(A) The Board of Ethics shall weigh a variety of factors in considering whether unethical conduct may have occurred with respect to a transaction or set of facts in which a public official was involved, including all relevant facts and circumstances and whether a city official engaged in conduct prohibited under this section.
(B) No city official shall:
(1) Threaten or intimidate a member of a city board or commission, or a city employee for the purpose of influencing the decision of the member or employee.
(2) Use of official city time or the official city time of a subordinate for personal business or personal use.
(3) Use of any city time or property for their own political benefit or for the political benefit of any other person seeking elective office; however, they may use property or facilities available to the general public on an equal basis.
(4) Engage in political activity which interferes with the performance of their usual duties.
(5) Promote themselves, their personal business, or any other business, verbally, wearing of clothing, and/or promoting signage, while acting as a city official, in which they could derive a personal benefit.
(6) Devote any city property or labor to their own personal use.
(7) Engage in or accept employment or render services for a private or public interest when that employment or service is incompatible or in conflict with the discharge of the official's official duties or when that employment may tend to impair their independence of judgment or action in the performance of official duties.
(8) Use or attempt to use their official position to unreasonably secure, request, or grant, any privileges, exemptions, advantages, contracts, or preferential treatment for themselves or others. The bestowing of any special favor as part of their position that has a lasting benefit to those who reside in or do business with the city, except in situations that would be extended to any person.
(9) Be directly or indirectly involved in any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a contract, subcontract, or order.
(10) Solicit or accept directly or indirectly any gift that is intended to influence or might reasonably be expected to influence a decision, nor shall any city official accept gifts on such a frequent basis that a reasonable person would believe that the city official was using public office for private gain.
(11) Engage in disinformation.
(12) The intentional incitement of others against a potential decision or a final government decision. As a member of a board, once a board makes a final decision, members shall not incite others against the decision.
(13) Found guilty of a misdemeanor or felony.
(14) Violate the City Council approved Social Media Policy.
(15) Take part in misconduct in office including malfeasance (doing a wrongful act); misfeasance (doing of a lawful act in a wrongful manner); and/or nonfeasance (failure to perform an act required by the duties of the office).
(16) Violate the Contracts of Public Servants with Public Entities Act, M.C.L.A. 15.324 et seq.
(C) Notwithstanding the above divisions (A) and (B), except as otherwise provided by law or ordinance, the grant or receipt of the following does not constitute unethical conduct:
(1) An opportunity, benefit, or service available to others on similar conditions.
(2) A good or service in exchange for fair market value, whether in cash or in kind, as reasonably and in good faith determined at the time of the transaction.
(3) A contract or other award based on a competitive process, including a City of Garden City bid, consortium bid, an approved sole source provider, or other similar means intended to ensure competitive pricing.
(4) A contribution made in compliance with the campaign finance laws of the State of Michigan.
(5) Any act, omission, contribution, or disposition authorized by Charter, ordinance, or law.
(6) The giving of advice or the seeking of information as required during the city official's regular duties.
(7) Communications from city officials that are received by a board or commission in the ordinary course of business.
(8) The grant or receipt of an inheritance, transfer on death, or goods or services from a family member, or under circumstances that do not involve the unreasonable use or attempted use of position of public office or public trust for personal benefit.
(9) Any transaction or occurrence the material terms of which are fair and reasonable under the circumstances.
(10) Any action involving constitutional free speech or political speech, that does not conflict with division (B)(13) of this section.
(Ord. 24-003, passed 5-20-24)