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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 of the City of Bangor be repealed, and replaced with the following: ARTICLE 6 - CODE OF EESECS Sec. 1 Declaration of Policy.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=