HomeMy WebLinkAbout8.f. City Code of Ethics 4 �
CITY OF ROSEMOUNT
EXECUTiVE SUI�+R++iARY FOR ACTIC?N
CITY COUNCIL MEETING DATEzJune 1, 1993
AGE1�iDA ITEM; Gity Code o� Ethics AGENDA SECTIdN:
�1d Business
PREPARED BY: Stephan Jilk AGENDA Nj3��Q � 7T � �
� � ���
ATTACffi�iENTSs Code of Ethics � Draft #3 �' 4� $ •
As reques,ted, Mr. Mi1es has revised the proposed City Code € Ethics and
has pravided the �hird draf� for your eonsiderat�on.
The areas changed from the last discussion held were:
1. The section on representa�ion of private interests (Page 4,
Sectic�n VII. E. } has been completely redrafted to:
a. Clarify which aetions are prohibited,
b. Prohiba.t the counselin.g of private interests engaged in
l.egal praceedings with the City, and
c. Make it clear Chat, under certain circumstances, a public
official may repr�sent hisfhex own interests.
2 . As dis�ussed �t the May 18� �.993 City Counci�. meeting, the
section an salicitations (Page 4, Section VIII. A. ) has been
redrafted for clarification purposes.
3 . The last sentence o� the section on severability EPage 6, �ection
XSS} has finally been changed to substitute the word,
"'unconstitutional" for the word "cr�nsti�utiox�al . °
RECt�MMENDED ACTT�N:MC7tfOA to approv�e the Rosemount City Cod� o� �thics ,
` and to direct that they be dr�fted into ordir�ance farm for codifica�ic�n
and publication.
C�UNCIL ACTION:
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;
Iy, EMpRAN DUM
E B. MG�q�n��n�r and Members of the Rosemount City Council
TO:
FROM: Mike Mile/��"
DATEe May 25, 1993
RE: Adoption of th� City Code of Ethics
hed far your review if a third drafeetin s of�May 4th
Attac our Cit Cc�uncil m g
Ethics which was discussed at Y �u� �ost reeent discussians and
and May 1$, 1993 . Pursuant to y
instruc�ions, the follQwing changes t�ave been made �o this draft:
1 . The section on representation of priv�te interests (Page
4 , Sectis�n VII . E. � has been compietely redrafted to:
a . Clarify which actions a�e prohibited,
b. Prohibit the counsel.inq of grivate interests
enqaged in legal praceedings with the City, and
under certain eircumstances, a
c . Make it clear that, �e resent his✓her cawn
public official may P
interests .
2 . As disc�ssed at the May 18 r 1 Pa e 4ty Section1VI IItlAg )
the section on solicitat�ons ( � ur oses .
has been redrafted for clari.fieation p p
3 .
The last sentence of the seetion on severability (P�9e 6,
Section XIT} has final�Y for�theaword tflonstitutional��'
word, "uncanstitutic�nal"
I am rovidinq this to yc�u a week in advance of the next City
� so tt►at you have ample time tQ review this latest
Councii meetinq
rendition. .
Please cantac� me if you have any questions .
JMM:gmo
cc: Steve Jilk
0
Mike\Cityrose\McMenomy
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caoE aF ErHics
FOR ELECTED AND APPOINTED OFFICIALS AND
EMPLOYEES OF THE CITY �1F RCISEMOUNT
1. STATEMENT QF POUCY. _
Prope� and efficient operation of municipal gavernment in the City of
Rosemount, Minnesota, requires that its Public Off�ciais be independent,
impartial and responsible to the citizens; that municipal governmental
decisions and poiicy be made in accord with the proper procedures
established by the City, that municipal public office not be used for personat
gain; and that the citizens of the City have confidence in the in#egrity of its
municipai government.
IL CREATIQN AND PURPOSE OF CC?DE OF ETHiCS.
in recognition of the above-stated poticy, there is hereby estabiished this
Code cafi Ethics for all Pubiic Officiafs af the City. The purpose of this Code
is to estabGsh ethical standards of canduct for ali Qublic Officials by
defineating those ae#ions that ate incompatibte with fihe best interests of the
City and by directing disciosure by Public Officiais of priva#e financial or
other interests in matters affecting fhe City.
I{1. QEFiNiTIQNS.
A. BUSiNESS ENTITY: means a�y business, prc�prietarship, firm,
partnership,person in representative or fiduciary capacity,association,
venture, trust or corpora#ion.
B. CI11f: means the City of Rasemount, Minnesota.
C. INTERESfi mea�s direct or indirect financiat or materia[ benefit
realizsd by °a Public Qfficial as a result oi a .contract or transaction
v+rhich is or may be the subject of an officiai act or act�on by or with
the City, except for such contracts or transactions which confer a
simi�ar benefii on a significant number of persons who are not public
off�cials.
Foc the purposes of this Code, a Pubiic �#ficial shall be deemed to
have an interest in the affairs of:
1. Any person related to Mim/her by blootl or marriage in a degree
closer than the #ourth degree of consanguinity or affin�ty
(determined by civif law}.
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2. Any person or business entity with whom a con#ractuai
retationsh�p exis#s with tne Public OfficiaL
3, Any business entity in which the Pubiic 4fficial is an empioyee,
onfcer or director or member having a fiinanciat interest.
4. Any business en#ity in which in excess of fiive percent {5°/n) of
the totai stock or tota( legai and bene#icial ownership is
controiJed or owned directiy or indirectly by the Pubtic �fficiai,
D. PUBUC 4FFICIAL. This #errn means any person, officer or employee
holding a pvsi#ion by election, appointment or employment in the
service ot the City, whether paid or unpaid, inciuding rnernbers of any
board, comrnittee or commission thereof.
N. RESP+dNSIBILITIES OF PUBUC OFFICIALS.
Public Officiais are agents of pubiic purpose, and hold office for the benefit
of the pubtic. They are bound to uphold the constitution of the United
States, the constitu#ion of the Sta#e of Minnesota and to carry out �mpartialiy,
aii taws of #Me Uniied States, State of Minnesota, Dakota County and the City
o# Rasemount. Pubtic O##iciats must undertake their officiat duties with the
highest s#andards of mQrality and discharge the specific duties of their
respective offices, regardtess of personal considerations, recognizing that
the publie interests must be their primary concern. Their conduct in carrying
out their officiat respansibiti#ies must be above reproach,
V. STANDAR�S OF SERVICE.
A. ADNERENCE T4 QBJEGTIVES. Atl Pubtic Officiais of Rosemoun#
should be loyal to the pvlitical objectives expressed by the electorate
and the programs developed by appropriate municipal action to
achieve thase object�ves. Appoin#ed officiais and employees should
adhere to the rutes of work and performance established as the
standards far the positions by their appointing authorities.
B. CONFtJRMANCE WITH LAWiCt?OPERATI4N. Public Officials shatl not
exceed tMeir authflrity or breach fhe !aw or ask others to do so. They
should work in futi cooperation with other Pubi�c 4fficiais, uniess
prohibiied from doing so by Iaw or by legaliy recogni�ed
confidentiality o# their wt�rk. :
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VI, PRONIB{TION OF SPECIAL TREATMENT.
A. USE QF PUBLIC PROPERTY. No Pubiic Offieial shati request or permit
the use of Crty-owned vehicies, equipment, materiats or prc�perty for
personal convenience or pro#it, except when such items are available
to the public generaNy or are provided pursuant to municipal policy for
the use of such Pubiic Offieial in the conduct of Rosemount Municipa!
Business.
B. EQUAL TREATMENT OF CITtZENS. No pubiic officiai shali grant any
special consideration, treatment or advantage to any citizen beyond
that which is available to every ather citizen.
VI{. CONFLlCT OF 1NTEREST,
No Public Official shat! engage in any business or iransaction or shaii have
an interest which is incompatibte with tfie discharge in the pubiic interest of
his/her�of#icial duties ar which would tend to impair his/her independence o#
judgment or action in the performance of hisfh�r o�ficial duties. P�h���-li�rc..
will �,llot 1� 1�����
A. INCOMPATiBtE EMPLOYMENT. No Pubiic Officiat shatl 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 d`uties or would tend to impair his(her
independer�ce of judgment or action in the performance of those
officiat duties.
B. USE OF lNFORMATf�N. Nt� Pubiic Official shaii use any inforrna#ion
gained exctusively from his/her public position or endeavars to in any
way further his/her interests.
C. DISCLOSURE OF COMFIDENTIAL lNFORMAT1UN. No Public Official
shafi, without proper Iegal authorization, disctose contidentiai
information concerning the property, governmentat or other affairs o#
the City.
D. GIFI"S AND FAVORS. Na Pub{ic �##iciaf shali accept any gift of rnore
than token value, whether in the #orm of a service, ioan, thing or
promise, trom any person, firm or corporation which #o the Public
Offieiai°s knawiedge is interested directty or indirectly in any rnanr�er
whatsaever, in business dealtngs with the City. Additionaily,the Public �
Offieiai shait not accept any gift, favor or thing of more than token
vatue that may tend to infiuence him/her in the discharge of officiai
duties or grant in the discharge of said duties, any improper favor,
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senrice or thing of more than negiigible value. For purposes of this
sec#is�n, "token value" shall mean a gift, favor or thing worth no mare
than Twenty-Five Doftars ($25.�0).
E, REPRESENTATlON OF PRIYATE tNTERESTS. No Pub{�c 4fficiai whose
satary is paid in fui{ or in part by the City shall undertake any of the
tollowing actions.
1. APPearance.s Befare City Agencies. Except as provided in
Section VIi E.4., no Pubiic Qfficial shaii appear on beha{f of the
private interests of any person or enti#y before any �gency,
board, committee, commission or other entity ofi the City.
2. Proceedings tnvolving the C"rty. Except as provided in Section
VII E.4., no Pubiic Official shait represent tl�e private interests of
a person or entity in an�egal action or,,�i'oceeding in which the
Cit 's a -party when such private interests are contrary to the
in#�ests of the City.
3. Consuitafion/Advice to Private trr#erests. Na Public Officiat shaU
counsel or provide advice regarding the private in#erests of any
person or entity with respect to a legal action or�`p'�aceeding +n
which #he City is a party when such private interests are
cantrary to the City's interests.
4. Represerrtafion Exception. A Public �tticial may represent
his/her own private interests before the City in matters or
proceetfings set forth In Sections Vti E.1. and 2. above i#:
a. The Public Officiai renounces hisTher publ�c position and
authority at ali times rei�vant to representation ot hisJher
own in#eres#s; and
p. Such representatton is timited to the Pubiic Official's awn
interests:and does not directiy encompass representation
of the private interests of another person or entity.
F. CON7RACTS WtTH THE C1TY. Except as otk�erwise provided in ,
Minnesota Statutes, Sectians 471.87 through 471.89, no Public �fficiai
shaH take part in the mak�ng of a saie, �ease or con#ract for the Gity
`when he�she has an interest in the trans�ction; nor shatl a member of
the Rosemount_City Councit be directty or indire�tly inier�sted in any
contract the City Council makes.
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G. INTEREST IN LE�tSLATlON. No Public 4fficiai shatl use hisiher
official position with the City to �nfluence the passage ar defeat of
Iegislation, whe#her at the municipal or state tevel, in which the Pubfic
Official has an in#erest.
Vf1L PRQHIBITED POLITICAL ACTtVITIES.
A. SC)L.lCtTATtONS. No Pubiic Official shall in any way solici# funds for '
any politicat party or for any pol�tical purpose from another Pubiic
OffiCial,
B. PRQMISES AND APPOINTMENTS. No Pubtic Officiai shait prornise an
- appointment to any City position or any ather bene#it ar reward
emanating tram the official powers of the Public +Official to a person in
exchange for poi�tical activity.
[X. APPLICABILITY 4F CODE.
A. BROAD CONSTRUCTION. It is intended that this Gode of Ethics be
construed broadiy so as#o encompas� ail questionable situatio�s and
actions.
B. ADV1St3RY OP1NiONS.
1. How Requested. Where any Public Official has a doubt as to
the applicabiiity of any provision to this Code to a particular
situa#ion, ar as to the definition of terms used herein, he/she
rnay appfy to the City Attomey for an advisory opir�ion. The
Pubiic Officiai shall have the opportuni#y to present his/her
interpreta#ion of' the facts a# issue and the applicability ot
provisions o# thas Code before such advisory apinion is
r�ndered.
2. Status of Advisory Opinion, The opinion rendered by the City
Attorney, untii amended or revoked,sMall be binding on the Ci#y,
the City Council and the City Attorney in any subsequent actions
concerning the Pubtic Offic'ral who sought the opinivn and acted
on fit in good faith, unles$ material facts were omttted or
rnisstated in the Pubiic Officiai's request for the advisory
opinion. The opinion shaif not be t�inding in any act'ton initiated
by any citizen.
3. Availabiiily of Information. Any advisory opinion of the �ity
Attorney shatt be made public upcan request. However, the
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names of alf persons or busin�ss en#iti�s mentipned in the
opinion, except that of#F�e Pubtic Officiat requesting the apinion,
shali be deemed private information and shaii no# be disciosQd
by the Gity Attorney, unless the persons or business entities
mentioned in the opinion waive such confident�ality.
X. PENQLTIES aND FQRFEIT OF POSITfON.
q. GITY COUNCiL MEMBERS. Qny rnember of the City Councit who
viotates this Code shouid consider whether voluntary resignation ar
other disciplinary action is indicated to pramote the best interest of
the City. The remainder of the City Counci� may censure any member
of the Gouncii who violates this Code.
B. OTHER PUBLIC OFFtCIl4LS. Any appointed officiats or other
empioyees of the City may be s�abject to suspension or dismissai from
office as a resuit of violation of this Code.
Xi. DISTRtBUT10N OF CO�E OF ETHIGS.
The City Clerk sha!! cause a copy of this Code to be distributed to every
Public Officiai of the City within thirty (30) days after enactment of ttris Code,
Each new Pubiic Officiai appointed or engaged after tnitiai distribution to this
Code shaii be furnished a copy befare en#ering upan his/her municipat
duties.
Xtt. SE1fERABiLtTY.
ifi any provision o# this Gode is fc�und by a court of competent �urisdiction to
be invalid or unconstitutional, or if the application of this �ode to any person
or circumstances is foe�nd to be invalid or unconsti#utional, such invalidity or
uncQnstitutionaiity shali not affect the remaining provisions of this Gode,
which shatl be given effect without the invatid or unconstitutionai provision.
Cityrose�Gode-�th
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