(A) Impartiality and non-discrimination. No official or employee shall grant or make available to any person any consideration, treatment, advantage or favor beyond that which is the town policy to grant or make available to the public at large without prior Town Council or Town Manager approval. No official or employee shall discriminate against any person in violation of federal, state, or local law, or the ordinances of the town.
(B) Appointment and employment. No official shall appoint an individual to any position within the town when the official would be considered a principal or officer of a for-profit organization where the individual being considered for appointment is a member of the same organization.
(C) Confidential information. No official or employee shall use or permit the use off any confidential information regarding municipal affairs to advance the financial or personal interest off said official or employee or any other person or entity, unless and until such information is available to the public.
(D) Electoral activities. No official, employee, or others who are engaged in any activities to gain public office or to assist another person or group to gain public office shall violate any provisions of any and all local, state, and federal laws. No official or employee shall instruct or induce other officials or employees to engage in conduct prohibited by the town, including the use of other employees or town assets for any activity related to the political campaign of said official or employee, or for any purpose other than authorized town business.
(E) Use of public property. No official or employee shall use, or induce, order, or allow other persons to use. Town funds or property for a purpose which is for private benefit unless the property is available to the general public on equal terms or unless the use is in accordance with other town municipal policies or ordinances.
(F) Assistance. No official or employee shall assist any person in any transaction with the town when such assistance is or would be reasonably appear to be improperly enhanced by the position of the official or employee unless said assistance is provided in the course of official town duties.
(G) Acceptance of gifts. No official or employee shall directly or indirectly solicit, accept or receive any gift or consideration whether in the form of money, service, loan, travel, entertainment, or promise which was intended to influence the official or employee to act other than impartially in the performance of their official duties or was intended as a reward for any such action. Further, an official or employee has an affirmative duty to report any attempts by citizens to give the official or employee unauthorized gifts or bribes. The following shall not constitute gifts or consideration for purposes of this section:
(1) A gift of nominal value, so long as such gift is not solicited and does not present a conflict in interest in fact or appearance. Nominal value shall mean having a value not exceeding $100 from one person or entity in the aggregate during a 12-month calendar period. Any official or employee who receives a gift in excess of $100 shall make written disclosure of said gift to the Ethics Officer;
(2) Trade discounts offered to town employees;
(3) Trade discounts offered to the general public;
(4) Food consumed at public, professional or community receptions;
(5) Acceptance of a professional or public award, reflecting positive performance or community service; and
(6) Campaign contributions reported in full compliance with any applicable federal, state, and local statutes and ordinances.
(H) Financial or personal interest conflicts. Unless a disclosure statement is completed and filed within five days of the conflict arising, no official or employee shall engage in the following:
(1) No official or employee shall represent any individual petitioner other than the town or himself/herself before the Town Council, any Commission, any board, or any committee of the town. An official or employee may represent an entity before the town, its Boards and Commissions, if the official or employee is an owner of at least 50% of that entity, or represents at least 50% of the property or business that is the subject of a petition.
(2) No official or employee shall participate or represent another person or entity in the procurement of any contract or purchase by the town if such contract or purchase involves the official or employee, a member of said official or employee’s family, or other entity in which the official or employee has a financial interest.
(3) No official or employee, either on that person’s behalf or an behalf of any other person, shall have any financial or personal interest in any business or transaction with the Town Council, as well as any board, commission, committee or other town public body unless that official or employee makes full public disclosure of the nature and extent of such interest, and if required, disqualifies himself or herself from participating in and acting upon the business or transaction.
(4) No official, in his or her public capacity, shall vote on any issue/matter or participate in any discussion if the matter has a potential financial benefit to the official, his or her immediate family members or their business. In the event that an official is required to abstain from voting on a particular issue, the official or employee shall announce the abstention and the reason for the abstention, or that a filed disclosure form provides the reason for the abstention, prior to discussion and voting on the particular issue. In the event that the abstention from voting would result in a lack of a quorum for the public body to officially act, then the affected official may vote after full disclosure of the conflict.
(I) No official shall conduct a meeting in violation off the Indiana Open Door Law, as amended from time to time, or violate the provisions of the Indiana Public Records Access Law, as amended from time to time.
(Ord. 896, passed 8-17-04; Am. Ord. 974, passed 10-3-06)