§ 35.06  ACCEPTANCE OF GIFTS OR OTHER COMPENSATION BY TOWN OFFICIALS AND EMPLOYEES.
   (A)   Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      AGENCY.  Every department, office, board, commission or committee of the town.
      COMPENSATION.  Any money, thing of value, service or economic benefit conferred upon or received by any elected official, officer or employee from any person except the town or agency in return for services rendered or to be rendered, but does not mean items or property excluded herein from the definition of gifts or honoraria.
      ELECTED OFFICIAL.  The town's duly elected Clerk-Treasurer and town Council Members.
      EMPLOYEE.  Any individual, other than an elected official, who is employed by the town and to whom the town has the right to control the details of his/her work performance.
      FINANCIAL INTEREST. An interest which results in or is reasonably intended to result in an ascertainable interest in the income or net worth of an elected official, officer or employee or a member of the elected officials, officer's or employee's immediate family.
      GIFTS or HONORARIA.  Money or other property which is transferred to an elected official, officer, or employee without reasonable value being provided for same by said elected official, officer, or employee, but does not include:
         (a)   Invitations, tickets, food and drink provided to an elected official, officer, or employee or a member of his/her immediate family, during the conduct of official town business or at public ceremonies; or
         (b)   Mementos or souvenirs of nominal value received at public ceremonies or commemorating official town business; or
         (c)   Invitations or tickets to political fundraising dinners or public events when used by an elected official, officer, or employee, or a member of his/her immediate family; or
         (d)   Food or drink consumed by an elected official, officer, or employee in connection with official town business at a convention, reception, conference or gathering of other public officials and/or other municipal officers or employees; or
         (e)   Travel or other expenses paid or reimbursed as a result of speaking engagements, educational training, or personal appearances made as a result of or by virtue of an elected official's, officer's, or employee's official position or duties within the town; or
         (f)   Donations made to a recognized and approved town donation account to benefit an agency of the town, as a whole or a majority of an agency.
      OFFICER. A person appointed to an office or position in any agency within the town.
   (B)   Standards of ethical conduct.
      (1)   Accepting gifts or honoraria. No elected official, officer, or employee will accept gifts or honoraria that individually exceed the value of $100 or that cumulatively exceed the value of $250 in any calendar year from any person or business entity that is doing business with the town and/or any agency. An elected official, officer, or employee is prohibited from accepting anything of monetary value from any business entity when the intent, either implied or expressed, is to give special consideration or influence which may result in a benefit or gain to a person or business entity. However, this does not prohibit the receipt of political or other contributions that are lawful under and reported in accordance with Indiana law, and/or which are accepted on behalf of the town or any agency.
      (2)   Improper use of official position. No elected official, officer, or employee volunteer will use or permit the use of their official position, funds or property under their control, direction or custody, to be used for the private benefit of the elected official, officer or employee or their immediate family; provided that the same is available on equal terms to the general public, unless the use is expressly permitted by a general written policy, as approved by a majority of the Town Council.
      (3)   Disqualification. Any elected official, officer, or employee shall disqualify himself/herself and refuse to take final action on any matter in which they or a member of their immediate family has a financial interest, except for the adoption of the annual town salary ordinances and the town budget.
      (4)   Contracting with relatives.  I.C. 36-1-21 establishes minimum requirements regarding contracting with relatives of elected officials of the town, therefore all contracts between the town and any party are subject to, and must comply with, the provisions as set forth in I.C. 36-1-21.
      (5)   Divulging confidential information. In the course of any elected official's, officer's, or employee's association with the town, public officials, officers, and employees will have access to personal, sensitive, financial and business information that is confidential in nature. All public officials, officers, and employees are required to respect the confidentiality of information they receive in all forms of communication, including, but not limited to: computerized data, hard copy records, fax, email, verbal communication, texting and employee pay records. Although some of this information may be a matter of public record or accessible to the public through a public records request, such information will be treated as confidential in the normal course of business and will not be revealed or discussed except as necessary and with the appropriate persons or agencies in the performance of an individual's responsibilities and job duties. Using confidential information or town data for any purpose other than as required to complete assigned work tasks is prohibited. Discussing confidential information with anyone other than as required to complete assigned work tasks or removal of confidential information from the worksite for any purpose other than as required to complete assigned work tasks is prohibited. Any access by a public official, officer, or employee to confidential information, either through computer records or hard copy, will only be for legitimate business purposes, in the course of the employee's job duties and responsibilities and when the employee has a legal need to know. The fact that such information may be accessible through a formal public records request will not affect its confidentiality/proprietary status.
      (6)   Bribery. Any public official, officer, or employee is prohibited from paying, offering to payor receiving any compensation or providing any goods or services in the exchange for performance of an elected official, officer, or employee's official duty, except as permitted by law.
(Ord. 2 of 2018, passed 5-14-2018)