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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)
(A) Elected official or employee may not acquire the following investments:
(1) Investments that can be reasonably expected to require frequent recusal and abstention under § 36.06 of this code; or
(2) Investments that would otherwise impair the person’s independence of judgment in the exercise or performance of his or her official powers and duties.
(B) This section does not prohibit an elected official or employee from acquiring any other investments or the following assets:
(1) Real property located within the city;
(2) Less than 10% of the stock of a publicly traded corporation; or
(3) Bonds or notes issued by the city and acquired more than one year after the date on which the bonds or notes were originally issued.
(Ord. 2016-7, passed 5-16-16)
An elected official or employee, during a term in office or a term of employment, may not engage in any private employment, when that employment:
(A) Can be reasonably expected to require frequent recusal and abstention pursuant to § 36.06 of this code;
(B) Can be reasonably expected to require disclosure or use of confidential information gained by reason of serving as an elected official or employee; or
(C) Requires representation of a person or organization other than the city in connection with litigation, negotiations or any other matter to which the city is a party.
(Ord. 2016-7, passed 5-16-16)
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