Loading...
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. �