Chapter 2.50
GIFTS AND GRATUITIES
Sections:
2.50.010 Solicitation and acceptance of gifts or gratuities prohibited.
2.50.020 Gifts or gratuities to officials.
2.50.030 Gifts or gratuities to employees.
2.50.010 Solicitation and acceptance of gifts or gratuities prohibited.
(a) No city official or employee, nor their spouse or minor child, shall solicit or accept any money or other thing of value including but not limited to, gifts, gratuities, favors, services, or promises of future employment if the solicitation or acceptance could reasonably be interpreted as affecting the impartiality of a city official or employee or if the solicitation or acceptance is made in return for advice or assistance on matters concerning the operation or business of the city of Nome, Nome joint utilities or Nome public schools.
(b) If a city official or city employee is tendered or offered a gift or gratuity which, in the eyes of the public or city officials, reasonably could be construed to be an attempt to bribe, to influence or to encourage special consideration, advice or assistance with respect to municipal, utility, or school operations, such offer shall be reported without delay:
(1) To the chairperson of the respective board, commission or committee on which they serve in the case of a tender or offer to a city official; or
(2) To their department head who will in turn inform the city manager, the superintendent of schools, or the utility manager, as may be appropriate to their duties, in the case of a tender or offer to a city employee; or
(3) To the city manager, the superintendent of schools, or the utility manager, as may be appropriate to the official’s or employee’s duties, in the case of a tender or offer to a department head. (Ord. O-02-5-1 § 2 (part), 2002)
2.50.020 Gifts or gratuities to officials.
(a) If there should be any doubt whether a gift or gratuity is of such significance as to tend to create a conflict of interest between personal and official interests of a city official, or whether a gift or gratuity might reasonably be interpreted as affecting the impartiality of a city official, the official shall immediately report the matter to the respective chairperson of the board, commission or committee on which they serve or to the city manager, superintendent of schools or utility manager, as may be appropriate to the official’s duties.
(b) No city official shall accept any gift or gratuity of which they are aware may create a conflict of interest between their personal and official interests. No city official shall accept any gift or gratuity of which they are aware that the tender or offer of a gift or gratuity is of a nature that the offeror intended to bribe or to influence a decision, action or advice of the official or that there is a substantial probability of such intent unless the official or employee actually believes that such intent does not exist. Upon receiving notice that a city official has knowingly accepted any such gift or gratuity, the chairperson of the respective board, commission or committee shall request the city manager, the superintendent of schools or the utility manager (or their respective designee), as may be appropriate to the duties of the board, commission or committee, to conduct an investigation and report to the respective board, commission or committee.
(c) A city official who knows or reasonably ought to know that a family member has received a gift or gratuity because of the family member’s connection with the city office held by the city official shall report the receipt of the gift or gratuity by the family member to the chairperson of their board, commission or committee on which they serve or to the city manager, the superintendent of schools, or the utility manager, if the gift or gratuity would have to be reported under this section if it had been received by the city official or if receipt of the gift or gratuity by the city official would be prohibited under this section.
(d) A city employee serving on a city board, commission or committee unrelated to their employment with the city shall report any tender, offer or acceptance of a gift or gratuity made in connection with their duties or activities on the city board or commission as provided by this section.
(e) Violation of this chapter may subject a city official to censorship or discharge from office. Nothing in this chapter changes the process required to be followed in order to censor or discharge a city official; rather, it establishes grounds upon which such action may be taken. (Ord. O-02-5-1 § 2 (part), 2002)
2.50.030 Gifts or gratuities to employees.
(a) If there should be any doubt whether a gift or gratuity is of such significance as to tend to create a conflict of interest between personal and official interests of an employee, or whether a gift or gratuity might reasonably be interpreted as affecting the impartiality of an employee, the employee shall immediately report the matter to their department head. If the employee is a department head or employed city official, the employee shall report the matter to the city manager, utilities manager or superintendent as may be appropriate to the employee’s duties.
(b) No city employee shall accept any gift or gratuity of which they are aware may create a conflict of interest between their personal and official interests. No city employee shall accept any gift or gratuity of which they are aware that the tender or offer of a gift or gratuity is of a nature that the offeror intended to bribe or to influence a decision, action or advice of the official or that there is a substantial probability of such intent unless the employee actually believes that such intent does not exist. Upon receiving notice that a city employee has knowingly accepted any such gift or gratuity, the city manager, the superintendent of schools or the utility manager (or their respective designee), as may be appropriate to the duties of the employee, shall investigate the matter.
(c) A city employee who knows or reasonably ought to know that a family member has received a gift or gratuity because of the family member’s connection with the city employment of the employee shall report the receipt of the gift or gratuity by the family member to their department head if the gift or gratuity would have to be reported under this section if it had been received by the employee or if receipt of the gift or gratuity by the employee would be prohibited under this section. If the employee is a department head or an employed city official, the employee shall report the matter to the city manager, the superintendent of schools, or the utility manager as may be appropriate to the employee’s duties.
(d) Violation of this chapter may subject a city employee to discipline, up to and including discharge. Nothing in this chapter changes the process required to be followed in order to discipline or dismiss a city employee; rather, it establishes grounds upon which such action may be taken. (Ord. O-02-5-1 § 2 (part), 2002)
2.50.040 Exceptions.
Nothing in this chapter shall prohibit any person from:
(1) Giving or receiving an award publicly presented in recognition of public service;
(2) Making commercially reasonable loans made in the ordinary course of the lender’s business; or
(3) Participating in groundbreakings, celebrations, grand openings, open houses, informational meetings, voter forums or similar public events. (Ord. O-02-5-1 § 2 (part), 2002)
2.50.050 Definitions.
As used in this chapter:
“City employee” means all persons who perform service for wages or other remuneration under a contract for hire with the city, written or oral, express or implied, and regardless of title, for the city of Nome, including but not limited to persons working for the Nome city schools and the Nome joint utilities.
“City official” means, all persons elected to hold city office, including, but not limited to (a) the mayor; (b) members of the Nome city council, of the Nome joint utilities board or of the Nome city schools board; (c) the city manager, the superintendent of schools or the utility manager; and, (d) all persons appointed or elected to any city board, commission or committee, whether constituted under the names of the city of Nome, Nome city schools or Nome joint utilities, and who do not otherwise meet the definition of “city employee” set forth in this chapter.
“Conflict of interest” has the meaning set forth in subsection § 2.05.070(a). (Ord. O-02-5-1 § 2 (part), 2002)