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(A) Definitions. For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
OFFICER. The Mayor and any member of the Board of Aldermen and any appointive member of a board, commission or committee established by ordinance, charter or state law.
(B) Standards of conduct. No Town officer shall knowingly:
(1) Use such officer's public position or office to obtain personal financial gain or anything of substantial value that might reasonably tend to influence such officer to act improperly while discharging his or her official duties;
(2) Take any official action substantially affecting a matter in which the officer, a family member, or an organization with which the officer is associated has a substantial financial interest, or use his or her office or position in a way that produces or assists in the production of a substantial benefit, direct or indirect, for the officer, a family member, or an organization with which the officer is affiliated;
(3) Participate in making or influencing any Town governmental decision or action in which the officer knows that he or she or any member of his or her family have any material financial interest distinguishable from that of the public generally or from that of other Town officers generally;
(4) Accept or solicit any promise of any benefit, direct or indirect, to the officer, family members, or his or her employer (in the case of an elected or appointed person) which the officer believes or should reasonably believe was intended to influence the officer's vote or other action taken in the officer's official capacity;
(5) Receive or use for personal purposes any property, services or funds of the Town of Collierville;
(6) Use for personal gain, or for the gain of any family member, information pertaining to the Town of Collierville, which is not a matter of common public knowledge;
(7) Accept other employment or engage in outside activities, which might impair the officer's independent judgment in the performance of his or her public duty;
(8) Fail or refuse to file in a timely manner all disclosure statements required to be filed under the provisions of this section;
(9) Accept any gift having a value of more than $25, or multiple gifts in any 12-month period having an aggregate value of more than $100, from a person or entity presently doing business with the Town or seeking approvals from the Town or a person or entity as to whom or which it might reasonably be anticipated would do business with the Town or seek approvals from the Town in the future, unless the recipient files, within ten days of receipt of the gift, a written statement with the Town Clerk identifying the gift and the donor; provided, however, on occasion, citizens make gifts to groups of officials in gratitude for service. Such gifts are not deemed to be of the nature that would impact or appear to impact discretion, as governed by Tenn. Code Ann. § 8-17-102, and may be accepted by such groups of officials so long as they are collectively shared. The receipt of any such gift shall be reported to the Town Administrator, who shall file, within ten days of receipt of any such gift, a written statement with the Town Clerk identifying the gift and the donor;
(10) Vote on a measure, during a meeting at which a vote takes place, without disclosing, before the vote, any personal interest, defined as any financial, ownership or employment interest in the subject of a vote, that affects or that would lead a reasonable person to infer that it affects the officer's vote on the measure. In addition, the officer may recuse himself or herself from voting on the measure;
(11) Exercise discretion relative to any matter that affects or that would lead a reasonable person to infer that it affects a personal interest, defined as any financial, ownership or employment interest in a matter to be regulated or supervised, without disclosing the personal interest before the exercise of the discretion, when possible, on a form provided by and filed with the Town Clerk. In addition, the official may, to the extent allowed by law, charter, ordinance, or policy, recuse himself or herself from the exercise of discretion in the matter.
(1) When a complaint of a violation of any provision of this section comes to the attention of the Mayor or any Alderman, such shall be reported to all of the members of the Board of Mayor and Aldermen; and the Board of Mayor and Aldermen shall either determine that the complaint has sufficient merit to warrant further investigation or determine that the complaint does not have merit. If the Board of Mayor and Aldermen determines that the complaint has sufficient merit to warrant further investigation, the Board of Mayor and Aldermen shall cause an appropriate investigation to be conducted or refer such matter to other appropriate authority.
(2) If an investigation reveals that further action should be taken, the Board of Mayor and Aldermen, after affording full due process rights, may, by a vote of no fewer than a majority of the entire Board of Mayor and Alderman (i.e. not fewer than four votes), issue a public censure of the offender, refer the matter to the Town Attorney for prosecution in the Town Court or refer the matter to other appropriate authority.
(Ord. 2007-03, passed 2-26-07)