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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: ' . r M E M 0 R A N D U M TO: Mayor E. B. McMenomy and Members of the Rosemount City Council . 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 2 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. 3 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 4 +' ' , 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. 5 . � . 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. IA.N 6