(A) Conflict of interest—general.
(1) No official, appointee or employee of the village shall divulge to any unauthorized person, confidential information acquired in the course of employment or service as a village official in advance of the time prescribed for its authorized release to the public.
(2) No official, appointee or employee of the village shall represent his or her personal opinion as that of the village.
(3) Every official, appointee or employee of the village shall use personnel resources, property and funds under his or her official care and control solely in accordance with prescribed constitutional, statutory and regulatory procedures and not for personal gain or benefit.
(4) No official, appointee or employee of the village shall directly or indirectly, solicit or accept any gift or loan of money, goods, services or other thing of value for the benefit of any person or organization, other than the village, which tends to influence the manner in which the official, appointee or employee or any other official, appointee or employee performs his or her official duties. Gratuities do not include fees for speeches or published works on legislative subjects and, except in connection therewith reimbursement for expenses for actual expenditures for travel, and reasonable subsistence, for which no payment or reimbursement is made by the village, invitations to such events as ground breakings, grand openings, charitable or civic events, or inconsequential gifts from established friends.
(5) No official, appointee or employee of the village shall engage in a business transaction in which he or she may profit because of his or her official position or authority or benefit financially from confidential information which he or she has obtained or may obtain by reason of such position or authority.
(6) (a) No official, appointee or employee of the village shall engage in or accept employment or render services for any private or public interest when that employment or service is incompatible or in conflict with the discharge of his or her official duties or when that employment may tend to impair his or her independence of judgment or action in the performance of his or her official duties.
(b) This division (A)(6) shall not prohibit a part-time elected or appointed village official from engaging in private employment or business on his or her own time as a private citizen and where village business is not involved, subject to his or her disclosing such private employment or business on the public record for any matter on which he or she may be called upon to act in his or her official capacity, in accordance with all provisions below. He or she shall refrain from voting upon or otherwise participating in debate on any such matter.
(7) No official, appointee or employee of the village shall participate, as an agent or representative of the village, in the negotiation or execution of contracts, granting of subsidies, fixing of rates, issuance of permits or certificates, or other regulation or supervision, relating to any business entity in which he or she has, directly or indirectly, a financial or personal interest.
(8) No official, appointee or employee of the village shall use, or attempt to use, his or her official position to secure, request or grant unreasonably any special consideration, privilege, exemption, advantage, contract or preferential treatment for himself, herself, or others, beyond that which is available to every other citizen.
(9) Relatives by blood or marriage of any Councilmember, or the Village Manager, within the second degree of consanguinity or affinity, shall be disqualified from holding any appointive office, or from being employed by the village during the term of office of such Councilman or Village Manager, except and unless said relatives are bona fide appointive officers or employees of the village at the time of the election of such officer or appointment of such Village Manager. If the status of relationship between any employee of the village and any officer of the village changes to a relationship prohibited hereby after one year following the employment of such person or election or appointment of such officer, the provisions of this division (A)(9) shall not apply.
(10) It is recognized that various boards and councils are part of the plan of government for the village. As such, it is further recognized that by virtue of the various requirements for membership of the board, a member may be placed in the position of participating in a decision that may directly or indirectly affect his or her financial or personal interests. Therefore, those members of the various boards and council in the village, as they may be established from time to time, may participate in such decisions provided that they act:
(a) In furtherance of the public good;
(b) In compliance with the duties of their respective boards; and
(c) In a manner consistent with division (A)(8) above.
(11) Determination of conflict of interest. A conflict of interest exists if:
(a) The village official, appointee or employee has any financial or personal interest, beyond ownership of his or her place of residence, in the outcome of a matter currently before that village official, appointee or employee, or is associated as owner, member, partner, officer, employee, broker or stockholder in an enterprise that will be affected by the outcome of such matter, and such interest is or may be adverse to the public interest in the proper performance of said official’s, appointee’s or employee’s governmental duties; or
(b) The village official, appointee or employee has reason to believe or expect that he or she will derive a direct monetary gain or suffer a direct monetary loss, as the case may be, by reason of his or her official activity; or
(c) The public official has any other prohibited interest as defined by state statutes relating to conflicts of interest.
(12) Subsequent conflict of interest. No official, appointee or employee of the village shall acquire any financial interest in or accept any employment concerning any project which has been granted approval by the village or any council, board, department or employee thereof within one year of the official’s, appointee’s or employee’s participation in any manner in considering or recommending the approval or disapproval of said project.
(13) No Councilmember’s spouse or immediate family members may be appointed to any other board, committee, commission or employment with the Village of Lake Orion, except as permitted by Village Charter or ordinance.
(B) Full disclosure.
(1) Responsibility to disclose.
(a) It shall be the responsibility of the official, appointee or employee to disclose the full nature and extent of his or her direct or indirect financial or personal interest in a matter before him or her.
(b) No official, appointee or employee of the village shall participate, as an agent or representative of the village, in approving, disapproving, voting, abstaining from voting, recommending or otherwise acting upon any matter in which he or she has directly or indirectly a financial or personal interest. The official, appointee or employee shall, in such circumstances, recuse himself or herself from the matter before him or her.
(2) Disclosure of conflict of interest and disqualification.
(a) Any village official, appointee or employee who has a conflict of interest, as defined herein, in any matter before the village shall disclose such fact on the appropriate record of the village prior to discussion or action thereon and shall refrain from participating in any discussion, voting or action thereon, as follows, provided that such exceptions shall be observed as are permitted by law:
1. A Village Council shall disclose any conflict of interest and the nature and extent of such interest on the record of the Village Council;
2. A member of any village board, council or committee shall disclose any conflict of interest and the nature and extent of such interest on the records of said board, council or committee;
3. A village employee who has a financial or other interest in a matter before the Village Council or any village board, council or committee and who participates in discussion with, or gives an official opinion to the Village Council, or to such other village board, council or committee relating to such matter, shall disclose on the records of the Village Council or such other village board, council or committee, as the case may be, any conflict of interest and the nature and extent of such interest.
4. Otherwise, any appointed village official, appointee or employee shall address such a disclosure to the supervisory head of his or her department, and any elected village official shall address such a disclosure to the general public.
(b) If a village official, appointee, council or employee who has a conflict of interest, as defined herein, in any matter before the village, and who discloses that conflict on the appropriate records but who refuses to refrain from discussion, deliberation or voting thereon, the matter under consideration shall be immediately referred to the Board of Ethics for a final determination as to the conflict in question and whether the official, councilor or employee must refrain from discussion, deliberation, action or voting thereon.
(c) Within 20 days after election, employment, appointment, or the effective date of this subchapter, or any change in the facts set forth in the village official’s, appointee’s or employee’s previously filed disclosure statement, each village official, appointee and employee shall file with the Village Clerk an affidavit and disclosure statement. The Village Clerk shall provide each village official, appointee or employee with the required affidavit and disclosure statement form immediately upon his or her election, employment or appointment.
(d) The effective date for this subchapter shall be October 18, 2023.
(Ord. 24.10, passed 10-9-23)