CHAPTER 30: CODE OF ETHICS
Section
   30.01   Definitions
   30.02   Code established; purpose
   30.03   Violation of code
   30.04   Responsibilities of public office
   30.05   Conflict of interest
   30.06   Personal interest to be filed with clerk
   30.07   Disclosure of private interest
   30.08   Gifts and favors
   30.09   Disclosure of confidential information
   30.10   Improper use of official position
   30.11   Board of ethics, members
   30.12   Board to adopt rules and regulations
   30.13   Board to receive complaints, hold hearings
   30.14   Board to report findings; render advisory opinions
   30.15   Reserved
   30.16   Applicability of code
§ 30.01 DEFINITIONS.
   For the purpose of this chapter, unless otherwise specifically provided, the following words and phrases shall have the following meanings ascribed to them respectively.
   (A)   "APPEARS BEFORE." A person appears before a board commission, agency or department when such person addresses a board, commission, agency or department and if applicable publicly states his/her name and address for the record.
   (B)   "EMPLOYEES." All employees of the town and of all governmental bodies created under the provisions of the town charter, ordinances, or applicable statutes.
   (C)   "FINANCIAL INTEREST." Ownership of any interest as the result of which a person has received within the past calender year or is presently receiving or in the future is entitled to receive more than $1,000 per calendar year or ownership of, or interest in more than two (2%) percent of a business entity.
   (D)   "GIFT." A favor, hospitality or economic benefit other than compensation but which does not include campaign contributions reported as required by state law, gifts received from a relative if given on account of kinship, or any value received by will, intestate succession, or as a distribution from an inter vivos or testamentary trust if established by a spouse ancestor.
   (E)   "INCOME." Economic benefit received.
   (F)   "INTENTIONALLY." A person acts intentionally, or with intent, with respect to the nature of his/her conduct or to a result of his/her conduct when it is his/her conscious objective or desire to engage in the conduct or cause the result.
   (G)   "INTEREST." Having a share or concern in some project or affair, as being involved, as liable to be affected or prejudiced, as having self-interest, and as being the opposite of disinterest.
   (H)   "KNOWINGLY." A person acts knowingly, or with knowledge, with respect to the nature of his/her conduct or to circumstances surrounding his/her conduct when he/she is aware of the nature of such conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his/her conduct when he/she is aware that such conduct is reasonably certain to cause the result.
   (I)   "OFFICIALS." Elected and appointed officials, whether paid or unpaid, members of the legislative council and of all governmental bodies created under the provisions of the town charter, ordinances, or applicable statutes.
   (J)   "PARTICIPATING." The rendering of advice, or recommendation, investigation, approval, disapproval, or otherwise.
   (K)   "PERSON INTEREST." Either an interest in the subject matter or a relationship with the parties before a Board of Commission impairing the impartiality expected to characterize each member of such Board or Commission.
   (L)   "THIS CODE." The code of ethics for the town officials and employees.
(Adopted 3-3-69; Am. Ord. 233, adopted 8-6-84; Am. Ord. 552, passed 6-18-07)
§ 30.02 CODE ESTABLISHED; PURPOSE.
   (A)   There is established a code of ethics for all town officials and employees.
   (B)   The purpose of this code is to establish ethical standards for all officials and employees by prohibiting acts or actions incompatible with the best interests of the town and by directing disclosure by the officials and employees of private financial or other interests in matters affecting the town.
(Adopted 3-3-69; Am. Ord. 233, adopted 8-6-84; Am. Ord. 552, passed 6-18-07)
§ 30.03 VIOLATION OF CODE.
   Violation of this code or § 19-3 of the charter, may constitute a cause for suspension, removal from office or employments, or other disciplinary actions. The provisions and purpose of this code and the rules, regulations and standards as shall be established hereunder are declared to be in the best interests of the town.
(Adopted 3-3-69; Am. Ord. 233, adopted 8-6-84; Am. Ord. 552, passed 6-18-07)
§ 30.04 RESPONSIBILITIES OF PUBLIC OFFICE.
   Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the constitution of this state and to carry out impartially the laws of the nation, state and municipality and thus to foster respect for all government. Violation of any provisions of this code should raise conscientious questions for the councilman or other official or employees concerned as to whether voluntary resignation or other action is indicated to promote the best interests of the town.
(Adopted 3-3-69; Am. Ord. 233, adopted 8-6-84; Am. Ord. 552, passed 6-18-07)
§ 30.05 CONFLICT OF INTEREST.
   (A)   No official or employee shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties in the public interest, or would tend to impair his independence of judgment or action in the performance of his official duties.
   (B)   No official or employee shall engage in or accept private employment or render services for private interests when the employment or service is incompatible with the proper discharge of his official duties or would tend to impair his independence of judgment or action in the performance of his official duties.
   (C)   No paid official or employee shall:
      (1)   Appear in behalf of private interests before any governmental body of the town.
      (2)   Accept a retainer or compensation that is contingent upon a specific action by a governmental body.
      (3)   Represent private interests in any action or proceeding against the interests of the town in any litigation to which the town is a party.
   (D)   No member of the Zoning Commission or Board, Zoning Board of Appeals, Inland Wetlands Board or Commission or nay town agency exercising the powers of any zoning commission or board, zoning board of appeals or inland wetland board or commission shall participate on behalf of the town in any manner is such board member or commissioner has a financial or personal conflict of interest including but not limited to those conflicts set forth above in divisions (A) through (C) of this section.
   (E)   No member of the Zoning Commission or Board or Zoning Board of Appeals or nay town agency exercising the powers of any zoning commission or board or board of appeals, shall participate in the hearing or decision of the board or commission of which he or she a member upon any matter in which he or she is directly or indirectly interested in a personal or financial sense.
   (F)   No member of the Zoning Commission or Board or Zoning Board of Appeals, or any town agency exercising the powers of any zoning commission or board or zoning board of appeals, shall appear for or represent any person, firm, corporation or other entity in any matter pending before the Planning or Zoning Commission or Board or said Board of Appeals or any agency exercising the powers of any such commissioner board in the same town, whether or not he or she is a member of the board or commission hearing the matter.
   (G)   No member of the Inland Wetlands Board or Commission shall participate in the hearing or decision of such board or commission of which he or she is a member upon any matter in which he or she is directly or indirectly interested in a personal or financial sense.
   (H)   No member of any land use board or commission or board or commission having jurisdiction or exercising any power over any land use or purchasing decisions may appear before their agency in any matter in which they knowingly have a pecuniary interest or from representing anyone else before the agency.
(Adopted 3-3-69; Am. Ord. 233, adopted 8-6-84; Am. Ord. 552, passed 6-18-07)
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