Chapter 21 ETHICS LAW*
Sec. 21-3. Conflicts of interest.
(a) Officials and employees who are subject to this chapter shall
not:
(1) Participate on behalf of the city in any matter which would, to
their knowledge, have a direct financial impact, as distinguished from the
public generally, on them, their spouse or dependent child, or a business entity
with which they are affiliated;
(2) Be employed by a business entity that
has or is negotiating a contract with the city or is regulated by the city,
except as exempted by the commission pursuant to section 21-6 of this chapter,
and except that this subsection shall not apply to any official or employee who
shall disqualify himself from consideration of any matter before the city or
regulated by the city relating to said business entity;
(3) Hold any outside
employment that would impair their impartiality or independence of judgment in
their duties with the city;
(4) Represent any party, whether or not for a
fee, before the board of aldermen or any administrative agency of the
city;
(5) Within one year following termination of city service, act as a
compensated representative of another in connection with any specific matter in
which he participated substantially as a city official or
employee;
(6) (A) Solicit any gift or accept gifts from any person or entity
that has or is negotiating a contract with the city or is regulated by the city.
A gift shall include any benefit, thing, act or service with a monetary value in
excess of seventy-five dollars ($75.00) or combination of benefits, things, acts
or services received from any person or entity within a one calendar year period
with a monetary value in excess of one hundred fifty dollars
($150.00);
(B) Unless a gift of any of the following would tend to impair
the impartiality and the independence of judgment of the official or employee
receiving it or, if of significant value, would give the appearance of doing so,
or, if of significant value, the recipient official or employee believes, or has
reason to believe, that it is designed to do so, this subsection (6) does not
apply to:
(i) Reasonable expenses for food, travel, lodging, and scheduled
entertainment of the official or the employee for a meeting which is given in
return for participation in a panel or speaking engagement at the
meeting;
(ii) Campaign contribution; or
(iii) Any other gift that would
not present a conflict of interest as determined by the commission.
(7) Use
the prestige of his or her office to advance his or her own private interest or
the private interest of another. Use of the prestige of an office shall include,
but not be limited to:
(a) The acting, and/or creating the appearance of
acting, on behalf of the city by making any policy statement, and/or by
promising to authorize or to prevent any official action of any nature, when the
official or employee is not authorized to make such a
statement;
(b) Representing his or her personal opinion to be the official
position of the city or any agency of the city;
(c) Using and/or attempting
to use his or her official position improperly to unreasonably request, grant,
and/or obtain in any manner any unlawful and/or unwarranted privileges,
advantages, benefits and/or exemptions for him or herself, or
others;
(d) Using, for immediate private financial gain and/or advantage,
his or her city time and/or the city’s staff, facilities, equipment and/or
supplies to secure privileges and/or exemptions for himself or herself and/or
others.
The performance of usual and customary constituent services, without
additional compensation, does not constitute the use of the prestige of office,
within the meaning of this subsection;
(8) Without proper legal
authorization, use or disclose confidential information that is not available to
the public acquired in their employment or official position for their own
benefit or that of another;
(9) Cause or advocate a member of their family
to be hired, employed, promoted, transferred or advanced to any regular full or
regular part time paid employment of the city. No city official or employee
shall participate in an action relating to the discipline of a member of the
city official’s or employee’s family.
(b) Except as herein
expressly provided in this subsection to the contrary, in addition to those
provisions and requirements as set forth in subsection (a) of this section,
neither the mayor nor any member of the board of aldermen shall have an
ownership interest of five percent (5%) or greater in any personal or business
venture or entity that has or is negotiating a contract of five thousand dollars
($5,000.00) or greater with the city or is regulated by the city, except as
exempted by the commission pursuant to section 21-6, or when the elected
official discloses such interest and disqualifies himself from participation on
behalf of the city in such matter. (Ord. No. G-83-32, § 1, 7-14-83; Ord.
No. G-97-22, § 1, 8-21-97; Ord. No. G-97-66, § 1, 12-18-97; Ord. No.
G-01-30, § 1, 8-16-01)
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