The following shall constitute violations of this chapter.
(A) General prohibition against conflict of interest. In order to avoid impropriety, or an appearance of conflict of interest, no current public servant should be involved in any activity that might be seen as conflicting with the conduct of official city business or as adverse to the interests of the city. Even the appearance of the following prohibited conduct alone may be sufficient to constitute a violation of this ethics chapter.
(B) Disclosure of confidential information and/or benefitting from confidential information. No public servant shall disclose or use any confidential, privileged or proprietary information gained by reason of his or her position for a purpose which is for other than a city purpose; provided, that nothing shall prohibit the disclosure or use of information which is a matter of public knowledge, or which is available to the public on request. For purposes of this division, the term CONFIDENTIAL INFORMATION shall mean any information, oral or written, which comes to the attention of, or is available to, the public servants only because of his or her position with the city, and is not a matter of public record.
(C) Improper use of city personnel and property. No public servant shall employ or use any person under his or her official control or direction for the personal benefit, gain or profit of the public servant or other. No public servant shall use city-owned vehicles, equipment, materials, money or property for personal or private convenience or personal gain. Nothing herein shall prohibit the use of city equipment or motor vehicles by public servants in accordance with written policies established by the City Council, City Manager or city department head concerned, nor shall this chapter be deemed to prohibit private use of surplus city property legally disposed of by the city or its departments in compliance with established procedures.
(D) Beneficial interest in business transaction or participation in a contract. No public servant shall participate or benefit from (monetarily or personally) in his or her capacity as a public servant in the making of a contract in which he or she has a financial interest, direct or indirect, or perform in regard to a contract some function which requires the exercise of discretion on behalf of the city. No public servant shall participate in contracts, loans, grants, rate-fixing or issuing permits involving a business in which he or she has a substantial interest; however this provision shall not apply in the following circumstances:
(1) Contracting with the city where:
(a) The contract is awarded pursuant to sealed bids;
(b) The public servant is not involved directly or indirectly or otherwise refrains from participation in the decision on the award of the contract; and
(c) The City Council, after reviewing the circumstances, determines the award of the contract would be in the best interest of the city.
(2) Where the interest of the public servant in the business involves the holding of less than 1% of the securities in a publicly traded business or less than 5% of privately or closely held business and where the public servant will not have any involvement in the transaction on behalf of the contracting business.
(E) Engaging in certain private employment. No city employee or public servant shall engage in or accept private employment or render services for, any private interest when the employment or service is incompatible with the proper discharge of official duties or would tend to impair independence or judgment or action in the performance of official duties.
(F) Acceptance or solicitation of compensation, gifts, favors, rewards or gratuity. No public servant may, directly or indirectly, give or receive, or agree to give or receive, any compensation, gift, favor, reward, or gratuity for a matter connected with or related to the public servant’s services with the city which would tend to influence the manner in which the public servant performs his or her official duties, except this prohibition shall not apply to:
(1) Attendance of a public servant at a hosted meal when provided in conjunction with a meeting directly related to the conduct of city business or where official attendance by the city official as a city representative is required or in the best interest of the city;
(2) An award publicly presented in recognition of public service presented to the public servant; and
(3) Any gift valued at $100 or less, which cannot reasonably be presumed to influence the judgment of the public servant.
(G) Improper use of position. No public servant shall knowingly use his or her office or position to secure personal benefit, gain or profit, or use his or her position to secure special privileges or exceptions for himself, herself, or for the benefit, gain or profits of any other persons. No public servant shall represent his or her individual opinions as those of the city.
(Ord. 2008-11, passed 8-26-2008) Penalty, see § 39.999