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Home My WebLink About1998-12-28 99-46 ORDINANCECOUNCIL ACTION Item No. 9946 Date December 28 1998 Item/Subject: Ordinance, Amending Code of Ethics -- Solicitations by City Officials and Employees Responsible Department: Legal In late 1997, by Council Order 97-373, the City's Board of Ethics was directed to make recommendations concerning necessary changes to the City's Code of Ethics, to better address public fundraising activities by elected and appointed Officials of the City of Bangor. Over the next several months, the Board conducted extensive hearings On City -sponsored and City -associated fundraising activities. The immediate product of the Hoard's efforts was a "Donors' Bill of Rights and Responsibilities", (cont'd On next page) DeBartment Head Manager's Comments: Q0 Associated Information:, f�i ,,:..��Ll N IT Finance Director y ��1 Citty Sol'c'tor Introduced For Referrals and First Readings Passage First Reading '/p� Referral* puea� P"4e ,—, Page 1 of 5_ adopted as a City policy document by Council Order 98-120 on April 13, 1998. Item 6 in the Donors' Bill of Rights as adopted in Council order 98-120 provides that those solicited for contributions "have the right to say no, without concern that failure to donate inresponse to a City solicitation will have any consequences adverse to their Personal interests." The corresponding "responsibilities" section indicates that the City will take steps to limit personal solicitations by City employees and officials with decision-making authority over matters of individual Concern. The attached Council Ordinance amendment is responsive to the concerns addressed in item 6 of the Donors' Bill of Rights. it places limitations on direct solicitations of the public by certain City officials, when the solicitation Is for the benefit of the City Of Bangor, or for the support of City programs or activities. As to City employees generally, the proposed ordinance amendment would require prior approval for most City -connected charitable solicitations activities, by the City Council, Finance Committee, or City Manager. School Department employees would be required to adhere to policies and procedures adopted by the School Committee or Superintendent. The overall concept of the amendment is to avoid situations in which an organization, business, or member of the general public is directly solicited for donations for the City's benefit, by employees or officials who have approval authority over applications for City -issued licenses, permits, etc., by the person or entity being solicited. For example, the proposed amendment would prohibit the City's Code Enforcement Officer from asking for donations from a building permit applicant. The proposed section 33-9.1 is intended to address only those solicitations by City employees and officials in which the City of Bangor is the recipient or beneficiary of the donations concerned. The new section would not limit solicitations that are unconnected to the City. For example, City employees would remain n free to participate in the fundraising activities of outsideorganizations such as the United Way, the Red Cross, or the Girl Scouts, without prior approval by the City, so long as the City is not the direct recipient or beneficiary of those fundraising activities. The attached proposal was reviewed and revised by the Board of Ethics at meetings on May gist and December 15th. At the December 15th meeting, the Board recommended approval of the ordinance amendment as attached. 99-06 M ped w CouocJor slaho6 tte ua<e ex 28, 1998 0 CITY OF BANGOR (TITEEJ IjorbjU 1TCCl Amending Code of ethics solicitations by City Officials and employees___ B it ordairud by the City Cason of the City of Ranson as fellow: THAT Chapter 33 of the Code of the City of Bangor is hereby amended by adoption of section 33-9.1, as follows: 33-9.1. Solicitations by City Officials and Employees The following 1 solicitations by City of Bangor officials and employees for the benefit of the City, or for the s,,nnnrr of City o activities. A. City Council No me"er of the City Council,during his f ffice donations shall solicit of item of 1 findividual bus m o foK thebenefit f the Cit of Bangor or for the support of any City program or a�tivlty, No City Council rabbet mav directly accept aAV SUCh donation,whether i h Co This paragraph does not prohibitll 1) Spligitatigng gf individuals related to the Councilor concerned by blood adoption: which in he Councilor d holds e8l s partner. or shareholder General statents of s particular fundraising efforts,provided h thef support r 1 d'rect d a the ' 1large, and not at any particular individual or business, d 4) Solicitations expressl h riz by Cit Council ordinance or order. -2- H City Manager The Provisions of 33-9.1(A) 1 amly to the City Manager. City Officials No City 1 with approval 1 e 1' benen t o rshall solicit donations f m from an individual ine for the benefit of the City of Bangor or for the sumort of any City program or activity. he nroViSiOnS of this para graph include the following: This h does not PrOhibit the following, (1) Solicitatims of individuals related to the official concerned ]22 J21ood, marriag- I, of b In which tLe official d holds d 1 partner, shareholder: (3) General encs for lltillllll fundraising r a ovided thath st t f s r are directed h ra 1'c and ant at anV Particular individual b i 4 lic'rta sly =AgrizedCUM Council ordinance or order; Applications for funding or grants an established lic a har f u ti 99-46 -3- (6) Assessment and collection of franchise fees taxes, fees for services, v to ment other amounts owed to the City. Officials subiect to this paragraph m solicit d f d f 1 h than money, for th benefit of the City, r for the support of City pros if hsolicitation has been a y the -r activities, it Council n reasonabl within l scope of the official's duties. D. Non -School City Employees eMploYees, City employees other than shall not solicit donations of School m Department rty Or of value from anindividual in for h benefitfthem Ci of Bangor for the s activity, i1 without- l b h CS M or Cit Council Finance C=lt-ee. This prohibit' acjiviji li t a i n 33 -9.1(C)(1) throw ❑ 6. A funds, property and items of value received as ae sult of such solicitations shall be d andd id in the prescribed by the CltV Finance D'r. E. School Department Employees No employee of the Bangor School Department ll solicit donations n items f value f h n fl fh 1 Oin the mnner prescribed by the Bhool Comittee or Superintendent. IN CITY COUNCIL December 28, 1998 First Reading Referred to Municipal Operations Committee CI E&K IN CITY COUNCIL January 11. 1999 Elation for Passage Made and Seconded Passed vote: ) yes, 2 absent Councilors voting yea: Balaacci, Crowley, Farnham, Palmer. Rahman, Tyler s Vardemis Councilors absent: Aube d Blanchette ,�4 TY LERK 99-66 ORDINANCE ( TITLE,) Annealing Code of ethics - Sollcitations by City Officials Real Empl9Yees Aron io aW U r ..lam mNcitW1N