HomeMy WebLinkAbout1994-56 City Charter AmendmentRESOLUTION NO. 94-,-~'~
A RESOLUTION SUBMITTING TO THE ELECTORS A PROPOSED
AMENDMENT TO THE CITY OF ASHLAND CHARTER TO REPLACE
THE PROVISION PROHIBITING INTEREST IN CITY CONTRACTS BY
ELECTED OFFICIALS WITH THE STATE CODE OF ETHICS
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1, The following proposed amendment to Article III, Section 6 of the Charter
of the City of Ashland is referred to the electors of the City of Ashland for their
adoption or rejection at the election to be held on November 8, 1994:
AN ACT
To amend the Charter of the City of Ashland to replace the
provision prohibiting interest in city contracts by elected
officials with the State of Oregon Code of Ethics.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ASHLAND, OREGON:
Section 1. Article III, Section 6 of the Charter of the City of Ashland is amended to
read as follows:
ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE LINED THROUGH AND
ADDITIONS ARE ~.
"Interest in City Contracts. During the term of hi:/hcr office, no elective
officer shall hove interoct in any contract with the city ~
provis".on of the State of Oregon Code of Ethics as contained in ORS
Chapter 244.
Section 2. The following ballot title for the proposed measure is approved:
STATE ETHICS CODE TO REPLACE CHARTER PROVISION CONCERNING
INTERESTS CONFLICTS
Shall State Code of Ethics for public officials replace City Charter provision
prohibiting interest in city contracts by elected officials?
EXPLANATION: The State of Oregon has imposed by law a Code of Ethics on
all elected officials. This Code of Ethics prohibits all public officials from action
which will result in financial gain for themselves or members of their household.
Penalties for violation of the Code of Ethics are set forth in state law. The
Ashland Charter prohibits elected officials from having an interest in city
PAGE 1-CHARTER AMENDMENT RESOLUTION~.:.~ch.,-~.~=~
contracts. No penalty is set forth in the charter for a violation of this provision.
A "Yes" vote replaces the charter provision with the State Code of Ethics.
SECTION 3. The City Recorder is requested and directed to give notice of this special
election as provided in the laws of the State of Oregon and the charter and ordinances
of the City of Ashland.
This resolution was read by title only in accordance with Ashland Municipal Code
§ 2.04.090 duly PASSED and ADOPTED this ~ Y~- day of September , 1994.
Nan E. F(anklin, City Recorder
SIGNED and APPROVED this
day Of ,,~-y~/'-~j , 1994.
Paul Nolte, City Attorney
PAGE 2-CHARTER AMENDMENT RESOLUTION~.;~,~.,-~.~=~
For Information Purposes Only
(This is not e part of the resolution)
STATE OF OREGON
CODE OF ETHICS
244.040 Code of ethics; prohibited actions; honoraria. The following actions are prohibited regardless of whether actual conflicts
of interest or potential conflicts of interest are announced or disclosed pursuant to ORS 244.120:
(1)(a) No public official shall use or attempt to use offh;ial position or office to obtain financial gain or avoidance of financial
detriment that would not otherwise be available but for the public official's holding of the official position or office, other than
offidal salary, honoraria, except as prohibited in paragraphs (b) and (c) of this subsection, reimbursement of expenses or an
unsolictted award for professional achievement for the public official or the public offidal's relative, or for any business with
which the public official or a relative of the public official is associated.
(b) No statewide official shall solicit or receive, whether directly or indirectly, honoraria for the statewide official or for any
member of the hou~ehctd of the official. No c=mdidate for etetewlde office ~ sdidt or receive, whether directly or indirectly,
honoraria for the candidate or for any member of the household of the candidate.
(c) No legislative official shall solicit or receive, whether directly or Indirectly, honoraria In an mount in excess of $1,500 or in
any mount for an appearance within the state or for an appearance during a legislative session, regardless of location, for the
legislative official or for any member of the household of the official, except that a legislative official may solicit or receive
honoraria for seevices performed In relation to the private profession or occupation of the legislative official. No candidate for
legislative office shall solicit or receive, whether directly or indirectly, honoraria in an amount in excess of $1,500 or in any
amount for an appearance within the state for the candidate or for any member of the household of the candidate, except that
candidate for legislative office may solicit or receive honoraria for seevises performed in relation to the private profession or
occupation of the legislative official.
{d) Any public official not described in paragraph (b) or (c) of this subsection or a member of the public official's household
may receive honoraria.
(2) No public offidal or candidate for office or a relative of ffw public official or candidate shall solicit or receive, whether
directly or indirectly, during any calendar year, any gift or gifts with an aggregate value in excess of $100 from any single source
who could reasunebly be known to have a legislative or administrative interest in any governmental agency in which the official
has or the candidate if elected would have any official position or over which the offsial axeraises or the candidate it elected
would exercise any authority.
(3) No public official shall solicit or receive, either directly or indirectly, and no person shall offer or give to any public official
any pledge or promise of future employment, based on any understanding that such public official's vote, official action or
judgment would be influenced thereby.
(4) No public official shall attempt to further or further the personal gin of the public official through the use of confidential
information gained in the course of or by roe/on of the official position or antivitfee of the public official in any way.
(5) No person shall offer during any calendar year any gifts with an aggregate value in exsese of $100 to any public official or
candidate therefor or a relative of the public official or candidate if the person has a legislative or edmlnlstraUve interest in a
governmental agency in which the offidal has or the candidate ff elected would have any official position or over which the
official exercises or the candidate ff elected would exercise any authority.
(6) No person shall attempt to represent or represent a client for a fee before the governing body of a public body of which the
person is a member. This subsection does not apply to the person's employer, business palnor or other associate.