HomeMy WebLinkAbout1993-01-11 93-97 ORDINANCECOUNCIL ACTION 93-92
Item No.
Date January 11. 1993
item/Subject: Amending Chapter I, Article 6 of the Ordinances of
the City of Bangor -- Code of Ethics
Responsible Department: Legal
Commentary:
The attached item would make a number of changes to the City's Code
of Ethics. These changes would implement procedural
recommendations originally made by the City Board of Ethics in
February, 1992, discussed in my Memorandum to the City Council
dated December 10, 1992. In addition, I have included the
following proposed changes, which are intended to address certain
issus that have arisen under the Code of Ethics since February,
1992:
-- Definitions of "employer" and "employee" and a new
conflict provision to define those circumstances in
which an employee -employer relationship may generate
a conflict of interest on a Council, Hoard,
Commission or Committee agenda item.
cont'd on next page
Department Hea'
Manager's Comments:
City Mnnager
Associated Information: Ordinance
Finance Director
.Legal Approval: ihti® riv¢
q �'rma/iw Vo S yer �'rw��atyw�'Q. Q:_l
City solicitor
icitoror
Introduced for
Passage
First Read'nq
Referral-�7 Page 1 of 8
93-9J
Amending Chapter I, Article 6 -- Code of Ethics
(cont'd)
-- Miscellaneous changes to clarify the application of
the Code of Ethics at the Council Comuittee level,
including new procedural language.
-- Miscellaneous language changes to make the ordinance
more gender neutral.
-- A new provision regarding the procedure to be followed
in the event conflicts of interest cause the Council,
Board, etc., to lose its quorum.
-- New language clarifying the procedure and powers of
the Board of Ethics in determining conflict issues
referred to it by the full City Council.
other minor procedural clarifications
These changes will require considerable discussion and should be
regarded as draft proposals only.
Am4"000
Gc-1
1er
A 6naedtu Coundlor Soucy y.3-%7
w _ CITY OF BANGOR
(TITLE) ding -Chapter -L, -.Article. 6_. of.. theordinances.........
of the City of Bangor -- Code of
Be k ordained by City CMmnt of dte City ofBampor, ae fog u
(1) TBAT Chapter I, Article 6, Section 3, Subsection 3.7(B) be
amended to read as follows:
(B) Disclosure of Conflict. Arty City Councilor, Board
Member or Commission Member
who believes that he or a member of his immediate
family has a financial or special interest, .other
than an interest held by the public generally, in any
agenda item before his or her collective body, shall
disclose the nature and extent of such interest, and
the City Clerk or his designee shall make a record of
such disclosure. Such disclosure shall be made no
later than the date of the first meeting of the City
Council, Board. Commission or Committee thereof, at
which the agenda item concerned is to be taken un for
consideration, recendation, discussion o vote, and
at which the City Councilor, Board Member or Commission
Member is present. Additionally, any City Councilor,
Board Member or Commission Member who believes that any
fellow City Councilor, Board Member or Commission Member,
or a member of such fellow City Councilor's, Board
Member's or Commission Member's immediate family has a
financial or special interest, other than aninterest
held by the public generally, in any agenda item before
his or her collective body, shall disclose the nature
.and extent of such interest, and the City Clerk or his
designee shall make a record of such disclosure.
(2) TMAT Chapter I, Article 6, Section 3, Subsection 3.7(C) be
amended to read as follows:
-2-
2.6.1
2_
2 6 1 emolovers/emPlovees: Actions by the City Council.
Board. Commission
or Committee
concerned which would confer a direct benefit, not
shared by the c oral Public, upon an emPlover o
emolovee of a City Councilor. Board Member, or
Commission Member shall be deemed to constitute a
special interest d Section 2.6 of this Orth
(3) TBAT Chapter I, Article 6, Section 3, Subsection 3.7(B) be
amended to read as follows:
(B) Disclosure of Conflict. Any City Councilor, Committee,
Board or Commission Member
who believes that Lslhe or a member of his or her
immediate family has a financial or special interest,
other than an Interest held by the public generally, in
any agenda item before his or her collective body, shall
disclose the nature and extent of such interest, and
Additionally, any City Councilor, Committee, Board Hamster
or Commission Member who believes that any fellow City
Councilor, Board Member or Commission Mamber,
or a member of such fellow City Councilor's, Board
Member's or Commission Member's immediate family has a
financial or special interest, other than an interest
held by the public generally, in any agenda item before
his or her collective body, shall disclose the nature
and extent of much interest, and the City Clerk or his
designee shall make a record of such disclosure.
(4) THAT Chapter I, Article 6, Section 3, Subsection 3.0(C) be
amended to read as follows:
(C) Determination of Conflict. Once the issue of conflict
has been #n#t#atet raised
relative to an individual City Councilor, Conmittee.
Board Meese£ or Commission Mercer, and disclosure has
been made as provided above, eaeA-#at#v#tna}rm-€e}}ew
the City Councile£m, Committee, Board Mem4e£e or
Commission Members shall veee-eP-wvaeva£-e£-P9e-sneA
#et}v#taa}_aha}}_ve-esexeet-€£em-pa£t#e}fat}sg-#e_sve
to}}be£gE}eP-e£-YeEer-e£-review}ea-mak#Pg-ga£d-#a-SAe
them,
mak#sg-p£eeote� review the facts as hdisclosed
individual to chem. and shall vote on whether or not such individual
has a financial or special interest with respect to the
-3-
-4-
(5) THAT Chapter I, Article 6, Section 3, Subsection 3A(D) be
amended by adding the following:
(p) Avoidance of Appearance of Conflict. To avoid the
appearance of a
violation of this section, once any individual City
Councilor, Board Member or Commission Member is
determined to have conflict of interest in respect to any
agenda item, said individual shall immediately remove
himself or herself from the meeting mom or to the area
of the room occupied by the general public. He or she
shall not return to his or her regular seat as amember
of the body until deliberation and action on the item is
completed. Nothing herein shall require an individual
Councilor, Board Member or Commission Memher to remove
himself or herself for any item contained on a "Consent
Agenda" on which there is no deliberation, the
individual's conflict has been determined by the other
members, and the right to abstain from voting on the item
(6) THAT Chapter 1, Article 6, Section 3, Subsection 3.7(H) be
amended to read as follows,
(e) personal Interest. Nothing herein shall be construed
to prohibit any City Councilor,
Board Member e€ gg Commission Member from representing
his own personal interest by appearing before his or
her collective body on any such agenda item.
(7) THAT Chapter I, Article 6, Section 3, Subsection 3.8 be
amended to read as follows,
3.8 Disclosure Statement hv-fi#ev-fieune#}ens. Within
fifteen (15)
days after each annual municipal election, every City
Councilor shall file a completed disclosure form with
the City Clerk. Within thirty (30) days after his or
her appointment, every Board Member and every
Commission Member shall file a completed disclosure
form with the City Clerk. Such disclosure forms shall
be under oath and shall contain the following information
to the best of the disclosing party's knowledge and
belief:....
-5-
(8) TShT Chapter I, Article 6, Section 3, Subsection 3.8.4 be
ammnded by deleting the underlining from the words 'Every City
Councilor, Board Member and Co®fission Member" in the first line of
said subparagraph.
(9) THAT Chapter I, Article 6, Section 3, Subsection 3.8 be
amended by deleting the following:
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Eqe-f}sy-#A-aA-amenR6-#a-eaesss-a€-6}r9 Bf-€eF-Eke-pseeed#ng
ea}endaY-yeaY-Bqa}}_qe_deteRs#AaE#ve-€eF-pnFpeseo-e€
Y@$BPE#A§-nA9¢F-Eh#B-B¢BE iBAe--iRBOme-€YBmr-BPd-€#AaflB#8#
e eEABAE6-}p_p0}}0}B6-B€-#RBtlYBPBBt-Hftd-de@BB#EB-and
BH HBdAEB-€FBm-PBMe£e#d}_H£-B8Y#Ag b-98Ak6 r-68Y#AgB-wad-}B8P
Be-#aE#BP6t-BY-eted36-nB#BAB-BAa}}_ABE-qe-BBAB#dBFOd-EB
Ha€#A8P0#H}_€pEBF06E-W#BA#p-She-meeA#Ag-B€-£q#B-Be0£}BP.
(10) THAT Chapter I, Article 6, Section 3, Subsection 3.9.1 be
amended to read as follows:
3.9.1 No City Councilor, Board Member or Commission Member
may use his official authority or position for the
purposes of influencing or interfering with or
affecting the results of any election, nor shall he
solicit funds or contributions or accept or receive
funds o contributions from City Employees for
politicapurposes. No City Councilor, Board Member
or Commission Member may distribute pamphlets
handbills while he or she is performing their
official functions and duties with the City. Nothing
herein shall be construed to prohibit any City
Councilor, Board Member or Commission Member from
participating in the political process #A-6ke#Y
asperity in their Private capacity as candidates
for elected office or as private citizens.
(11) THAT Chapter I, Article 6, Section 3, Subsection 3.10 be
amended in the title preceding said Section as follows:
3.10 Incompatible Emolovment e€ or Office.
(12) THAT Chapter I, Article 6, Section 3, Subsection 3.10.4 be
amended to read as follows:
3.10.4 where the occupancy of both offices is
otherwise prohibited by the City Charter
or by other provisions of law.
(13) THAT Chapter 1, Article. 6, Section 4, Subsection 4.5 be
amended to read as follows:
-6-
4.5 Duties. The Board Shall make findinas of fact and
render advisory opinions to the City Council
when there is doubt as to the applicability of any
provisions of this code to any particular situation.
in the performance of its duties, the Board shall
limit its review and factfinding only to those issues
referred to it by the City Council. The Board shall
also pee€eem make annual recommendations for
necessary revisions c d' and shall
perform such other duties as may he prescribed from
time to time by the City Council.
(14) THAT Chapter 1, Article 6, Section 4, Subsection 4.6 be
amended to read as follows,
4.6 Procedure. -Any City Councilor, Board Member o
Commission Member Seeking advice as to
whether a particular situation constitutes a violation
of this Code shall first submit a written statement in
the form of a Council Order describing the nature of
the matter to the City Council. If the Council feels
that an advisory opinion is necessary, it shall adopt
the Order, by majority vote, referring the matter to
the Board. A tie vote on the Order shall also cause
the matter to be referred to the Board. Boon referral
determines to have been frivolous, unfounded or with
malice, it shall so advise the Council. It is the
purpose and intent of this Code to provide a mechanism
by which all such matters may be handled in an orderly
and impartial fashion in such amanner
s to protect
the best interest of the citizens of the City of Bangor
and the personal and private interest of its City
Councilors, Board Members and Commission Members.
93-9]
Aevgmed to Councilor Soucy, January 11, 1993
CITY OF BANGOR
MILE.) mailtmat Amending Chapte11 r I, article fi of the .
.....................
Ordinances of the City of Bangor -- Code of ethics
Be i6 ordaivd 6y Ne Oily Counid m(W Cih o(Banaor. a(d(ov�s:
(1) TBAT Chapter I, Article 6, Section 2 be amended by adding new
Subsections 2.3.3, 2.3.4 and 2.3.5 to read as follows:
2.3 .3
Committee:
My Committee of the Bangor City
Council appointed in accordance with
Article 3 of this Chapter. "Committee Member"
shall mean
any City Council member appointed to
2.3.4
such a Committee.
emplover:
My nerson. business or entity from
Commission
whom a Citv Councilor, Board Member Or
Mamber receives 108 or more of his or
her annual
income, but not includinc the United
2.3.5
States of
Emolovee:
America or the State of Maine.
Any person who receives $1.000 per ye
or more as ealary, Pay or benefits
directly from a City Councilor. Board Member o
Commission Member, or from a business owned 10% o
re by such City Councilor, Board Member or
Commission
Member. For the purposes of this
Ordinance.
supervised
include one who is
by the City Councilor, Board Member or
Commission
Member concerned, but who is paid by
another carton, business or entity. includina a
(2) THAT Chapter I, Article 6, Section 2 be amended by adding a
new Subsection 2.6.1 to read as follows:
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HBMbgre-fgdE-a-BBP#}#0E-0#-#A48xe BE -£A -#a e5-8a£gEBx
(C)
All voteg on conflict of interest a estiona shall be
recorded loritv vote shall dGtGrmine tR i
but a vote by Committee may later be reviewed by the full
City Council upon the City Council's consideration of the
same aaenda Stem Upon determination that a conflict of
interest in fact exists. the City Councilor. Committee.
Board or Commission Member concerned shall be excused
f t' ti S di i d lib r t'o ort
the relevant agenda item.
-3-
(3) TBAT Chapter I, Article 6, Section 3, Subsection 3.7(D) be
amended to read as follows:
(D) Avoidance of Aprearance of Conflict. To avoid the
appearance of a
violation of this section, once any individual. City
Councilor, Board Member or Commission Member is
determined to have a conflict of interest in respect to
any agenda item, and once all conflict of interest
questions relating to the agenda item concerned have been
determined as Provided in Section 3.7(C) above, said
individual shall immiediately remove himself or herself
from the meeting to=
or to the area of the room occupied
by the general publicHe or she shall not return to his
r her regular seat as a member of the body until deliv
deliberation and action on the item is completed.
Nothing herein shall require an individual Councilor,
Board Member or Commission Member to remove himself or
herself for any item contained on a "Consent Agenda" o
which there is no deliberation, the individual's conflict
has been determined by the other members, and the right
to abstain from voting on the item has been granted.
(4) THAT Chapter I, Article 6, Section 3, Subsection 3.0(N) be
amended to read as follows:
(E) Personal Interest. Nothing herein shall be construed
to prohibit any City Councilor,
Board Member of or Commission Member from representing
his own personal interest by appearing before his or
her collective body on any such agenda item.
(5) THAT Chapter I, Article 6, Section 3, Subsection 3.8 be
amended to read in part as follows:
3.8 Disclosure 6z€ g Within
fifteen (15)
days after each annual municipal election, every City
Councilor shall file acompleted disclosure form with
the City Clerk llthinthirty (30) days after his or
her appointment, every Board Member and every
Commission Member shall file a completed disclosure
form with the City Clerk. Such disclosure forms shall
be under oath and shall contain the following information
to the beet. of the disclosing party's knowledge and
belief:
(6) THAT Chapter I, Article 6, Section 3, Subsection 3.6.4 be
amended by deleting the underlining from the words "Every City
Councilor, Board Member and Commission Member" in the first line of
said subparagraph.
-4-
(7) THAT Chapter I, Article 6, Section 3, Subsection 3.8 be
amended by deleting the following redundant language following
Subsection 3.8:
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9B-a-€#PNPB#H}_#p£BFe68-W36h 3p-she-A@BA}Ag-B€-E11#B-Bees#epi
(8) THAT Chapter I, Article 6, Section 3, Subsection 3.9.1 be
-
amended to read as follows:
3.9.1 No City Councilor, Board Marano: or Commission Member
may use his official authority or position for the
purposes of influencing or interfering with or
affecting the results of any election, nor shall he
solicit funds or contributions or accent or receive
political purposes. No City Councilor, Bbard Member
or Commission Member may distribute pamphlets
handbills while he or she Is performing their
official functions and duties with the City. Nothing
(9) THAT Chapter I, Article 6, Section 3, Subsection 3.10 be
amended in the title preceding said Section as follows:
3.10 Incompatible Emolovment e€ or Office.
(10) THAT Chapter I, Article 6, Section 3, Subsection 3.10.4 be
amended to read as follows:
3.10.4 where the occupancy of both offices is
etherw}se prohibited by the City Charter
r by other Provisions of law.
(11) THAT Chapter I, Article 6, Section 4, Subsection 4.5 be
amended to read as follows:
-5-
4.5 Duties. The Board shall make findings of fact and
ender advisory opinions to the City Council
when there is doubt as to the applicability of any
provisions of this code to any particular situation.
in the performance of its duties, the Board shall
limit its review and factfinding only to those issues
referred to it by the City Council. The Board shall
also "r€era make annual recommendations for
necessary revisions his ordinance, and Shall
Perform such other duties as may be prescribed from
time to time by the City Council.
(12) THAT Chapter 1, Article 6, Section 4, Subsection 4.6 be
amended to read as follows:
4.6 Procedure. Any City Councilor, Board Member or
Commission Member seeking advice as to
whether a particular situation constitutes a violation
of this Code shall first submit a written statement in
the form of -a Council Order describing the nature of
the matter to the City Council. If the Council feels
that an advisory opinion is necessary, it shall adopt
the Order, by majority vote, referring the matter to
the Board. A tie vote on the Order shall also cause
the matter to be referred to the Board. boon referral
referred to it to have been based upon allegations it
determines to have been frivolous, unfounded or with
malice, it shall so advise the Council. It is the
purpose and intent of this Code to provide a mechanism
by which all such matters may be handled in an orderly
and impartial fashion in such a manner as to protect
the best interest of the citizens of the City of Bangor
and the personal and private interest of its City
Councilors, Board Members and Commission Members.
IN CITY COUNCIL
January 11, 1993
Moved from Referrals and First
Reading for Discussion.
Received 1st reading - Referred
to Workshop of Full Council.
CITY tRK
IN CITY COUNCIL
February 8, 1993
Amended by Substitution -
Con6l//de�/r next meeting.
�cI'et cc e
93-97
}Pipes
( TIILE,) Amending. Chapter I, Article 6 of [1(¢
Ordinances of the City of Bangor - Code f
of Ethics
d�
Awi(Nrd to to
Z�fF tc_
(wur
IN CITY COUNCIL
February 22, 1993
Amended by Substitution as in Book.
Delete under (C) in the second line
ralaed relative" and in line 17 delete
asserted" and add "alleged'. Passed by the
following yes and no votes. Councilors voting yes.
Blanchette, Bragg, Cohen, Frenkel, Saxl, Shubert,
Soucy. Stone and Sullivan.
CITY CLINK