1-4B-4: CONFIDENTIAL INFORMATION:

   A.   Elected officials and employees shall respect the confidentiality of information concerning the property, personnel, or affairs of the city. An elected official or employee shall not knowingly disclose information that they know or reasonably should know is confidential information, regardless of the source of the information, without legal authorization. If an issue arises as to whether information is confidential, the city attorney shall provide a legal opinion.

   B.   An elected official or employee shall not knowingly use or disclose any information gained in the course of or by reason of his or her official position, and which has not been made public, to advance his or her financial interests or to further the financial interests of any family member or business relationship.

   C.   Elected officials and employees shall not disseminate information concerning pending or threatened litigation to which the city is a party or threatened to be made a party, which could reasonably be interpreted as an admission of liability on behalf of the city or which a reasonable person would interpret as being prejudicial to the interests of the city, unless compelled to do so by law. (Ord. 5662, 9-19-2022)

1-4B-5: CLOSED SESSIONS:

Information discussed or to be discussed in closed session is confidential, shall remain confidential, and is not to be discussed outside the closed session. Information discussed in closed session may be discussed during a regular session or special session of the city council when action is required by council. This section shall apply to any individual present for a close session meeting. (Ord. 5662, 9-19-2022)

1-4B-6: VIOLATION:

   A.   Disclosing confidential information may have detrimental effects on the city including its finances and reputation, elected officials individually, staff members, and citizens. Elected officials and employees are encouraged to ask questions and seek and heed the advice of city staff, insurance providers, and legal counsel when involved in matters that are confidential in nature.

   B.   Complaints alleging violation of this article shall be reported in writing to the mayor, or if the mayor is involved, to the mayor pro tem. The complaint shall include specific, detailed information to support the allegation. The complaint shall then be referred to the city attorney or appropriate staff member for investigation.

   C.   Violations of this article may include but are not limited to the following penalties:

      1.   Censure: Censure may apply to elected officials and proceedings shall be conducted in accordance with Article 1-4D of this code. Censure should only be exercised when members can objectively prove a violation of the policy has occurred and can ensure that further disclosure of confidential information will not take place as a byproduct of censuring an elected official.

      2.   Personal Liability: An elected official may be personally liable if acts in the performance of a duty are performed with intentional misconduct or knowing violation of the law, or for a transaction from which the person derives an improper personal benefit. (Ord. 5662, 9-19-2022)

ARTICLE C. CODE OF ETHICAL CONDUCT

SECTION:

1-4C-1: Purpose

1-4C-2: Definitions

1-4C-3: Scope

1-4C-4: Standards Of Conduct

1-4C-5: Ex Parte Communications

1-4C-6: Disclosure Of Interest And Recusal Procedures

1-4C-7: Advisory Opinions

1-4C-8: Reporting Of Ethics Violation Of A Member

1-4C-9: Penalties, Forfeited Position, Exemptions; Injunctions

1-4C-10: Distribution Of Code Of Ethics

1-4C-1: PURPOSE:

Accepting a position as an elected official or appointed member of a governmental body of the City of Waterloo carries with it the acceptance of trust placed on that individual by the public to strive to further the interest of all citizens and operate an effective local government. This article establishes a common set of principles and standards by which elected and appointed members of a governmental body of the City of Waterloo shall conduct themselves in order to garner and preserve public trust. The City of Waterloo believes ethical misconduct is a serious violation of public trust and therefore this article establishes disciplinary measures to deter such misconduct. (Ord. 5662, 9-19-2022)