(A) No city officer or advisory board member, or their spouses shall knowingly:
(1) Accept or solicit any gift, favor, service or thing of value from any person, group or business entity that might reasonably tend to influence him or herein the discharge of his or her official duties. This prohibition shall not apply to:
(a) An occasional non-pecuniary gift, insignificant in value;
(b) An award publicly presented in recognition of public service; or
(c) Any gift which would have been offered or given to him or her if he or she were not a city officer or advisory board member, or their spouses.
(2) Grant in the discharge of his or her official duties any improper favor, service or thing of value to any person, group or business entity.
(3) Solicit or accept, from any source, any compensation, gift, favor, service, economic benefit, or thing of value, including a promise of future employment, that might reasonably tend to influence him or her, in the discharge of his or her official duties, in consideration of any person subject hereto of exercising or having exercised any official power or performing or having performed any official duty on behalf of the city, from any person group or business entity:
(a) Who is licensed or has a substantial interest in any business entity that is licensed by any city department, agency, commission or board on which the city officer or advisory board member serves; or
(b) Who has a financial interest in any proposed ordinance or decision upon which the city officer or advisory board member may or must act or make a recommendation; provided, however, that any city office or advisory board member and their spouses, may accept travel and related expenses to attend ceremonial functions, provided that such acceptance and attendance have been approved by the city council prior to the occurrence of the ceremonial function.
(4) Disclose any confidential information gained by reason of the position of the officer, advisory board member or spouse concerning the property, operations, policies or affairs of the city, or use such confidential information to advance any personal interest, financial or otherwise, of such officer or advisory board member, spouse or others. This subsection shall not preclude disclosure of such confidential information in connection with any investigation or proceeding regarding whether there has been a violation of the standards of conduct set forth in this subchapter.
(5) Use one's position or office to secure special privileges or exemption for himself or herself or another or for the private gain of the city officer, advisory board member or his or her spouse.
(6) Hold himself or herself out as representing the city in any capacity other than that for which he was appointed, or elected.
(7) Engage in or accept private employment or render a service when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independent judgment in the performance of his or her official duties.
(8) Make unauthorized use, or permit unauthorized use, of city owned vehicles, equipment, materials or property.
(9) Grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen.
(10) After termination of service with the city, appear before any board or commission of the city in relation to any case, proceeding or application in which he or she personally participated or which was under his or her active consideration during the period of his or her service.
(11) Transact any business in his or her official capacity with the city with a business entity in which he or she has a substantial interest.
(12) Engage in any dishonest or criminal act or any other conduct prejudicial to the government of the city or that reflects discredit upon the government of the city.
(13) Perform or refuse to perform any act in order to deliberately thwart the execution of city ordinances, rules or regulations or the achievement of official city programs.
(14) Be an interested party to any exchange, purchase, or sale of property, goods, or services with the city, or enter into any contract with the city, except in full and impartial compliance with statutes, City Charter, ordinances and regulations applicable thereto and subject to any restrictions of the Charter of the city; provided further, that such persons shall receive no favor or special concession or inducement not customarily available and granted by the city in such a transaction; and provided further, that any discretion by officers of the city, in connection with any such transaction shall be exercised impartially and upon the same standards applied to all Mansfield citizens.
(B) No member of the City Council or city officer shall knowingly represent, directly or indirectly, any person, group or business entity:
(1) Before the City Council or any department, agency, board or commission of the city;
(2) In any action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, board or commission is a party; or
(3) In any action or proceeding in the municipal court(s) of the city which was instituted by a city officer or employee in the course of his or her official duties, or a criminal proceeding in which any city officer or employee is a material witness for the prosecution.
(C) No member of a city board or commission shall knowingly represent, directly or indirectly, any person, group or business entity:
(1) Before the City Council or the board or commission of which he or she is a member;
(2) Before a board or commission which has appellate jurisdiction over the board or commission of which he or she is a member;
(3) In any action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, board or commission thereof is a party; or
(4) In any action or proceeding in the municipal court(s) of the city which was instituted by a city officer or employee in the course of his or her official duties, or a criminal proceeding in which any city officer or employee is a material witness for the prosecution.
(D) The restrictions contained in divisions (B) and (C) do not prohibit the following:
(1) A member of a city board or commission (other than City Council), or his or her spouse, appearing before the City Council or a city department, agency, board or commission to represent himself or herself in a matter affecting his or her property; provided, however, that no such person, or his or her spouse, shall appear before the board or commission of which he or she is a member;
(2) An officer of an employee organization appearing before the City Council or a city department, agency, board or commission to address employment matters.
(E) The City Council shall not approve or award any bid or contract for the city's purchase of goods or services from any person, group, or entity which at any time-prior to such award or approval, has hired a person who, at any time within such six-month period, was either a member of the Mansfield City Council or the chief or assistant administrator of any city department or agency that had direct, or indirect, review or consideration, or recommending or approval authority for the project or decision which is the subject of the award of such bid or contract.
(F) A person subject hereto who serves as a corporate officer or member of the board of directors of a nonprofit entity may not participate in a vote or decision regarding funding by or through the city for the entity, if said official receives any fee, compensation or other monetary payment from the entity, unless the City Council appointed such city official to the board of directors or such corporate office.
(G) Nothing in this subchapter shall prohibit the City Council from participating in a vote or decision relating to salaries or travel budgets of City Council members.
(H) No person subject hereto shall use his official position to secure confidential information for any purpose other than official responsibilities.
(I) No person subject hereto shall use city facilities, personnel, equipment or supplies for private purposes, except to the extent such are customary, incidental or lawfully available to the public.
(J) No member of the City Council shall interfere with the City Manager's administrative duties of appointment to and removal of persons from employment with the city. Except for the purpose of inquiry, the City Council and its members shall deal with the city departments and city employees for which the City Manager is responsible solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately.
(K) The restrictions in § 30.44 do not prohibit the following:
(1) Rendering service to the city as an officer, employee or advisory board member;
(2) The paying of taxes, fines, utility service or filing fees;
(3) Subject to restrictions contained in the charter of the city, executing and performing any community facilities contract or plat in compliance with laws and regulations applicable to any person; provided, however, that if any city ordinance, rule or regulation allows any discretion by the appropriate officers of the city in the interpretation or enforcement of such ordinance, rule or regulation, such officers shall exercise such discretion in favor of the city in connection with any such community facilities contract or plat;
(4) Purchasing goods or services from the city in full compliance with all applicable state and local laws; or
(5) Members and spouses of members of the advisory boards set up by ordinance, charter or state law who are not otherwise officers of the city, may engage in any exchange, purchase or sale of property, goods or services with the city, or enter into a contract with the city, provided, however, that the board of which they are a member has no advisory function or cognizance, direct or indirect, present or prospective, with respect to the transaction in which such advisory board member engages or proposes to engage; or
(6) A city contract for the purchase of services or personal property with a business entity in which a member of the governing body has a substantial interest if the business entity is the only business entity that provides the needed service or product within the jurisdiction of the city and is the only business entity that bids on the contract.
(Ord. 1466, passed 12-8-03; Am. Ord. OR-2182-20, passed 9-14-20)