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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.