HomeMy WebLinkAbout1988-07-25 88-322 ORDINANCE�£d
88-322
Item/Subject: Amending Chapter I, Article 6 of the Ordinances of the
City of Bangor -- Code of Ethics
Responsible Department: Legal
The purpose of this amendment W Chapter I, Article 6 is to apply the current
code of Ethics to the Zoning Board of Appeals, Planning Board, Building Board
of Appeals, and the Historic Preservation Coamission.
lois proposal is submitted by the Board of Ethics pursuant W Council Order
88-126 which directed the Board "to convene said review the Code of .Ethics of
the City of Bangor found in Chapter 1, Article 6, Ordinances of the City of
Bang OC, Ml in particular, whether Or sot the Code Of Ethics, paC hS�k}IeC�fi
or a similar cods, should be applied to subordinate boards and agencies of the
City of Bangor." The Board met on several occasions ad was supplied with
background information regarding all subordinate boards and agencies of the
City. Additionally, the Board held a public hearing, the primary purpose of
Mich was W receive amnent from members of the Toning Board of Apleals,
Building Board of Appeals, Plarrirg Board, and Historic preservation
Commission. Representatives of Ne Planning Wend and Historic preservation
Commission attended that public hearing sell inlirat: i their support for this
proposed amendment. The reason that the Board has clown to recommend
application of the Cade of Ethics to these 4 Boards is that they primarily
function as quasi-judicial bodies, whereas other boards and committees perform
essentially legislative advisory functiore.
Itis proposed ordinance amendment should be referred to the e
Committee for recnmmenlation prior to its second reading.
Item No.
Page 2 of 2
Introduced For
MPassage
Ll First Reading _ _ - _ _ - Page I of 2
u Referral
�mcae em on
Date
]u18-88
hem No. _88j22
Item/Subject: Amending Chapter
I, Article 6 of
the Ordinances of the
City of
Bangor --
Code of Ethics
Responsible Department -
Legal
commentary:
SEE ATTACHED SHEET
_
D,fv,r,,nr Hr,d
Manager's Common":
Q
CiIY Mawgn
Associated InformxtlomQ
Budget Approval:
Pav aDin
Legal Approval
!P1.• zt v
Dry 5011ainor
Introduced For
MPassage
Ll First Reading _ _ - _ _ - Page I of 2
u Referral
88-322
ASSIGNLD TO COUNCILOR Seeal, July 25, 1988
CITY OF BANGOR
ryp
(TITLE,) �rbinWSC2a A'manding chapter x Art cie 6 of the ordinances of the
City of Bangor -- Code of Ethics
Beit ordasud by the Ctty Cmynai[ afths City ofliaxyw, ae Py .
THAT Chapter I, Article 6 of the Ordinances of the City of BargOr is hereby
amended as follc%s, where words underlined are added and words struck out are
deleted:
(1) THAT Section 1 be amended to read as follows:
Sec. 1 Declaration of Policy. The proper operation of democratic government
requires that City Councilors and their
appointees be fair, impartial and responsive to the reeds of Lhe
people and each ether in the performance of their respective functions
and duties; that decisions and policy be made in proper mmilels of
the City's governmental structure; that public office not be used
simply for personal gain; aro that such Councilors aM their
appointees maintain a standard of marmot that will inspire public
Oonfi fence in Me integrity of me City's gmermment. In rmcg:iatim
of these goals, a Code of Ethics is hereby established for all City
Councilors, ani all members and associate mariners of the Zoning ecard
of Appeals, Planning hard, Building Board of Appeals ana the
Historic Preservation Crcmmission
(2) THAT Section 2 be amended to read as follows:
Sec. 2 Befinitins.
2.1 Board: Zoning Board of Appeals, Building Board of Appeals
and Plarining Board.
2.1.1 Board Maser: memmber or associate member of the
Zoning Board Of ARRils, Planning
Board or Building Board of Appeals.
2.142 Business: Any cormration, partnership, individual,
sole proprietorship, joint venture, or any
other legally recognized entity organized for the
purposes of making a profit.
88-322
ORDINANCE
IN CITY C9NCIL
July 211988
( TTILE,) Amending Charter I. Article b
Refer to eady Relations
to
let r
Received tat aim.
of the Ordinances of the City of
r
Bangor - Code of Ethics
- CIT LEY-C RR
IN CITY COUNCIL
Intruivai mtl ftisd BY
August 22, 1988
Passed by the following yes
iib A
and no votes. Councilors
= 1�
voting yes: Blanchette,
Cemx: (tman
England, Frankel. Sawyer,
n
Saxl, Shubert, Stone, Sullivan
tYi,ty�rysp
and Tilley.
(9'4RcLh K_
cxTe cceBR
-2-
2.3.1 Commission: Historic Preservation Commission.
2.3.2 Commission timber: Member or associate member of the
historic Preservation Commission.
2.4 immediate Family: Spuss, and the following when living in
the household of a Council member, Hoard
Member or Commission Member: children, parents, brothers
and sisters.
2.6 special Interest: A direct Or indirect interest having value
peculiar W a certain individual or group,
wk:ether econmnic or otherwise, which value may accrue W such
Individual or group as a result of the passage or denial of any
order, Ordinance O wluticn Or the approval or disapproval
thereof, by the CityrCeuncil, Hoard or Commission and which
interest is not shared by the general public.
(3) THAT section 3 be amended W read as follows:
Sec. 3 standards of Conduct. The purpose of this Code is to establish
ethical stamlards of conduct for all City
Councilors, Board Mm�bers amp CrnmiMIT Members by setting forth
those acts or actions deem N to be in wnflict Or incanistible, Or
W create the appearance of conflict or incompatibility, with the
Met interests of the City of fencer.
3.2 Contracts, Purchases and Employment. No City Councilor, Hoard
Member or Commission Member
shall participate directly by means of deliberation, approval or
disapprwal, or recommendation, in the purchase of goods am
services for the City, ami the award of any contracts with the
City, except as permitted miler the City's Purchasing Regulations
and wrier the laws of tie State of Maine, where W his knowledge
there is a financial interest, or special interest other than
that possessed by the public generally, in such purchase or
award, held by:
M City Councilor, Board Member or Cemnission Member shall participate
by means of deliberation, approval or disapproval, or recommendation,
In the decision W hire, promote, discipline, lay off or W take any
other personnel action in respect to any applicant for employment or
employee, as the case may be where said applicant or emphoyee is.
-3-
3.3 Disclosure of Confidential Information. No City Councilor Ward
Member or Commission
comber shall, without proper legal authorization, disclose
confidential information concerning the property, goverment or
affairs of the City; nor shall he use such information to advance
the financial or private interest of himself or others. for
purposes of this subsection, the term "confidential information"
shall mean any information, oral or written, lith comes to the
attention of, on is available to, such City Courrilct�rd
M=mber or Ca®issionpVrr only because of his or her position
w th the Crt� y, a;d is no[ a matter of public [ecoid. Information
received and discussed during an executive session of the sargor
City Council or any City Agency called pursuant to 1 MR 69 405
at seq. shall be considered within the constraints of this
section, and shall not he disclosed to any third party unless
permitted by affirmative vote of such body.
3.4 Gifts and Favors. as 0 ty Councilor, Board Member or Commission
Member shall ancept any valuable gift,
whether in the form of service, loan, thing or promise, from any
person ad/or business Mich to his knowledge is interested
directly or indirectly in any manner whaIrwever in business
dealings with the City; nor shall any City Councilor, Hoard
Member or Commission [Member: (1) accept any gift, favor or
thing of value that cards to influence him in the discharge of
his or her official duties; or (2) grant in the discharge of his
or her official duties any improper favor, service or thing of
value. nothing herein shall probibit the acceptance of gifts or
favors by City Councilors, Board Members or Commission Members
from toners of their immediate families.
3.6 Representing "ird Party Interest Before City Agencies. No City
Councilor
shall either appear on behalf of any third party interest before
any City agency, or represent a third party interest 1n any
action, preceeding, or litigation in which the City or ane of its
agencies is a party. morning herein stall prohibit a Councilor,
on behalf of a constituent in the course of his or her duties as
a representative of the electorate, orany Councilor, on behalf
of his or her personal interest, frrmappearing before a City
-4-
3.7 Conflicts of Interest. Be Qlty_cowcit Agenda Items.
(A) Deliberation and Vote Prohibited. Mo City councilor IWard
Manner or Nmiisson
Mather shall, in such caps ty, participate in the
deliberation or vote, or otherwise take part in the
decisiommakirg process, M any Rawer_City�cawcil agenda
itan before his or her collective body in Won he or a
member of his i>mwdiate Eerily has a financial or special
Interest, other than an interest held by the public
generally.
(B) Disclosure of Conflint. My City Councilor BoardMadner
or Ctmmlission MemMr colo LEllevea
that he or a m her of his iw iate fatily has a financial
or efeclal interest, other than an interest held by the
public generally, in any eagor-Eity`fnax-ii ageMa item
before his or her collative hdy, shall disclose the nature
ad extent of such interest, and The City Clerk or his
designee shall make a record of such disclosure.
Mditiomlly, any City Councilor, Hoard Matherm Crnmissim
Member who believes that any ¢thee fellow City Cooncilor,.
a�M a her or coanission [MJN)er, Ora member of such
oNteFEiEyE�vwailoe-'s fellow Ci[ Councilor's Board
Member's m Cam.issim Member's Simediate roily has a
financial or special interest, other than an interest held
by the pablic generally, in any agenda
item before his or her Collective body, shall disclose the
nature ad extent M�of such interest, and the City Clerk or
his designee shall make a record of soot disclosure.
(C) Determination of Conflict. ( aE Core the issue
of
conflict Gas teeninnatiated
relative to an individual City councilor. Hoard Member or
commission Member, and disclosure has been made as provided
above, therobher such individual's fellow City Councilors,
Hoard Manners of ¢a„nission tgmners shall vote on whether
or at such individualcN.y-Howeiler shall h: excused front
participating in the deliberation or vote, or otherwise
taking part in the dmisiommaking process, m the relevant
meda iter. Such individualf tyLow of shall he
excused only upon a vote Of the ro3ority of tke es.
coshes¢-a€-k1�6ikyfemiai-1 his or her fellow City
Councilors, Board MaMers or Cmm�issim Members that a
conflict of interea[ in fact exists.
(D) Personal Interest. Nothing herein shall be construed to
protibit my City Councilor, Board
Member or
interests yG appeaComnission Plmiber frun representing his ovm
personalring before his or ber
collective WdY Nona-City-Csawidbn any such agenda iter.
-5-
3.8 Disclosure Statement by City Councilors. Within fifteen (15)
days after each annual
municipal election, every City Comm:ilor sMIl file a oanpleted
disclosure form win the City Clerk_ eampleketdi�-forws
NNBr-01GYCGPkaifliGi iNe-f0%iBWln¢iflf0[RakiaFM1-ki ike hAnt
c€-0takmWeSgeamS 4e€: Within thirty (30) days after
his or her a intment, every O'Jard Member BIId every
Comfssion Member shall file a completed disclosure form with
the Cit Clerk. Such dis�closuee fo[ms shall be oder oath arcs
shall contain the fo iM in ormation to the best of rhe is -
closing party's knowledge aM belief:
3.8.1 the name of each person or entity, whether incorporated
or rot, doing business with the City in an amount in
excess of $1,000 during the preceding calendar year from
which such W Ieudisclosing party or member of his
mediate family has received nxney or other thing of
value i tent in ss of $1,000 during the pre-
ceding in
year, including, but net limited to,
cmpaign contributions where applicable.
3.8.2 the name of each entity, whether incorporated or not,
doing business with the City in an amount in excess of
$1,000 for preceding calendar year in whit such
gvmcilpvdiscicei party or manber of his im iate
family has a financial interest in as amount in excess
of $1,000, including, but rot limited to, the ownership
of shares of stock.
3.8.3 ne name of each nonprofit and/or for profit entity,
whether ircvrporaterl or not, for which such Gaumeilor-
disclosing party or m ber of his hu Bate family holds
a position of officer or member of any board. for each
such entity, each Cfty-GmrJlec disclosing party stall
provide the following information:
(b) a short summary of such 6ewcilec'cdisclosirg
party's or family manger's duties relative n my
shot board and/or office.
(d) whether or not such Qamcilocdiscloaing party or
family member receives ompereation for service on
such board and/or office and the extent to which
such compensation exceeds $100 in the aggregate
annually.
-6-
3.8.4 Every City Councilor, Board Penner and commission Member
shall maid his annual disclosure statement as may he
required from time to time to ensure the continued
accuracy thereof. fin won amendment shall be made
within fifteen (15) days following the occurrence which
requires the amendment.
3.8.5 The City Clerk shall deliver a copy of son completed
disclosure ata[emmt to every fellow member of the City
Council, p td or C" Wmine of each disciceim pazty
within thirty (30) days after the espiratim o£ the
filing period.
3.9 Political Activities.No city Councilor, Board Member or
0.mmisslm Nzmbe[ hall participate in
any political activity which mould be in conflict or intimmtible
win the pe[formmse of his or her official functions and duties
for the city. In conjunction therewith:
3.9.1 M City Councilor Board Member or Canmissim Member may
use his official authority or positron for the purposes
of influencing or interfering win or affecting ne
results of any election, nor shall he solicit funds or
contributions or accept or receive funds or contributions
fron City Omployees for political purposes. wo City
Councilor Board Member or camission Member may
distribute pamphlets or handbills w ile he of she is
pe[fonmha; their official functions and duties with the
City. Nothing berein shall he construed n prohibit any
City Councilor Bawd Member or Commission Member frm
participating ¢n the pclitical process in the i capacity
as private citizens.
3.10 Incsupatible Employment of Office. No city Councilor, Board
Mener or Camnisa'm P#Maer
shall occupy, any other office, elseor appointed, i any other
governmental entity, when the duties of such office az
incompatible win the proper discharge of his or her official
duties win the City. for purposes of this Cole, the occupancy
of my office, elected or appointed, win any other governmental
entity by my City Councilor, Board Neadae[ o< Cbvnission Msnber
is hereby prohibited in my me of the followg circumstances:
-I-
(4) MT Section 4, Subsection 4.6 be amended to read as follows:
4.6 Procedure. My City Councilor, Board manber or Commission
[tmWer seeking advice as W whether a particular
situation constitutes a violation of this Czdey shall first
submit a written statement in the form of a Cauncil Order
describing the nature of Me matter W the City Council. If
[be Council feels that an advisory opinion is necessary, it
shall adopt the Order, by majority vote, referring the matter
W the Wand. A tie vote on the Order shall also cause the
matter to be referred W CM stand. If the Board finds my
matter referred W it to nave been based upon allegations it
determines W have been frivolous, unfounded or win malice,
it shall M advise Ne Council. It is the purpose and intent
of Nis Cade W provide a mechanism by which all such matters
may be handled in an orderly and impartial fashion inauch a
manner as W protect the hest interest of the citizens of the
City of Bangor and the personal and private interests of its
City Councilors, Btard rvmbers and o muission Iamhers.