HomeMy WebLinkAbout1999-01-05 Municipal Operations Committee Minutes . Municipal Operations Committee
Meeting M'inutes
January 5, 1999
Councilors Attending: 7ohn Rohman, Pat Blanchette, Nichi Farnham
Staff Attending: Edward Barrett, Erik Sturnpfel
l. Council Ordinance 99-46 Amendin� Code of Ethics - Solicitations bv City Of�cials and
Emplovees
In late 1997, the City Council directed the Board of Ethics to make recommendations concerning
necessary changes to the City's Code of Ethics to better address public fundraising activities by
elected and appointed officials. Initially, the Board put together a "Donor's Bill of Rights and
Responsibilities". One item expressed the concern that those solicited for contributions have the right
to say no,without concern that failure to dona.te will have any consequence adverse to their personal
interest.
As a follow up,the Board of Ethics recently finished a proposed amendment to impose standards for
involvement of City officials and employees in City connected fundraising activities. This only
� addresses fundraising activities where the direct or intended beneficiary is the City of Bangor or some
City program. The City is involved in a Iot of fundraising activities and the Board is recommending
guidelines that will improve the situation and provide some oversight. If City employees are going
to be involved in soliciting donations of money or property for the City, it should be at the lowest
level possible and the person soliciting the contribution should not be someone who has approval
authority over applications for zone change, building permits, or any other permits and licenses and
benefits that the City has to dispense. The proposed ordinance amendment sets out three categories
of City officials. School Department employees would be required to comply with the policies of
the School Committee. The categories are as follows:
► City Manager and City Council: No member can solicit the public for cash or property
donations. The exceptions include: a) family members; b) business partners; c) general
statements of support, provided that the statements of support are directed at the public at
large, and not at any particular individual or business;and d)solicitations expressly authorized
by City Council Ordinance or order.
► City Officials: No City official with approval authority over any City-issued permit, license
etc., shall solicit donations of money(money only)from any individual or business. Officials
subject to the provisions include the following: City Clerk, Plannin,g Officer, Police Chief,
Director Community&Economic Development, Fire Chief, Code Enforcement Officer, City
Code Inspectors, City Engineers, City Solicitor, Parking Administrator, Ciiy Assessor,
Purchasing Officer, Finance Director, Housing Coordinator, Airport Director, Director of
� Health&Welfare. The exceptions include the same as those tha.t apply to City Council, plus
� two additional ones: a) applications for funding or grants from an established public agency
or charitable foundation; and b)Assessment and collection of franchise fees, taxes, fees for
services, rent, development impact fees, and other amounts owed to the City.
This category was limited to money solicitations because there are a lot of situations where
City officials are in a situation where they may be asking for donations of property for these
purposes. (Land swaps, land for City parks, etc.)
► Non-School City Employees ,
City employees shall not solicit donations of money, property, or items of value from any
individual or business without prior approval by the City Manger, City Council or City
Council Finance Committee.
The Committee commended the Ethics Board for their work on this issue. Approved
recommendation to Council.
2. Council Ordinance 99-47 Amending�Ci�y Parks Ordinance; Section 231-11,- Violations and
Pen ies
This would amend the penalty provision of the City's Parks Ordinance to delete the phrase"shall be
deemed guilty of a misdemeanor." Maine Law states that a11 municipal ordinance violations are civil
� violations. Municipalities have no authority to define criminal offenses, whether misdemeanors or
felonies. Approved.
With no further business to discuss, the meeting adjourned.
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