107.04 ETHICAL CONSIDERATIONS.
   (a)   Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of the City and not for any private or personal interest. They will assure fair and equal treatment of all persons, claims and transactions coming before the Council or the City's boards and commissions.
 
   (b)   Comply with the Law. Members shall comply with all Federal, State and local laws in the performance of their public duties. These laws include, but are not limited to: the United States and Ohio constitutions; the City of Chardon Charter; the Ohio Ethics Law and all other laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities; Ohio's Public Records Act and Sunshine Law; and City ordinances and policies.
 
   (c)   Conduct of Members. The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, boards and commissions, the staff or public.
 
   (d)   Respect for Process. Members shall perform their duties in accordance with the procedures and rules of order established by the City Council and boards and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by municipal staff.
 
   (e)   Conduct of Public Meetings. Members shall be thoroughly prepared before each meeting to consider all legislation and discuss all public issues on the agenda; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; avoid personal comments not germane to the business of the body; or otherwise interfere with the orderly conduct of meetings.
 
   (f)   Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
 
   (g)   Communication. Members shall publicly share substantive information that is relevant to a matter under consideration by the Council or boards and commissions, which they may have received from sources outside of the public decision-making process.
 
   (h)   Conflict of Interest.  
      (1)   In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest.
      (2)   In accordance with Ohio's financial disclosure law, members shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision-making where a conflict may exist.
 
   (i)   Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office, that are not available to the public in general. They shall refrain from accepting anything of value, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.
 
   (j)   Confidential Information. Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.
 
   (k)   Use of Public Resources. Members shall not use public resources not available to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
 
   (l)   Representation of Private Interests. In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any board, commission, or proceeding of the City, nor shall members of board and commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.
 
   (m)   Advocacy. Members shall represent the official policies or positions of the Council, board or commissions to the best of their ability when designated as a representative of the City for this purpose. When presenting individual opinions and positions, members shall explicitly state they do not represent the Council, board or commission or the City, nor shall they allow the inference that they do.
 
   (n)   Policy Role of Members.
      (1)   Members shall respect and adhere to the Council-Manager structure of City government as set forth in the Charter. Under this form of government, the Council determines the policies of the City after considering the advice, information and analysis provided by the public, boards and commissions, and municipal staff.
      (2)   Except as provided by the Charter, members of Council shall not interfere with the administrative functions of the City or the professional duties of municipal staff; nor shall they impair or impede the ability of municipal staff to implement Council's decisions or ordinances and resolutions which it has passed.
 
   (o)   Independence of Boards and Commissions. Because of the value of the independent advice of boards and commissions to the public decision-making process, members of Council shall refrain from using their positions to unduly influence the deliberations or outcomes of board and commission proceedings.
 
   (p)   Positive Work Place Environment. Members shall support the maintenance of a positive, efficient and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealing with municipal employees and act in a manner which does not create the perception of inappropriate direction to staff.
 
   (q)   Implementation.
      (1)   As an expression of the standards of conduct for members expected by the City, the Standards of Ethical Conduct are intended to be self-enforcing. It is most effective when members are thoroughly familiar with it and embrace its provisions.
      (2)   For this reason, ethical standards shall be included in the regular orientations for candidates for City Council, applicants to boards or commissions, and newly elected and appointed officials. Members entering office shall sign a statement affirming they read and understood the City's General Standards of Ethical Conduct. In addition, the Standards shall be periodically reviewed by the Council, boards and commissions. The Council shall consider recommendations from boards and commissions and update as necessary.
 
   (r)   Compliance and Enforcement.
      (1)   The General Standards of Ethical Conduct establishes a minimum benchmark of ethical conduct expected for members of the Council, boards and commissions. Members themselves have the primary responsibility to assure that ethical standards are understood and met so that the public continues to have full confidence in the integrity of local government.
      (2)   The chairs of boards and commissions and the Mayor have the additional responsibility to intervene when actions of members that appear to be in violation of the Standards are brought to their attention.
      (3)   The Council may impose sanctions on members whose conduct does not comply with the City's ethical considerations, such as reprimand, formal censure, or loss of committee assignments. Under the Charter, the Council also may remove members of boards and commissions from office.
      (4)   A violation of this code of ethics shall not be considered a basis for challenging the validity of legislation authorized by Council or a Council board or commission decision.
         (Ord. 2419. Passed 9-13-07.)