HomeMy WebLinkAbout9.e. City Code of Ethics t t
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EXECtJTIVE SUN.Q�iARY FOR ACTICIN
GITY COUNCIL MEETING DATE: MAY 18, 1993
AGENDA ITE2�i: CTTY CUDE OF E'�'HICS AGENDA SECTI�N:
OLD BUSINESS
PREPARED BY. SUSAN M. WALSH, AGENDA �� }� � �
ADMINISTR,ATIVE ASSISTANT/CITY CLERK �T
ATTAGHI�lENTS: MEMO, REVISED DRAFT C7F CODE APPR D
OF ETHICS �,�.��cc��C./
Attached please find City Attorney Miles' memorandum and second draft of
the City Code of Ethics.
RECObR+�ENDED ACTION z
MOTION to approve the City Code of Ethics in ordinance form.
GOUNCIL ACTION:
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M E M O R A N D U M
�p: E. B. McMenomy and Members of the Rosemount City Council
FR�M: Mike Mile�%�f�L
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DATE: May 12, 1993
RE: Adoption of a City eoae of Ethics
Attached is a secand draft of the Code of Ethics which you
discussed at yaur City Council meeting of May 4 � 1993 . As per your
instructions , T have made several changes to this draft, as
follows :
1 . The definition of "interest" (Page l , Section IIX, C) has
been redrafted to make it more understandable .
2 . The section on gifts and favors (Page 4 , Ssction VIZ , D)
has been modifa.ed by adding a sentence to define gifts or
favors of token value ta be those worth no more than
$25 . 00 .
3 . The section on severability (Page 6 , Seetion XII ) has
been altered by changing the word "consti�utional" to the
word "unconstitutional" as appropriate .
please contact me if you have any questian� as to this
revisior�.
JMM:gmo
att .
, .
CQDE OF ETHICS
Ff)R ELECTED AND APPOINTED OFFICIALS AND
ENfPLOYEES OF THE CITY OF R4SEMOUNT
I. STATEMEN7 OF POLICY.
Pcoper and efficient operation of municipai government in the Ci#y af
Rosemount, Minnesota, requires that its Pubiic Officials be independent,
impartiat and responsibie to the citi�ens; that municipal governmental
decisions and policy be made in accord with the proper procedures
established by the City; tha# municipai pubiic office not be used for personal
gain; and #hat the citizens of the City have confidence in #he integrity of its
rnunicipal government.
IL CREATION AND PURPQSE OF CODE �F ETH(CS.
in recognitian of the above-stated policy, there is hereby estabiished this
Code of Ethics for aii Pubiic Officials of the Ci#y. The purpose of this Code
is to estabiish ethicai standards of conduct for ali Pubiic Officiais by
delineating those actions tha# are incompat�bie 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.
IIL DEFfN17101�tS.
A. BUSINESS ENTtTY: means any business, proprietorship, firm,
partnership,person in representative orfiduciary capacity, assaciation,
venture, trust or corporation.
B. ClTY; means the City of Rosemount, Minr�esota.
C. tNTEREST: means direc# ar indirect financial or materiat benefit
reaiized by a Public Officiai 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,
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For the purposes of this Code, a Public t�fficial shall be deemed to
have an interest in the affairs of:
7. Any person related to him/her by biood or marriage in a de ree
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closer than the fourth degree of consanguinity or affinity
(determined by civil law).
2. Any person or business entity with whom a contractual
relationship exists with the Public Official.
3. An busine I
y ss entity m wh�ch the Pubi�c Oifiic�ai is an employee, ,
officer or director or member having a financial interest. i
4. Any business entity in which in excess of five percent (5%0) of '
the totai stock or totai legai and beneficial ownership is
controlled or owned directly or indirectty by the Public Officiai.
D. PUBLIC OFFICIAL. This term means any person, officer or employee
holding a position by election, appointment or employment in the
service of the City, whether paid or unpaid, inciuding members of any
board, committee or commission thereof.
tV. RESPONSIBtLtTIES UF PUBLIC OFFIClALS.
Public Officials are a ents o# ubiic ur ose an h l
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d od
office for the'benefit
of the public. They are bound to uphofd the constitution of the United
States, the constitution of the State Q#Minnesota and to carry out impartially, ;
al{ laws of#he United States, State of Minnesota, Dakota County and the City
of Rosemount. Public Officials must undertake their official duties with the
highest standards of moraf�ty and discharge the specific duties of their
respective offices, regardless of personal considerations, recognizing that
the public interests must be their primary coneern. Their conduc#in earrying
out their official responsibilities must be above reproach.
V. STANDARDS OF SERVICE.
A. ADHERENCE T(� OBJECTNES. Aif Public Officials of Rosemount
should be toya! #o the poiitical objectives expressed by the electorate
and the programs developed by appropria#e municipal action tv
achieve those abjectives. Appointed officials and empioyees shouid
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adhere to the rules of work and performance estab(ished as the
standards for the positions by their appointing au#horities.
B. CONFORMANCE WtTH LAW/CO�PERATION. Pubiic Officiais shai! not
exceed their authority or breach the taw or ask others to do so. They
should work in futl cooperation with other Pubiie Officiais, unless
prohibited from doing so by law or by legaily recognized
confidentiality of their work.
Vi. PROH1BiTiON OF SPECIAL TREATMENT.
A. USE OF PUBLIC PROPERTY. No Public 4fficiai shall request or permit
the use of City-owned vehicles, equipment, ma#erials or prope�ty for
personai conven�ence or profit, except when such items are availabie
to the pubiic �eneraily or are provided pursuan#to municipal policy for
the use of such Public Official in the conduct of Rosemount Municipal
Business.
B. EQUAL TREATMENT OF CIT[ZENS. No public officiai shall grant any
special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen.
Vli. CONFLlCT OF tNTEREST.
No Public Officia! shafi engage in any business or transaction or shall have
an interest which is incompatible with the discharge in the public interest of
his/her officiat duties or which would #end to impair his/her independence of
judgment or action in the pertormance o# his/her o#ficial duties.
A. INCOMPATIBLE EMPLOYMEN7. t�o Pubiic Official shall engage in or
accep# priva#e employrnent or render services for private interests
when such empfoyment or service is incompatible with the proper
discharge of his/her ofificiaf du#ies or would tend to impair his/her
independence of judgment or action in the performance of those
officia! duties.
B. USE OF iNfORMATION. No Public Official shail use any information
gained exclusively from his/her pubiic position or endeavors to in any
way further his/her interests.
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C. DISCLOSURE OF CONFfDENT1AL INFORMATION. No Pubtic Official
shaii, without proper legat authorization, disciose confidential '
information concerning the property, governrnental or other affairs of
the City.
D. GIFTS AND FAV�RS. No Pubfic Officia! shali accept any gift of more
than token vafue, whether in the form of a service, loan, thing or �
promise, from any person, firm or corporatit�n which to the Public
Officiai's knowledge is interested di�ectiy ar indirectiy in any manner
wha#soever, in business deafings with the City. Additionaliy,the Public ',,
Official shall not accept any gift, favor or fhing af more than token �
v�lue tha# may tend to infiuence him/her in the diseharge of officiai
duties or grant in the discharge of said duties, any improper favor,
service or #hing of more than negfigibie va(ue. For purposes of this
section, "token vafue° shall mean a gifit, favor or thing worth no more
than Twenty-Five Dollars ($25.40).
E. REPRESENTATION OF PRtVATE 1NTERESTS. No PubCic Officiai whose
salary is paid in fult or in part by tt�e City, st�all appear on behaif of
private interests before any agency of the City. Additionalfy, Public � �
Officials shall not represent priva#e interests in any action or
proceeding against the interests of the City, in which the City is a
party.
F. CC3NTRACTS W[TH THE Ct7Y. Except as otherwise provided in '�
Minnesota Statutes, Sections 471.87 thraugh 471.89, no Public Officiai
shail take part in the making of a sale, lease or contract for the City
when he/she has an interest in the transaction, nor shali a mernber of I
the Rosemount City Council be directly or indirectly in#erested in any
con#ract the City Council rnakes.
G. INTEREST IN LEGlSLATION. No Pub(ie Official shall use his/her
officiaf position with the City to influence the passage or defeat of
iegislation, whether at the municipai or state level, in which the Public
Official has an intere�t.
Vltt. PROH1B17ED POLlTICAL ACTNITIES.
A. SQLICITATiONS. No Public Qfficia! shall �rally, by tetter or otherwise, ;,
soiicit or be in any manner concerned in soliciting any assessment,
subscription or contribution to any political party or for any political
purpose from another Pubtic Officia(.
B. PROMISES AND APPOIN
TMENTS. No Public 0#ficiat shal! romise an
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appointment to any City position or any other benefit or reward
emanating from the o�ficiai powers of the Public 4fificial to a person in
exchange for poiiticai activity.
IX. APPLICABILITY OF CODE.
A. BROAD CONSTRUCTfON. It is intended tha# this Code of Ethics be
construed broadly so as to encompass a11 questionabie situations and
actions.
B. ADVfSORY OPINtONS.
1. How Requested. Where any PubFic Official has a doubt as to
the appiicabifity of any provision to this Gode to a particuiar
situation, or as to the definition of terms used herein, helshe
may apply #o the City Attorney for an advisory opinion. The
Public Officiat shall have the opportunity to present his/her
interpretation of the facts at issue and the app{icability of
provisions of this Cocie before such advisory opinion is
rendered.
2. Status of Advisory Opinion. The opinion rendered by the City
Attorney, until amended or revoked, shal! 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 materiat #acts were omitted or
misstated in the Public Official's request #or the advisory
opinion. The opinion shall not be binding in any action initiated
by any citizen.
3. Availabilrty of lnformation. Any advisory opinion of the City
Attorney sha11 be made publ�c upon request. However, the
names of atl persons or business entities mentioned in the
opinion, excep#that of the Public Official requesting the opinion,
shall be deemed private informatian and shatl nat be disclosed
by the Gity Attorney, unless #he persons or business entities
mentioned in the opinion waive such confidentiality.
X. PENALTIES AND FORFEtT OF POSiT10P1.
A, CITY COUNCIL MEMBERS. Any member of the City Council who
violates this Code should consider whether voluntary resignatian or
other disciplinary action is indicated to promote the best interest of
the City. The remainder of the City Council may censure any member
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of the Counc�i who violates this Code.
B. OTHER PUB�IC OFFICIALS. Any appointed officiais or other ;
employees of#he City may be subject to suspension or dismissai from '�
office as a result of violation of this Code.
XI. DISTRIBUTION OF CODE OF ETHICS.
The City Cierk shaii cause a copy of this Code to be dist�ibuted to every
Public Official of the City within thirty (30) days after enactment af this Code.
Each new Public �fficial appointed or engaged after initial distribution to this
Code shatl be furnished a copy before entering upon his/her municipal
duties. j'
X1L SEVERABtLITY.
tf any provision �of this Code is found by a court of competent jurisdiction to
be invalid or unconstitutional, or if the application of this Code to any person
or circumstances is found to be invalid or uncanstitutional, such invaiidity or
unconstitutionality shall not affect the remaining provisions of this Code,
which shall be given effect without the invalid or constitutionai provision.
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c•ityrose\Code-C-�Et,
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