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HomeMy WebLinkAbout2943 Ethics Ordinance ORDINANCE NO. 'J-C\ 4?:> AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND ELECTED OFFICIALS RECITALS: 1. The City of Ashland is committed to the highest ethical standards for its public officials. 2. As a statement in that regard, in addition to any standards set forth by the state, Ashland has had its own ethics provision applicable to public employees for more than 25 years. 3. As a sign of continuing commitment to the highest ethical standards Ashland desires to extend application of its ethics provisions to appointed and elected officials. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 3.08.020 ofthe Ashland Municipal Code is amended to read: SECTION 3.08.020 Code of Ethics. A. Declaration of Policy. The proper operation of democratic government requires that public officials, including elected officials, appointed officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a Code of Ethics for all public officials, whether paid or unpaid. The purpose of this Code is to establish ethical standards of conduct for all public officials by setting forth those acts or actions that are incompatible with the best interests of the City of Ashland. It is also the purpose of this Code to assist public officials in determining the proper course of action when faced with uncertainty regarding the propriety of a contemplated action, thereby preventing them from unwittingly entangling public and private interests. Through adoption of this Code the City hereby expresses its intent to maintain high ethical standards in the City service, and to increase public confidence in the integrity of City public officials. B. Responsibilities of Public Office. Public officials are agents of public purpose and are engaged for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state and the City, and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. C. Dedicated Service. All public officials of the City should work to support the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rules of work and performance established as the standard for their positions by the appropriate authority. Page I of 5 FILENAME \p C:\Documents and Settings\lucasa\Desktop\~Clean Ethics WITH CHANGES FROM SECOND READING I.doc Public officials should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials unless prohibited from so doing by law or by officially recognized confidentiality of their work. D. Fair and Equal Treatment. 1. Interest in Appointments. Canvassing of members of the Councilor Mayor, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the City service shall disqualify the candidate for appointment except with reference to unpaid positions filled by appointment by the Mayor or Council. 2. Use of Public Property. No public official shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such employee in the conduct of official business or as a specifically defined benefit in compensation of employment. 3. Obligations to Citizens. No public official shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen except as otherwise permitted by law or ordinance. E. Conflict of Interest. No public official, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that public official's official duties in the public interest or would tend to impair independence of judgment or action in the performance of that public official's official duties. Personal, as distinguished from financial, interest includes an interest arising from blood or marriage relationships or close business or political association. Nothing herein prohibits a public officer from engaging in any business, profession or employment that is permitted or required as regards the composition of a Board, Commission or Committee, (e.g. Planning Commissioners engaged in real estate pursuant to ORS 227.030 or Building Code Board of Appeals, [AMC 15.04.200] members engaged in specific trades). Specific conflicts of interest are enumerated below for guidance: 1. Incompatible Employment. No employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that employee's official duties or would tend to impair independence of judgment or action in the performance of that employee's official duties. 2. Disclosure of Confidential Information. No public official shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City. Nor shall any public official use such information to advance their financial or private interest, or the financial or private interest of others. 3. Gifts and Favors. No public official shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm or corporation which to their knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such employee (1) accept any gift, favor or thing of value that may tend to influence the employee in the discharge of their duties, or (2) grant, in the discharge of their duties, any improper favor, service or thing of value. 4. Representing Private Interests Before City Agencies or Courts. No employee whose salary is paid in whole or in part by the City shall appear in behalf of private interests before any agency of the City. An employee shall not represent private interests in any action or proceeding against the interests of the City in any litigation to which the City is a party, unless the employee is representing himself/herself as a private citizen on purely personal business. No appointed Page 2 of5 FILENAME \p C:\Documents and Settings\Iucasa\Desktop\~Clean Ethics WITH CHANGES FROM SECOND READING I.doc official shall appear on behalf of a client for a fee or pro bono before the board or commission to which that official is appointed. No public official shall accept a retainer or compensation that is contingent upon a specific action by the City. 5. Contracts with the City. Any public official who has a substantial or controlling financial interest in any business entity, transaction or contract with the City, or in the sale of real estate, materials, supplies or services to the City, shall make known to the proper authority such interest in any matter on which that public official may be called to act in an official capacity. The public official shall refrain from participating in the transaction or the making of such contract or sale. A public official shall not be deemed interested in any contract or purchase or sale of land or other thing of value unless such contract or sale is recommended, approved, awarded, entered into, or authorized by the public official in an official capacity. 6. Disclosure of Interest in Legislation. Any employee or appointed official who has a financial or other private interest, and who participates in discussion with or gives an official opinion to the Council, shall disclose on the records of the Councilor other appropriate authority the nature and extent of such interest. 7. More Restrictive State Law Provisions. Nothing in this ordinance relieves or excuses public officers and employees from compliance with more restrictive state laws applicable to the particular public position, (e.g. Planning Commissioners are subject to more restrictive Conflict ofInterest Provisions pursuant to ORS 244.135.) F. Political Activity. No employee in the administrative service shall use the prestige oftheir position in behalf of any political party. No employee in the administrative service shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution to any political party; nor shall an employee be a party to such solicitation by others; nor shall an employee take an active part in political campaigns for candidates while in the performance of duties in an official capacity. No public official shall promise an appointment to any municipal position as a reward for any political activity. G. Applicability of Code - Employees. When an employee has doubt as to the applicability of a provision of this code to a particular situation, they should apply to the City Administrator, who is charged with the implementation of this code for an advisory opinion, and be guided by that opinion when given. The employee shall have the opportunity to present their interpretation of the facts at issue and of the applicable provision(s) of the code before such advisory decision is made. All such requests for advice shall be treated as confidential. This code shall be operative in all instances covered by its provisions except when superseded by an applicable statute, ordinance or resolution, and each statute, ordinance or resolution action is mandatory, or when the application of a statute, ordinance or resolution provision is discretionary but determined to be more appropriate or desirable. H. Applicability of Code - Appointed and Elected Officials. When an appointed official or an elected official has doubt as to the applicability of a provision of this code to a particular situation, they should apply to the Mayor for a determination and City Council will be informed of the inquiry. The official seeking a determination shall have the opportunity to present any facts they deem relevant to Page 3 of 5 FILENAME \p C:\Documents and Settings\lucasa\Desktop\-Clean Ethics WITH CHANGES FROM SECOND READING I.doc the determination. They shall also have the opportunity to present any argument they may have as to what they deem an appropriate determination. The Mayor may request the City Attorney to provide an advisory opinion based upon the facts presented. The determination of the Mayor as to the applicability of a provision of this code to a particular situation shall be final, unless a majority of the Council calls up the determination for review by the full Council at the meeting following the determination.. I. Definitions: 1) Employee - for the purposes of this section, the term employee shall mean one who is hired and paid a wage or salary to work for the City other than elected or appointed officials. 2) Appointed Official - for the purposes of this section, the term "appointed official" shall mean a person who is appointed to serve on one of the City's boards or commissions and shall also mean the City Administrator and City Attorney. 3) Elected Official - for the purposes of this section, elected official shall mean one who is elected by the registered voters of the City of Ashland to serve the city and shall include: the Mayor, the city councilors, the city recorder, the municipal judge and the parks commissioners. J. Municipal Court Judge. Notwithstanding any other provision of this ordinance, the conduct of the Municipal Court Judge, an elected official, shall be governed by the Rules of Judicial Conduct of the Oregon State Bar (2006 version) specifically incorporated herein and made a part hereof by this reference. K. Sanctions. Violation of any provision of this section, determined after notice and an opportunity to be heard, shall constitute cause for disciplinary action for an employee, or removal of an appointive officer. Discipline or removal actions shall be in addition to, and not in lieu of, any other City initiated sanction or penalty authorized by Title I of the Ashland Municipal Code. SECTION 2. Section 3.08.010 (B) of the Ashland Municipal Code is amended to read: B. Scope and Coverage. These personnel policies shall apply to all employees ofthe City of Ashland. Section 3.080.020 contains policies applicable to elected officials and appointive officers~ These policies are in addition to and in no way replace, modify or infringe upon existing union contracts or other agreements between the City and its employees. Any existing employee union contract or agreement with a non-union employee group is hereby incorporated by reference as further statement of the City's personnel policy with regard to wages, hours and conditions of employment. (Ord 2826 S5, 1998) The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the \'0 day of M Ql1 and duly PASSED and ADOPTED this \ \.D day of \)~ per ,2007, ,2007. Page 4 of5 FILENAME \p C:\Documents and Settings\lucasa\Desktop\-Clean Ethics WITH CHANGES FROM SECOND READING I.doc SIGNED and APPROVED this \ to day of QQ.--\-\) t:>.lG\' ,2007. ~ n, Mayor si tant City Attorney Page 5 of 5 FILENAME \p C:\Documents and Settings\lucasa\Desktop\~Clean Ethics WITH CHANGES FROM SECOND READING I.doc ORDINANCE NO. AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND ELECTED OFFICIALS Annotated to show deletions and additions to the code sections being modified. Deletions are lined tllf~ and additions are bold underlJ.!led RECITALS: 1. The City of Ashland is committed to the highest ethical standards for its public officials. 2. As a statement in that regard, in addition to any standards set forth by the state, Ashland has had its own ethics provision applicable to public employees for more than 25 years. 3. As a sign of continuing commitment to the highest ethical standards Ashland desires to extend application of its ethics provisions to appointed and elected officials. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION l. Section 3.08.020 of the Ashland Municipal Code is amended to read: SECTION 3.08.020 Code of Ethics. A. Declaration of Policy. The proper operation of democratic government requires that public officials, including elected officials, appointed officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a Code of Ethics for all public officials, whether paid or unpaid. The purpose of this Code is to establish ethical standards of conduct for all public officials by setting forth those acts or actions that are incompatible with the best interests of the City of Ashland. It is also the purpose of this Code to assist public officials in determining the proper course of action when faced with uncertainty regarding the propriety of a contemplated action, thereby preventing them from unwittingly entangling public and private interests. Through adoption of this Code the City hereby expresses its intent to maintain high ethical standards in the City service, and to increase public confidence in the integrity of City public officials. B. Responsibilities of Public Office. Public officials are agents of public purpose and are engaged for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state and the City, and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. C. Dedicated Service. All public officials of the City should work to support the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rules of work and performance established as the Page 1 of 5 D FILENAME \p C:\DOCUME-l\lucasa\LOCALS-l\Temp\-RED CHANGES MADE TO ETIllCS AT SECOND READING.docD standard for their positions by the appropriate authority. Public officials should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials unless prohibited from so doing by law or by officially recognized confidentiality of their work. D. Fair and Equal Treatment. 1. Interest in Appointments. Canvassing of members of the Councilor Mayor, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the City service shall disqualify the candidate for appointment except with reference to unpaid positions filled by appointment by the Mayor or Council. 2. Use of Public Property. No public official shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such employee in the conduct of official business or as a specifically defined benefit in compensation of employment. 3. Obligations to Citizens. No public official shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen except as otherwise permitted by law or ordinance. E. Conflict of Interest. No public official, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that public official's official duties in the public interest or would tend to impair independence of judgment or action in the performance of that public official's official duties. Personal, as distinguished from financial, interest includes an interest arising from blood or marriage relationships or close business or political association. Nothing herein prohibits a public officer from engaging in any business, profession or employment that is permitted or required as regards the composition of a Board, Commission or Committee, (e.g. Planning Commissioners engaged in real estate pursuant to ORS 227.030 or Building Code Board of Appeals, [AMC 15.04.200] members engaged in specific trades). Specific conflicts of interest are enumerated below for guidance: 1. Incompatible Employment. No employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that employee's official duties or would tend to impair independence of judgment or action in the performance of that employee's official duties. 2. Disclosure of Confidential Information. No public official shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City. Nor shall any public official use such information to advance their financial or private interest, or the financial or private interest of others. 3. Gifts and Favors. No public official shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm or corporation which to their knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such employee (1) accept any gift, favor or thing of value that may tend to influence the employee in the discharge of their duties, or (2) grant, in the discharge of their duties, any improper favor, service or thing of value. 4. Representing Private Interests Before City Agencies or Courts. No employee whose salary is paid in whole or in part by the City shall appear in behalf of private interests before any agency of the City. An employee shall not represent private interests in any action or proceeding against the interests of the City in any litigation to which the City is a party, unless the employee is Page 2 of5 D FILENAME \p C:\DOCUME-l\lucasa\LOCALS-l\Temp\-RED CHANGES MADE TO ETIllCS AT SECOND READING.docD representing himself/herself as a private citizen on purely personal business. No appointed official shall ~It'ar on behalf of a.flit,!!! for a ft'l' UI~l(HW Ft1Ht""St'itt adwHt ttH hin- before the board or commission to which that official is appointed. Ht lit IHH ~,HHHt Hi fln:tH.t'dHteht'tt~rt"' ttfHiliwt'hfHtnt {HflHHt"'1.Htmf;1' till. ( it", ( fHHIOI fHl lIflhttlt'i ",hit.h CHit' fHwi#{'fHHt' iwfHH' !fit' ht>>H-d- fH' {'HtHittf'''''IHH Itt wfiidH liMon-it'iat. h aftfHttlltt'fJ No public official shall accept a retainer or compensation that is contingent upon a specific action by the City. 5. Contracts with the City. Any public official who has a substantial or controlling financial interest in any business entity, transaction or contract with the City, or in the sale of real estate, materials, supplies or services to the City, shall make known to the proper authority such interest in any matter on which that public official may be called to act in an official capacity. The public official shall refrain from participating in the transaction or the making of such contract or sale. A public official shall not be deemed interested in any contract or purchase or sale of land or other thing of value unless such contract or sale is recommended, approved, awarded, entered into, or authorized by the public official in an official capacity. 6. Disclosure of Interest in Legislation. Any employee or appointed official who has a fmancial or other private interest, and who participates in discussion with or gives an official opinion to the Council, shall disclose on the records of the Councilor other appropriate authority the nature and extent of such interest. 7, More Restrictive State Law Provisions. Nothing in this ordinance relieves or excuses public officers and employees from compliance with more restrictive state laws applicable to the particular public position, (e.g. Planning Commissioners are subject to more restrictive Conflict ofInterest Provisions pursuant to ORS 244.135.) F. Political Activity. No employee in the administrative service shall use the prestige of their position in behalf of any political party. No employee in the administrative service shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution to any political party; nor shall an employee be a party to such solicitation by others; nor shall an employee take an active part in political campaigns for candidates while in the performance of duties in an official capacity. No public official shall promise an appointment to any municipal position as a reward for any political activity. G. Applicability of Code - EmlJloyees. When an employee has doubt as to the applicability of a provision of this code to a particular situation, they should apply to the City Administrator, who is charged with the implementation of this code for an advisory opinion, and be guided by that opinion when given. The employee shall have the opportunity to present their interpretation of the facts at issue and of the applicable provision(s) of the code before such advisory decision is made. All such requests for advice shall be treated as confidential. This code shall be operative in all instances covered by its provisions except when superseded by an applicable statute, ordinance or resolution, and each statute, ordinance or resolution action is mandatory, or when the application of a statute, ordinance or resolution provision is discretionary but determined to be more appropriate or desirable. H. Applicability of Code - Appointed and Elected Officials. When an appointed official or an elected Page 3 of5 o FILENAME \p C:\DOCUME~l\lucasa\LOCALS~l\Temp\~RED CHANGES MADE TO ETHICS AT SECOND READING. doc 0 official has doubt as to the applicability of a provision of this code to a particular situation, they should apply to the Mayor for a determination and City Council will be informed of the inquiry. The official seeking a determination shall have the opportunity to present any facts they deem relevant to the determination. They shall also have the opportunity to present any argument they may have as to what they deem an appropriate determination. The Mayor may request the City Attorney to provide an advisory opinion based upon the facts presented. The determination of the Mayor as to the applicability of a provision of this code to a particular situation shall be final, unless a majority of the Council calls up the determination for review by the full Council at the meeting following the determination. . I. Definitions: I) Employee - for the purposes of this section, the term employee shall mean one who is hired and paid a wage or salary to work for the City other than elected or appointed officials. 2) Appointed Official - for the purposes of this section, the term "appointed official" shall mean a person who is appointed to serve on one of the City's boards or commissions and shall also mean the City Administrator and City Attorney. 3) Elected Official - for the purposes of this section, elected official shall mean one who is elected by the registered voters of the City of Ashland to serve the city and shall include: the Mayor, the city councilors, the city recorder, the municipal judge and the parks commissioners. '\ I II n It i pa I ('(1 II rt .I w~::..~ ot" it hs 1 a!_!.!Ji.'..!~U0-_,-,-lJl...t.:!~~hll~..QU).!..!~.-:Lr d.!.!1 a n l..!::.::.. 1 It" {11 n d IIf I ; ,l lhe '\Iunicipal ( 0111'1 Jlld~t'. an ekr~~L~[tk~11. shall l~" g(ln'!.!.!:~Lh~_ the Rule~'lIdi{li!~ Condllrt of the Ore:goll State Bar C2JlQ!~~~I.~.QD I sperifi~alh incorporated hnein an.Q made .it pat-t hereof 11\ thj~_~l'ferellle. h.. Sanctions. Violation of any provision of this section. determined after notice and an opportunity to be heard. shall constitute cause for disciplinary action for an~'mpll"..!~~)r rel1lm al of :III appointiH offin'r. Discipline or n-nHJ\ al a!.tiolls2.hall.!~! III addifio!!~aIIJU!.!.2!J1I lieu oL al~~J.!.!hn <j..L HI ili a f ed san ct i 0 IU!.!':' tlt' II a 11\ :w I !~_Q_UI_~5LI!~_J.~tl!'_.Lo f I II t' __~~II a !!..;L~J!~!}k~!3l1 ( nth.: ...ECTIO'\/ 2. Section JmUHO iB) offlw A,shlallid \lulIifipal ode is :lIlH'!Hled to re:ld: B. Scope and Coverage. These personnel policies shall apply to all employees of the City of Ashland t'-Ht'fttfm.~it'tit'tl,+ff*iahc >en!.Q!!_::Ulli~,_o20 nlnt;lIm~ pohnes l!JIJplirable to "'efled offiual~ and appointin' officers, These policies are in addition to and in no way replace. modify or infringe upon existing union contracts or other agreements behyeen the City and its employees. Any existing employee union contract or agreement with a non-union employee group is hereby incorporated by reference as further statement of the City's personnel policy with regard to wages. hours and conditions of employment. (Ord 2826 S5. 1998) The foregoing ordinance was first read by title only in accordance with Article X_ Section 2(C) of the City Charter on the _ day of .200-, and duly PASSED and ADOPTED this day of .~41W Page 4 of5 D FILENAME \p C:\DOCUME~l\lucasa\LOCALS-l\Temp\-RED CHANGES MADE TO ETIllCS AT SECOND READING.docD Barbara Christensen. City Recorder SIGNED and APPROVED this day of . !Op- John W. Morrison, Mayor Reviewed as to form: Rirhard\ppirello. \~~ftstallt City Attorney Page 5 of5 o FILENAME \p C:\DOCUME~l\lucasa\LOCALS-l\Temp\-RED CHANGES MADE TO ETHICS AT SECOND READlNG.docD