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HomeMy WebLinkAbout3.a. Code of Ethicsi 1 -7 -1 CHAPTER 7 CODE OF ETHICS SECTION: 1 -7- 1: • Statement of Policy 1 -7- 2: Creation and Purpose of Code 1 -7- 3: Definitions 1 -7- 4: Responsibilities of Public Officials 1 -7- 5: Standards of Service 1 -7- 6: Prohibition of Special Treatment 1 -7- 7: Conflict of Interest 1 -7- 8: Prohibited Political Activities 1-7- 9: Applicability of Code 1 -7 -10: Penalties and Forfeit of Position 1 -7 -11: Distribution of Code 1 -7 -12: Severability 1 -7 -2 1 -7 -1: STATEMENT OF POLICY: Proper and efficient operation of Municipal government in the City, requires that its public officials be independent, impartial and responsible to the citizens; that Municipal governmental decisions and policy be made in accord with the proper procedures established by the City; that Municipal public office not be used for personal gain; and that the citizens of the City have confidence in the integrity of its Municipal government. (Ord. 11.7, 6 -1 -93) 1 -7 -2: CREATION AND PURPOSE OF CODE: In recognition of the - above- stated policy, there is hereby established this Code of Ethics for all public officials of the City. The purpose of this Code is to establish ethical standards of conduct for all public officials by delineating,, those actions that are incompatible with the best interests of the City and by directing disclosure by public officials of private financial or other interests in matters affecting the City. (Ord. 11.7, 6 -1 -93) 1093 City of Rosemount 1 -7 -3 1 -7 -3 1 -7 -3: DEFINITIONS: For the purpose of this Chapter, terms defined herein shall have the following meaning ascribed to them: BUSINESS ENTITY: Any business, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust or corporation. CITY: The City of Rosemount, Minnesota. INTEREST: Direct or indirect financial or material benefit realized by a public official as a result of a contract or transaction which is or may be the subject of an official act or action by or with the City except for such contracts or transactions which confer a similar benefit on a significant number of persons who are not public officials. For the purposes of this Code, a public official shall be deemed to have an interest in the affairs of: A. Any person related to him /her by blood or marriage in a degree closer than the fourth degree of consanguinity or affinity (determined by civil law). B. Any person or business entity with whom a contractual relationship exists with the public official. C. Any business entity in which the public official is an employee, officer or director or member having a financial interest. D. Any business entity in which in excess of five percent (5 %) of the total stock or total legal and beneficial ownership is controlled or owned directly or indirectly by the public official. PUBLIC OFFICIAL: Any person, officer or employee holding a position by election, appointment or employment in the service of the City, whether paid or unpaid, including members of any board, 1093 City of Rosemount 1 -7 -3 1 -7 -6 committee or commission thereof. (Ord. 11.7, 6 -1 -93) 1 -7 -4: RESPONSIBILITIES OF PUBLIC OFFICIALS: Public officials are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the constitution of the United States, the constitution of the State of Minnesota and to carry out impartially, all laws of the United States, State of Minnesota, Dakota County and the City of Rosemount. Public officials must undertake their official duties with the highest standards of morality and discharge the specific duties of their respective offices, regardless of personal considerations, recognizing that the public interest must be their primary concern. Their conduct in carrying out their official responsibilities must be above reproach. (Ord. 11.7, 6 -1 -93) 1 -7 -5: STANDARDS OF SERVICE: A. Adherence to Objectives: All public officials of Rosemount should be loyal to the political objectives expressed by the electorate and the programs developed by appropriate Municipal action to achieve those objectives. Appointed officials and employees should adhere to the rules of work and performance established as the standards for the positions by their appointing authorities. B. Conformance with Law /Cooperation: Public officials shall not exceed their authority or breach the law or ask others to do so. They should work in full cooperation with other public officials, unless prohibited from doing so by law or by legally recognized confidentiality of their work. (Ord. 11.7, 6 -1 -93) 1 -7 -6: PROHIBITION OF SPECIAL TREATMENT: A. Use of Public Property: No public official shall request or permit the use of City -owned vehicles, equipment, materials or property for personal convenience or profit, except when such items are available to the public generally or are provided pursuant to Municipal policy for the use of such public official in the conduct of Rosemount Municipal business. B. Equal Treatment of Citizens: No public official shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen. (Ord. 11.7, 6 -1 -93) 1093 City of Rosemount 1 -7 -7 1 -7 -7 1 -7 -7: CONFLICT OF INTEREST: No public official shall engage in any business or transaction or shall have an interest which is incompatible wi`i the discharge in the public interest of his /her official duties or which would tend to impair his /her independence of judgment or action in the performance of his /her official duties. Conflicts of interest include, but are not limited to the following: A. Incompatible Employment: No public official shall engage in or accept private employment or render services for private interest when"such employment or service is incompatible with the proper „ discharge of his /her official duties or would tend to impair his /her independence of judgment or action in the performance of those official duties. B. Use of Information: No public official shall use any information gained exclusively from his /her public position or endeavors to in any way further his /her interests. C. Disclosure of Confidential Information: No public official shall, without proper legal authorization, disclose confidential information concerning the property, governmental or other affairs of the City. D. Gifts and Favors: No public official shall accept any gift of more than token valuE. whether in the form of a service, loan, thing or promise, from any person, firm or corporation which to the public official's knowledge is interested directly or indirectly in any manner whatsoever, in business dealings with the City. Additionally, the public official shall not accept any gift, favor or thing of more than token value that may tend to influence him /her in the discharge of official duties or grant in the discharge of said duties, any improper favor, service or thing of more than negligible value. For purposes of this Section, "token value" shall mean a gift, favor or thing worth no more than twenty five dollars ($25.00). E. Representation of Private Interests: No official whose salary is paid in full or in part by the City shall undertake any of the following actions. 1. Appearances Before City Agencies: Except as provided in sub- section 1 -7 -7E4 of this Section, no public official shall appear on behalf of the private interests of any person or entity before any agency, board, committee, commission or other entity of the City. 2. Proceedings Involving the City: Except as provided in subsection 1 -7 -7E4 of this Section, no public official shall represent the private 1093 Cite of Rosemount £60l ;vnowasoLr jo X ;tj (£6 'L'II 'PJO) 'Al!Alloe leo!lllod aol a6uugoxa ui uosied a of le!o!llo o!lgnd a4I to siamod Ie!o!llo a4I wojl 6u!Ieuewa piumej ao I!leuaq Ja4lo Aue jo uo! }!sod Al!O Aue of Iuawlu!odde us as!wojd Iie4s le!o!llo o!lgnd ON :sluawlu!oddy pue sas!woad 8 •Ia!oi4o o!ignd i94loue wal esodind leo!l!lod Aue aol jo /(Ijed leo!I!lod Aue jol spunl I!o!los Aem Aue ul Iie4s le!o!llo o!ignd ON :suo!le11 d :SaI.LIAI.L3d'IV3U IOd Qa.LIHIHOUd :8 - L - 1. (66 - 1. - 9 'L'II 'PJO) 'Isajalui ue se4 le!o!llo o!ignd 94l 4o!4nn u! 'lanai alelS jo ledlownW cqj le jeglegm 'uo!lels!6al to Ieelep Jo a6essed a4I aouangu! of Al!O a4l 4l!M uo!I!sod Ie!o!}}o ia4 /s!4 asn ilegs Ie!o!llo o!lgnd ON :uo!lels!68 u! IsWelul •O •sai{ew pouno0 Al!O a4l loeiluoo Aue u! palsajalu! Allowipu! jo Alloaj!p aq Al!O a4I to jagwew a lle4s aou !uo!Ioesuejj a4l ui lsaialui ue se4 eqs /94 uagm AT!O a4I col loeiluoo Jo aseal 'ales a 10 6upiew 94I u! Iced miel Iie4s le!o!llo o!ignd ou '68' I.Lt 46noj41 L8' LL17 suo!Ioas 'salnlelS elosauu!IN u1 pap!Aoid as!nrua4lo se ld90x3 :40 94I 4l!m sloeJIuoO 3 •Al!lua jo uosied jegloue to slsajalui aleApd 94I to uo!leluesaidej ssedwooue AIloajlp Iou seop pue slsaaalul umo s,le!o!llo o!lgnd a4I of pel!w!i si uo!Ielueseidej yonS •q pue 's1saisjul umo a94 /s!4 to uo!Ieluesaidai oI JULIA9I9J saw!I Ile Is Al!joglne pue uo!I!sod o!ignd ja4 /s!4 saounouej le!o!llo ollgnd a41 •e a! uo!IoaS s!4I to Z3L-L- I. PUe l3L-L- I. suo!Ioesgns u! q:pol Ias s6u!paeooid ao siallew ui f4!0 a4I ajolaq slsajalui alenud umo , aa4 /s14 Iuasaidej Auw Ie!o!llo o!lgnd y :uo!Id83x3 uolleluasajdaa't, •sls919lu! s,Al!O a4l 01 tieJIuoo We slsaJalu! aleA!ad 4ons ua4m (lied e s! Aj!O a4I 4o!um u! 6u!peaooid le6al jo uo!loe Ie691 paouawwoo jo paualeeigl a of loadsaj 41!A+ ;.I!Iue jo uosiad Aue to slsaJalu1 aleApd a4I 6u!pie69i 801APe ap!Aoid jo lasunoo Iie4s leto!llo o!lgnd ON :slsaJalul aleA!ad oI 801Apy /uo!Iellnsuo0 >; •Al!O a4l to slsaJalu1 a4I of /JeJluoo We slsaJalu! aleApd 4ons u94m Alaed a s! AI!O a4I 4o!4nn u! 6u!paeooid le6al ao uo!loe lebal paouawwoo Jo paualeeigl Aue u! AI!lua ao uosiad a to slsajalu! 8 -L-1 L-L- I. I--. 1 -7 -9 1 -7 -10 1 -7 -9: APPLICABILITY OF CODE: A. Broad Construction: It is intended that this Code of Ethics be construed broadly so as to encompass all questionable situations and actions. B. Advisory Opinion:: 1. How Requested: Where any public official has a doubt as to the applicability of any provision to this Code to a particula- situation, or as to the definition of terms used herein, he /she may apply to the City Attorney for an advisory opinion. The public official shall have the opportunity to present his /her interpretation of the facts at issue and the applicability of provisions of this Code before such advisory opinion is rendered. 2. Status of Advisory Opinion: The opinion rendered by the City Attorney, until amended or revoked, shall be binding on the City, the City Council and the City Attorney in any subsequent actions concerning the public official who sought the opinion and acted on it in good faith, unless material facts were omitted or misstated in the public official's request for the advisory opinion. The opinion shall not be binding in any action initiated by any citizen. 3. Availability of Information: Any advisory opinion of the City Attorney shall be made public upon request. However, the names of all persons or business entities mentioned in the opinion, except that of the public official requesting the opinion, shall be deemed private information and shall not be disclosed by the City Attorney, unless the persons or business entities mentioned in the opinion waive such confidentiality. (Ord. 11.7, 6 -1 -93) 1 -7 -10: PENALTIES AND FORFEIT OF POSITION: A. City Council Members: Any member of the City Council who violates this Code should consider whether voluntary resignation or other disciplinary action is indicated to promote the best interest of the City. The remainder of the City Council may censure any member of the Council who violates this Code. B. Other Public Official: Any appointed officials or other employees of the City may be subject to suspension or dismissal from office as a result of violation of this Code. 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