Chapter 2.04
CODE OF ETHICS
Sections:
2.04.040 Enforcement and penalties.
2.04.010 Policy and purpose.
A. The purpose of this chapter is to establish ethical standards of conduct for city officials and city employees by setting forth those acts or actions that are incompatible with the best interests of the city. By providing a guide for conduct in city matters, the city council hopes to promote the faith and confidence of the citizens in their government.
B. It is essential to the proper operation of democratic government that public officials and employees be independent and impartial; that governmental decisions and policy be made through proper channels; that public office not be used for private gain; and that there be public confidence in the integrity of government. Public officials and employees must serve their government in a fiduciary capacity and must not bestow special consideration upon any person merely because of that person’s relationship to an official or employee. The attainment of these ends is impaired whenever there exists conflict between the private interests of a public official or employee and his or her duties as such. The public interest therefore requires that the law protect against such conflicts of interest and establish appropriate ethical standards with respect to the conduct of elected officials and government employees. (Ord. 98-5 § 1 (part), 1998.)
2.04.020 Definitions.
As used throughout this chapter, the following terms shall have the following meanings ascribed to them:
“Compensation” means any money, thing of value or other pecuniary benefit received or to be received in return for, or as reimbursement for, services rendered or to be rendered.
“Confidential or privileged information” means public records and information exempt from inspection and copying under any provision of Section 2.01.040 or AS 09.25.110, or any other applicable law or ordinance, and any matter or information properly the subject of an executive session pursuant to Section 2.09.050 or AS 44.62.310.
“Official or employee” 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; provided, however, that independent contractors shall not be considered public officials or employees. Acts of any family member of a public official or employee, when done with the knowledge and consent of the public official or employee, shall be deemed to be acts of such official or employee for purposes of applying the prohibitions and restrictions of this ordinance. (Ord. 98-5 § 1 (part), 1998.)
2.04.030 Code of conduct.
A. Fiduciary Duty. Officials and employees shall at all time in the performance of their public duties owe a fiduciary duty to the city.
B. Improper Influence. No official or employee shall make, participate in making, or in any way attempt to use his or her position to influence any governmental decision or action in which he or she knows or has reason to know that he or she has a substantial financial interest. An official or employee has a substantial financial interest in a governmental decision or action when it is reasonably foreseeable that said decision or action will have a material effect on that official or employee distinguishable from its effect on the public generally.
C. Offering, Receiving, and Soliciting Gifts, Favors.
1. No person shall give or offer to give to any official or employee or to his or her spouse or minor child, and none of the aforenamed shall solicit or accept anything of value, including, but not limited to, a gift, favor, service or promise of future employment, based upon any understanding, either explicit or implicit, that the votes, official actions, decisions or judgments of any official or employee would be influenced thereby.
2. No person shall give to any official or employee or to his or her spouse or minor child and no official or employee or his or her spouse or minor child shall solicit or accept any anonymous gift, favor, service or other thing of value.
3. Any gift or other thing of value received in violation of the provisions of the section shall be returned to the person offering it. If that person is unknown or cannot be located, then the gift or item shall be turned over to the city manager to be held in trust for the citizens of the city. The city council may, by appropriate ordinance or resolution, provide for the public sale of any such items. Gifts of money as well as the proceeds from the sale of any such items shall, if not returned to the person giving the money or item, be deposited in the city treasury.
4. Except as prohibited above, nothing in this section shall prohibit any person from giving or receiving:
a. An award publicly presented in recognition of public service;
b. Commercially reasonable loans made in the ordinary course of the lender’s business;
c. Political contributions, provided they are reported to the extent required by law; or
d. Reasonable hosting, including travel and expenses, entertainment, meals or refreshments furnished in connection with public events, appearances or ceremonies related to official city business, if furnished by the sponsor of such public event.
D. Solicitation if Receipt of Money for Advice or Assistance. No official or employee, or his or her spouse or minor child shall solicit or accept any money or other thing of value including, but not limited to, gifts, favors, services, or promises of future employment in return for advice or assistance on matters concerning the operation or business of the city.
E. Use or Disclosure of Confidential Information. No current or former public official or employee shall use or disclose, confidential, privileged, or other non-public information gained in the course of or by reason of his or her position or employment unless authorized or required by law to do so.
F. Acceptance of or Participation in Cases Prohibited. No official or employee may represent, in any formal or informal appearance, any other person, for compensation, in any matter before the city council or a committee or other subdivision thereof, or before any city department, agency, board or commission or in any court of law, in connection with any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation or other particular matter involving a specific party or parties in which the city is a party or has a direct and substantial interest.
G. Official Oppression. No city official or employee shall, in the course of performing their municipal duties, physically, sexually or verbally abuse any person.
H. Payment of Taxes and Fees. No city official or employee shall be more than ninety days past due in payment of any undisputed tax or fee levied or charged by the city without having made any arrangements with the city for repayment of the tax or fee. (Ord. 98-5 § 1 (part), 1998.)
2.04.040 Enforcement and penalties.
A. Disciplinary Action. A finding that any public official or employee has violated any provisions of this chapter shall constitute a cause for reprimand, censure, suspension, removal from office or employment, or other disciplinary action as may be appropriate; provided, however, that no such finding shall be made except after all process due under applicable federal, state or local law is taken. In the event the city council considers the removal of a city elected official from office the following process shall be followed:
1. City council makes a motion to direct the city manager/city attorney/independent legal counsel to investigate facts as to whether or not cause for removal from office exists, regarding actions of the city council member in question;
2. The facts are assembled in writing, and if justification exists, the city attorney writes an opinion on the presented facts from the investigation;
3. All written information is presented to the city council as an agenda item;
4. If evidence presented shows cause for removal, the city council shall consider a motion to place the removal on the next agenda, along with a hearing to provide the council member in question the opportunity to give his/her side of cause;
5. At the next regular meeting or at a special meeting, a properly noticed public hearing shall be conducted. The hearing officer responsible for conducting the meeting would either be the mayor or city attorney. The council member in question may speak to the issue and present others who will speak to the issue. All who speak can be questioned by the city council;
6. The city council must make a motion to remove the council member with reference to the reason for removal or expulsion.
B. Fines. Any person found guilty of violating the provisions of this chapter shall be subject to prosecution in a court of competent jurisdiction and fined not more than five hundred dollars for each such offense.
C. Powers and Duties. The city council shall in addition to the powers and duties contained in Section 2.03.080, have the following powers and duties regarding violations of this chapter by members of the city council, including the mayor, and all officials appointed by the mayor and city council and the city manager. The city manager shall have the following powers and duties over all city employees:
1. To initiate and to receive complaints of violations of any of the provisions of this chapter.
2. To promulgate rules for the conduct of investigatory proceedings, including procedural rules consistent with the requirements of due process of law.
3. To render advisory opinions either orally or in writing with respect to the provisions of this chapter based upon a real or hypothetical set of circumstances, when requested in writing by an official or employee, or by a person who is personally or directly involved. Advisory opinions shall be made available to the public, but the identity of the person requesting the opinion and of any person whose conduct is involved in the set of circumstances described in the request for opinion, shall be confidential.
D. Disgorging Corporate Opportunity. Any current or former official or employee shall, upon demand of the investigating agency, account for all benefits accruing to such official or employee as a result of any violation of the provisions of this chapter. Any current or former official or employee receiving any such benefits in violation of any of the provisions of this chapter shall disgorge such benefits. In the event that any such official or employee refuses to account for benefits received in violation of any of the provisions of this section, the investigating agency may seek legal recourse necessary to receive such an accounting and disgorgement and any other disciplinary remedy. (Ord. 98-05 § 1 (part), 1998; Ord. 99-02 § 1, 1999.)