1.3.112: LOBBYING ACTIVITIES:

Any covered person who performs lobbying services for the City, and any paid lobbyist who acts on behalf of the City shall abide by all applicable State and Federal laws. (Ord. 11-18; Ord. 16-122)

1.3.113: CONFLICTS OF INTEREST/CONFIDENTIAL INFORMATION:

Covered persons are prohibited from engaging in any behavior that constitutes a conflict of interest as set forth in this section.

   A.   No covered person shall knowingly use any confidential information gained in his or her official capacity with the City or allow the use of any such confidential information to further the financial or personal interest of the covered person or to further the financial or personal interest of an immediate family member of the covered person.

   B.   No covered person shall disclose confidential information gained in his or her official capacity with the City to persons not authorized to receive the confidential information, except as required or permitted by law.

   C.   No covered person shall knowingly make unauthorized commitments or promises of any kind purporting to bind the City.

   D.   No covered person in his or her official capacity with the City shall endorse any private organization or individual or request or grant to any private organization or individual any special consideration, treatment, or advantage beyond that which would be made available to every other private organization or individual in similar circumstances. This subsection D shall not apply to endorsements by elected officials of a person running for office, concerning the retention of a person who is the subject of a recall election, or concerning an election issue.

   E.   No covered person shall directly or indirectly participate in any matter involving the City where the covered person or an immediate family member of the covered person has a substantial interest. This subsection E shall not apply to City election judges or election watchers.

   F.   No covered person shall engage in activities that conflict with his or her official duties and responsibilities or his or her fiduciary duty to the City.

   G.   No covered person shall misappropriate services or other resources of the City for personal benefit. (Ord. 11-18; Ord. 16-122)

1.3.114: CONFLICTS OF INTEREST - APPEARANCE OF IMPROPRIETY:

An appearance of impropriety is created when a covered person will or may take a direct official action that, although not constituting a conflict of interest, will or may create a reasonable perception that the covered person's ability to carry out his or her official duties with integrity, impartiality, and competency is impaired.

A covered person who determines that his or her action(s) may cause an appearance of impropriety should consider (but is not required to) disclosing and recusing or disclosing and declaring impartiality as prescribed by the voluntary provisions of section 1.3.115 of this article. (Ord. 16-122)

1.3.115: CONFLICTS OF INTEREST - DISCLOSURE AND RECUSAL/DISCLOSURE AND DECLARATION:

   A.   Mandatory Disclosure And Recusal: A covered person with a prohibited conflict of interest shall:

      1.   Disclose the prohibited interest in writing to the proper authority or orally at an appropriate public meeting; and

      2.   Recuse himself or herself from participating in the matter by:

         a.   Refraining from voting on or taking any direct official action concerning the matter;

         b.   Refraining from communicating with or attempting to influence any covered person with authority to take direct official action regarding the matter which includes, but is not limited to, commenting on the matter through public or private statements, emails, blogs, tweets, or other social media; and

         c.   Physically leaving any room or premises at which the matter is being discussed or considered.

   B.   Voluntary Disclosure And Recusal: A covered person with an appearance of impropriety may (but is not required to):

      1.   Disclose the appearance of impropriety in writing to the proper authority or orally at an appropriate public meeting; and

      2.   Recuse himself or herself from participating in the matter by:

         a.   Refraining from voting on or taking any direct official action concerning the matter;

         b.   Refraining from communicating with or attempting to influence any covered person with authority to take direct official action regarding the matter which includes, but is not limited to, commenting on the matter through public or private statements, emails, blogs, tweets, or other social media; and

         c.   Physically leaving any room or premises at which the matter is being discussed or considered.

OR

      3.   Declare in writing to the proper authority, or orally at an appropriate public meeting, that the appearance of impropriety will not impact the covered person's ability to participate in the matter fairly and impartially. (Ord. 16-122)

1.3.116: CONFLICTS OF INTEREST - EXCEPTION:

It shall not be a conflict of interest for a covered person to take direct official action on the annual City budget or annual appropriations ordinance, or Utilities annual budget or annual appropriations ordinance, even if the person or an immediate family member would receive benefit thereunder. (Ord. 16-122)

1.3.117: ETHICS EDUCATION:

Ethics education using this Code of Ethics shall be given annually to every covered person. The current gift limit set forth in subsection 1.3.111B2 of this article shall be included in the annual ethics training. (Ord. 11-18; Ord. 16-122)

1.3.118: FURTHER ETHICS RULES AND REGULATIONS:

Nothing in this Code of Ethics shall prohibit the Mayor, City Attorney, City Auditor, City Clerk, Utilities Chief Executive Officer, or Presiding Judge of the Municipal Court from enacting further ethics rules and regulations pertaining to those who report to them that may be as strict or more strict than this Code of Ethics. (Ord. 11-18; Ord. 15-62; Ord. 16-122)