HomeMy WebLinkAbout6.c. Code of Ethics CITY OF ROS�ODNT
LXECIITIVE SUI�IlKARY FOR ACTION
CITY COUNCIL MEETING DATE: MAY 4, 1993
AGENDA ITBM: DISCUSSION OF PROPOSED CITY AGENDA SECTION:
CODE OF ETHICS NEW BUSINESS
PRFsPARLaD BY: STEPFiAN JILK ` AGE���E�� � � .
CITY ADMINI�STRATOR ,� �
ATTAC�2EN'TS: PROPOSED CODE OF ETHICS AP OVE BY:
Attached is a first draft of proposed Code of Ethics prepare y City
Attorney Mike Miles. This information is in response to your xequest at a
previous meeting.
Attorney Miles will present this information to you for discussion
purposes.
RECOI�NDPD ACTION: For discussion only.
COUNCIL ACTION: '
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M E M 0 R A N D U M
TO: Mayor E. B. McMenomy and Members of the Rosemount City
Council
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FROM: J. Michael Mil ��.1�
DATE: April 29 , 1993
RE: Adoption of a City Code of Ethics
Recently, members of the Rosemount City Council asked me to
address several concerns, including: the appropriate role of
Council members in dealing with citizens involved in litigation
with the City of Rosemount and conflicts of interest. Accordingly,
I have researched applicable statutes, obtained voluminous
information from the Minnesota League of Municipalities and
requested and received materials from numerous Minnesota cities
relevant to the concerns raised.
After reflecting on the issues raised and reviewing the
materials received, I would suggest that you consider adopting a
comprehensive Code of Ethics, encompassing a wide range of subjects
regarding municipal activities . Attached is a draft Code of Ethics
which I hope is adequate to form a basis for consideration and
adoption of such a policy by the City of Rosemount .
Once this Code of Ethics is in a form you find satisfactory,
I would suggest that you make it applicable to all City employees .
This act would underscore the importance of the Code of Ethics and
I believe you will find that it also insulates employees from undue
pressure in certain circumstances .
Secondly, you may want to give some thought to adopting the
Code by ordinance to further underscore the weiqht you place on it.
I would also recommend that you entertain some discussion of
the draft at your May 4 , 1993 City Council meeting, with a view
toward further considering and perhaps adopting this measure in
whatever form you choose at your May 18, 1993 Council meeting.
JMM:gmo
CODE OF ETHICS
FOR ELECTED AND APPOINTE� OFFICIALS AND
EMPLOYEES OF THE CITY OF ROSEMOUNT
I. STATEMENT OF POLICY.
Proper and efficient operation of municipal government in the City of
Rosemount, Minnesota, requires that its Public Officiais be independent,
impartial and responsibie 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.
IL CREATION AND PURPOSE OF CODE OF ETHICS.
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 Officiais of private financial or
other interests in matters affecting the City.
111. DEFINITIONS.
A. BUSINESS ENTITY: means any business, proprietorship, firm,
partnership,person in representative or fiduciary capacity,association,
venture, trust or corporation.
B. CITY: means the City of Rosemount, Minnesota.
C. INTEREST: means direct or indirect pecuniary or material benefit
accruing to 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 by their terms
and by the substance of their provisions, confer the opportunity and
right to realize the accrual of similar benefits to all other persons
and/or property similarly situated.
m d to I
For the purposes of this Code, a Pubiic Off�cial shail be dee e
have an interest in the affairs of:
1. Any person related to him/her by blood or marriage in a degree
cioser than the fourth degree of consanguinity or affinity
(determined by civii law).
2. Any person or business entity with whom a contractuai
relationship exists with the Public OfficiaL
3. Any business entity in which the Public Official is an employee,
officer or director or member having a financial interest.
4. Any business entity in which in excess of five percent (5°!0) of
the total stock or total legal and beneficial ownership is
controlled or owned directly or indirectly by the Public OfficiaL
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, including members of any
board, committee or commission thereof.
IV. 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 Un�ted
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 interests must be their primary concern. Their conduct in carrying
out their official responsibilities must be above reproach.
V. 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
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adhere to the rules of work and pertormance established as the
standards for the positions by their appointing authorities.
B. CONFORMANCE WITH LAW/COOPERATION. Public Officials shali not
exceed their authority or breach the law or ask others to do so. They
should work in fuil cooperation with other Pubiic Officials, unless
prohibited from doing so by law or by legaily recognized
confidentiality of their work.
VL PROHIBITION OF SPECIAL TREATMENT.
A. USE OF PUBLIC PROPERTY. No Public Official shail request or permit
the use of City-owned vehicles, equipment, materiais or property for
personai convenience or profit, except when such items are availabie
to the public generaily or are provided pursuant to municipal policy for
the use of such Pubiic Officiai in the conduct of Rosemount Municipal
Business.
B. EGIUAL TREATMENT OF CITIZENS. No public official shali grant any
special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen.
VII. CONFLICT OF INTEREST.
No Public Officiai shati engage in any business or transaction or shalt have
an interest which is incompatibie with the discharge in the pubiic interest of
his/her official duties or which would tend to impair his/her independence of
judgment or action in the pertormance of his/her official duties.
A. INCOMPATIBLE EMPLOYMENT. No Public Official shall engage in or
accept private employment or render services for private interests
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 pertormance 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.
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C. DISCLOSURE OF CONFIDENTIAL INFORMATION. No Public Official
shail, without proper legal authorization, disclose confidential
information concerning the property, governmental or other affairs of
the City.
D. GIFTS AND FAVORS. No Public Official shail accept any gift of more
than negligible 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 negligible
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.
E. REPRESENTATION OF PRIVATE INTERESTS. No Public�fficial whose
salary is paid in full or in part by the City, shall appear on behalf of
private interests before any agency of the City. Additionally, Public
Officials shall not represent private interests in any action or
proceeding against the interests of the City, in which the City is a
Pa�Y•
F. CONTRACTS WITH THE CITY. Except as otherwise provided in
Minnesota Statutes, Sections 471.87 through 471.89, no Public Official
shall take part in the making of a sale, lease or contract for the City
when he/she has an interest in the transaction; nor shall a member of
the Rosemount City Council be directly or indirectly interested in any
contract the City Council makes.
G. 1NTEREST IN LEGISLATION. No Public Official shal! use his/her
official position with the City to inftuence the passage or defeat of
legislation, whether at the municipai or state level, in which the Public
Official has an interest.
Vtll. PROHIBITED POLITICAL ACTIVITIES.
A. SOLICITATIONS. No Public Official shall orally, by tetter or otherwise,
solicit or be in any manner concerned in soliciting any assessment,
subscription or contribution to any pofitical party or for any political
purpose from another Public OfficiaL
B. PROMISES AND APPOINTMENTS. No Public Official sha11 promise an
appointment to any City position or any other benefit or reward
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emanating from the official powers of the Pubiic Official to a person in
exchange for poiitical activity.
(X. 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 OPfN10NS.
1. How Requested. Where any Public Official has a doubt as to
the applicability of any provision to this Code to a particular
situation, or as to the definition of terms used herein, heJshe
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 opin�on is
rendered. _
2. Status of Advisory �pinion. The opinion rendered by the City
Attomey, until amended or revoked, shall be binding on the City,
the City Council and the City Attorney in any subsequent actions
conceming the Public Official who sought the opinion and acted
on it in good faith, unless material facts were omitted or
misstated in the Public OfficiaPs request for the advisory
opinion. The opinion shall not be binding in any action initiated
by any citizen.
3. Availability of Irrformation. 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.
X. 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.
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B. OTHER PUBUC OFFICIALS. Any appointed officiais or other
empioyees of the City may be subject to suspension or dismissai from
office as a resuit of violation of this Code.
XI. DISTRIBUTION OF CODE OF ETHICS.
The City Clerk shall cause a copy of this Code to be distributed to every
Public Official of the City within thirty (30) days after enactment of this Code.
Each new Public Official appointed or engaged after initial distribution to this
Code shaN be furnished a copy before entering upon his/her municipal
duties.
XI1. SEVERABILITIf.
If 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�constitutional, such invalidity or
unconstitutionality shall not affect the remaining provisions of this Code,
which shall be given effect without the invalid orvconstitutional provision.
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