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Whenever in this chapter the following terms are used, they shall have the meanings described to them in this section.
BUSINESS ENTITY. A business entity includes a corporation, limited liability company, a partnership, sole proprietorship, joint venture, unincorporated association, trust, or other business form.
CITY. The City of Big Rapids, a Michigan municipal corporation.
INTEREST. Any right, title or share in something, that is personal, financial, legal or equitable, and which is owned, held or controlled, in whole or in part, directly or indirectly, by a public servant.
PUBLIC BODY. The City Commission and any board, authority, commission, committee, department, office or other agency of the City, including the City.
PUBLIC SERVANT. The Mayor, Member of the City Commission, Officer, full or part-time City employee and any person elected or appointed to any public body of the City, whether compensated or not.
(Ord. 680-10-14, passed 10-6-14)
(A) Public servants shall conduct themselves in a manner that promotes integrity, honesty, impartiality and fairness in carrying out their public duties and avoid any improprieties, or appearances of improprieties in their roles as officers and employees. They shall refrain from making personal attacks upon the character or motives of others and avoid any action which might result in or create the appearance of:
(1) Using public office or employment for private gain.
(2) Giving improper preferential treatment to any person or organization.
(3) Impeding government efficiency or economy.
(4) A lack of independence or impartiality of action.
(5) Making a government decision outside of official channels.
(6) Affecting adversely the confidence of the public in the integrity of the City.
(B) It is not the intent of this chapter to limit the right or ability of any public servant to exercise his or her discretion in making legitimate policy decisions which are within their discretion so long as such action does not provide a special benefit to that person, relieve the public servant of a particular duty, or treat that person differently than other similarly situated City residents.
(Ord. 680-10-14, passed 10-6-14; Am. Ord. 799-05-23, passed 5-15- 23)
No public servant shall request, use or permit the use of any consideration, treatment, advantage or favor beyond that which is the general practice to grant or make available to the public at large. All public servants shall treat all citizens of the City with courtesy, impartiality, fairness and equality under the law.
(Ord. 680-10-14, passed 10-6-14)
No public servant shall request, use or permit the use of any publicly owned or publicly supported property, vehicle, equipment, material, labor or service, or money, for the personal convenience or the private advantage of himself, herself or of any other person. This requirement shall not prevent any public servant from requesting, using or permitting the use of such publicly owned or publicly supplied property, vehicle, equipment, material, labor or service which is made available by general practice, to the public at large, or which is provided as a matter of public policy for the use of public servants in the conduct of official business, as approved consideration for their services to the City.
(Ord. 680-10-14, passed 10-6-14)
The following disclosure requirements are established to avoid both actual and potential conflict between the private self-interest and the public interest of public servants:
(A) Self interest. No public servant, either on his or her behalf or on behalf of any other person, shall have an interest in any business transaction with any public body of the City, unless the person shall first make full public disclosure of the nature of such interest.
(B) Disclosure and disqualification. Whenever the performance of official duties shall require a public servant to deliberate and vote on any matter involving his or her financial or personal interest, that person shall publicly disclose the nature and extent of such interest and is disqualified from participating in the deliberations and voting on the matter.
(C) Dual employment. No public servant shall engage in employment with, or render services for, any-person or entity, which has business transactions with any public body of the City, without first making full public disclosure of the nature and extent of the employment or services.
(D) Dual representation. A public servant shall make full public disclosure of business involving the City when attempting to use his or her official position to secure special privileges or exemptions for self or others.
(Ord. 680-10-14, passed 10-6-14)
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