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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)
All public servants are prohibited from engaging in the following conduct:
(A) Divulging confidential information to any person not authorized to obtain such information.
(B) Benefitting financially from confidential information.
(C) Representing his or her individual opinion as that of the City.
(D) Misusing City personnel, resources, property, funds or assets for personal gain.
(E) Soliciting or accepting a gift or loan of money, goods, services or other things of value which tend to influence the manner in which the public servant performs his or her official duties.
(F) Engaging in a business transaction which may cause the public servant to derive a personal profit or gain directly or indirectly as a result of his or her official position.
(G) Engaging in employment or rendering services that are incompatible or in conflict with the discharge of his or her official duties or that tend to impair his or her independence of judgment.
(H) Participating in contracts, loans, grants, rate-fixing, or issuing permits involving a business entity in which he or she has a substantial interest; however this provision shall not apply in the following circumstances:
(1) Contracting with the City when:
(a) The contract is awarded pursuant to sealed bids,
(b) The public servant is not involved directly or indirectly or otherwise refrains from participation in the decision on the award of the contract, and
(c) The City Commission, after reviewing the circumstances, determines the award of the contract would be in the best interest of the City, or
(2) Where the interest of the public servant in the business entity involves the holding of less than 1% of the securities in a publicly traded business or less than 5% of any privately or closely held business and where the public servant will not have any involvement in the transaction on behalf of the contracting business entity.
(Ord. 680-10-14, passed 10-6-14)
Whenever a public disclosure is required by this chapter, it may be made orally on the record at a meeting of the public body involved, or in a writing filed with the City Clerk, and in both cases it shall be made a part of the record of a regular City Commission meeting, and in either event shall include:
(A) The identity of all persons involved in the interest.
(B) The source and amount of income derived from the interest that may be considered as resulting from employment, investment or gift. The person required to file a disclosure statement in accordance with the provisions of this chapter must verify, in writing, under penalty of perjury, the information in the statement is true and complete as far as he or she knows.
(Ord. 680-10-14, passed 10-6-14)
The City Clerk shall examine all disclosure statements filed pursuant to this chapter and report irregularities immediately to the person filing the statement to the City Manager and the City Attorney. Acceptance of a statement by the City Clerk shall not constitute approval of the statement. The City Clerk shall maintain a current list of all disclosure statements required to be available for public disclosure. The City Clerk shall preserve all disclosure statements for at least three years after the date on which they are filed. The City Clerk shall make available to the public all statements that are required to be available for inspection during regular business hours.
(Ord. 680-10-14, passed 10-6-14)
Any public servant may request that the City Attorney provide an advisory opinion interpreting the effect or application of this chapter generally, or on questions directly relating to the propriety of their conduct in a particular situation.
(Ord. 680-10-14, passed 10-6-14)
The City Clerk shall deliver a copy of this chapter to each public servant as soon as practicable after the enactment of this chapter, and to each new public servant at the time of employment or taking office. The City Clerk shall request that each such person sign and return an acknowledgement of receipt of a copy of this chapter.
(Ord. 680-10-14, passed 10-6-14)
(A) Alleged violations of § 38.10 shall be reported to, and investigated by, the Big Rapids Department of Public Safety, except when the person or persons investigated work within the Department of Public Safety, then another law enforcement department or agency shall be asked to investigate.
(B) Alleged violations of § 38.10 shall be authorized and prosecuted by the Big Rapids City Attorney, except when the person or persons alleged to have violated § 38.10 work within the Department of Law, then a special City attorney from outside the Department of Law shall be appointed by the City Commission to authorize and prosecute the alleged violations.
(Ord. 680-10-14, passed 10-6-14)
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