(A) Policy. It is a policy of the city for proper operation of its Economic Development Program that requires any public officials and employees and any members who are part of this program be receptive to the confidential nature of the information that is being provided by businesses, and that the public have confidence in the integrity of its citizens that this information shall not be disclosed. In recognition of these goals, the following confidentiality ordinance for all of the city officials and the program administrator of the city's program is hereby adopted.
(B) Persons affected. All members of the Sherman County Economic Development Board, Loup City Council, the Loan Committee established under the Loan Program and the Citizens Advisory Review Committee, or any other employee of the city, the Economic Development Board or any Administrator of the LB 840 Program who are in possession of, or have access to, financial information must sign an agreement pledging that they will not release this information and that this information shall be kept confidential.
(C) Disclosure.
(1) In the event that anyone does disclose financial information or other information that is confidential, he or she shall be subject to disciplinary action if he or she is an employee of the city, or he or she shall be subject to removal from a board of the city if he or she is a member of a board, or shall be subject to removal by the Economic Development Board, if it is one of its committee members. City Councilmembers shall be subject to sanction.
(2) This section has four purposes:
(a) To encourage high ethical standards by the citizens, officials, boards, and employees;
(b) To establish a requirement for strict confidentiality in the conduct of all officials and employees;
(c) To prohibit disclosure by such officials and employees of any private financial or other confidential information provided to them by business applicants; and
(d) To serve as a basis for disciplining those who fail to abide by its terms.
(D) Standard of conduct.
(1) All city officials, employees, or any organization which has been contracted and may be provided confidential information shall sign a pledge of confidentiality.
(2) No city officials or employees shall disclose any confidential information either while they are an employee or even after their leave of employment. If there are any conflicts of interest by any city official or employee, appointee of the city, or the Program Administrator of the city's LB 840 Program, this conflict of interest shall be disclosed on the records of either the City Council or the minutes of the meeting of that body, and they shall refrain from participating in any discussion or voting thereon.
(3) No city officials or employees or anyone contracted with the city should willfully and knowingly use confidential information either for pecuniary gain or disclose to any other person confidential information acquired in the course of and by reason of their official duties.
(4) No former city official, employee or anyone who has been contracted with by the city to administer the LB 840 Program shall use any confidential information to which he or she has had access by virtue of his or her official capacity and which has not been made public concerning the property, operations or affairs of any public body that has disclosed information pursuant to the LB 840 Program.
(E) Disposition of alleged violations; hearings. Violations, complaints and alleged violations of this section shall be handled as follows:
(1) In the case of city employees, disciplinary action shall be maintained as provided in the city's personnel policies, as the same may from time to time be amended.
(2) In the case of city officials, employees or members of the SCEDB, upon the complaint of any person filed with the City Clerk's office or on its own initiative, the City Council shall consider possible violations of this section.
(a) A complaint alleging a violation of this section must be filed with the City Clerk within one year from the commission of the action alleged as a violation, and not afterward.
(b) Not later than five working days after the City Clerk receives a complaint, the City Clerk shall acknowledge the receipt of the complaint to the complainant, and provide a copy of the complaint to the city, the City Attorney, and the City Council and the person complained against. Not later than ten working days after receipt of a complaint, the City Council shall notify in writing the person who made the complaint and the person complained against of a date for a preliminary hearing.
(c) The City Council may consider possible violations of this section on its own initiative. Within five working days of the City Council's decision to consider a possible violation of this section, the City Council shall draft a written complaint specifying the section(s) of this section alleged to have been violated and shall file a copy with the City Clerk, and provide a copy to the City Attorney and the person complained against. Not later than ten working days after the filing of the complaint with the City Clerk, the City Council shall notify in writing the person complained against of the date for the preliminary hearing.
(d) The hearing before the City Council may be either in public or in private. All hearings shall be in public, unless the person complained against shall notify the City Clerk in writing of his or her desire to have a private hearing at least 72 hours prior to the time set for the hearing.
(F) Preliminary hearing.
(1) The issue at a preliminary hearing shall be the existence of reasonable grounds to believe that a violation of this section has occurred. The person filing a complaint, or the legal counsel for the City Council in cases considered upon the City Council's own initiative, shall state the alleged violation and shall describe in narrative from the testimony and other evidence which would be presented to prove the alleged violation as stated in the written complaint. Statements at a preliminary hearing shall be under oath, but there shall be no cross-examination or requests for persons or evidence issued for the hearing. Members of the City Council may question the complainant, legal counsel for the City Council, or the city official named in the complaint.
(2) The city official, employee or member of the SCEDB named in the complaint shall have the opportunity to respond, but is not required to attend or make any statement. The official may describe in narrative form the testimony and other evidence which would be presented to disprove the alleged violation. If the official agrees that a violation has occurred, he or she may so state and the City Council may consider the appropriate sanction or prosecution.
(3) The complainant and the city official named in the complaint shall have the right of representation by counsel.
(4) At the conclusion of the preliminary hearing, the City Council shall decide whether a final hearing should be held.
(a) If the City Council determines that there are reasonable grounds to believe that a violation of this chapter has occurred, it shall schedule a final hearing.
(b) If the City Council does not determine that there are reasonable grounds to believe that a violation of this section has occurred, the complaint shall be automatically dismissed.
(c) A decision to conduct a final hearing is not a finding that a violation has occurred.
(5) The City Council, at any time during the preliminary hearing, may also dismiss a complaint if the complaint does not allege conduct which would be a violation of this chapter. Before a complaint is dismissed for failure to allege a violation, the complainant or the legal counsel for the City Council shall be permitted one opportunity, within a period to be specified by the City Council, to revise and resubmit the complaint.
(6) The complainant, legal counsel for the City Council, and the city official named in the complaint may ask the City Council at a preliminary hearing to request certain persons and evidence for a final hearing, if one is scheduled pursuant to the City Council's subpoena power granted.
(G) Final hearing.
(1) The final hearing shall be held as expeditiously as possible following the determination by the City Council that there are reasonable grounds to believe that a violation of this section has occurred, but in no event shall it be held more than 30 days after the determination. The City Council may grant one postponement, not to exceed 15 days each, upon the request of the city official named in the complaint or the complainant.
(2) The issue at a final hearing shall be whether a violation of this section has occurred. The City Council shall make its determination based on the preponderance of the credible evidence in the record. All witnesses shall make their statements under oath. If the City Council determines that a violation has occurred, it shall state its findings in writing, shall identify the particular section(s) of this section which have been violated, and within five working days shall deliver a copy of the findings to the complainant, if any, the person named in the complaint, and the City Clerk. The findings shall constitute a public record for the purpose of access by the public.
(H) Violations. Those found to have violated this section shall be subject to fines, penalties, possible removal from committee positions, censure and other legal remedies.
(Ord. 619, passed 1-8-2008) Penalty, see § 10.99