(A) Preamble.
(1) Statement of purpose.
(a) The successful operation of a democratic government requires that employees observe the highest standards of morality and discharge faithfully their duties of office, recognizing that the public interest must be their primary concern. Their conduct in both their official and private affairs must be above reproach.
(b) The proper function of a municipal government requires employees to be impartial, accountable to its citizens and avoid conflicts of interest or use of position for personal gain. To ensure that the citizens of the Town of Collierville can have complete confidence in the integrity of Town government, each Town employee shall adhere to the Code of Ethical Conduct.
(2) Definitions. As used in this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. Any paid employee of the Town who is not a member of the Board of Mayor and Alderman.
SUPERVISOR. Any employee who has been granted, by the Town, authority to oversee the activities of other employees.
TOWN. The Town of Collierville.
(B) Types of conduct.
(1) Secondary employment.
(a) If an employee of the Town accepts secondary employment, while continuing to be an employee of the Town, such employee shall promptly notify his or her supervisor of the secondary employment.
(b) Employees will not be granted sick leave as a result of an injury or illness sustained during secondary employment.
(c) Town employees may not engage in secondary employment which interferes with proper and effective job performance as a Town employee, employment which could be considered a conflict of interest, or employment which may subject the Town to any form of public criticism or embarrassment.
(d) Town employees may not work for an outside employer whose interests may conflict with those of the Town.
(e) Town employees may not use their jobs with the Town to further their interests on the secondary job.
(f) Town employees may not work for, or invest in, business concerns with whom they must deal in the course of their employment with the Town.
(g) No employee shall engage in any business other than Town business during his or her working hours.
(h) Secondary employment also refers to
OUTSIDE EMPLOYMENT as described in Section 14.03 of the Personnel Rules and Regulations. Secondary employment also includes self-employment.
(2) Gifts.
(a) Town employees are prohibited from soliciting or accepting gifts in any form from any person who has or is seeking to obtain business from the Town or from any person whose interest may be affected by the employee's performance or non-performance of official duties. Nothing in this section shall prevent a Town employee from accepting a gift valued at less than $25 or multiple gifts in any 12- month period having an aggregate value of less than $100. If returning is impossible, the gift should be given to the Town Administrator's office for appropriate disposal thereof; provided, however, on occasion, citizens make gifts to groups of employees 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 employees so long as they are collectively shared. The head of the appropriate department shall file, within ten days of receipt of any such group gift, a written statement with the Town Clerk identifying the gift and the donor.
(b) Town employees shall not accept any fee or other consideration from any third party for work performed on behalf of the Town.
(3) Impartiality.
(a) Town employees may not 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, when possible, to his or her immediate supervisor. The immediate supervisor shall forward the disclosure to the designated ethics compliance officer with the Town Personnel Department who shall make such record as deemed appropriate.
(b) No Town employee may grant or make available to any person any consideration, treatment, advantage or favor beyond that which is the general practice to grant or make available to all citizens.
(c) Town employees must refrain from securing special privileges or exemptions for themselves or their relatives beyond those which would be available to all citizens.
(d) Town employees must not use privileged information for their own financial advantage or to provide friends and acquaintances with advantages or with information that could be used for financial advantage. Each employee is charged with the responsibility of ensuring that he or she releases only information that is available to the general public.
(4) Use of public property.
(a) No Town employee shall use or permit the use of any publicly-owned property, vehicle, equipment, service, tool, or supplies (new, surplus, scrap, or obsolete) or the labor of services of any Town employee for the personal convenience or advantage of the employee or any other person except in connection with the performance of Town services which are generally available to the public.
(b) If any employee determines that he or she has an outside interest that may be affected by Town plans or activities, or result in a conflict of interest, the employee shall immediately report the situation to his or her department head.
(5) Contracts with the Town. Except for publicly-recorded salary and benefits, no employee may receive any additional personal financial benefit (income, goods or service, or increase in equity or other value) from any transaction of the Town, including contracts for construction and transactions for the sale or purchase of goods, services or real estate, except those indirect and incidental public benefits and conveniences accruing to all citizens under similar circumstances.
(6) Policy or legislative matters before the Board of Mayor and Aldermen. Any employee who has a financial or other private interest in any matter before the Board of Mayor and Aldermen (BMA) requiring a decision and vote by the Board or who contributes to the preparation, presentation or discussion of an official report or recommendation to the Board affecting such financial or other private interest shall disclose at the appropriate public meeting, verbally or in writing, duly recorded in the minutes thereof, the nature and extent of such interest. This disclosure shall be made prior to any vote by the Board.
(C) Administration of the Code of Ethics. Where a question arises concerning the interpretation of any of the provisions of this Code of Ethical Conduct, the Town Administrator shall decide the question. The Town Administrator may, upon his or her discretion, refer questions to the Board of Mayor and Alderman for comment and advice.
(D) Penalties. Town employees who violate the Code of Ethics may be disciplined in a fashion that ranges from formal disciplinary reprimand to discharge from employment.
(Ord. 2007-03, passed 2-26-07)