Loading...
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“BOARD.” The City Council and any city administrative board (e.g., Planning Board, Zoning of Board of Appeals), commission or body comprised of two or more elected officials or employees.
“CODE.” This code of ethics.
“ELECTED OFFICIAL OR EMPLOYEE.” A paid or unpaid officer or employee of the city, including but not limited to, the members of any municipal board.
“INTEREST.” A direct or indirect financial or material benefit, but does not include any benefit arising from the provision or receipt of any services generally available to the residents or taxpayers of the city or an area of the city, or a lawful class of those residents or taxpayers. An elected official or employee is deemed to have an “INTEREST” in any private organization when he or she, his or her spouse, or a member of his or her household, is an owner, partner, member, director, officer, employee, or directly or indirectly owns or controls more than 25% of the organization’s outstanding stock.
“MUNICIPALITY.” The City of Madison, Indiana. The word “MUNICIPAL” refers to the City of Madison, Indiana.
“RELATIVE.” A spouse, parent, stepparent, sibling, step-sibling, sibling’s spouse, child, stepchild, uncle, aunt, nephew, niece, first cousin, or household member of an elected official or employee, and individuals having any of these relationships to the spouse of the officer or employee.
(Ord. 2016-7, passed 5-16-16)
This code of ethics applies to the elected officials and employees of the city. The provisions of this code of ethics shall apply in addition to all applicable state and local laws relating to conflicts of interest and ethics, and all rules, regulations, policies and procedures of the city.
(Ord. 2016-7, passed 5-16-16)
(A) The City Council shall establish a Board of Ethics for the city. The Board of Ethics shall consist of three members, a majority of whom shall not be officers or employees of the city, but at least one of whom must be an elected official or employee of the city. The members of the Board of Ethics shall be appointed by the Mayor and approved by the Common Council to serve at the pleasure of the City Council, and to receive no salary or compensation for their services as members of the Board of Ethics.
(B) The Board of Ethics shall render advisory opinions to the officers and employees of the city with respect to this code. Such advisory opinions must be rendered pursuant to the written request of any such officer or employee under such rules and regulations as the Board of Ethics may prescribe. The Board of Ethics shall have the advice of legal counsel by the city’s legal counsel. The Board of Ethics may make recommendations with respect to the amendments to the code of ethics upon the request of the City Council.
(Ord. 2016-7, passed 5-16-16)
An elected official or employee shall not use his or her municipal position or official powers and duties to secure a financial or material benefit for himself or herself, a relative, or any private organization in which he or she is deemed to have an interest.
(Ord. 2016-7, passed 5-16-16)
(A) An elected official or employee may not participate in any decision or vote if the elected official or employee has knowledge that any of the following has a financial interest in the outcome of the matter:
(1) The elected official or employee.
(2) A member of the immediate family of the elected official or employee.
(3) A business organization in which the elected official or employee is serving as an officer, a director, a trustee, a partner or an employee.
(4) Any person or organization with whom the elected official or employee is negotiating or has an arrangement concerning prospective employment.
(B) The elected official or employee shall disclose any such conflicts when the matter requiring disclosure first comes before the elected official or employee, or when the elected official or employee first acquires knowledge of the interest requiring disclosure, whichever is earlier.
(C) In the case of a person serving in an elective office, the disclosure shall be filed with the City Clerk-Treasurer. In all other cases, the disclosure shall be filed with the person’s supervisor or, if the person does not have a supervisor, the disclosure shall be filed with the elected official, employee or board having the power to appoint to the person’s position. In addition, in the case of a person serving on a municipal board, a copy of the disclosure shall be filed with the board. Any disclosure made to a board shall be made publicly at a meeting of the board and must be included in the minutes of the meeting.
(D) In the event that this section prohibits an elected official or employee from exercising or performing a power or duty:
(1) If the power or duty is vested in an elected official as a member of a board, then the power or duty shall be exercised or performed by the other members of the board; or
(2) If the power or duty that is vested in an elected official individually, then the power or duty shall be exercised or performed by his or her deputy or, if the officer does not have a deputy, the power or duty shall be performed by another person to whom the officer may lawfully delegate the function.
(3) If the power or duty is vested in a municipal employee, he or she must refer the matter to his or her immediate supervisor, and the immediate supervisor shall designate another person to exercise or perform the power or duty.
(Ord. 2016-7, passed 5-16-16)
(1) Adoption of the city’s annual budget;
(2) Any matter requiring the exercise of discretion that directly affects any of the following groups of people or a lawful class of such groups:
(a) All elected officials or employees;
(b) All residents or taxpayers of the city or an area of the city; or
(c) The general public; or
(3) Any matter that does not require the exercise of discretion.
(B) Recusal and abstention shall not be required with respect to any matter:
(1) That comes before a board when a majority of the board’s total membership would otherwise be prohibited from acting by § 36.06 of this code;
(2) That comes before an elected official when the officer would be prohibited from acting by § 36.06 of this code, and the matter cannot be lawfully delegated to another person.
(Ord. 2016-7, passed 5-16-16)
Loading...