HomeMy WebLinkAbout1976-03-08 160 AD ORDINANCE160 AD
Introduced by Councilor Henderson, March 8, 1976
_ CITY OF BANGOR
(TITLE,) Orb-MZtjjCQo Amending,CM1ap i f the„0 d[ of_tF City. of
Bangor - Conflict of Interest
Be ft ordained by the City Council of the City ofBampsm a thUmme:
THAT Chapter 1 of the Laws and Ordinances of the City of Bangor is hereby
amended by the addition of a saw Article ), as follows:
CHAPTER I
ARTICLE ] - CONFLICT OF INTEREST
Sec. 1 purpose.; The Bangor City Council hereby declares that public
office is a public treat add that any effort to realize
personal, financial gain through .public office other thaocompen-
sation provided by law Is a vlolatlon of that trust. In order to
trengthen the faith and confidence of the people of .the City in
their government, the Council further declares that the people
have a right to beassured that the financial interests of holders
of ox Candidates for public office present neither a conflict nor
theappearance of a conflict with the public Cruet. Because
public Confidence in government can best be sustained by assuming
the. people of the impartiality and honesty of public officials,
this ordinance shall be liberally construed to promote complete
disclosure. .
Sec. 2 Definitions. As wed In this ordLaamce, unless the context
requires otherwise:
2.1 "Business” menw any corporation, partnership, sole
proprietorship, firm, enterprise, franchise, aa Lation,
n
organizatio se Lf -employed Ludividwl,bo Ldingcompany,
Joint stock company, receivership, truer, or any legal
entity ongamzed for profit:
2.2 'rewires with which he associated" any
business in which the pe[ ®heof s the pe[
Immediate family 1s a director, officer, owner, employee,
r holder of stock worth $1,000 or more at fair market
value, or any business that 1s --a client of the person;
2.3 "Candidate for public office" me any person who
has filed a petition to appear ov the ballot for
election as s public official, or who has raised o
expended money in pursuit of publi2 office, and any
person who has been nominated by a public official or
governmental body for appointment to serve as a
public official.
2.4 'Cominissiono mans the BangorEthicsCommission
established in See. 8 of this ordinance.
2.5 "Gift" means a payment, subscription, advance, fore-
bearance,
rendering or deposit of money, services o
anything of value, unless consideration of equal o
greater .value is received. "Gifto shall not include
a political contribution otherwise reported as required
by lawacommercially reasonable Loa made n the
ordinary course of business,
e
a gift received from a
member of the person's immediate family orfrom a relative
within the third degree of consanguinity of the per x
of the person's spouse or from the spouse of any such
relative;
2.6 "Goveinmentat body" meaty any department, commission,
ommiLee, council, board, bureau, divisionservice,
office', officer, administration, legislative body, o
other gstablishment in the executive or Legislative
braneH�of the municipality of Bangor;
2.7 vies diate family" means a spouseg. residinin the
perm s ho eh id and dependent
2.0 "Incomeo',meaw any money or bhi„g. of value received, o
to be received e a claim on future a whether in
the form of a fee, salary, expense, allowance, foxebearance,
forgiveineea, interest, dividend, royalty, rent,
capital
gain, o any other form of recompense or any combination
thereof;
2.9 'Ministerial action"action that a parson performs
in a give state of fa¢nu
ctsins
a prescribed manner obedience
to the mandate of legal authority, without regard to, or the
exercise of, the person's ova judgment upon the propriety of
the action being taken;
SAO 'Ter a business, individual, corporation, union,
ociation, firm, partnership, committee, club, or other
organisation or group of persons;
2.11 'political contribution"any advance, conveyance,
deposit, distribution, transfer of fund&, Loan, payment,
pledge, purchase of a ticket to a testimonial or similar
fundraising affair, or subscription of money or anything
of value, except volunteer services, La connection with a
political campaign, and any contract, agreement, promise,
or other obligation, whether a not legallyenforceable,
to make a political contribution:
2.12 'public employee" means any fndfvid,allwho receives
compensation from the City of parent or'whosresponsible
for taking o recommending official action ofa non
ministerial nature with regard to:
(1) contracting or procurement
(2) admin Inteting or monitoring grants or subsidies;
(3) planning or zoning;
(4) inspecting, licensing or regulating any person;
or
(5) any other activity where the official action
hasan urImpact of greater than a de
minimus natureonthe interests of any. person.
"Public employee" shall not include individuals who are
employed by the City of Bangor in teaching as distinguished
from administrative duties;
2.13 "Pub Llc official" mans any elected or appointed official
in the centuries or Legialative branch of the City of Ranges,
provided that it shall net include members of advisory boards
that gave no authority to expend public funds other than
reimbursement forpersonal expense, or to otherwise exercise
the power of the City of ganger.
Sec. 3 Restricted activities,
3.1 No public official or public employee shall use his public
office or any confidential information received through his
holding public office to obtain financial gain other than
compensation provided by law for himself, a member of his
Immediate family, or a business with which he Is associated.
3.2 No person shall offer or give to a public official o
public employee or candidate for public Office ormember
of his immediate family o a business with which he is
associated, and no public official or public employee or
candidate for. public office shall solicit or accept, any-
thing of value, including a gift, loan, political contribution,
maid, orpromise of future employment based on any
.understanding that the vote, official action, or judg-
ment of the public official or public employee or candidate
for public office would be influenced thereby.
3.3 No person shall offer or give to a public official o
public employee or
amember of his immediate family of a
bus with which he is associated, and no public official
r public employee shall solicit or accept from any one
person, gifts thateeed $100 in value in the aggregate
in any twelve month reporting period. -
3.4 No public official or public employee o member of his
immediate family o a business with which he is associated
shall enter int r
any c valued at $50 o with a
governmental body unless t the contract has been awarded
through an open and public process, including prior public
notice and subsequent public disclosure of all proposals
considered and contracts awarded. Any contract made in
violation of this subsection shall be voidable by a court
of competent jurisdiction if the suit is connected within
90 days of making of the contract.
3.5 No public official or public employee shall represent a
person or act as an expert witness for compensation before
a governmental body where the action o -action of the
governmental body is of a -ministerial nature, except in
matter of public record i court of lav; provided that
this shall not apply to a public official or public employee
acting in an official capacity:
3.6 No former official or public employee shall represent a
person, with or without compensation, on any matter before
the governmental body wiehruhich he has been associated for
M year after he leaves that body, or at any time on any
mawith which he was involved while a public official
matter
public employee.
3.7 No person shall use for any c mal purpose information
copied from statements of financial interests required by
this ordinance or from lists compllLd from such statements.
Sec. 4 Membership of governmental bodies. The majority of the members
of a -elective govemental
r
body, of a committee or subcommittee of a governmental body,
whether that body is elective or not, shall not have a financial
interest, either personal or through a member of their immediate
family or a business with which they am associated, other than
n interest of a de minimus nature or an interest that is
distinct from that of the general public, i matters subject to
the jurisdiction of the body or committee or Subcommittee.
Sec. 5 Procedures relating to conflict situations. Any public official
or public employee
who. in the discharge of his official duties, would be required
to take anr
action that would affect directly o indirectly a
financial interest of himself, a member of his immediate family,
or 8 business with which he is associated, other than an interest
of a d¢ miaLanx nature or an interest thatis not distinct from
that of the general public, shall take the followingactions:
(1) prepare a written statement signed under penalty of
perjury describing the matter requiring action and the
nature of the potential conflict; if he is a member of
a legislative or quasi -legislative body and he will not
request that he be excused from voting, deliberating,
r taking action on the matter,the statement aMLl state
why, despite the potential conflict, he is able to vote
and otherwise participate fairly, objectively, and in the
public interest; and
(2)
Deliver a copy of the statement to the commission and
(a) if he is a member of a Legislative or quasi -
legislative body, he shall deliver a copy of
the the statement to the chairperson of the body,
who shall cause the statement to be recorded
n the minutes of the body and, upon request
of the member, shall excuse the member from
votes, deliberations, at any other action on
the matter on which a potential conflict
exists: or
(b) if he is not a member of a legislative or quasi -
legislative body, he shell deliver a copy of
_
the statement to the city hamper, who shall
assign the matter to another employee.
Set. 6 Statement of financial interests required to be filed.
6.1
Each public official and public employee shall elle a
statement of financial Interests for the preceding
calendar year with the commission on r before May 1
of each year that he holds such a position and of the
year after he leaves such -a position.
6.2
Each candidate for elective public office shall file a
statement of fineial interests for the preceding
calendar year with the commission and with the a
official and at the same time as he files his petition
to appear on the ballot for election as a public
official; provided, that thin subsection shall not
apply to a person
who has already filed a statement
n that calendar "at pursuant to subsection6.1
above. A petition to appear or the ballot shall not
be accepted by the City Clerk unless a statement of
financial interests a filed with him or her in proper
form.
6.3 Each candidate for public office nominated by a public
official or governmental body and subject to confirmation
by a public official or governmental body shall file a
statement of financial interests for the preceding calendar
year with the commission and with the official or body that
1s vested with the power of confirmation at least ten days
before the official or body shall approve or rejectthe
nomination. -
6.4 No public official Shall be allowed to take the oath of
office or enter or continue upon his duties, not shall
he receive compensation from public funds, unless he hoe
filed a statement of financial interests with the commission
as required by this ordinance.
6.5 Any public official or candidate for public office fili�
statement with the commission
ssion pursuant to this ordinance
shall file a copy of that statement with the City Clerk.
Any public employee filing a statement with the commission
pursuant to thin ordinance shall file a copy of that state-
[ with the City Clerk, The Clerk shall make such state-
ments available for public inspection and copying during
regular office hours and make copying facilities available
at a cont not to exceed actual coat.
Sec. T Statement of financial interests.
].L The statement of financial interests filed pursuant t
thin ordinance shall be ona form prescribed by the commission
and shall be signed under penalty of perjury by the person
required to file the statement.
7.2 The statement shall include the following information for
the preceding calendar year with regard to the person
required to file the statement, the members of his immediate
family, and any business entity in which he or members of his
immediate family, individually or together, held a 10% or
greater equity interest at'any time during the calendar year
for which the statement in required;
(1) the roma address, nature of association, and
amount of interest in any business with which
hewas ociated and in any entity in-which'a
position as trustee was held; and, if the business
or entity has done business with or been regulated
by the City, the date and nature of Such business
or regulation;
(2) the mature of business of any person from whom
income in the value of $10000. or sreceived,
the nature of services rendered, thee aunt, and,
if the person has done business with or been regulated
by the City, the date and nature of such business
or regulation;
(3) the legal description of all real property in the
City, the fair market value of which exceeds $2,500,
in which a direct or indirect financial interest was
held, and, if the property was transferred during the
preceding calendar year, a statement of the amount and
nature of the consideration received or paid in exchange
f for such interest, and the mcoand address of the person
furnlehing o receiving such consideration;
(4) the name and address of each creditor to whom the
value of $1,000 o wed and the original
Dunt, theamount outstanding, the terms of repayment,
and the security given for each such debt' provided that
debts arising out of retail installment transaction
need not be included;
(5) the nature and amount of any interest of $1,000 or
more in a time or demand deposit in a financial
Institution or in an insurance or endowment policy or
annuity contract;
(6) the wome and address of any person from whom a gift
r gifts valued in the aggregate at $25 or more
were
received, and the value and the circumstances of each
gift; and
(7) such other information as the person. required to file
the statement or the commission deems necessary to carry
Out the purposes of this ordlasnce.
7.3 Monte an amount is required to be reported pursuant to
subsections 7.2 (1) through (5) of this section, it Shall be
sufficient report whether theamount ls: Less than $2,500;
12,500-5,000; $5-10,000; $10-25,00; $25-50,000; or more
than $50,600.
Sec. 8 Tabery Ethics Commission._
8.1 There is established a hemmer Ethics Commission composed
of seven (7) members appointed by the Chairperson of the
Council.
8.2 'Members of the commission shall serve for terms of five
years, except that, of the members first appointed:
8.2.1 two individuals appointed shall serve for
four. years;
8.2.2 two individuals appointed shelf serve for
two years, ane
8.2.3 of the other three members, one
serve
aball e e
for aim year, a shall serve for three
years, add nate shall serve for five years.
8.3 No individual shall he appointed [oomore then one full
five year term an the co®rssron.
8.4 No indfvidual,ahile a member or employee of the commission,
shell:
8.4.1 hold or campaign for any other public office; or
8.4.2 directly or indirectly attempto influence any
decision by a governmental body[ other than seen
representative of the commission o a matter within
the jurisdiction of the commission•
8.5 The, Chairperson of the Council shall declare vacant the
position on the remission of any memberwhotakes part in
activities prohablted by subsection 8.4 of this section.
An invidml appointed to fill ancy occurring other than
by the expiration of a term of officu
e shall be appointed for
the unexpired term of the mother he succeeds, and is eligible
for appoiatment to ane full five year term thereafter. Any
vacancy occurring on the commission shall be filled within
thty Says in the better in which that position was originally
filled.
8.6 Theshell elect a chairpersonon and a vice -chairperson.
The v mhairperson stall act asCchaiapafeotaingeM1eeabtiemcec
of the chairperson orin the event of a vacancy in that position.
8.7 Pourember of the commission shall constitute a quorum
and the votes of a majority of the members present is required
for any action orrn
omn ation of the commission. The chair-
person or any four members of the commission may call a meeting
provided that advance written notice is mailed to each
member and to any person who requests notice of such
vaetings. -
Sec. 9 Duties of the commmUsLon. In addition to other duties prescribed
by law, the co®rssion .shall:
9.L prescribed: and publish, after notice and opportunity
for .public comment, rules and vegulatfom to car" out
the provisions of this ordinance;
9.2 prescribe forme for statements and reports required
to be filed by this ordinance and furnish such forma
to persons required to file such statenenta and reports;
9.3 prepare and publish recoammendediuniform cathode of
accounting and reporting for we by persons required to
file statements and reports by this ordinance;
9.4 accept and file anyinformation voluntarily supplied
that exceeds the requi menta of this ordinance;
9.5 wke statements and] reports filed with the remission
available for public inspection and copying during regular
office hours and make copying facilities available at a
charge not to exceed actual cost;
9.6 camellia and maintain an index of all reports and state-
ments filed with the commission to facilitate public
access to such reports and etatenmnta;
9.7 prepare and publish annual 6umearies of statements and
reports filed with the co®isafanp
9.8 review all statements and reports filed with the comaission
in order to ascertain whether any person bas failed to file
a requited statement or gas filed a deficient statement;
9.9 preserve statements and reports filed with the commat resion
for a period of five years free date of receiptt
9.10 issue, upon request, and publish advisory opinions on the
requirements of this ordinance; any opinion rendered by the
until annealed or revoked, shall be bindingon
the conmaission in any subsequent chargesening the person
who requested the opinion and who acted in reliance on it in
good faith, unless material facts were =fired or misstated by
the person in the request for the opinion;
Sec. 10 Investigations by the commission.
10.1 Upon a complaint signed under penalty of perjury by any
person or upon its own
motion, the commission SM11 in-
vestigate any alleged violation of this ordimnce. All
commission proceedings and records relatito an investi-
gation shall be confidential until a final determination
is bear by the c mmias Lon. The Chairperson of the Commission
shall notify any person under investigation by the c Lesion
of the investigation and of the nature of thealleged violation
within five days of the commencement of the investigation.
Within fifteen days of the filing of a seems complaint by a
person alleging a violation, and at least eery thirty days
thereafter until the natter is terminated, the Chairperson
shall notify the complainant of the actloamken to date by
the commission together with the reasons for such action or
non action.
L0.2 If a preliminary investigation fails to Indicate probable
cause for belief that this ordinance has been violated, the
commission SMIL terminate the investigation and so notify the
complainant and the person who bad been under investigation.
10.3 if a preliminary investigation indicates probable cause for
belief that this ordinance has been violated, the commission
shall initiate appropriate proceedings to determine whether
there has been a violation of this ordinance. ALL proceedings
of Che cum,Lssfon pursuant to this subsection shall be by
closed session attended only by those persons necessary to the
investigation of the alleged violation, unless the person
alleged to be in violation of this ordinance requests anopen
session. All testimony shall be under oath which shall be
administered by a member of the nominator. Any person who
appears before the comnission shall have all of the dm process
rights, privileges, and responsibilities of a witness appearing
before the contra of this state. Any person whose mm "
mentioad during a proceeding of the commission and who may be
adversely affected thereby, may appear personally before the
commission on his own behalf of file a written statement for
incorporation into the record of the proceeding. The commission
shall abuse a record to be made of all proceedings pursuant t
this subsections. At the conclusion of proceedings c ning
an alleged violation, the commission shall immediately begin
n, deliberations on the evidence and than proceed to determine by
majority vote of the members present whether there has been a
violation of this ordinance. The findings of the commission
concerning a violation and the record of the proceedings shall
be made public by the commission as soon as practicable after
the determination has been woe.
Sec, 11 Enforcement. The commission by order may suspend or modify
any of the reporting requirements of this ordinance
in a particular case if it finds that Literal application of this
ordinanceworks a manifestly unreasonable hardship and if it also
finds thasuch suspensionomodifications will not frustrate the
purposesof the ordinance. Any such suspension or modification
shall be only to the extent necessary to substantially relieve the
hardship. The commission Shall act to suspend or modify any to -
porting
statements only if it determines that facts exist that are
clear and convincing proof of the findings required hereunder.
Sec. 12 Judicial review. Any action by the commission made pursuant to this
ordinance shall be subject to review in a court of
competent jurisdiction upon the petition of any interested person
filed within thirty days after the action for which review Is sought.
The court shall enter a judgment enforcing, modifying, or setting
aide the order of the w r it may remand the pro eedings
commission the corssion for such further action as It may direct•
Sec. 13 penalties.
13.1 Any person who violates the provisions of subsections
3.1 and 3.2 of section 3 of this ordinance is guilty of
a misdemeanor and shall be fined not more than $500.
13.2 Any person who violates the provisions of subsections
3.3 through 3.7 of section 3 or sections 5, 6 or p of
this ordinance is guilty of a misdemeanor and shall be
fined not more than $250.
13.3 Any person who obtains financial gain from violating
any provision of this ordinance, in addition to any other
penalty provided by law, shall pay into the treasurer
of
the City of Bangor a am of money equal to three time the
financial gain resulting from such violation.
13.4 The penalties prescribed in thin ordinance do not limit
the power of the City Council to discipline its own members,
and do not limit the power of agencies or commissions to
discipline officials or employeea.
13.5 Any person who violates the confidentiality of a commission
proceeding pur uent to Section 10 of this ordinance, is
guilty of a misdemeanor and shall be fined not more than
$500.
Sec. 14 Conflict of law. If the provisions of this ordinance conflict with
any other ordinance, regulation, or rule, the
provisions of this ordinance Shall control.
Sec., 16 Severability. If .any provision of this ordinance, or the
application thereof to any person or circumstance,
is field invalid, the validity of the remainder of this ordinance
and the application of such provisions to other persona and cir-
cumstances shall not be affected thereby.
/Ylof�en ma6 e...d
ie....6..1.160
le
IN CITY COUNCIL
l ce{b y° Cd=
;O.d�:.c,...p,
March 8, 1976 6ti
Received lst xead"g.A voted
GROINANC[
to consider next meeting by
the following yes and no vote:
(
I,I,i, i Amending Chapter I of the
Ordinanoea"r
Councilors voting yes: Fallen:
aigney, 9zountas, Mooney,oting Soucy,
and Series. councilors-
of the City o5.8enooz -Conflict of
Interest.f"
oFinnigan, Gass and Henderson.
RECEIVED
CITY OF GOR
� ".e- i
.
_ 0
}
'S OFFICE
CITY CLERK'S OFFICE
cxax c
ms m am rtlm dy
976 MAR 4 Pn 2 16
IN CITY COUNT IL
j
March 33 1976
Motion to referto Code Nadi
t1taD!'
Ordinance Neview Cuestittee
withdrawn. Mot on to refer to
Coamun.ty Rel t ons Comsittee
CAIS mivwie is Correctly e4rosdei
failed by the fallowing yes and
vote. Councilors voting yes:
Henderson and Finnigan Councilors
voting no: Haller: Higney, Brountas,
Gass, Soucy and scales. Councilor
..
' absent Mooney.
-
Indefin/iittIely Postponed.
..
/A�....�
Comxitte0 Go
CITY CLEFS
ffivressei OxIiRZMeB
N