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Home My WebLink About2004-08-09 04-249 ORDINANCEItem No. 04-249 Date: B-9-04 item/Subject: Ordinance, Amending Code of Ethics, Chapter 33, Sections 33-2, 33-7, 33-9.1, and 33-10 to Add the Tree Board and Make Minor Organizational Changes Responsible Department: Legal Commentary: The purpose of Mese amendments is to adtl Me Tree BOard to the list of Wants subject M the Ethics Code and to make various non -substantive housekeeping changes. Department Head Manager's Comments: This item has been discussed on several occasions by Me Government Operations Committee. Most of Me discussion has centered on the defnkon of personal interest A revised definition was developed by Me Legal Department and has been induced in a new version of this amendment, a wpy of which is attached to the original. Ails Item should be AMENDED BY SUBSIIiUI ION. It Is recommended by Government Operations. a - City Manager Associated Information: Legal Approval: Finance Director Passage X First Reading Paige—of X Referralto Finance Committee 04-249 AS AMENDED CITY OF BANGOR (TRLE.) Ordinance, Amending Code of Ethics, Chapter 33, Sections 33-2, 33-7, 33-9.1, and 33-10 to Add the Tree Board and Make Minor OrganintlDnal Changes Be L erdWW by bye Cly ofBaig% d9 f but. That Chapter 33, Code of Ethics, be amended by adding the underlined language and deleting the swck- out language in Chapter 33, Sections 33-2, 33-7, 33-9.1, and 33-10: it 33-2. Def itions. BOARD -- All statutory and consecratory boards now existing or hereafter created order the City Charter or by virtue of any ordinance, order or resolve adopted by the Bangor City Council, including, without limitation, the following: A. Dwair Corporation Board of Directors. B. Bangor Recreation District Board of Directors. C. Board of Appeals. D- Board of Assessment Review. E. Board of Ethics. F. Hersey Fund Board of Trustees. G. Planning Board. H. Sophia Enstein Lunn Fund Board of Trustees. 1. Superintending School Committee. J. Tree Board. PERSONAL INTEREST— Any interest of a city emnlova acting in his or her private capacity m a resident, landowner, tatm weer, cithint, or member of the amount public. 33-7. Crafidentinl information. No city employee, City Councilor, board member or commission member shall, without proper legal authoritarian, disclose confidential information concerning the property, government or affairs of the city, nor shall he or she use such information to advance bis or her fivancialiee-ryrrvetes I,ir mrsamalinterest or thefinancial�er$rivate ececial. or personal interest of others. For purposes of this section, the term "confidential information" shall mean any information, ami or written, which comes to the intention of, or is available to, such city employee, City Councilor, hoard member or commission member 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 Bangor City Council or any city agency called pursuant to 1 M.R.S.A. § 405 a seq. shall be considered within the constraints of this section and shall not be disclosed to any third party unless pumitted by affirmative vote of such body. W-269 AS' M §33-9.1. Solicitations by city officials and employees. C. City officials. (t) No city official with approval authority over any city -issued permit, license, benefit or contract shall solicit donations of money from any individual or business for the benefit of the City of Bangor or for the the support of my city program or activity. §33-10. Representing third party interest before city agencies. A. No city employee shall appear on behalf of any third party interest before any city agency or represent a thud party interest in any action, proceeding or litigation in which the city or one of its agencies is aparty. Nothing herein shall prohibit any city employee from appearing as a witness when duty called by a party for the purpose of giving nonprivileged testimony before any city agency or in any such action, prcoeex1ing or lifigatiom Nothing herein shall prohibit any city employee, on behalf of his or her personal interest, from appearing beforemy city agency. 04-249 Assigned to councilor Gretwick Ammon 9, 2004 CITY OF BANGOR (TIRE.) Ordinance, Amending Code of Ethics, Chapter 33, Sections 33-2, 33-7, 33-9.1, and 33-10 to Add the Time Board and Make Minor Organizational Changes BeXordwWbyfhe Ofyof w ,ayPolllsm, That Chapter 33, Code of Ethics, be amended by adding the underlined language and deleting the stru ds - out language in Chapter 33, Saxons 33-2, 33-7, 33-9.1, and 33-10: § 33-2. Definitions. BOARD --All statuary and nonstatutory boards now existing or hereafter created under the City Charter or by virtue of any ordirancq order or resolve adopted by the Bangor City Council, including, without transfer, the following: A. Bans it Corporation Board of Directors. B. Bangor Recreation District Board of Directors. C. Board of Appeals D. Board of Assessment Review. _ E. Board of Ethics. F. Hersey Fund Board of Trustees. G. Plarming Board. H. Sophia Etrstein Loan Fund Board of Trustees. L Superintending School Committee. J. Tree Board. PERSONAL INTEREST— Any interest of a ntv employee concerned as a resident landowner or taxpayer affected by the matter under consideration. § 33-7. Cordidential information. No city employee, City Councilor, board member or commission member shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the city, net shall he or she use such information to advance his or her finmtciahewprwate�e�al g personal interest or the financialier-priyete %oetial. or pereouel interest of others. For purposes of this section, the term "wnfidential information" shall mean any information, oral or written, which comes m the attention of, or is available to, such city employee, City Councilor, board member or commission member 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 Bangor City Council or my city agency called Forwent to 1 M.R.S.A. § 405 at seq. shall be considerd within the comments of this section mrd shall not he disclosed to any third party unless permitted by affirmative vote of such body. 06-269 §334l. Solicitations by city officials and employees. C. City officials. (1) No city official with approval authority over any city -issued permit, license, benefit or contract shall solicit donations of money from any individual or business for the benefit of the City of Bangor or for the Na support of any city program or activity. §33-10. Representing third party interest before city agencies. A. No city employee shall appear on behalf of any third parry interest before any city agency or represent athird party bud est in any anion, pmcceding or litigafion in which the city or one of its agencies is a party. Nothing herein shall prohibit any city employee from appearing as a witness when duly called by a party for the purpose of giving nonprivileged testimony before any city agency or in any such action, proceeding or litigation Nothing herein shall prohibit any city employee, on behalf of his or her personal interest, from appearing before any city agency. "Person,] inom,st" shall inelude, par this purpose, my iNk I at At a,, b Mpjuj P A Payee, - . IE CITY COUNCIL August 9, 2004 First Reading Referred to Finance Comittee and Board a [hies C I CLRBR IR CIT4 COUNCIL October 25, 2004 Motion Nate and Seconded for Passage Motion Nadeland Seconded to Amend by Substitution Passed vote: S yes Councilors voting yea: Allen. Cashvell, D'Errico, Farrington. Gratvick, Greene. Palmer. Tremble Passe As Amevded by Subustitutioo CIT2 GLENN # 04-249 ORDINANCE $$TLE,) Apevding Code of Ethics, Chapter 33,' ee Moon- - - - a Add the Tree Board and Nage Nimr Organizational Atai9netl to Cwncibr 'v