(A) Purpose.
(1) It is imperative that all persons acting in the public service not only maintain the highest possible standards of ethical conduct in the transaction of public business, but that those standards be clearly defined and known to the public as well as the person acting in public service.
(2) The proper operation of democratic government requires that elected officials be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels of the government structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a code of ethics for all elected officials whether elected or appointed. The purpose of the code of ethics is to establish ethical standards of conduct for all elected officials by setting forth those types of activities that are incompatible with the best interests of the city.
(B) Responsibilities of public office. Elected officials 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 the state and to carry out impartially the laws of the nation, state and the municipality and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their offices.
(C) Dedicated service.
(1) All officials of the city shall be dedicated to fulfilling their responsibilities of office described herein. They shall be dedicated to the public purpose and all programs developed by them shall be in the community interest.
(2) Elected officials shall not exceed their authority or breach the law or ask others to do so and they shall work in full cooperation with other public officials unless prohibited from so doing by law or by officially recognized confidentiality of their work.
(D) Avoidance of conflict of interest and appearance of impropriety. No person covered by this code of ethics shall use his or her office or position or otherwise act in any manner which would give the appearance of or result in any impropriety or conflict of interest.
(E) Scope. The provisions of this code of ethics shall be applicable to the members of the City Council.
(F) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONFLICT OF INTEREST. Any treatment by an official, of a matter in which the official has an interest, whether the interest does or does not result in a direct or indirect benefit to the official.
DIRECT SUBSIDY. Any and only direct financial support by the city, any grant or gift by the city, any taxation benefits granted by the city including tax increment financing or forgiveness of taxes, special assessments, interest or penalties.
INTEREST. Having a personal or financial relationship to a matter, including, but not limited to, association in any capacity, other than as a customer, with a person, partnership, firm or corporation or other entity doing business with the city.
MATTER. Anything upon which an elected official of the city, individually or in concert with other elected officials, is empowered to act.
OFFICIAL or ELECTED OFFICIAL. Any person who has been elected to the City Council and is authorized to vote or take other official action.
(G) Prohibited conduct.
(1) No person covered by this code of ethics may use public funds, public work time, personnel, facilities or equipment for private gain or for political campaign activities unless that use is authorized or required by law.
(2) No person covered by this code of ethics shall request or permit the use of city owned vehicles, equipment, machinery or property for personal convenience or profit, except when those services are available to the public generally or are provided as municipal policy for the use of those persons in the conduct of official business.
(3) No person covered by this code of ethics shall directly or indirectly solicit, accept or receive any compensation, gift, reward or gratuity with a fair market value of $50 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, promise or any other form in connection with any matter or proceeding connected with or related to the duties of his or her office, except as may otherwise be provided by law.
(4) No person covered by this code of ethics who is not seeking re-election or otherwise intends to leave his or her elected office, shall seek reimbursement for travel and transportation expenses from the city regardless of whether the expenses are directly or indirectly related to official city business. Failure to comply with appropriate deadlines for election filings or failure to win re-election, shall create a rebuttable presumption that a person is not seeking re-election or otherwise intends to leave his or her elected office.
(5) No person covered by this code of ethics, within one year of his or her service on the City Council, shall knowingly serve as an employee, consultant or owner of any business, firm or organization which business, firm or organization has been directly subsidized by the city unless the former City Council member did not participate personally or substantially as an elected official in any decisions, approvals, disapprovals, recommendations, investigation or otherwise, while serving on the City Council.
(6) No person covered by this code of ethics, within one year of his or her service as a Council member, shall contract to provide goods or services to the city. This prohibition shall extend to any business, firm or organization in which the former Council member holds at least a 50% ownership interest. This prohibition shall not extend, however, to any contract competitively bid pursuant to M.S. § 471.345(1) through 471.345(3), 1988 edition, as they may be amended from time to time, or its successor statute and further shall not apply to any contract which the city, by its actions, mandates will be subject to the provisions of M.S. § 471.345, as it may be amended from time to time.
(H) Violations.
(1) Upon the written complaint of any person alleging violation of division (G) above, the City Council may hold a hearing at which hearing the person who is alleged to have violated division (G) above shall have the opportunity to respond to the allegations. If, after hearing and after stating on the record the reasons for action, the City Council may take any lawful action it deems appropriate, including but not limited to, referring the matter for criminal prosecution. No City Council member alleged to have violated division (G) above shall participate in the deliberation or voting of the City Council.
(2) Any person who shall violate the provisions of division (G) above shall be guilty of a misdemeanor. Only violations of division (G) above shall be considered misdemeanors.
(2004 Code, § 30.34) (Ord. 89-15, passed 1-23-1990) Penalty, see § 10.99