Employees may follow the procedures below to determine if their activities will be in violation of this subchapter.
(A) Request of determination. Prior to undertaking any activity which may violate the provisions of this subchapter, an employee may notify the Mayor of the contemplated activity and request a determination pursuant to this section. Upon receipt of adequate relevant information, and after any investigation deemed necessary or advisable, the Mayor may then determine whether or not the town will take action against the employee if the contemplated activity is undertaken, and advise the employee accordingly. In making this determination, the Mayor shall consider whether the contemplated activity violates any terms of this section, with attention to the following particulars:
(1) Any use for private gain or advantage of town time, facilities, equipment and supplies, badge, uniform, prestige, office or equipment;
(2) Receipt by the employee of any money or other consideration for the performance of any act required of him or her as a town employee;
(3) Performance of an act other than in his capacity as an employee, which act may later be subject, directly or indirectly, to control, inspection, review, audit or enforcement by the agency or department in which he or she is employed; and
(4) The extent, if any, to which the employee will be acting under color of town authority or subject the town to any potential liability.
(B) Effect. If the Mayor determines that no action will be taken against the employee if he or she undertakes the contemplated activity, then no such action will be taken, unless the contemplated activity proves to be materially different than represented to the Mayor in making the ruling, or unless material facts were not disclosed to the mayor before the ruling was made.
(C) Records maintained. Complete, written records of the facts and decision of each no-action request shall be maintained and shall be open to the public for review upon reasonable request.
(D) No precedential effect. The determination of one no-action request shall not necessarily affect the determination of future no-action requests.
(E) Town Council review.
(1) Referral by Mayor. The Mayor may refer any no-action request to the Town Council for decision, after gathering and presenting to the Council the relevant facts.
(2) Appeal by employee. An employee may appeal the denial of his no-action request to the Town Council within ten days after notification of the Mayor’s decision. The employee shall then have a promptly scheduled opportunity to present his or her request to the Town Council, and the Mayor may also speak on defense of the denial.
(Prior Code, § 1-6A-14) (Ord. 1993-01, passed 4-15-1993)