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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.