(a) Conflicts of interest. The use of public office for private gain is prohibited. No elected official, officer, or employee shall (i) act in an official capacity on matters in which the employee or official has a private financial interest clearly separate from that of the general public; (ii) accept gifts and other things of value in return for a favorable decision or vote. In all cases, gifts received must be publicly recorded and submitted to the City Clerk specifying the date received, the name and address of the donor, and the value of the gift; (iii) act in a private capacity on matters dealt with as a public official or employee; (iv) use confidential information for personal gain; and (v) appear before City departments, offices, and agencies on behalf of private interests.
(b) Code of Ethics.12 As a part of the Administrative Code, City Council shall adopt and enact a City Code of Ethics within one year of the effective date of this Charter which shall apply to all elected officials, officers, and employees. The Code of Ethics shall adopt regulations implementing the conflict of interest provision set forth above, shall provide for reasonable public disclosure of finances by officials with major decisionmaking authority over monetary expenditures and contractual matters, and insofar as permissible under state law, provide for fines and imprisonment for violations.
(c) Board of Ethics. The Mayor, with the approval of City Council, shall establish an independent Board of Ethics consisting of five City residents holding terms of three years, to administer and enforce the conflict of interest provision § 1201 of this Charter and the prohibition sections of this Charter. No member of the Board may hold elective or City office under the City or any other government or hold any political party office. Insofar as possible under state law, the Mayor shall authorize the Board to issue binding opinions, conduct investigations on its own initiative and on referral or complaint, refer cases for prosecution, impose administrative fines, and to consult with independent counsel. City Council shall appropriate sufficient funds to the Board of Ethics to enable it to perform the duties assigned to it. Members of the Board of Ethics may be removed by the Mayor with the consent of City Council.
12. Editor's Note: See Ch. 5, Part 10, Code of Ethics.