ARTICLE XIII: GENERAL PROVISIONS
The following rules shall govern the conduct of city officers in their dealing with the city:
(A) Anti-nepotism. Unless the Council shall by 5/7 vote, which shall be recorded as part of its official proceedings, determine that the best interests of the city shall be served and the party considered by such a vote has met the requirements for appointive office or employment specified in this Charter, the following relatives of any elective or appointive officer are disqualified from holding any appointive office or employment during the term for which said elective or appointive officer was elected or appointed; spouse, child, parent, grandchild, grandparent, brother, sister, half-brother, half-sister, or the spouse of any of them. All relationships shall include those arising from adoption. This section shall in no way disqualify such relatives or their spouses who are bona fide appointive officers or employees of the city at the time of the election or appointment of said official.
(B) General conflict of interest. Members of the Council or of any board or commission of the city, or any city administrative official or employee, shall refrain from voting or otherwise participating in any issue or matter, including any contract with the city or the sale of any land, material, supplies and services to the city, in which he or a member of his family, or a corporation in which he or a member of his family is a stockholder, shall have a proprietary or financial interest, direct or indirect, or as the result of which he or a member of his family may receive or gain a financial benefit, direct or indirect. In addition, such interest or possible benefit shall be made known in timely fashion by the city official or employee involved. Willful concealment of such a proprietary or financial interest or possible benefit, or violation of other requirements of this section, shall constitute malfeasance in office or position and constitute grounds for forfeiture of such office or position. Violation of this section with the knowledge expressed or implied of the person or corporation contracting with or making a sale to the city shall render such contract or sale voidable by the City Council or City Manager.
(A) Activities prohibited.
(1) No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, sex, political or religious opinions, or affiliations.
(2) No person shall willfully make any false statement, certificate, mark, rating, or report in regard to any test, certification, or appointment under the personnel provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules, and regulations.
(3) No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly or indirectly give, render, or pay any money, service, or other valuable thing to any person for or in connection with his test, appointment, proposed appointment, promotion, or proposed promotion.
(4) No person holding elective office under this Charter, nor any candidate for such elective office, shall in any way, directly or indirectly, solicit or receive any assessment, subscription, or contribution for any purpose whatever from any person holding any compensated appointive city position.
(5) No person holding any compensated appointive city position under this Charter shall make any contribution whatever, directly or indirectly, to any person holding elective office in the city or to any person who is a candidate for such elective office. No person holding any compensated appointive city position under this Charter shall solicit or receive any contribution for, or aid in any political campaign on behalf of, any person holding elective office under this Charter or any candidate for such elective office. This shall not prevent any person holding any compensated appointive city position from fully exercising his rights as a citizen to express his opinions and cast his vote.
(B) Penalties. Any person who by himself or with others willfully violates any of the provisions of paragraphs (1) through (4) of subsection (A) shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500 or by imprisonment for not more than 90 days or both. Any person who by himself or with others willfully violates any of the provisions of paragraph (5) of subsection (A) shall be guilty of an offense and upon conviction thereof shall be punishable by a fine of not more than $500. Any person convicted under this section shall be ineligible for a period of five years thereafter to hold any city office or position and, if an officer or employee of the city, shall immediately forfeit his office or position.
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