HomeMy WebLinkAbout1977-09-26 388 AE ORDINANCE88 AS
zenarfan
Intzo3uced by CWnc3los }Imo3mr9[at,6eptembez 26,'1977
_ CITY OF BANGOR
(TITLE) Mrb[3 =14 AmeadinsChapter 1. Article 6 of the Rraimaneas of_the.....
City of Bangor - Code of Ethics
_`_ .........-.... ........... .-. ................ .................
Be N ordaiud by fAe City CoaaoR of as City ofBaxgor, w(olknos:
THAT Chapter 1, Article 6 of the Ordinances. of the City of Bangor be repealed,
and replaced with the following:
ARTICLE 6 - CODE OF EESECS
Sec. 1 Declaration of Policy. The proper operation of democratic
government requires that city officials
and employees be fair, Impartial and responsive to the needs of
the people and each other in the performance of their respective
functions and duties; that decisions and policy be made in proper
Channels of the city's governmental structure; that public office
not be used simply for personal gain; and that such officials and
employees maintain a standard of conduct that will inspire public
confidence in the integrity of the city's government. In recog-
nitionof these goals, a Code of Ethics is hereby established for
all city officials and employees, whether elected or appointed,
paid or unpaid.
Sec. 2 Definitions.
2.1 Business: Any corporation, partnership, individual, sole
proprietorship, joint venture, orany other
legally recognized entity organized for the purposes of
making a profit.
2.2 City Agencies: Any City board, agency, coarshission, o
committee, composed of members appointed
by the Bangor City Council, except Cify Council committees,
the Bangor sousing Authority, Bangor Water District, and the
Bangor Recreation Genres
2.3 City Councilor: Member of the Bangor City Council.
INCITYCOUNCIL , 388 AN
'r Eeptemher 26, 1977 M.a=,ae.t .0 r+ce:..y. COUNOeFISUARY 27 19i8
notion to refer to code * Ordinance' ORDINANCE C der ext meeting
Review Committee and consider next . ('
weeting passed by the following ( TITLE0 Amenainn Chapter x Article 6 of
yea and no vote. Council=
voting yes: HWmdekaon,FLmi9m, CITY UENE
Gas$, McKernan, Soucy, 6 la the (nHvnances o£ f
lewd:ion and wrller., c lien -s - IN G`q`q`;,La*A,:' NAAR 19 bm,
voting n d Willey. Code of Ethics. d T WctGN PhSS&11-:=#IOVB?`1C
THE.QNESTION VOTE FIVE NO FONT YES
I bA�t amt ftiei 6y
VOTING. -N) HROMTAS:FINNIGAIiw GASSa
CITY CLERK MCXEHHRN,IJS1THlUTX, VOTIMG YES Sharp
SONL0.S WILI.EY:ZENOZIAN ANEAD TME
IN CITY 12,19COUNCI7 - (��yl ANAGRA P ._pAa�{ S Y89 4'NO VOTIrtG
October 12, ubst iLAM YE4EPK'GG VN6B SOIICY'NEYNOdf6r
Amended by substitution - NS rVO NO S{tONNTASj BINNIGA ,.
Con//a��idex next meeting. SOHLd4' $ENH2IAq ORIGINAL -AMENDMENT
//�.on a J � --+ • ✓ 3 2 �¢ $ 0R BPECIAL_INTEFSST
cxxx CLf& RTFE' NO VG'fING-NFT-=
ARC F,iNHiGAN SONGY `SOULAS;
IN CITY COV[CIL IN CITY COVICIL 2EN IfOTING YLM1' GA.So `MCKERNA'Ww
October 24, 1977 January 9, 1975�
. NEE .vk�1yZiILBY RMEPIb'AMENNAEN$
Received 2nd reading. Notion to refer < r February 13, 1978 NOP"l"+("� VCil'ING Y&$ GA55
back to code s Ordinance Review Commltte WEYMOUTH WELELR V. G BRnNTASR,
with a recommendation to eliminate all boards 2:�FINMf�pAN NCKERNAN SOUCY'S OVLAS
and commissions and to consider 1st meeting Cloy,CLERK ZENH2EAEw ]F,END- !'G4-LINli 3+�BLRfE3 71
in January passed by the following yes and no OR:SPRCIAL$FNI;EHF9hLwpTE:`1�Yp Z6 -NO -5
vote: Councilors voting yes: Brountas, Gass, IN Guar C13,, 1978 VOTING IE9!GAM MCNERNAN WILLEY
McKernan, soucy.ato 6oules. Councilors voting February 13, 19
an.Move the question by the following yes s VOTING NO SROUNTAS
r Finnigan, Henderson, w111ey and o reconsider,
vote: Councilors voting yes Gess FINIIIGAN SOUCY
After action on 3% AN motion made;to reconsider, SG Lts WEYMOUTH,
motion withdrawn. ' s mbseFinnigan,
n. CouSaucy,
Souors voting no: Browne, ZENffiLAN,
Finnigana Soucy, soulea, Weymouth, Willey, AMEND PG 2 2.5 LIN
1: LL: and zendzian. Amended by the following yea
- 1 OR INDIRECT
CI -
and no vote: cowcilozc opting yea: Bmunta ,VOTE FOUR YES FIVE
301. _- Gass. McKernan, Soucy, Weymouth and Willey. No VOTING YEN
Councilors votin' Councilors voting no: Pitmlgan. Sculas and
Byes: arountae, Gass, soulas, SAM NOXESNAN
zendzian.
city Amended in Sec. L, line 11 to x
Weymouth and Willey. ; :Cotincilnrs voting no: "all City CowcilYe" and by deleting "City WEYMOUTH WILLEY
F'wm' n, Ncxernen, 6oucy and Zendsian. FOTINGINNI NO SRUUNTAS
officials" dandeI the seat of the paragraph.th FINNIGAN,SOUCE,
Amended by da and
nnoavo of sec. 2,2 by the SOOLAS,ZENf1LIAN,
CI CIEIG( f0110 yea awW n vote; COWdlats voting
yes: Brwntas, Gas*, McKernan, SOucy, Weymvth
and Willey. Councilors voting 770: Fiwmigan, Son s
and Zendzian. Notion made to refer to Code Of
Ethics committee by the follwiwg yea eM m vo
_�
2.4 City Employee: Any individual working for, on a Constants
r temporary basis, and drawing a salary
it= the City Of Bangor, except employees of the School
Department. Me term city employee shall not include
consultants or special personnel providing services on a
short-term contractual basis.
2.5 City Official: Any person, whether paid or unpaid, elected
r appointed, except City employees and
school officials and employees, serving in any official
capacity In the government of the City of Bangor.
2.6 Immediate Family: Spouse, children, grandchildren, parents,
brothers and of stere.
2.7 Financial Interest: A direct or indirect Interest having
monetary or pecuniary value, including,
but not limited to, the ownership ofshares of stock.
Sec. 3 Standards of Conduct. The purpose of this Code is to establish ethical
standards df'-, conduct for all city 'officials and
employees by setting forth those acts or actions deemed by the City
Council to be in conflict p compatible, Or to create the appearance
of conflict or incompatibility, with the beat interests of the City
of Bangor.
3.1 Statutory Standards. There are
certain provisions Of the
general statutes of that State of Mine
which should, while not set forth herein, be considered a
integral part of this ordinance. Accordingly, the provisions
of the following sections of the general statutes of the State
Of Maine, as may be amended, are hereby incorporated by reference
and made a part Of this Code of ethics, and shall apply to all
city officials and employees of the City of Bangor whenever
applicable as 1 Eaore fully set forth herein, to wit:
5 RISE 914 Participation in Nonpartisan Affairs
17 MRSA 93104 Conflicts of Interest; Purchases
by the State
17-A MRSA §456 Tampering with Public Records of
Information
17-A MRSA §602 Bribery in Official and Political
Matters
17-A MRSA §603 Improper Influence
17-A MRSA §604 Improper Compensation for Past Action
17-AMRSA §605 Improper Gifts to Public Servants
17-A MRSA 5606 Improper Compensation for. Services
17-A HILA §607 Purchase of Public Office
17-A MRSA §608 Official Oppression
17-A MRSA 5609 Misuse of Information
17-A MRSA 5903 Misuse of entrusted Property
21 M&gA 5533 Persona Ineligible to Serve as
Election Officials
22 MRSA §451 Appointment of Health Officers
30 MRSA 82251 Conflicts of Interest
30 MRSA 54819 Interest of Public officials, Trustees
or Employees
3.2 Conflicts of Interesk. No city official or employee shall
participate directly by mans of
deliberation, approval or disapproval, or
recommendation, i
the purchase of goods and services for the City, and the award
Of any contracts with the City, except as permitted under the
City's Purchasing Regulations and under the laws of the State
of Maine, where to his knowledge there is a financial or special
interest, other than that possessed by the public generally, in
such purchase or award, held by:
3.21 himself or a member of his immediate family;
3.2.2 a business in which he or a member of his
Emaciate family s officer, director,
trustee, partner or employee r
3.2.3 any other person or business with whom he or a
manner of his immediate family are in business,
or are negotiating or have so arrangement can -
turning future employment
No city official or employee shall participate directly by
mans
rc
of deliberation, approval or disapproval, o m
osmWation,
in the decision to hire, promote, discipline, layoffor to
take my other personnel action in respect to any applicant for
employment or employee, as the case my be, where said applicant
or employee is:
3.2.4 a member of his iaediate family; or
3.2.5 a person with whom either he or a member of
his familiars family are in business.
3.3 Disclosure of Confidential Information. No city official o
employee shall, without
proper legal authorisation, disclose confidential information
concerning the property, goverment or affairs of the City; nor
shell heuch information to connote the financial or private
interestsuse
of hiaelf orothers. For purposesof this subsection,
the term "Confidentialinformation" shall mem any Information,
oral or written, which cases to the attention of, or is available
to, 5uch city official or employee only because of his or her
position with the City, and is not a matter of public record.
Information received and discussed during an executive
session of the Hangar City Council or any City Agency
called pursuant to 1 MRSA SW5 at seq. shall be
considered within the constraints Of this section, and
shell not be disclosed to my third party unless permitted
by affirmative vote of such body.
3.4 Gifts and favors. No City Councilor or employee shall accept
any valuable gift, whether in the form of
. loan, thing or promise, from any pec and/or business
which to his knowledge is interested directly
indirectly i
any sooner whatsoever in business dealings with the City; Car -
shall any city official or employee: (1) accept any gift, favor,
r thing of veins that may tend 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 prohibit the acceptance of gifts
r favors by city officials and employees from members of their
immediate families.
3.5 Use of City Property. No city official or employee shall use
r permit the use of any city -owned
property, including but not limited to, motor vehicles, equipment
and buildings, for any private purposes. Nothing herein shall
prohibit the rental of City buildings and equipment at rates and
terms as may be established.
3.6 Representing Third Party Inteiestabefore City Aeerofes. No City
Councilor
r employee shall either appear on behalf of any third party interest
before any City agency, or represent a third party interest in any
action, proceeding,0 r litigation in which the City o of its
agenciesis
a party.Nothing herein shall prohibit a cilor,
n behalf of 8 constituent in the course
Of his r her duties as
representative of the electorate,a any city official o
employee, on behalf of his or her personal interests, from appearing
before a City agency.
No other city official shall appear on behalf of any third
party Interest before any City agency of which said official,
member of his immediate family, or any person with when he
is in business, is a member.
3.7 Disclosure of Interests in Agenda Items. Any City Councilor who
b
of his immediate family has a financial elievel interest, Other
than an interest held by the public generally, in any proposed a
order, Ordinance or resolve on the agenda of the Bangor City
Council, shall disclose the nature and extent of such interest,
and have it recorded by the Clerk on the City records for such
item. Any other city official or employee who believes he or a
i®her of his edlate family has a financial o special
ims
nterest, other than that held by the public generally, in
any proposed order, ordinance rsolve on the agenda of
the Bangor City Council, orthe agenda of any other City
agency, shall disclose and have the nature and extent of
such interest placed on the records of the City for such
item where:
3.7.1 such city official or euployee participates in
the deliberations with the City Council or any
City agency on such item: or
3.7.2 such city official or employee, i.e., the City
Solicitor, is requested to give anOfficial
opinion regarding the same.
Mee each disclosure has been ride, such city official o
eoployee shall refrain aM shall be relieved, in the discretion
of the other members of the Council or City agency, from voting
or otherwise participating in the deliberations and decision-
anking pro such item. Nothing herein shall be const rued
to prohibit any city official or Pop loyee from representing his
own personal interests in any such it®.
3.8,.: Disclosure $tat ment by City Councilors and EmployEvery
City
Councilor or employee of the City shall file with the City Clerk
within thirty (30) days after the effective date of this ordinance,
and during the month of April during each calendar year thereafter,
written statment under oath containing the fallowing iafammtion,
to the best of his or her knowledge and belief:
3.8.1 Me mme of eachpercent or business doing business
,w_i " the City frog which such councilor or employee
member of his mediate featly has received money
or other thing of value in an mount in excess
of
$1,000 during the precedingcalendar year, including
campaign contributions.
3.8.2 Me mas of arty business doing business with the
City in which such councilor or employee or a member
of his ineedfate featly has a direct financial
interest in excess of $1,000.
3.8.3 the n of any business doing business with the
City inrewhich such councilor oremployee, 'o mmber
of his irradiate family, holdsa position of officer
at member of the governing board, sod the title of each
each position held.
Per purposes of this Cade, a list prepared by the Finance Director
of those .persons or businesses doing business with the City for the
preceding calendar year shall be determinative' lot purposes
of reporting under this section. Income from, and financial
Investments in, policies of insurance, and deposits and
accounts from commercial or savings banks, savings and loan
soclation% or credit unions shall not be considered to be
afinancial Interest within the meaning of this section.
3.9 Political Activities. No city official oremployee shall
participate in any political activity
which would be in conflict or incompatible with the performance
of his or her official functions and duties £➢5', the City. In
conjunction therewfM:
3.9.1 No city official or employee 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 contributims
or accept or
receive funds o contributions from city
employees for political Purposes. No city official
or employee may distribute pamphlets or handbills,
during ordinary working hours and/or during such times
while hershe a performing their official functions
®end duties with the City. Nothing herein shall be
construed to prohibit any city official or employee
from participating in the political process during
off-duty hours and in their capacities as private
citizens.
3.9.2 All employees covered by the restrictions of the
Federal Hatch Act, so called, shall be subject to
its provisions. Where such provisions ire
restrictive than the pro contained herein ,
such additional restrictionsshallapply.
3.10 Inco®atible kmolovment•.or Office. No City Councilor or employee
shall occupy any other office,
elected or appointed, In any other governmental entity, when the
duties Of such office are incompatible with the proper discharge
of his or her official duties with the City, or would tend to
impair his or her independence, judgment, or action in the perfao-
ocof such additional duties. For purposes of this Code, the
cupancy of any office, elected or appointed, with any other
governmental entity by any City Councilor or employee is hereby
prohibited In any one of the following circumstances;
3.10.1 Mere the duties of the other office make it a
physical impossibility to discharge the duties
of the City position; or
3.10.2 where one office is subordinate to the other or
3.10.3
where one
office
carries
the
power
of
removal
of
the other
Or
3.10.4 where the occupancy of both offices is otherwise
prohibited by law.
See. 4 Board of Ethics.
4.1 Beard Of Ethics Established. There is hereby created and
established a Board of Ethics
consisting of five (5) members appointed by the City Council.
All members shall be Lay members of the public.
4.2 Tums. Ali members shall be appointed for terms of four (4)
years each, except in the first instance the terms of
three (3) members shall be for single terms of one (1), two
(2), three (3) years and two members for four (4) years each.
Each member shall serve until his successor is appointed.
4.3 Other Offices Prohibited. No member of the Board shall hold
any other city office or position
r be the member of any city agency to which the City Council
shall have appointing authority.
4.4 Procedures and Records. The Board, upon its formation, shall
promulgate its own rules as t0 its
procedures, aM shall at all times maintain in the office of
the City Clerk appropriate records of its Opinions and
proceedings.
4,5 Duties. The Board shall 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
activities to only those matters which ha A been previously
referred to it by vote of the City Council. Any city councilor
or other city official, or any city employee, seeking advice
as to whether a particular situation constitutes a violation
of this Code shall first submit a written statement describing
the nature of the matter to the City Council. If the Council, i
its sole discretion, feels chat an advisory opinion is necessary,
e
it shell then refer the matter to the Board, if the Board finds
any matter. elected to it t0 have been based upon allegations it
determines to have been frivolous, unfoundedorwith 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 eW Impartial fashion insuch a answer as
to protect the best interests of the classes of the City of Bangor
and the personal add private interests of Ica city of ficials and
employees. The Board shall also perform such other duties as may
be prescribed from time to time by the City Council.
Sec. 5 Penalties. Io addition to any other penalties or renedies as may
be provided by lav, violation of this Code shall
constitute cause for soap maim, censure,val from office,
r employment, or such other disciplinary action, after notice and
hearing conducted by the applicable appointing authority. In the
case of a City Councilor, the only remedy shall be censure. In such
cases. a majority of Ne Bangor City Council shall conduct such
proceedings.
Sec. 6 Distribution of Code of Ethics. The Personnel Director shall cause
copy of this Code of ethics to
be distributed to every city official and epployee within thirty
(30) days after am [went. Each city official and ®ployee elected,
appointed or engaged thereafter shall be furnished a copy before
beginning the duties of his office or erployment.
Sac. ] Separability. If any section, subsection, sentence, clause o
phrase of this Code is for any reamon held tobe
invalid orunconstitutional, such invalidity o unconstitutionality
shall not affect the validity Or constitutionality of the rmai ing
portions of this Code.
86 Be
Introduced by Councilor benderaon, September 2¢, len
CITY OF BANGOR
MTLE) tAYTD[[IkIitCPy _Muapdtag. chapter E. Article .6 of the.OxdAaancas vi the...
City of Bangor - Code of Ethics
__. .........
Be it ordained by the City.CounnQ offbs City of Bragger. as f )kms
THAT Chapter I, Article 6 of the Ordinances of the City of Bangor be repealed
and replaced with the following:
ARTICLE 6 - COE OF ETHICS
Sec. 1 Declaration of Policy. The proper operation of democratic.
government requires that city officials
dmdmsswi� be fair, impartial and responsive to the needs of
the people and each other in the performance of their respective
functions and duties; that decisions and policy be made in proper
channels of the city's governmental structure; that public office
t be used simply for personal gain; and that such officials eat&
sappl T maintain a standard of conduct that will inspire public
confidence
n the integrity of the city's goy rment. In recog-
nition
cog-
nition ofthese goals, a Cade of Ethics is hereby established for
all city officials%an$ i exsrer� ehether elected or'appolnted,
paid or unpaid.
in
Sec. 2 Definitions.
2.1 Business: Any corporation, partnership, individual, sole
proprietorship, joint venture, orany other
legally recognized entity organized for the purposes of
making a profit. -
2.2 City Agencies: Any City board, agency, commission, o
committee, composed of members appointed
by the Bangor City Council, except es iMMMMMPMMM& A
the Bangor Rousing Authority, Bangor Water District, and the
Bangor Recreation Center.
2.3 City Councilor: Member of the Bangor City Connell.
2.4 City Employee: .Any individual working for, on a permanent
r temporary basis, and drawing a salary
from the City of Bangor, except employees of the School
Department. The term 'city employee" shall not include
consultants or special personnel providing services on a
_ yhort.cermMy pebasis,_______
2.5 City Official: Any person serving as a Board,
t of the City
Historic
Council, Me planting Boazd, the Hoard of
Appeals, the Historic vaCommission, the Sign Review
Committee, thokYHealth and HospitlCommittee,
the investment Advisory Committee, or the Housing Appeals Boa
id.
2.6 I®,edihte Family: Spouse, children, grandchildren, patents,
brothers and neteza.
2.7 Financial Interest: A direct or Indirect Interest having
nary or pecuniary value, including,
but not limited to, the ownership of shares of stock.
Sec. 3 Standards of Conduct. The purpose of this Code is to establish ethical
standards of conduct for all city officials
do it by setting forth those acts or actions deemed by the City
Council to be in conflict or incompatible, or to create the appearance
of conflict or incompatibility, with the best interests of the City
of Bangor.
3.1 Statutory Standards. There are
certain provisions of the
general statutes of the State of Maine
which should, while not set forth herein, be considered a
integral part of this ordinance. Accordingly, the provisions
of the following sections of the general statutes of the State
of Maine, as may be amended, are hereby incorporated by reference
and made a part of this Code of Ethics, and shall apply to all
city officials waNnapilg of the City of Bangor whenever
applicable as ff more fully set forth herein, to wits
5 MRSA §14 Participation in Nonpartisan Affairs
17 MRSA §3104 Conflicts of Interesq Purchases
by the State
17-A HERA §456 Tampering with Public Records of
Information
17-A [41SA §602 Bribery in Official and Political
Natters
17-A MRSA §603 Improper Influence
17-A MRSA §604 Improper Compensation for Past Action
17-A l9LSA §605 Improper Gifts to Public Servants
17-A MRSA §606 Improper Compensation for Services
17-A MRSA 5607 Purchase of Public Office
17-A MRSA §608 Official Oppression
17-A MRSA §609. Manse of Information
3
17-A MRSA 5903 Misuse of Entrusted Property
21 MA 5533 Persons Ineligible to Serve as
Election Officials
mitf515�terest�!
30 MRSA. 52251 Cc
vfiicts of Interest
30 MRSA 54819 Interest of Public Officials, Trustees
or Employees
3.2 Conflicts of Interest. No city official quMMOM"m shall
participate directly by means of
deliberation, approval or disapproval, or
recommendation, in
the purchase of goods and services for the City, and the award
of any contracts with the City, except as permitted under the
City's Purchasing Regulations anA under the lava of the State
of Maine, where to his knowledge there is a financial or special
interest, other than that poe sed by the public generally, in
such purchase or award, held by
3.2.1 himself or a member of his immediate family;
3.2.2 a business in which be or a member of his
immediate family s officer, director,
trustee, partner or employee; or
3.2.3 any other person
r business with whom he or a
member of his immediate family are in business,
or are negotiating or have an arrangement con-
erning future employment.
NO city Official 0100MUM shall participate directly by
means of deliberation, approval of disapproval, o commendation,
inthe decision to hire, promote, discipline, lay off or to
take any other personnel action in
respect to my applicant for
employment or employee, as the case may be, where said applicant
or employee is:
3.2.4 a member of his 1nmdiate family; or
3.2.5 a person with whom either he or a member of
his immediate family are in business.
3.3 Disclosure of Confidential. Information. No city official •
jjjo� shall, without
proper legal authorization, disclose confidential information
ming the property, government o affairs of the City( nor
shall heuch Information to advance the financial or private
interestsuse
of himself orothers. For purposesof this subsection,
the term "confidential information" shall mean
any information,
oral o written, which comes to the attention of, or is available
to, such city official 4101001nagggossonly because of his or her
_position with the City, and is not a matter of Public record.
Information received and discussed during anacutive
session of the combat City Council o any City Agency
called pursuant to 1 MRSA 45405 et seq. shall be
considered within the Constraints of this section, and
shall not be disclosed to any third party unless permitted
by affirmative vote of such body.
3.4 Gifts and Favors. No City Councilor emmwpj� shall accept
any valuable gift, whether in the form of
service, loan, thing or promise, from any per end/or business
which to his knowledge i interested directly or indirectly in
any mention whatsoever in business dealings with the City; nor
shallany city official amosifffillIM (1) accept any gift, favor,
or thing of value that may tend to influence him in the discharge
of his or hex 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 prohibit the acceptance of gifts
r favors by city officials m��frommembers of their
immediate families.
3.5 Use of City Property. No city official souNNNSIMM shall use
r permit the use
of any city -owned
property, including but not limited to, motor vehicles, equipment
and buildings, for ny private purposes. Nothing herein shall
prohibit ¢M1e of City buildings and equipment at rates and/e a"w
teams as may be established.
3.6 Representing Third Party Interestabefore City Agencies. No City
Councilor
oshall either appear on behalf of any third party interest
before any City agency. or represent a third party interest in any
action, proceeding, or litigation in which the City or one of its
agencies
is
a party. Nothing herein shall prohibit a ncilor,
on behalf of a constituent in the c of .his or her duties a
representative of the electorate, or any city official+•
ojgjjj� on behalf of hisor her personal interests, from appearing
before a City agency.
No other city official shall appear on behalf of any third
party Interest before any City agency of which said official,
member of his immediate family, or any person with wham he
Is in business, is a member.
3.7 Disclosure of Interests in Agenda Items. Any City Councilor who
believes he or a member
of his immediate family has a financial or special interest, other
than aninterest held by the public generally, in any proposed
order, ordinance or resolve on the agenda of the Bangor City
Council, shall disclose the nature and extent of such interest,
and have it recorded by the Clerk on the City records for such
item. Any other city official smmwpftt who believes he or a
member of his immediate family has a financial or special
interest, other than that held by the public generally, if
r -
any proposed order, ordinance o solve on the agenda of
the Bangor City Council, or the needs of any other City
agency, shall disclose and have the nature and extent of
such interest placed on the records of the City for such
item where:
3.7.1 such city official ememfi t participates in
the deliberations with the City Council or any
City agency on such Item; or
3.7.2 such city officialli��
is requested to give an official
opinion regarding the same.
Once such disclosure has been made, such city official aw
dam! shall refrain and shall be relieved, in the discretion
of the other members of the Council or City agency, from voting
or otherwise participating in the deliberations and decision-
making process on such Lias. Nothing herein shall be construed
to prohibit any city official vxsmMMW� from representing his
own personal interests in any such item. -
3.8 Disclosure Statement by City Councilors. nv ry City Councilor
shall file with the
City Clerk within thirty (30) days after the effective date of this
Ordinance, and during the worth Of April during each calendar year
thereafter, a written statement under oath containing the following
information, to the best of his or her knowledge and belief:
3.8.1 The ease of each person of business doing business
with the City in an amount in a of $1,00o
during the preceding Calendar year from which such
cou,Qil,r or a member of his immediate family has
received money or ether thing of value inn turner
in of $1,000 during the preceding calendar
yea, excess including campaign Contributions.
3.8.3 The came of any business doing business with the
- City inan ascent iexcess of $1,000 for the pre -
coding calendar year in which such councilor or a
member of his immediate family has a direct financial
interest in an amount in excess of $1,0Oo.
3.8.3 The name of any business doing business with the
City inan moant'in excess
ngof $1,000 during the pre-
cedicalendar year in such councilor or a
member of his immediate family holds a position of
officer or number of the governing board, and the title
of each such position held.
Act purposes of this Cede, a list prepared by the finance Director
of those persons or businesses doing business with the City in an
cannot an excess of $1,000 for the
preceding calendar year shall be deteralnative for purposes
of reporting under this section. Interne from, and financial
n
investments i , policies of insurance, and deposits and
accounts fromcomserrial or savings banks, savings and loan
associations, or credit unions shall not be considered to be
afinancial interest within the meaning of this section.
3.9 Political Activities. No city official shallactivity
participate in
any political Performers
which would be
Oficial o tions add d ties the performance of his or her
official functions and duties for the City. In conjunction
therewith -
3.9,1 No city official may use his official authority
or position for the purposes of influencing or
interfering with or affecting the results of
any election, or shall be solicit funds o
ontributiora or accept or e foods o
contributions £romcity erployees for political
purposes, No city official may distribute
pamphlets or handbills while he or she is
performing their official functions and duties
with the City. Nothing herein shall be Construed
to prohibit any city official free participating
n the political process in their capacity as
private citizens.
3.10 Incompatible Smalovment or Office.- No City Councilor mtmmespOhNJR
shall occupy any other office,
elected or appointed, In any other govenmental entity, when the
duties of such office are imompatible with the proper discharge
of his or her official duties with the City, or would tend to
repair his or her independence, judgment, or action in the perfor-
aware such additional duties. For purposes of this Code, the
occupancy of any office,elected o appointed, with any other
gmrernowncal entity bany City Councilor aPawASNOW is hereby
prohibited in any one of the following circumstances:
3.10.1 where the duties of the other office make It a
physical Impossibility, to discharge the duties
of the City position; or
3.10.2 where ane office is subordinate to the other; or
3.10.3 where one office carries the power of ramveL of
the other; or -
3.10.4 where the occupancy of both offices is otherwise
prohibited by law.
Sec. 4 Board of Ethics
4.1 Board of Ethics Established. There is hereby created and
established a Board of Ethics
conei6ting of five (5) members appointed by the City Council.
4.2 Terms. All members shall be appointed for terms of four (4)
years each, except in the first instance the terms of
three (3) members shall be for single terms of one (1), two
(2), three (3) years and two members for four (4) years each.
Each member shall serve until his successor is appointed.
4.3 other Offices Prohibited. No member of the Board shall hold
any other city office or position
r be the member of any city agency to which the City Council
shall have appointing authority.
4.4 procedures am Records. The Board, upon its formation, shall
establish such rules as may be necessary
to govern its procedures. How such rules shall not become
effective until approved by majoritvote of the City Cwecil.
In addition, the Board shall at all times maintain in the office
of the City Clerk appropriate records of its opinions and
proceedings.
4.5 Duties.. The Board shall render advisory opinions to the City
Council when tbere 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
Only to those matters and facts previously referred to it hy
. .- Majorityvote of the City Council: it being the intent of the
Council that the Board not function in an iervestigatory ma
My city councilor or
seeking city official eking advice as to
whether a particular
situation constitutes a violation of this
Code shall first submit a written statement describing the nature
of the mwtter.So'the-City Council. If the Council, in its sole
discretion, feels that an advisory opinion
is
necessary, it shall
then refer the matter to the Board. IftheBoardfnds any matter
referred to it to have been based upon allegations it determines
to have been frivolous, unfounded or with malice, it shall s
advise the Council. It is the purpose and intent of this Cole
to provide a mechanism by which all such matters may be handled
in an
orderly and impartial fashion in such a s to protect
the best interests of the citizens of the City Of Bangor and the
personal and private interests of its city officials. The Amid
shall also perform such Other duties as may be prescribed from
time to time by the City Council.
I
J
Sec. 5 penalties. In addition to any other penalties or renedies as may
be provided by law, violation of this Code shall
constitute cause for suspension, c val ftom office,
��P,sor such other discipl�f ter notice and
hearing conducted by the Ilr� In the
case of a City Councilor, the only remedy shall be censure. In such
cases, a molarity of the gouger City Council shall .conduct such
proceedings.
C"7y ieK/(
Sec.6 Distribution of Code of Ethics. The shall cause
copy of this Code of Ethics to
be distributed to every city official yam^ within thirty
(]o) days after enactment. Each city official dnismph� elected,
appointed or engaged thereafter shall be furnished a copy before -
beginning the duties of iWl�/�l�t^Y. �,: s N .�. /Q afci� e.
Sec. ] Separability. If any section, subsection, sentence, clause o
phrase of this Code is for any reason held to be
invalid or
unconstitutional, such invalidity p unconstitutionality
shall not affect the validity or constitutionality of the raining
portions of this Code.
Baader, the renter of Maine-the Catovey to those's North Woods and Seashore Resorts
7
a
C.,. Coo a
GIdg of Pangor, c�T'HIIu
o-
�J
mM no
tweeter 14, 1977
M. City Officials
FROM: Alvaro Syard, City Clerk
RE: Council Ordinance 388 AS ,
Attached is a copy of a rough draft of the latest version of
a p[OpQs?d ted di A�thlcs'ckdikS fOi�sjt. ticy ;JF Berger.
as presently written, those city officials listed in Section
2.5 would be affected by the ordinance.
Phis ordinance will be in order for final passage at the next
regular meeting of the City Council which will be held
October 24, 1977.
See. I{.Art. 6
1-Sec. 9.1
- CHAPTER I -
* ARTICLE 6 - CODE OF ETHICS
Sec. 1 Declaration of Policy. The proper operation of democratic government requires
that city councilors be fair, impartial and responsive
to the needs of the people and eadb other in the performance of their respective
functions and duties; that decisidns and policy be made in proper channels of
the City's governmental structure; that public office not be used simply far -'
personal gain; and that such councilors maintain a standard of conduct that
will inspire public confidence in the integrity of the City's-government. In
recognition of these goals, a Code of Ethics is hereby established for an City
Councilors.,
Sec. 2: Definitions.
2.1 Business: Any corporation, partnership, individual, sole proprietorship,
joint venture, or any other legally recognized entity organized
for the purposes of making a profit.
2.2 City Councilor: Member of the Bangor City Council.
2.5 City Employee: Any individual working for, on a permanent or temporary
basis, and drawing a salary from the City of Bangor, ex
sept employees of the School Department The term "city employee" shall
not include consultants or special personnel providing serviceson.a abort-
term contractual basis.
2.4 Immediate Family: Spouse, and the following when living in the bouseheld
of a Council member: children, parents, brothers. and
sisters.,
2.5 Financial Interest: A direct or indirect interest having monetary -oz
pecuniary value, including, but not limited to, the
ownerabip of shares of stock.
2.6 Special Interest: A. person at group having an interest in a particular
part of the economy and receiving or seeking special
advantages therein afterto the detriment of the general public.
(Page 1116 - Webster's New Collegiate Dictionary, Stb in service, copy-
right 1975.)
Sec. S Standards of Conduct. The purpose of this Code is to establish ethical standards
of conduct for all City Councilors by setting forth those
acts at actions deemed to be in conflict or incompatible, or tb create the
appearance of conflict or incompatibility, with the beet interests of the City
of Bangor.
-8.1 Statutory -Standards. There are certain provisions of the general statutes
of the State of Maine wbich should, while not set
forth herein, be considered an integral part of this Ordinance. Accord-
ingly, the provisions of the fallowing sections of the general statutes
of the State of Maine, as may be amended, are hereby incorporated by re-
ference and made a part of this Code of Ethics, and shall apply to all
City Councilors of the City of Bangor wbenever applicable as if more
fully set forth herein, to wit:
17 MRSA $ 8104 Conflicts of Interesq Purchases by the State
17-A MRSA d 456 Tampering with Public Records of Information
* Amended Merck 18, 1978 -1-
Ch. 1; Art. 6
Sec. 3.1-3.3
174'MRSA § 602 Bribery in Official and Political Matters
17-A MRSA W 603 Improper Influence -
17� MRSA S 604 Improper Compensation for Past Action
17-A MRSA § 605 Improper Gifts to Public Servants
174 MRSA p 606 Improper Compensation for Services
17-A MRSA § 607 Purchase of Public Office
17-A MESA § 609 Official Opression
17-A MESA p 609 Misuse of Information
17-A MRSA a 903 Misuse of Entrusted Property
21 Nk81r§ 533 Persons Ineligible to Serve as Election Officials
30 MRSA § 2251 Conflicts of Interest
30 MRSA § 4619 Interest of Public Officials, Trustees or Employees
3.2 Conflicts of Interest. No City Councilor shall participate directly by
of deliberation, approval or disapproval,
r recommendatisn, in the epurchase of goods and services for the City, and
theaward of any contracts with the City, arcept as permitted under the
City's Purchasing Regulations and under the laws of the State of Maine,
where to 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:
3.2.1 himself or a member of his immediate family;
3.2.2 a business in which be ox a member of his immediate family se
as an officer, director, trustee, partner or employee in a super -
vinery or management position; or
3.2.3 any other person or business with whom he am a mother of his
immediate family are in business,, or are negotiationg or have an
arrangement concerning future employment.
No City Councilor shall participate by means of deliberation, approval or dis-
approval, or recommendation, in the decision to hire, promote, discipline, lay
off or to take any other personnel action in respect to any applicant for
employment or employee, as the case. may be, where said applicant or employee
is:3.2.4 a member of hisimmediate family; ox -
3.3
3.2.5 A person with whom either he or a member of bis immediate family
are in business.
Disclosure of Confidential Information. No City Councilor shall, without
proper legal authorisation, dis-
close confidential information concerning the property, government or affairs
of the City; nor shall he use suchinformationto advance thd'finaneial. or
private interests of himself or others. For purposes of this subsection,
the term 'confidential information" shall mean any information, oral or
written, which comes to the attention of, ex is available to, such City
Count ler only because of hisorbox position with the City, and is not
-2-
Ch. I; Art. 6
Sec. 3.3-3.0.1
matter of public record. Information received and discussed during
an executive session of the Bangor City Council or any City Agency called
pursuant to 1 MRSA g g 405 at seq. shall be considered within the can -
strains of this section, and shall not be disclosed to any third party
unless permitted by affirmative vote of such body.
3.4. Gifts and Favors. No City Councilor shall accept any valuable gift,
Nether in the farm of service, lean, thing or premise,
from any person and/or business which to his knowledge is interested
directly or indirectly in any mourner whatsoever in business dealings
with the City; nor shall any City Councilor: (1) accept any gift, favor
cr thing of value that tends to influence bim in the discharge of his
r 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 prohibit the acceptance of gifts or favors by City Councilors
frim members of their dmaadiate families.
3.5 Use of City Property. No City Councilor shall we or permit the we of
any City -awned property, including but not limited
to, motor vebieles, equipment and buildings, for any private purposes.
Nothing herein -shall prohibit the use of City buildings and equipment
at rates and/or on terms as may be established.
3.6 Representing Third Party Interests before City Agencies. No City Coun-
cilar shall
either appear on behalf of any third party interest before any City
agency, or represent a third party interest in any action, proceeding,
r litigationin which the City or am of its agencies is a party. No-
thing herein shall prohibit a Councilor, on behalf of a constituent in
the course of his or bar duties as a representative of the electorate,
or any councilor, on behalf of his or bar perse:al interests, from
appearing before a City agency.
3.7 Disclosure of Interests in Agenda Items. Any City Councilor who be-
lieves he or a member of his
immediate family has a financial or special interest, other than ans -
terest held by the public generally, in any proposed order, ordinance
or resolve on the agenda of the Hangar City Council, shall disclose the
nature and extent of such interest, and have it recorded by the Clerk
on the City records for such item.
Here such disclosure has been made, such City Councilor shall refrain
and shall be relieved, in the discretion of the other members of the
Council, from voting or otherwise participating in the deliberations
and decision-making process on such item. Nothing herein shall be can -
steed to prohibit any City Councilor from representing his own personal
interests in any such item.
3.8 Disclosure Statement by City Councilors. Every City Councilor shall
file with the City Clerk
within thirty .(30) days _after the effective date of this ordinates, and
during the month of April during each calendar year thereafter, a writ-
ten statement under each containing the fallowing information, to the
best of his or her knowledge and belief:
3.8.1 The came of sea person or business doing business with the City
in an amount in exdedd of $1,000 during the preceding calendar
yearfrom which. well Councilor or a member tef,.hd§eapmediate
family has received money or other thing 0f value in an amount
in a of $1,000 during the preceding calendar year, including
campaign contributions.
-3-
D. I;. Art. b
Sec. 3.8.2J.2
3.8.2 The name of any business doing business with the City in an
amount in excess of $1,080 for the preceding calendar year in
which such Councilor or a member of his immediate family has_a
direct financial interest in an amount in excess of $1,000.
3.8.3 The none o£ any business doing business with the City inamount
in excess of $1,000 during the preceding calendar year in which
such Councilor or a member of his immediate family holds a posi-
tion of officer or member of the governing board, and the title
of each such position held.
For purposes of this Cede, a list prepared by the Finance Directer of those
persons or businesses doing business with the City in an amount in excess of
$1,000 for the preceding calendar yearshall be determinative for purposes of
reporting under this bectiom' Income from, and financial i estments_i
policies of insurance, and deposits and accounts -from commercial or savings
banks, savings and leap associations, or credit unions shall net heconsidered
to be a financial- interest within the meaning of this section.
3.9 Political Activities. No City Councilor shall participate in any political
'activity which would be in conflict or incompatible
with the performance of his or bar official functions and duties for the
City." In conjunction therewith:
3.9.1 No City Councilor may use his official authority or position for
the purposes of influencing or interfering with or affecting the
sults of any election, nor shall he solicit funds or ontribuf
tions or accept o receive funds o contributions from City -empipyees
for political purposes. Ne City Councilor may distribute pamphlets
or handbills while he or she is pvmfoxming their official functions
and duties with. the City. Nothing herein shall be construed to pro-
hibit any City councilor from. participating in the political process
n their capacity as private citizens.
3.10 Incompatible Emplpymmnt or Office. No City Councilor shall occupy any
other office, elected or appefnted,
n any other governmental entity, when the duties of such office are in-
compatible with the proper discharge of his, or hex official duties with
the City. Far purposes of this code, the occupancy of any office, elected
or appointed, with any other governmental entity by any City Councilor is
hereby probibited in any one of the following eircuastances:
3.10.1 where the duties of the other office make it a, physical impossibility
to discharge the duties of the City position; or
3.10.2 where one office is subordinate to the ether; or
3.10.3 where one office carries the power of removal of the other; or
3.10.4 where the occupancy of both offices is otherwise prohibited by law.
Bee. 4 Board of Ethics.
4.1 Board of Ethics Established. There is herby Created and established a
Board of Ethics consisting of five (8)
members appointed by the City Council.
4.2 Terms. All members shall be appointed for terms of four (4) years each,
-4-
Ch. I; Art. 6
See. 4.2 -Sec. 6
except in the first 'instance theterms of three (3) members shall be for li
single terms of one (1), two (3), three (3) years and too members for
four (4) years each. ,Each member shall serve until bis successor i .
'appointed.
4.3 Other Offices Prohibited. He member of the Board shall, held anyotherCity
office er position or be the member of any City
.agency m which the City Council shall have appointing 'authority..
- 4.4 procedures and Records. The Board, upon its formation; shall establish such
rules as may benecessary to govern'its procedures.
However, & rules shall not become effective until. approved:by jmajority
oto of the City Council. In addition; the Board shall at all.. times main-
tain in the office of the City Clerk appropriate records of its opinions.
and proceedings.
4.5 Duties. The Board shall render advisory opinions to the City Council when
there is doubt as to the applicability of any provisions of this
Cade to any particular situation. In the performance of its duties, the
Board shall limit .its review only to those matters and facts yrevionsly
referred to it by majority vote of the City Council; it being theintent of
the Council that the Beard not function in an investigatory mam4er::
4.6 Initiation of Procedure. Any City Councilor seeking advice as te, whether
a.. particular situation constitutes a violation
of this Cede shall first Submit written statement describing the nature
of the matter to the City Council.. If the Council, in its, sole discretion,
feels that an advisory opinion is necessary, it shall then refer the matter
to the Board. If the Board finds any matter 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 mecbanism by Srhicb all such matters_may be handled
in n "orderly and impartial fashion in such a manner as to protect the best
interests of the citizens of the City of Bangor and the personal and private
interests of its City CBuuciloTs. The Board shall also perform such other
duties as may be prescribed from tilde to 'time by the City Council.
See. 5 Penalties. In addition to any ether penalties or remedies as may be provided
by law, violation of this Code shall constitute cause for censure,
after notice and bearing conducted by the City Council. A majority of the Bangor
City Council shall conduct such preceedings. -
Sec. 6 Separability. If any section, subsection, sentence, clause or pbrase of this
Cada 16 rer any reason held to be invalid at unconstitutional,
such invalidity or uncenstitutionality shall not affect the validity or 'eonsti-
nationality of the remaining portions of this Code.
-5-
388 AE NARCH 13, 1978 CONTINUED
AMEND AG 3 3.4 4th LINE OR INDIRECTLY
VOTE 4 YES 5 NO VOTING YES LASS
NCKNSNAN, WEYMOUTH, WILIET,
VOTING NO BROUNTAS FINNIGAN,
SWCY SWLAS ZNN➢ZIAN,
AMEND BY ADDING 2.6 DEFINITION OF SPECIAL
INTERNET - A PERSON OR GROUP HAVING AN INTEREST
IN A PARTICULAR PART OF THE ECONOXY ANP HECEIVING
OR SEEKING SPECIAL ADVANTAGES THERE IN OFTEN TO
THE DETRINElNT OF THE GEMAL PUBLIC
P. 1116 41EBSTERS'NW COIIEGIATE DICTIONARY
PASSED VOTE 6 YES 3 NO VOTING YES BROUNTAS
GASS SOUCY SOULAS WEYMOUTH WILTEY
VOTING NO FINNIGAN MCKEHNAN ZENDZIAN
VOTE IMSTINITE POSTPUMNEN'T 3 YES 6 NO
VOTING YES GASS M EETRAN WILLEY
VOTING NO BROUNTAS FINNIGAN SOUCY SOULAS
WEYMOUTH ZENDZIAN
VOTE UNLESS DOUBTED
PASSED DECLARATION POLICY SEC1
20 SENTENCE OFFICIAL TO COUNCILLOR
7m LINE OFFICIALS TO COUNCIL RS
PG 3 3.4 6TH LINE OFFICIAL TO COUNCILOR
]AST' LINE OFFICIALS TO COUNCILORS
PC 4 3.6 LINE 7 OFFICIAL TO COUNCILOR
NONE THE QUESTION VOTE HIM IRS
PASSED AS ANENOED VOTE SI% YES
3 NO VOTING YES BRWNN'AS FINNIGAN SOUCY
SOUTAS WEYMOUTH ZENOZIAN VOTING NO
GASS MCKERNAN WI=