City of
Code of Ethics for Public Officials in the City of
WHEREAS, it is imperative that the officials in the public service not
only maintain the highest possible standards of ethical conduct in their
transactions of public business, but that such standards be clearly defined and
known to the public as well as to the public officials.
NOW THEREFORE, BE IT RESOLVED by the City of
Section 1. Declaration of Policy.
The proper
operation of democratic government requires that public officials be
independent, impartial and responsible to the people; that government decisions
and policy be made in the proper channels of the government 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 of the City of
Section 2. Definitions of Terms.
Public Official: Any person that has
been elected to office, appointed by the City Council, appointed to a city
committee or commission or hired by the city to serve as a department head or
assistant department head. This list includes
the following:
a. A member of the city council or other
elected official.
b. The department head and assistant
department head of each city department.
c. A member of any city committee or
commission.
d.
Consultants retained by the city and those individual
professionals (such as but not limited to engineers, architects, lawyers,
auditors, and appraisers) in the consultants firm who perform work for the
city.
Anything of Value: Money, real or personal property, a permit or
license, a favor, a service, forgiveness of a loan or promise of future
employment. It does not mean reasonable
compensation or expenses paid to a public official by the government of the
City of
Compensation: A payment of “anything of value” to an
individual in return for that individual’s services of any kind.
Association: A business entity of any kind, a labor union,
a club or any other group of two or more persons other than the immediate
family.
Immediate Family: A reporting individual, spouse, minor
children, minor stepchildren or other persons residing in the same household.
Gift:
The payment or receipt of “anything of value” unless consideration of
greater or equal value is provided in return.
Section 3. Ethical Considerations.
Public officials
are to serve all persons fairly and equitably without regard to their personal
or financial benefit. The credibility of
the City of
Specific ethical
considerations are enumerated below for the guidance of public officials but
these do not necessarily encompass all the possible ethical considerations that
might arise.
a. Other
Offices or Employment. An elected public
official shall not hold another “incompatible office”, as that term has been
interpreted from time to time by statute, the courts, and by the Attorney
General. Employed public officials shall
not hold such incompatible office without notice and approval by the city
council. Elected and appointed public
officials shall not hold other office or employment which compromises the
performance of their elected or appointed duties without disclosure of said
office or employment and self disqualification from any particular action which
might be compromised by such office or employment.
b. Use
of Confidential Information. No public
official shall use information gained as a public official which
is not generally made available to and/or is not known to the public, to
directly or indirectly gain anything of value.
c. Solicitation
of or Receipt of Anything of Value. A
public official shall not solicit or receive anything of value from any person
or association, directly or indirectly, in consideration of some action to be
taken or not to be taken in the performance of the public official’s
duties.
d. Holding
Investments. No public official shall
hold any investment which might compromise the performance of the public
official’s duties without disclosure of said investment and self
disqualification from any particular action which might be compromised by such
investment, except as permitted by statute, such as Minnesota Statute 471.88.
e. Representation
of Others. A public official shall not
represent persons or associations in dealings with the city in consideration of
anything of value.
f. Financial
Interest. Where a public official or a
member of the public official’s immediate family has a financial interest in
any matter being considered by the public official, such interest, if known to
the public official, shall be disclosed by the public official. If the public official has such a financial
interest or if the minor child of a public official has such a financial
interest, the public official shall be disqualified from further participation
in the matter.
g. City
Property. No public official shall use
city owned property such as vehicles, equipment, or supplies for personal convenience
or profit except when such property is available to the public generally, or
where such property is provided by specific city policy in the conduct of
official city business.
h. Special
Consideration. No public official shall
grant any special consideration, treatment, or advantage to any citizen beyond
that which is available to every other citizen.
i. Authority. No public official shall exceed his or her
authority, or breach the law, or ask others to do so.
j. Giving
Anything of Value. No elected public
official shall give anything of value to potential voters in return for their
votes, promises, or financial considerations which would be prohibited by the
State of
k. Public
Funds, etc. No public official shall use
public funds, personnel, facilities, or equipment for private gain or political
campaign activities.
l. Expenses. Public officials shall provide complete
documentation to support requests for expense reimbursement. Expense reimbursement shall be made in
accordance with city policy.
m. Donations. No public official shall take an official
action which will benefit any person or entity because of a donation of
anything of value to the city by such person or entity.
n. Official
Action. No public official shall take an
official action which will benefit any person or entity where such public
official would not have otherwise have taken such action but for the public
official’s family relationship, friendship, or business relationship with such
person or entity.
o. Compliance
with Law. Public officials shall comply
with all local ordinances and state and federal statutes including, but not
limited to, the criminal code, Fair Campaign Practices Act, and laws governing
the functioning of municipalities, their elected and appointed officials and
employees.
Section 4. Special Considerations.
Situations can
arise where a member of a commission, a board, or a committee abstains from
voting because of a conflict of interest, but his or her abstention becomes a
vote either for or against the matter because a majority is required to pass or
reject that matter. This can happen
where four-fifths vote is needed to pass an issue, or the vote has to be a
clear majority and a split vote does not pass or reject.
When this happens,
the city attorney must be consulted and the final vote should carry a public
notice explaining what took place, and how it was resolved.
Section 5. Disclosure of Financial Interests.
Not later than
ninety (90) days after the date of approval of this code, each public official
of the city shall file as a public record, in the office of the city
clerk-treasurer; a statement containing the following:
1.
A list naming all business enterprises known by the public official to
be licensed by or to be doing business with the city which the public official
or any member of the public official’s immediate family is connected as an
employee, officer, owner, investor, creditor of, director, trustee, partner,
advisor, or consultant; and
2.
A list of the public officials and members of the public official’s
immediate family’s interests in real property located in the city or which may
be competing with the interests of the city located elsewhere, other than
property occupied as a personal residence.
Each person who
enters upon duty after the date of this code in an office or position as to
which a statement is required by this code shall file such a statement on forms
to be provided by the city not less than thirty (30) days after the date of
his/her entrance on duty.
Each person who
made an initial filing shall file a new statement by January 30 of each year
thereafter, or read and re-date the original statement, giving the information
called for above as of the time of the new statement. If a change in financial interest or property
ownership occurs between filings, a new filing shall be made within thirty (30)
days of the change.
The interest of
any member of the immediate family shall be considered to be an interest of a
person required to file a statement by or pursuant to this ordinance.
This code shall not be construed to require the filing of any
information relating to any person’s connection with or interest in any
professional society or any charitable religious, social, fraternal,
educational, recreational, public service, civil, or political organization, or
any similar organization not conducted as a business enterprise and which is
not engaged in the ownership or conduct of a business enterprise,
However, if any of
such organization seeking any action or benefit come
before a city council or board, then membership in the organization shall be
potential conflict of interest and must be reported as such to the city
clerk-treasurer or like position by the public official in an amended
disclosure statement. The other
stipulations of this code then apply.
The city clerk
shall inform each person who is required to file an initial statement of the
time and place for filing. The city
clerk shall inform the council whenever a person who is required to file a
statement fails to do so.
Passed and
adopted by the City Council this 8th day of June 2005.
The effective
date of this Ordinance is the date of this publication.
Signed:
Charles E. Walsh, Mayor
Attest:
Pam Monsrud, Clerk-Treasurer
Published
in the
CITY OF
Disclosure of Financial Interests by a Public Official
Initial Statement – Each person who enters upon duty in an office or
position, as to which a statement of disclosure is required by the Code of
Ethics for Public Officials in the City of Badger, shall file such a statement
on this form no less than thirty (30) days after the date of his/her entrance
on duty.
New Statement – Each person who made an initial filing shall review,
initial and re-date his/her original statement by January 30 of each year
thereafter. If a change in financial
interest or property ownership occurs between filings, a new filing shall be
made within thirty (30) days of the change.
The interest of any member of the immediate family shall be considered
to be an interest of a person required to file a statement by or pursuant to
this ordinance.
STATEMENT
I,_______________________,
____________________, of the City of
Name Title
provide the following information
pursuant to the Code of Ethics for Public Officials:
1. A list naming all business
enterprises known by me to be licensed by or to be doing business with the city
which I or any member of my immediate family is connected as an employee,
officer, owner, investor, creditor of, director, trustee, partner, advisor, or
consultant:
________________________________________________________________________________________________________________________________________________________________________________________________________________________
2. A list of my or any member of
my immediate family’s interests in real property located in the county, or
which may be competing with the interests of the county located elsewhere,
other than property occupied as a personal residence:
________________________________________________________________________________________________________________________________________________________________________________________________________________________
____________________________________________________ ______________
Signature and Title Date