Section 1. General Code of Conduct
(a) In an effort to promote transparency, this code of conduct contains principles that shall guide the conduct of City Council with the express purpose of fostering the highest standards of governance, cooperation, respect and compliance for the spirit of the laws of the State of Ohio, the City Charter and laws and policies affecting City of Mason operations.
(b) Council is here by charged with the enforcement of this code of conduct by public censure of violations, which requires a vote of a majority of the members of Council, excluding the member of Council subject to possible censure. Upon approval by a majority of Council, the censure shall be filed with the Clerk of Council.
(c) All members of Council shall:
(1) Recognize the Charter role of the Mayor, Council, and City Manager,
particularly in contracting, development projects, incentives, and contact with City vendors. Council shall not interfere with the powers and duties of the City Manager in the supervision and conduct of the affairs of the administrative departments of the Municipality as outlined in the City Charter; and
(2) Recognize the obligation of all elected officials to not attempt to privately interfere with quasi-judicial proceedings of boards and commissions, and not to privately interfere with third-party contract negotiations or implementation;
(3) Cultivate a culture of reporting of conflicts of interest and unethical conduct, and a commitment to avoid retaliating against those who report suspected conflicts or unethical conduct;
(4) Commit to understanding, and following the applicable ethics and conflict of interest laws of the Ohio Revised Code, the City Charter, and the Mason Codified Ordinances;
(5) Commit to using their office for the public good and never use City resources or personnel for personal or political activity;
(6) Support the integrity of the City’s development process and promote public trust by directing inquiries from developers related to financial assistance or land-use approvals to the City Manager’s office, so that they can be handled uniformly through transparent City administrative processes;
(7) Commit to conducting City business, public deliberations, and processes in an open, transparent, and public manner unless legally appropriate to conduct in a confidential setting. Council shall always conduct business in an atmosphere of respect and civility; and
(8) Not use City resources or personnel to disclose confidential information obtained through the performance of Council duties for private gain or publicity, or as prohibited by Ohio Revised Code section 102.03(B);
(9) Adhere to all applicable laws and regulations that provide equal opportunity for all persons regardless of characteristics as defined by the U.S. Equal Employment Opportunity Commission;
(10) Report, without undue delay, to the City Manager, City Law Director, Ohio Ethics Commission, or other appropriate authority, conduct in the performance of official duties that is reasonably believed to violate the law, or reasonably believed to violate this code of conduct.
Section 2. Elected Officials Conduct with other Elected Officials
(a) Council shall foster a culture of mutual respect and civility for one another by giving deference to experienced and knowledgeable peers and appreciate their value and contributions to the entire Council body. Every Council member has the right to an individual opinion which should be respected by other members of Council. Council members should assume that other members of the Council have the appropriate motives and interest of the public in mind and should not criticize differing opinions because they believe them to be lacking in judgment or improperly motivated. Council will seek to foster a collaborative relationship with each other that brings positivity and productivity to the office that helps fulfill the City’s mission.
(b) Council members have a public stage and have the responsibility to showcase how individuals with disparate points of view can find common ground and seek compromise that benefits the Mason community as a whole. It is expected that Council will use civility, respect and decorum during discussion and debate with each other.
(c) It is the responsibility of the Mayor, or designated Chair, to keep comments of Council members on track during Council meetings. Council members should respect efforts by the Mayor to focus discussion on current agenda items. If there is a disagreement about the agenda or the Mayor’s actions, those objections should be voiced politely and with reason, following commonly recognized parliamentary procedure. The City’s Law Director serves as the parliamentarian for the City and is available to Council to answer questions or interpret situations according to parliamentary procedures.
Section 3. Elected Officials Conduct with the Public
(a) In Public Meetings
(1) Public participation is an important component of the democratic process. Council members should treat all citizens with respect and impartiality. Council is encouraged to practice active listening when a member of the public is addressing Council. Council members are encouraged to avoid debate, criticism, or argument with members of the public.
(b) Outside Public Meetings
(1) Council members will frequently be asked to explain a Council action or provide their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to provide a brief overview of City policy and to refer to City staff for further information. Individual Council members should not promise Council or staff action on any issue or concern.
(2) Council acts as a body and speaks as individuals. Council members must ensure that in expressing their own opinions they do not mislead any listener into believing that their individual opinion is that of the entire Council, unless the Council has taken a vote on that issue and the Council member’s opinion is the same as the decision made by Council. A Council member has the right to state a personal opinion and has the right to indicate that they are stating such as a member of Council but must always clarify that they are not speaking on behalf of the City or the Council unless authorized by Council to do so.
(3) This policy applies to interactions with individual community members as well as the media.
Section 4. Elected Official Conduct with City Staff
(a) The Council-Manager form of government combines the strong political leadership of elected officials with the strong managerial experience of an appointed City Manager. General legislative power lies with City Council and Council hires the City Manager to be the government’s full time Chief Executive Officer charged with administering the operations of City government and implementing policies enacted by City Council. Governance of the City relies on the cooperative efforts of elected officials who set policy and the City Manager and staff who implement and administer the Council’s policies. Every effort should be made by both Council members and City staff to show mutual respect for the contributions made by each individual for the good of the Mason community.
(b) Treat all staff as professionals
(1) Council members should treat all staff as professionals. Clear, honest communication that respects the abilities and experience of each City employee is expected. Elected officials should never express concerns about the performance of a City employee in public or directly to the employee. Concerns regarding staff performance should be directed to the City Manager.
(c) Respect the City Manager’s Executive and Administrative Authority
(1) All requests for information or questions regarding City operations
should be directed to the City Manager. Questions or inquiries of City staff should be directed to the City Manager.
(2) The City Manager has full authority over the appointment and removal of all municipal personnel. Department heads are responsible solely to the City Manager for carrying out the mission and responsibilities of their departments.
(3) Elected and appointed officials acting in their individual capacity must not attempt to influence City staff on the making of appointments, awarding of contracts, selection of consultants, development processes or granting of City licenses and permits and should not promise staff action on any issue or concern.
Section 5. Financial Responsibility
(a) To ensure public confidence in the integrity of City Government and as a condition of public service, you are expected to adhere to these fundamental principles of ethical behavior:
(1) Public service is a public trust, requiring you to place loyalty to the Constitution, the laws, and ethical principles above private gain.
(2) You shall make no unauthorized commitments or promise of any kind purported to bind the City.
(3) You shall satisfy in good faith your obligations as citizens, including all just financial obligations, especially those such as Federal, state, or local taxes that are imposed by law.
(Ord. 2023-42, passed 3-13-2023)