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For purposes of this chapter, the following definitions shall apply:
(a) "Anything of value" includes:
(1) Money, bank bills or notes, United States treasury notes, and other bills, bonds, or notes issued by lawful authority and intended to pass and circulate as money;
(2) Goods and chattels;
(3) Promissory notes, bills of exchange, orders, drafts, warrants, checks, or bonds given for the payment of money;
(4) Receipts given for the payment of money or other property,
(5) Rights in action;
(6) Things which savor of the realty and are, at the time they are taken, a part of the freehold, whether they are of the substance or produce thereof or affixed thereto, although there may be no interval between the severing and taking away;
(7) Any interest in realty, including fee simple and partial interests, present and future, contingent or vested interest, beneficial interests, leasehold interests, and any other interest in realty;
(8) Any promise of future employment;
(9) Every other thing of value.
(b) "Business associate" means a person with whom a public official or employee is conducting or undertaking a financial transaction.
(c) "Classified civil service employee" shall mean those employees of the Village so designated in the Charter of the Village of Highland Hills and applicable provisions of the Ohio Revised Code.
(d) "Conflict of interest" means that the private interests of an individual interfere with the public interests he is required to serve in the exercise of his authority and duties in his office or position of employment.
(e) "Family member" includes any spouse, children and children of a spouse, parents and parents of a spouse and their spouses, grandparents and grandparents of a spouse and their spouses, grandchildren and grandchildren of a spouse and their spouses, siblings and siblings of a spouse and their spouses and children.
(f) "His", "him" and "himself'' shall include both genders.
(g) "Interest" means a definite and particular benefit or detriment, direct or indirect, to anything of value.
(h) "Matter" includes any case, proceeding, application, determination, issue, or question, or the proposal, consideration, or enactment of statutes, rules, ordinances, resolutions, or charter or constitutional amendments.
(i) "Ministerial functions" means any activity that does not involve public policy making or the exercise of discretion, and includes clerical duties such as the receipt and acknowledgment of documents, including tax returns, applications for permits and licenses and other similar documents.
(j) "On duty" means that a public official or employee of the Village is scheduled to be at work or is working. The term "on duty" does not include time an individual is not actually performing duties under the direct supervision or direction of the Village or otherwise acting within the scope of his employment, any time an individual is on any break, lunch period, or is on standby to work, or while an individual is on any paid or unpaid leave.
(k) "Personal interest" means the direct or indirect interest of a natural person, partnership, corporation, or any other entity other than the Village of Highland Hills or an organization in which the Village is affiliated.
(l) "Political activity" means any partisan activity related to campaigns and elections involving primaries, partisan ballots or partisan candidates.
(m) "Public employee" means any person holding a nonelective position, by appointment or employment in the government of the Village of Highland Hills.
(n) "Public official or employee" means any person who is elected or appointed to an office or is an employee of the Village of Highland Hills whether paid or unpaid, full time or part-time, including members of boards, committees and commissions. "Public official or employee" does not include a person elected or appointed to the office of precinct, ward, or district committee member under Ohio R.C. 3517.03, any presidential elector, or any delegate to a national convention.
(o) "Represent" includes any formal or informal appearance before, or any written or oral communication with, any public agency on behalf of any person.
(Ord. 2014-11. Passed 6-11-14.)
Public officials and employees are agents of the public and hold their position for the benefit of the public. They are bound to uphold the Constitution ofthe United States, the Constitution of the State of Ohio, and the Charter ofthe Village ofHighland Hills, and to carry out impartially the laws of the nation, state and Village and thus foster respect of all government. They shall conduct their official duties and discharge their job responsibilities with integrity and in the public interest. (Ord. 2014-11. Passed 6-11-14.)
(a) No public official or employee shall use or authorize the use of the authority or influence of his office or employment to secure anything of value or the promise or offer of anything of value that is of such a character as to manifest a substantial and improper influence upon him with respect to his duties. (ORC 104.03(D))
(b) No public official or employee shall appoint or vote for the appointment of any of his family members or business associates to any Village office, position or employment.
(Ord. 2014-11. Passed 6-11-14.)
(a) Public officials and employees shall not:
(1) Use public facilities, equipment or supplies for personal purposes.
(2) Use on duty public employees to perform personal services or errands.
(3) Use official Village letterhead for personal correspondence or in personal business correspondence.
(4) Use their official Village title, including use on business cards or stationery, following termination of office or employment with the Village.
(b) Nothing herein shall prohibit the use of public facilities at rates and/or on terms as may be established for the public generally, nor shall it prohibit the personal use of Village equipment in accordance with Village policy.
(Ord. 2014-11. Passed 6-11-14.)
(a) No public official or employee shall solicit or accept from any person or entity doing business or seeking to do business with the Village, either directly or indirectly, any gift, loan, gratuity, discount, favor, service, promise or anything ofvalue that is of such a character as to manifest a substantial and improper influence upon him with respect to his duties. Items of nominal intrinsic value (e.g., key chains, ballpoint pens, etc.) are not considered "gifts" under this provision. Sample products offered by suppliers or others doing business, or seeking to do business, with the Village are not prohibited by this section provided that such products remain Village property.
(b) No public official or employee shall, in the course of his official duties, accept speaking or appearance fees, or travel expenses related thereto, from any person, business or organization which are in excess of the allowances granted to others speaking or appealing in a similar capa Village. (Ord. 2014-11. Passed 6-11-14.)
No present or former public official or employee shall disclose or use, without appropriate authorization, any information acquired by him in the course of his official duties that is confidential because of statutory provisions, or that has been clearly designated to him as confidential when that confidential designation is warranted because of the status of the proceedings or the circumstances under which the information was received and preserving its confidentiality is necessary to the proper conduct of government business.
(Ord. 2014-11. Passed 6-11-14.)
(a) No public official or employee shall participate within the scope of his duties as a public official or employee, except through ministerial functions, in any proceeding that affects, whether directly or indirectly, any personal interest of the official or employee, or of a family member of the official or employee, including but not limited to any business transaction, contract, license, rate making, property, or any other matter when said interest is of such a character as to manifest a substantial and improper influence upon him with respect to his duties.
(b) No public official or employee shall engage in or accept any employment or render service when such 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 those duties.
(c) No present or former public official or employee shall, during his public service or employment or for twelve months thereafter, represent a client or act in a representative capa Village for any person on any matter in which he personally participated as a public official employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or other substantial exercise of administrative discretion.
(Ord. 2014-11. Passed 6-11-14.)
(a) Any member of Village Council who believes he has an actual or potential conflict of interest, either personal or financial, in any legislative matter pending before Council, shall disclose on the record of Council at the earliest opportunity, but in any event before the matter is
voted upon, the nature and extent of such interest.
(b) Any member of Village Council who believes that another Council member has an actual or potential conflict of interest in any legislative matter pending before Council may request that said Council member disclose on the record of Council the nature and extent of such interest. Should the Council member refuse to disclose upon request, the member of Council alleging the conflict of interest may himself disclose the nature and extent of such interest, as he perceives it.
(c) Once the issue of conflict of interest relative to a Council member has been raised, and disclosure has been made, Council shall, on the floor of Council, review the facts as disclosed to determine whether or not a conflict of interest does exist. All conflict of interest questions shall be resolved prior to any consideration of the legislative matter concerned, and each member of Council, except for the Council member alleged to have the conflict, shall be entitled to vote. The determination of whether or not a conflict exists shall be made by a majority of those present and voting, and that detetmination shall become a matter of Council record.
(d) In the event that Council may require additional information not immediately available, or shall require confitmation of the information disclosed, Council may, by a majority of all Council members present, vote to table the legislative matter concerned until Council has had an opportunity to obtain said additional information or confirmation.
(e) If Council determines that a conflict of interest does exist, the Council member alleged to have the conflict shall himself decide whether or not to abstain from discussing, deliberating or voting on the legislative matter concerned, and his decision shall be final.
(f) If Council determines that a conflict of interest does not exist, the Council member may nevertheless abstain from discussing, deliberating or voting on the legislative matter concerned, provided he does not do so solely to avoid his duty to participate in an official action
of Council, and his decision shall be final.
(g) Any other public official or employee who believes he has an actual or potential conflict of interest, either personal or financial, in any legislative matter pending before Council, and who participates in discussion with or gives an official opinion or recommendation to Council, shall disclose on the record of Council the nature ant extent of such interest.
(Ord. 2014-11. Passed 6-11-14.)
(a) No public official or employee shall participate in any political activity which would be in conflict with the performance of his official duties for the Village.
(b) No public employee shall engage in any political activity while on duty.
(c) No public official use public equipment or supplies for political fundraising or campaigning to influence the outcome of an election, or for any other political purpose.
(d) No public official or employee shall use on duty public employees for political fundraising or campaigning to influence the outcome of an election, or for any other political purpose.
(e) No elected public official of the Village, or any candidate for elective office of the Village, or any person acting in his behalf or in behalf of any campaign committee of such official shall knowingly solicit, directly or inuireclly, orally or by letter, or be in any manner concerned in soliciting any assessment, subscription, or contribution for any political party or for any candidate for public office from any person in the classified civil service of the Village.
(f) No elected public official of the Village, or any candidate for elective office of the Village, or any person acting in his behalf or in behalf of any campaign committee of such official, shall knowingly receive any campaign contribution from any classified civil service employee of the Village, or any organization made up of employees in the classified civil service of the Village, which is in excess of fifty dollars ($50.00) in any calendar year.
(Ord. 2014-11. Passed 6-11-14.)
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