, whether in the public
servant's own name or the name of any business or person from whom the public servant
is entitled, or expects to become entitled, to receive any personal benefit, as a result of a
contract or trans -action which is, or which is expected to become, the subject of an
official action by or with the City. The term partner in interest does not imply or require
any form of legal partnership or formal agreement.
(d) When used in the phrase "a public servant or a partner in interest,"
the term "partner in interest" refers only to a partner in interest of the public servant to
whom reference is being made, and not to any other person's partner in interest.
(34) Reasonable means fair, proper, equitable and just under the circumstances.
(35) Personal benefit means any benefit which is offered or received, or
Now perceived to be offered or received, primarily for the purpose of influencing the manner
in which a public servant performs or refrains from performing an official action, so that
an attempt is made to induce the public servant, or the public servant is induced, to act in
favor of some interest other than the public interest on the basis of an expectation or hope
that the public servant or a partner in interest of the public servant will obtain some
private gain by acting against the public interest; provided, however, that the term
"personal benefit" within the meaning of this Ordinance does not include any of the
following, which, although they may benefit individual public servants, are deemed to be
primarily public benefits rather than personal benefits:
(a) payment by the City of salaries, compensation or employee
benefits; or payment by an employer or business other than the City of salaries,
compensation, employee benefits or pursuant to a contract, when the payment is
unrelated to a public servant's status as a public servant and is not made for the purpose
of influencing, directly or indirectly, the vote, official action or decision of a public
servant; or
(b) fees, expenses, or income, including those resulting from outside
employment, which are permitted and reported in accordance with the policies of the
City; or
(c) authorized reimbursement of actual and necessary expenses; or
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(d) admission, regardless of value, to events to which public servants
MMMW are invited in their official, representative capacity as public servants; or
(e) campaign or political contributions which are made and reported in
accordance with state law; or
(f) reasonable hosting, including travel and expenses, entertainment,
meals or refreshments furnished in connection with public events, appearances or
ceremonies related to official City business, if furnished by the sponsor of such public
event; or in connection with speaking engagements, teaching or rendering other public
assistance to an organization or another governmental entity; this provision applies only
if the City does not also pay the person for the same activity; or
(g) awards publicly presented in recognition of public service, acts of
heroism or for solving crimes; or
(h) anything of value, regardless of the value, when the thing of value
is offered to the City, is accepted on behalf of the City, and is to remain the property of
the City; or
(i) commercially reasonable loans made in the ordinary course of the
�.. lender's business in accordance with prevailing rates and terms, and which do not
discriminate against or in favor of an individual who is a public servant because of such
individual's status as a public servant; or
0) complimentary copies of trade publications; or
(k) any unsolicited benefit conferred by any one person or business if
the economic value totals less than $250.00 per calendar year, and if there is no express
or implied understanding or agreement that a vote, official action or decision of a public
servant will be influenced; or
(1) reasonable compensation for a published work which did not
involve the use of the City's time, equipment, facilities, supplies, staff or other resources,
if the payment is arranged or paid by the publisher of the work; or
(m) reasonable compensation for a published work which did involve
the use of the City's time, equipment, facilities, supplies, staff or other resources, if the
payment of the compensation to the public servant is lawfully authorized by a
representative of the City who is empowered to authorize such compensation; or
(n) anything of value, if the payment, gift, or other transfer of value is
unrelated to and does not arise from the recipient's holding or having held a public
�"""' position, and if the activity or occasion for which it is given does not involve the use of
the City's time, equipment, facilities, supplies, staff or other resources which is not
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available to the general public; or
(o) anything of value received as a devise, bequest or inheritance; or
(p) a gift received from a relative within the third degree of
consanguinity, under the civil law computation method, to the public servant, or the
spouse of such a relative; or
(q) a gift received from a spouse of a public servant, or a spouse's
relative within the third degree of consanguinity to the spouse, under the civil law
computation method.
(36) Personal interest means a direct or indirect interest having value peculiar
to a particular individual or group, whether the value is pecuniary or non -pecuniary,
which value may accrue to such individual or group or result in such individual or group
deriving or potentially deriving a personal benefit as a result of the approval or denial of
any ordinance, resolution, order or other official action, or the performance or
nonperformance thereof, by a public servant, and which interest is not shared by the
general public..
(37) Public servant means any member of the governing body or of any City
agency, board, commission, committee, or other voting body, and any agent, department
.. head, employee, official, supervisor, volunteer, or other person, whether elected or
appointed, or legally authorized by contract or in any other manner to act in any capacity
,., under the authority of the City.
(38) Relative means a person who is related to an official or employee (whether
by marriage, lineal descent or adoption) as spouse, parent, child, brother, sister, aunt,
uncle, niece, nephew, grandparent, grandchild, parents-in-law, son-in-law,
daughter-in-law, brother-in-law or sister-in-law.
(39) Volunteer means an individual who is permitted by the City, or by a
person authorized to act on behalf of the City, to assist public servants in performing any
kind of official duty or action without any expectation of receiving compensation.
(40) Voting body means the governing body and any other City authority,
board, commission, committee, council or group, regardless of whether its function is
legislative, administrative, quasi -administrative or quasi-judicial or any combination
thereof, which must act as a body on the basis of a vote of some or all of its members.
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