Chapter 2.14 CODE OF ETHICS

B. In the event the complaint is against the City Clerk, the City Attorney, or his designee, will assume the duties of the Clerk in the proceedings. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999)

2.14.030 Purpose.

A. The purpose of this chapter is to assist members of the Council, and Mayor and the City Clerk in carrying out their responsibilities under their oaths of office to support and defend the Constitution of the United States, the Constitution of the State of Alaska, and the municipal code of the City of North Pole and to set the standards of conduct for the members of the City Council, Mayor, and City Clerk.

B. The Council declares: (1) that high moral and ethical standards among Council members, Mayor and the City Clerk are essential to the conduct of government; (2) that a code of ethics for the guidance of Council members, Mayor and the City Clerk will discourage those persons from acting upon personal interests in the performance of their duties, will improve standards of elective public service, and will promote and strengthen the faith and confidence of the people of the City in their Council members, Mayor, and City Clerk. The Council further declares that holding public office or employment is a public trust and that as one safeguard of that trust, the people should require the Council members, the Mayor, and the City Clerk to adhere to a code of ethics.

C. Any effort to benefit a personal or financial interest through official action is a violation of the public trust. The Council finds that as long as the ordinance codified in this chapter does not interfere with the full and faithful discharge of a Council member’s, or Mayor’s, or the City Clerk’s responsibilities, this chapter does not prevent a Council member or Mayor or the City Clerk from following other pursuits. The Council further realizes that:

1. In a municipality such as the City, Council members, the Mayor, and the City Clerk are drawn from society and therefore often have personal and financial interests in the decisions and policies of local government;

2. People who serve as Council members, the Mayor, or the City Clerk should retain the right to interests of a personal or financial nature;

3. Standards of ethical conduct for the Council, the Mayor, and the City Clerk must distinguish between those minor and insubstantial conflicts that are unavoidable in a free society and those conflicts of interests that are substantial and material.

D. Unethical conduct is prohibited. However, there is no impropriety if, as to a specific matter, the Council member, the Mayor, or City Clerk:

1. Has a personal or financial interest in the matter which is insubstantial or which is possessed generally by the public or a large class of persons to which the Council member, the Mayor, or the City Clerk belongs; or

2. Performs some duty or has some influence which would have insubstantial or conjectural effect on the matter. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999)

2.14.040 City Board of Ethics.

There is established a Board of Ethics consisting of five public members and one alternate public member, nominated and confirmed by the Mayor and the Council. The alternate member shall be a member of the Board with all the rights and responsibilities thereto, except as otherwise provided in NPMC 2.14.340(G). (Ord. 10-01 § 2, 2010)

2.14.050 Term of office.

A. Members of the Board shall serve terms of office of one year, except that initial appointments shall be:

1. One regular member for a term of one year;

2. Two regular members for a term of two years;

3. Two regular members for a term of three years; and

4. The alternate member for a term of three years.

B. A member of the Board shall remain in office until a successor is appointed and confirmed.

C. The Board is not subject to sunset requirements under NPMC. (Ord. 10-01 § 2, 2010)

2.14.060 Vacancy and removal.

A. A seat on the Board may become vacant by reason of resignation or death of a member of the Board.

B. Members of the Board may be removed with cause and the seats declared vacant by a majority vote of the Council.

C. Upon declaration of a vacancy the alternate becomes a regular member for the duration of the vacated term and a new alternate is appointed. (Ord. 10-01 § 2, 2010)

2.14.070 Chair of the Board.

A. Members of the Board shall elect a chair at a meeting scheduled in January for a term of one year. The chair shall preside at all meetings of the Board. The chair shall represent the Board to the Council and the general public.

B. The Board may appoint a temporary chair in the event that the chair declines or is unable to attend such meetings. (Ord. 10-01 § 2, 2010)

2.14.080 Meetings.

The City Clerk shall publish the schedule of all Board meetings and hearings. The Board may schedule meetings or special hearings by a majority vote. (Ord. 10-01 § 2, 2010)

2.14.090 Quorum.

A. A quorum shall consist of at least three voting members of the Board.

B. In the event a quorum cannot be met due to a member’s refusal to attend without excuse, the member may be removed and the seat declared vacant by a majority vote of the Council. The successor shall be appointed and confirmed as provided in NPMC 2.14.040 and 2.14.060 for the unexpired term of the removed member. (Ord. 10-01 § 2, 2010)

2.14.100 Meetings of the Board.

A. All meetings of the Board with respect to a complaint shall be closed and confidential, except the respondent may request a public hearing.

B. Other meetings of the Board shall be open and noticed appropriately. (Ord. 10-01 § 2, 2010)

2.14.110 Conflicts of interest.

A member of the Board who has a conflict of interest in any matter under investigation or consideration must disclose the conflict of interest and shall not participate in the matter. (Ord. 10-01 § 2, 2010)

2.14.120 Improper acts, code violation and criminal activity.

Theft, misappropriation of public funds, dishonesty, improperly disposing of City property, or any other act that violates any Federal law, State law or municipal code shall be considered a violation of this chapter. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.035.)

2.14.130 Misuse of official position.

A Council member, the Mayor, or the City Clerk may not:

A. Use or attempt to use an official position for personal gain, and may not intentionally secure or grant unwarranted benefits or treatment for any person;

B. Seek other employment or contracts through coercion or the use or attempted use of his or her position;

C. Attempt to and/or accept, receive or solicit compensation of any kind for the performance of official duties or responsibilities from any entity other than the City;

D. Attempt to and/or use City time, property, equipment or other facilities to benefit personal or financial interests;

E. Attempt to and/or take or withhold official action in order to affect a matter in which the Council member, the Mayor, or City Clerk has a personal or financial interest; or

F. Attempt to benefit a personal or financial interest through coercion of a subordinate or any City employee.

G. A City Council member shall not represent himself or herself as being the official authorized spokesperson for the Council on a given issue unless specially authorized by the Council, and otherwise when making a public statement or otherwise taking a public position shall state that he or she is expressing a personal opinion. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.040.)

2.14.140 Expenses.

A public official shall provide required documentation to support requests for expense reimbursements or advancements. Expense reimbursement and advancements shall be made in accordance with City policy and code. (Ord. 10-01 § 2, 2010)

2.14.150 Improper gifts.

A. A Council member, the Mayor, or the City Clerk may not solicit, accept or receive, directly or indirectly, a gift, in any amount, whether in the form of money, services, a loan, travel, entertainment, hospitality, promise, or other form under circumstances in which it could be reasonably inferred that the gift is intended to influence the performance of official duties, actions or judgment.

B. The receipt of a gift by a person to whom this chapter applies is prohibited.

C. It is not a violation of this section for a person to whom this chapter applies to accept:

1. Travel and hospitality primarily for the purpose of obtaining information on matters of Council concern or:

a. An incidental transportation to the residence of a person, or

b. A social event or meal;

2. Discounts that are available generally to the public or to a large class of persons to which the person belongs;

3. Food or foodstuffs indigenous to the State that are shared generally as a cultural or social norm; or

4. Gifts from the family of the person.

D. A person to whom this chapter applies who accepts a gift of travel and hospitality primarily for the purpose of obtaining information on matters of Council concern shall disclose the gift if it had a value of $100 (one hundred dollars) or more.

E. The disclosure notice of this section shall be submitted to the City Clerk and must include the name and occupation of the person making the gift, a description of the gift and the approximate fair market value of the gift. The disclosure shall be provided within thirty days after receipt of the gift and the Clerk shall maintain a public record of the disclosure.

F. The restriction relating to gifts imposed by this section does not apply to a campaign contribution to a candidate for the City Council, or Mayor, if the contribution otherwise complies with the laws and regulations of government elections and campaign disclosure. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.050.)

2.14.160 Improper use or disclosure of information.

A current or former City Council member, Mayor, or City Clerk may not:

A. Disclose or use information gained in the course of, or by reason of, the Council member’s or Mayor’s duties if that information could in any way benefit any person if the information has not been disseminated to the public; or

B. Disclose or use, without appropriate authorization, information that is confidential by law and that is acquired in the course of the Council member’s, the Mayor’s, or City Clerk’s official duties.

C. This provision shall not prevent any public official from reporting violations of this chapter or other illegal acts to the proper authorities. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.060.)

2.14.170 Improper influence in grants, contracts, leases or loans.

A. A Council member, the Mayor, the City Clerk, or members of the Council member’s, City Clerk’s, or Mayor’s immediate household may not attempt to acquire, receive, apply for or be party to, or have a personal or financial interest in a bid award, grant, contract, lease or loan to which the City is a party except under the rule of necessity.

B. The Council member or the Mayor shall report to the City Clerk, or, in the case of the City Clerk, the Mayor, a personal or financial interest held by the Council member, the Mayor, or City Clerk or a member of the Council member’s, or Mayor’s, or City Clerk’s immediate household, in a bid award, grant, contract, lease or loan before it is approved by the full Council. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.070.)

2.14.180 Improper representation.

A Council member, the Mayor, or the City Clerk may not represent, advise or assist a person in any matter pending before the Council or the City administration if the representation, advice or assistance is:

A. For compensation, unless the representation, advice, assistance, or compensation is required by statute, regulation, or court rule. The statute, regulation, or court rule which applies shall be included within the disclosure statement; or

B. Without compensation, but is rendered to benefit a personal or financial interest of the Council member, the Mayor, or City Clerk. This prohibition does not include a Council member or City Clerk who is associated with a nonprofit organization if the person serves without compensation or under the rule of necessity. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.080.)

2.14.190 Outside employment.

A. The Mayor or City Clerk may not render services to benefit a personal or financial interest or engage in or accept employment with other than the City if the outside service or employment is incompatible or in conflict with the proper discharge of official City duties unless under the rule of necessity.

B. If the Mayor or City Clerk renders services for compensation or engages in employment other than for the City, he or she shall report any outside service performed during the twelve months prior to July 1st of each year, the outside services or employment to the Mayor or City Clerk. During the year any change in the City Clerk’s or Mayor’s employment activity must be reported as set forth above. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.090.)

2.14.200 Aiding a violation.

It is a violation of this chapter for a Council member, the Mayor, or the City Clerk to knowingly aid another Council member, the Mayor, or the City Clerk in the violation of this chapter. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.100.)

2.14.210 Council member/Mayor/City Clerk declaration of potential violation.

A. A Council member, the Mayor, or City Clerk who is involved in a matter that may result in a violation of this chapter shall:

1. Refrain from taking any official action relating to the matter until a determination of conflict of interest is made under this section; and

2. Immediately disclose the matter in writing to the City Clerk. If the City Clerk is making the disclosure, it shall be submitted to the Mayor.

B. If the City Council determines that a Council member, or the Mayor, has a conflict of interest, then the Council member or Mayor shall, in addition to the requirements set forth in subsection (A) of this section, refrain from voting on the matter that gave conflict of interest for as long as the conflict shall exist.

C. In the case of the City Clerk, the City Attorney or his designee shall make a written determination of whether the involvement violates this chapter. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.110.)

2.14.220 Filing of a verified complaint.

Any person may file a verified complaint with the City Clerk alleging that a public official has violated City code. The complaint must:

A. Be a written statement of the charge setting out in ordinary and precise language the acts or omissions with which the respondent is charged, so that the respondent is able to prepare a defense;

B. Specify the sections of the municipal code, State or Federal law that the respondent is alleged to have violated;

C. No action may be taken on any violation which occurred before March 1, 2009, or two years, whichever is sooner. A complaint alleging violation must be filed within two years from the date of the action alleged to be a violation. (Ord. 10-01 § 2, 2010)

2.14.230 Form of verification.

A. The verification shall be substantially in the following form:

I, (complainant/respondent), have read the foregoing complaint/response, know the contents thereof, and the same are true to the best of my knowledge and belief.

B. The complaint/response and the verification must be signed by the complainant/respondent before a notary public. (Ord. 10-01 § 2, 2010)

2.14.240 Confidentiality.

A. All proceedings in respect of a complaint filed under this chapter are confidential and may not be disclosed to any person except as required for the proper processing and handling of the complaint.

B. It is not a violation of this section for a person to contact or retain an attorney or to participate in a criminal investigation.

C. All proceedings and records shall remain confidential unless the respondent requests a public hearing or until the Board of Ethics files with the Council its findings of fact and conclusions of law concerning the complaint.

D. The complainant and all other individuals involved in the ethics complaint have a duty of confidentiality. A violation of confidentiality by the complainant at any time, including prefiling before the Board makes public the complaint, will result in an automatic rejection of the complaint. Furthermore, any breach of confidentiality by any party involved, except by the respondent, is a violation of the North Pole Charter, Section 1.10. (Ord. 10-01 § 2, 2010)

2.14.250 Service of complaint.

A. Upon receipt of a verified complaint, the City Clerk, or City Attorney in the event the complaint is against the City Clerk in accordance with NPMC 2.14.020(B), shall:

1. Stamp the complaint with the date and time received, number the complaint, establish a docket for further proceedings, and enter the complaint, including date and time received, on the docket.

2. Review the complaint to determine that it complies with this chapter, that it alleges facts sufficient to constitute a violation, and that the Board has jurisdiction over the matter.

B. If the City Clerk determines that the complaint complies with this chapter and that the Board has jurisdiction, the City Clerk shall serve the complaint and notice on the respondent, personally or by U.S. mail, certified return receipt requested.

C. The City Clerk shall notify both the respondent and the complainant that the complaint has been accepted.

D. The notice shall specify the following:

1. The respondent must file a response to the complaint within thirty days from the date of the Clerk’s written notice;

2. The respondent may file a challenge to sufficiency of the complaint, if any, within fifteen days;

3. The respondent has the right to submit affidavits or other written evidence in support of his or her response;

4. Failure to submit a timely response shall be deemed an admission of the allegations in the complaint;

5. The existence of the complaint shall be confidential until after the City Council has reviewed the Board of Ethics findings of fact and conclusions of law;

6. The complainant and the respondent have the right to be represented at any hearing throughout these proceedings.

E. If the City Clerk determines that the complaint fails to comply with this chapter or that the Board does not have jurisdiction, the Clerk shall dismiss the complaint, setting forth the grounds in a written decision. The City Clerk shall serve a copy of the decision on the complainant.

F. A complainant may appeal a dismissal of a complaint to the Board by filing an appeal with the City Clerk within fifteen days after the date of the notice of dismissal. The appeal must state all facts and legal grounds for the appeal. (Ord. 10-01 § 2, 2010)

2.14.260 Response.

A. The respondent shall file a verified response within thirty days from the date of service of the complaint.

B. If the respondent fails to respond timely, the allegations of the complaint shall be deemed admitted. The City Clerk shall notify the complainant and respondent the allegations of the complaint are deemed admitted.

C. The respondent may appeal to the Board any deemed admission of the allegations of the complaint, for good cause, by filing an appeal with the City Clerk within fifteen days after the date on which the response was due. The appeal must state all facts and legal grounds for failure to respond timely. (Ord. 10-01 § 2, 2010)

2.14.270 Transmittal.

The City Clerk will forthwith furnish to the Board the complaint and response, if any, or any appeal and schedule a meeting of the Board. (Ord. 10-01 § 2, 2010)

2.14.280 Board of Ethics review and determination.

A. The Board shall review and consider all complaints accepted by the City Clerk, and timely responses, or any appeal of the dismissal of the complaint.

B. The Board shall take any action or combination of actions which it deems appropriate and which it is lawfully empowered to take, including but not limited to the following:

1. Consider any timely appeals filed pursuant to this chapter. Upon granting of the appeal, it shall notify the parties.

2. If the respondent has admitted the allegation or failed to respond, the Board may issue findings of fact and conclusions of law based on the written record.

C. The Board may, in its sole discretion, dismiss the complaint, or decide to proceed to resolution of the complaint, if:

1. The complainant seeks to withdraw the complaint at any time before the Board takes final action; or

2. The complainant, after notice, materially fails to cooperate in the Board’s review and consideration of the complaint. (Ord. 10-01 § 2, 2010)

2.14.290 Prehearing conference.

A. Upon receipt of the response, or if the time has passed and the respondent has failed to answer the allegations of the complaint, the City Clerk shall furnish copies of the complaint and response, if any, to the complainant, the respondent and the members of the Board of Ethics, including the notice convening the Board and setting the time and place for a prehearing conference.

B. The prehearing conference shall be held no later than thirty days after receipt of the response or the time for filing a response has run.

C. Both the complainant and the respondent may be represented by counsel at all proceedings after the filing of the complaint. An attorney representing a party shall file with the City Clerk an entry of appearance, furnishing the City Clerk with his or her name, mailing address, telephone and facsimile numbers and email addresses, if any.

D. At the prehearing conference, the following matters shall be considered:

1. Time and place for hearing on the complaint and response;

2. Any stipulations of fact;

3. Any motions to be filed;

4. Any simplifications of the issues;

5. Scheduling motions, discovery and any other relevant matters;

6. Exchange of evidence which shall not be later than ten days before the hearing; and

7. Any other matters that the Board determines will provide a fair and orderly hearing. (Ord. 10-01 § 2, 2010)

2.14.300 Hearing notice.

A. If the Board determines that a hearing on the complaint must be held, the City Clerk shall serve on the complainant and the respondent a notice of hearing setting out the time and place of hearing and the schedule for any preliminary matters. This notice shall include a statement of the right to provide written evidence and oral testimony. The complainant and the respondent shall also be informed of the right to be represented at the hearing.

B. If the respondent has failed to answer the allegations of the complaint or has admitted the allegations, the Board shall prepare findings of fact and conclusions of law based on the written record. (Ord. 10-01 § 2, 2010)

2.14.310 Subpoenas.

A. The Board shall issue subpoenas and subpoenas duces tecum at the request of either the complainant or the respondent, and may issue subpoenas and subpoenas duces tecum to witnesses not called or named by either party but who are deemed by the Board to have relevant information.

B. A subpoena issued under this section may be enforced in the Superior Court in the manner provided under the Alaska Rules of Civil Procedure. (Ord. 10-01 § 2, 2010)

2.14.320 Motions – Depositions.

A. All motions shall be served in the manner set forth in the Alaska Rules of Civil Procedure and the answering party shall have ten days from date of service to respond and moving party shall have five days to reply, unless another time has been agreed upon in the prehearing conference.

B. Either party or the Board’s attorney may depose witnesses. Notices of deposition shall be served on the parties no less than three business days before the date scheduled for the deposition.

C. Motions and depositions may not be used to extend the time for hearing. For good cause shown, either party may apply to the Board for an extension of the time for hearing. (Ord. 10-01 § 2, 2010)

2.14.330 Service by mail and filing.

A. If service by mail is used, seven days will be added for response time from the date of mailing. The party must certify the date mailed on the document.

B. All documents shall be filed with the City Clerk. (Ord. 10-01 § 2, 2010)

2.14.340 Hearing.

A. All hearings shall be before the Board of Ethics. The chair of the Board shall preside, unless another member of the Board has been so designated by the Board. The chair shall rule on admission and exclusion of evidence.

B. The Board may administer oaths, hold hearings, and take testimony. Upon motion by the Board or application by a party to the hearing, the Board may issue subpoenas to require the presence of witnesses and the production of records, books and papers at the hearing.

C. The City Attorney, or designee, shall act as the attorney for the Board and shall advise the Board on matters of law.

D. The complainant and the respondent may each present opening statements setting out the matters they intend to prove. The complainant shall proceed first with his or her evidence and the respondent shall follow, setting forth his or her evidence. The complainant and the respondent may make closing arguments.

E. The Board may obtain additional information by a request to the City Attorney, or designee, to investigate the complaint and report all information to the Board.

F. The Alaska Rules of Evidence do not apply to the admission of evidence in a hearing, but the Board’s findings of fact must be based on reliable and relevant evidence.

G. At the conclusion of the presentation of evidence and closing arguments, the Board shall consider the allegations, the evidence supporting them and the respondent’s evidence. If fewer than five members of the Board are available for deliberation the alternate shall be seated as a voting member until conclusion of the matter, including any appeals; otherwise, the alternate is excused at the conclusion of the hearing.

H. The complainant, the respondent, and their counsel shall be excluded from all deliberations of the Board. (Ord. 10-01 § 2, 2010)

2.14.350 Findings of fact and conclusions of law.

A. The Board shall enter its findings of fact and conclusions of law no later than thirty days after the conclusion of the hearing. The Board shall notify the parties and their attorneys if an extension is required to permit the Board to prepare its findings of fact and conclusion of law.

B. If the Board finds that no violation has occurred, the Board shall dismiss the complaint. The City Clerk shall serve the notice of dismissal on the complainant, the respondent and attorneys. The notice of dismissal remains confidential.

C. If the Board finds that a violation of this chapter has been committed, it shall prepare and submit its findings of fact and conclusions of law to the City Council.

D. The findings of fact and conclusions of law are final, conclusive and public in accordance with NPMC 2.14.250(D)(5).

E. The City Council may not change, modify or otherwise alter the findings of fact and conclusions of law as submitted.

F. The City Council shall impose a penalty on the public official in accordance with NPMC 2.14.380.

G. If the Board determines that no violation has occurred, or otherwise dismisses the complaint for substantive reasons, the Board may, in its discretion, award full or partial attorney fees from complainant to a public official who reasonably incurred those costs defending the complaint. (Ord. 10-01 § 2, 2010)

2.14.360 Appeal of findings of fact and conclusions of law and penalty.

A. After the City Council has determined and imposed a penalty, appeal of the findings of fact and conclusions of law and the penalty may be taken to the Superior Court in accordance with the Alaska Rules of Appellate Procedure.

B. Notice of an appeal must be filed with the Superior Court within thirty days of the imposition of the penalty. (Ord. 10-01 § 2, 2010)

2.14.370 Records retention.

The City Clerk shall provide for the storage or destruction of all records of the proceedings of the Board in accordance with the approved City retention schedule. (Ord. 10-01 § 2, 2010)

2.14.380 Penalties.

A. A member of the City Council or Mayor who violates this chapter shall receive as a penalty any or all of the following:

1. A civil fine of not more than $500 (five hundred dollars);

2. Public censure;

3. Restitution of damages sustained by the City including legal fees;

4. A call for the resignation of the public official.

B. In addition to any other remedy available by law or in equity, any City grant, contract or lease entered into in violation of this chapter is voidable at the option of the City Council. In determining under this section whether to void a grant, contract or lease, the interests of the third parties who may be damaged may be taken into account. The City Attorney shall give notice of intent to void a City grant, contract or lease under this section no later than thirty days after the Board’s determination of a violation of this chapter.

C. In addition to any other remedy available by law or equity, the City Council may require that a loan received from the City in violation of this chapter shall be immediately due and payable. All City loans are subject to this provision, whether or not the terms of the loan expressly refer to this ethics chapter. A land contract shall not be considered a loan under this chapter.

D. Any City action taken in violation of this chapter is voidable, except that the interest of the third parties in the nature of the violation may be taken into account. The City Attorney may pursue any other remedies available by law or in equity.

E. A penalty imposed under this section is in addition to and not in lieu of any other penalty that might be imposed according to law. To the extent that violations under this code are punishable in a criminal action, that sanction is in addition to the civil remedies set out in this chapter.

F. The decision of the Board is final. An appeal from a decision of the Board may be taken to Superior Court in accordance with the Alaska Rules of Appellate Procedure. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.230.)

2.14.390 Nepotism.

A. A member of the City Council member’s or Mayor’s immediate family may not serve as the City Clerk.

B. Neither a member of the City Council, nor the Mayor, nor the City Clerk shall use the position of office to influence the selection of any of the member’s, or the Mayor’s, or the City Clerk’s immediate family for any City employment. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.240.)

2.14.400 Disqualification.

A. A City Council member, the Mayor, or the City Clerk shall be disqualified from acting on any matter or proceeding coming before the City Council when such matter involves any person who is, or has been, a client of the member, the Mayor, or City Clerk within the year immediately preceding the date of such matter.

B. The Board shall interpret the word “client” to include only active financial relationships which could reasonably be expected to benefit from the action of the City Council member, the Mayor, or City Clerk.

C. “Client” does not include nonprofit organizations when the Council member, the Mayor, or City Clerk has not been compensated for his or her services. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.250.)

2.14.410 Employment of public officials.

A City Council member, the Mayor, or City Clerk who leaves City service may not, for one year after leaving City service, represent, advise or assist a person for compensation regarding a matter that was under consideration by the Council, and in which the City Council member, the Mayor, or City Clerk participated through the exercise of official action. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.260.)

2.14.420 Construction.

This chapter shall be liberally construed in favor of protecting the public interest in full disclosure of conflicts of interest and maintaining high standards of ethical conduct for members of the City Council, the Mayor, and the City Clerk. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.270.)

2.14.430 Severability.

If any part of this chapter shall be determined by a court of competent jurisdiction to be of no effect, such determination shall not affect any other part of this chapter. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.280.)

2.14.440 Definitions.

As used in this chapter:

“Benefit” means anything that is to a person’s advantage or self-interest, or from which a person profits, regardless of the financial gain, including any dividend, salary, pension, acquisition, agreement to purchase, transfer of money, deposit, loan or loan guarantee, promise to pay, grant, contract, lease, money, goods, service, privilege, exemption, patronage, advantage, advancement, or anything of value.

“Board” means the City Ethics Board.

“Complainant” means a person filing a complaint with the City Ethics Board.

“Financial interest” means:

A. An interest held by a person or entity subject to this chapter or an immediate family member or immediate household member, which includes an involvement or ownership of an interest in a business, including a property ownership, or a professional or private relationship, that is a source of income, or from which, or as a result of which, a person has received or expects to receive a financial benefit;

B. Holding a position in a business, such as an officer, director, trustee, partner, or holding a position of management.

“Immediate family member” means a City Council member’s, the Mayor’s, or City Clerk’s grandparents, parents, children, grandchildren, siblings, spouse, spouse’s children, spouses of children, or a regular member of the Council member’s, the Mayor’s, or City Clerk’s household.

“Immediate household member” means a person residing at the residence of the Council member, the Mayor, or City Clerk whether or not the person is an immediate family member as defined above.

“Person” includes a corporation, company, partnership, firm, association, organization, business trust or society, or joint venture.

“Personal interest” means an interest held or involvement by a public official or a member of a Council member’s, the Mayor’s, or the City Clerk’s immediate family, including membership in any organization, whether fraternal, nonprofit, charitable or political, from which, or as a result of which, a person or organization receives a benefit.

“Respondent” means the person against whom a complaint is filed with the Board of Ethics.

“Rule of necessity” means the City may make or enter into a contract in which an officer, employee, agent or member of his/her immediate family or a business associate has an economic interest if the nature of the transaction and the nature of the interest are publicly disclosed on the record prior to the time it is engaged in, and a specific finding is made by the City and is entered on the official record of the proceedings of the governing body that, notwithstanding the conflict, it is in the best interest of the City because the service or product is not otherwise available from another individual or entity at a similar or substantially less price. (Ord. 10-01 § 2, 2010; Ord. 99-4 § 2, 1999. Formerly 2.14.290.)