Sec. 2-104. Prohibited conduct.
(a)   Gifts: A city official shall not, directly or indirectly, solicit or accept a gift that could influence the manner in which they perform their official duties.
(b)   Preferential treatment: A city official shall not use his official position to unreasonably secure, request, or grant any privileges, exemptions, advantages, contracts, or preferential treatment for himself, his immediate family, or others.
(c)   Use of information: A city official who acquires information in the course of his official duties, which by law or policy is confidential, shall not prematurely divulge that information to an unauthorized person. Information which is deemed exempt from disclosure under the Michigan Freedom of Information Act, (MCL 15.231 et seq.) or which is the subject of a duly called closed meeting held in accordance with the Michigan Open Meetings Act, (MCL 15.261 et seq.) is confidential. A city official shall not suppress or refuse to provide city reports or other information which is publicly available.
(d)   Conflicts of interest:
   (1)   No person may be employed as a sworn police officer if such person and/or his spouse has an interest, directly or indirectly, in any business possessing any license issued by the Michigan Liquor Control Commission and operated within the jurisdiction of the Mason Police Department.
   (2)   The city building official shall not do any work for hire or have any interest, directly or indirectly, in any business doing work for hire within the city which requires a permit pursuant to the state construction code.
   (3)   The city assessor shall not assess for city record keeping purposes his own property or any property owned by an entity for which the assessor has an interest as set forth in section 2-104(d)(6)(d)(1).
   (4)   No city official shall engage in employment, render services, or engage in any business, transaction or activity which is in direct conflict of interest with his official duties.
   (5)   No city official may use any confidential information obtained in the exercise of his official duties for personal gain or for the gain of others.
   (6)   No city official shall intentionally take or refrain from taking any official action, or induce or attempt to induce any other city official or employee to take or refrain from taking any official action, on any matter before the city which would result in a financial benefit for any of the following:
      a.   The city official.
      b.   An immediate family member of the city official.
      c.   An employer of the city official.
      d.   Any person, business or other entity that has contracted with the city, or which has received a license from the city, in the two calendar years prior to the action, and with which the city official or an immediate family member of the city official has one or more of the following financial interests:
         1.   Any interest as a director, officer, partner, member, shareholder, or employee in or for a corporation, partnership, limited liability company, or other unincorporated association.
         2.   Any interest as a landlord or tenant.
         3.   Any interest as a beneficiary or trustee in a trust.
         4.   Legal or beneficial ownership of one percent or more of the total outstanding stock of a company which is doing business with the city and which is not listed on a stock exchange.
      e.   Any business with which the city official or any immediate family member of the city official is negotiating or seeking prospective employment or other business or professional relationship.
   (7)   An appointed city official shall not discuss any matter pending before the body on which the appointed city official serves with the applicant or any person to whom written notice of the matter pending is required to be sent by city ordinance or other law except during duly called public meetings of the body. In the case of an inadvertent discussion between the appointed city official and the applicant or any person to whom written notice is required to be sent as described, such discussion shall be disclosed as a transaction in accordance with section 2-105(a).
   (8)   Except as otherwise permitted herein, no city official or any immediate family member of a city official shall be a party, directly or indirectly, to any contract with the city except for collective bargaining agreements. The foregoing shall not apply if the contract is awarded after public notice and competitive bidding, provided that the city official shall not have participated in establishing contract specifications or awarding the contract, shall not manage contract performance after the contract is awarded, and shall disclose the interest of the city official or any immediate family member in the contract in accordance with section 2-105(a).
   (9)   A city official shall not engage in a business transaction with the city except as permitted by Public Act No. 317 of 1968 (MCL 15.231 et seq.). Compliance with the requirements of said Act shall constitute compliance with section 2-104(d).
(e)   Use of city property or personnel: A city official shall not, directly or indirectly, use or permit any other person to use, any city property or personnel for personal gain or economic benefit. City employees may use city property for personal use as a convenience if first approved by the city manager or authorized by city policy.
(f)   Political activity: No city official shall use any city time or property for his own political benefit or for the political benefit of any other person seeking elective office, provided that the foregoing shall not prohibit the use of property or facilities available to the general public on an equal basis for due consideration paid.
(g)   Nepotism: The spouse of any elected city official, or of the city manager, shall be disqualified from holding any appointive office. The immediate family members of any elected city official, or of the city manager, and the spouses of any such family members shall be disqualified from holding full-time or permanent part-time employment exceeding ten hours per week with the city during the term served by said elected official or during the tenure of the city manager. This section shall in no way disqualify such relatives or their spouses who are bona fide appointed officers or employees of the city at the time of the election of said elected official or appointment of said city manager.
(h)   Retaliation: No person making a complaint or requesting an advisory opinion or participating in any proceeding of the board of ethics, shall be discharged, threatened, or otherwise discriminated against regarding compensation, terms, conditions, location, or privileges of employment or contract because of such action or participation.
(Ord. No. 132, § 5, 9-7-1999; Ord. 222, § 5, 12-3-2018; Ord. No. 230, 9-28-2020; Ord. No. 233, 3-1-2021)