Chapter 1.10
CODE OF ETHICS
Sections:
1.10.040 Penalties for noncompliance.
1.10.050 Removal of a Council Member, Commissioner or Committee Member.
1.10.070 Financial disclosure.
1.10.010 Definitions.
The following words and phrases as used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings:
“Business” means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, consultant, holding company, joint stock company, receivership, trust, or any legal entity organized for profit.
“City official” means any individual elected, appointed, hired, or otherwise selected to an office, position, committee, board, task force, or similar multimember body with the City, or any subdivision thereof, whether such individual is paid or unpaid.
“Compensation” means payment in any form for real or personal property or services of any kind.
“Gift” means a voluntary transfer of real or personal property of any kind or the voluntary rendition of services of any kind without consideration of equal or greater value, but not including any reasonable hosting, including travel expenses, entertainment, meals, or refreshments furnished in connection with appearances, ceremonies, and occasions reasonably relating to official City business, where otherwise permitted by law.
“Immediate family” shall have the meaning of mother, father, sister, brother, child, spouse, or grandparent.
“Person” means any individual or corporation, business, or other entity, however constituted, organized, or designated. [Ord. 261 § 1.010.010, 2009.]
1.10.020 Prohibited conduct.
The following shall constitute violations of this code of ethics:
(1) General Prohibition Against Conflicts of Interest. In order to avoid becoming involved or implicated in a conflict of interest or impropriety, or an appearance of conflict of interest or impropriety, no current City official should be involved in any activity that might be seen as conflicting with the conduct of official City business or as adverse to the interests of the City. Even the appearance of the following prohibited conduct alone may be sufficient to constitute a violation of this code of ethics.
(2) Beneficial Interests in Contracts Prohibited. No City official shall participate in his or her capacity as a City official in the making of a contract in which he or she has a financial interest, direct or indirect, or performs in regard to such a contract some function requiring the exercise of discretion on behalf of the City. Except, that this prohibition shall not apply where the City official has only a remote interest in the contract, and where the fact and extent of such interest is disclosed and noted in the official minutes or similar records of the City prior to formation of the contract, and thereafter the City Council authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer(s) having the remote interest. For purposes of this section, a “remote interest” means:
(a) That of a nonsalaried officer of a nonprofit corporation;
(b) That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary;
(c) That of a landlord or tenant of a contracting party;
(d) That of a holder of less than one percent of the shares of a corporation, limited liability company, or other entity which is a contracting party.
(3) Beneficial Influence in Contract Selection Prohibited. No City official shall influence the City’s selection of, or its conduct of business with, a corporation, person, or firm having or proposing to do business with the City if the City official has a financial interest in or with the corporation, person, or firm, unless such interest is a remote interest and where the fact and extent of such interest is disclosed and noted in the official minutes or similar records of the City prior to formation of the contract, as defined in RDMC 1.10.010.
(4) Representation of Private Person at City Proceedings Prohibited. No City official shall appear on behalf of a private person, other than himself or herself, except as a witness under subpoena before any regulatory governmental agency or court of law in an action or proceeding to which the City or a City official in an official capacity is a party, or accept a retainer or compensation that is contingent upon a specific action by the City.
(5) Certain Private Employment Prohibited. No City official shall engage in or accept private employment, or render services for, any private interest when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties.
(6) Beneficial Interest in Legislation Prohibited. No City official, in appearing before the City Council or when giving an official opinion before the City Council, shall have a financial interest in any legislation coming before the City Council and participate in discussion with or give an official opinion to the City Council, unless such interest is a remote interest and where the fact and extent of such interest is disclosed and noted on the record of the Council, or similar records of the City, prior to consideration of the legislation by the City Council.
(7) Disclosure of Confidential Information Prohibited. No City official shall disclose or use any confidential, privileged, or proprietary information gained by reason of his or her official position for a purpose which is for other than a City purpose; provided, that nothing shall prohibit the disclosure or use of information which is a matter of public knowledge, or which is available to the public on request.
(8) Improper Use of Position Prohibited. No City official shall knowingly use his or her office or position to secure personal benefit, gain or profit, or use his or her position to secure special privileges or exceptions for himself, herself, or for gain, or profits of any other persons.
(9) Improper Use of City Personnel Prohibited. No City official shall employ or use any person under his or her official control or direction for the personal benefit, gain, or profit of the City official or another.
(10) Improper Use of City Property Prohibited. No City official shall use City-owned vehicles, equipment, materials, money, or property for personal or private convenience or profit. Use is restricted to the conduct of official business, and for such purposes and under such conditions as are approved by the City Council.
(11) Acceptance of Compensation, Gifts, Favors, Rewards, or Gratuity Prohibited. No City official may, directly or indirectly, give or receive, or agree to give or receive, any compensation, gift, favor, reward, or gratuity for a matter connected with or related to the City official’s services with the City of Rio Dell, except this prohibition shall not apply to:
(a) Attendance of a City official at a hosted meal when it is provided in conjunction with a meeting directly related to the conduct of City business or where official attendance by the City official as a City representative is appropriate;
(b) An award publicly presented in recognition of public service; or
(c) Any gift valued at $50.00 or less, which cannot reasonably be presumed to influence the vote, action, or judgment of the City official or be considered as part of a reward for action or inaction.
(12) Impermissible Conduct After Leaving City Service.
(a) Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former City official shall disclose or use any privileged, confidential, or proprietary information gained because of his or her City employment or office.
(b) Participation in City Matters Prohibited. No former City official shall, during the period of one year after leaving City office or employment:
(i) Assist any person in matters involving the City if, while in the course of duty with the City, the former City official was officially involved in the matter, or personally and substantially participated in the matter, or acted on the matter.
(ii) Represent any person as an advocate in any matter in which the former City official was involved while a City official; or participate as or with a bidder, vendor, or consultant in any competitive selection process for a City contract in which he or she assisted the City in determining the project, or work to be done, or the process to be used.
(c) Duty to Inform. Whenever a City official wishes to contract with a former City official for expert or consultant services within one year of the latter’s leaving City service or office, authorization from the City Council shall be required.
(d) Exceptions. The prohibitions of subsections (12)(b)(i) and (12)(b)(ii) of this section shall not apply to a former City official acting on behalf of a governmental agency, unless such assistance or representation is adverse to the interest of the City. [Ord. 261 § 1.010.020, 2009.]
1.10.030 Filing a complaint.
All complaints shall be filed in accordance with the City of Rio Dell Whistleblowing Policy, established by Resolution 1028-2009. [Ord. 261 § 1.010.030, 2009.]
1.10.040 Penalties for noncompliance.
The City Council, and their designee as appropriate, may impose upon any person found, by a preponderance of the evidence, to have violated any provision of this code of ethics any combination of the following penalties:
(1) A cease and desist order as to violations of this code of ethics;
(2) An order to disclose any reports or other documents or information requested by the City Council or their designee;
(3) Discipline, up to and including termination or removal from any position, whether paid or unpaid, pursuant to all City policies or laws as applicable;
(4) Exclusion from bidding on City contracts for a period of up to five years; and/or
(5) Termination or invalidation of contract(s) entered into in violation of the code of ethics, only if such contract(s) provide for termination in the event of a code of ethics violation. [Ord. 261 § 1.010.040, 2009.]
1.10.050 Removal of a Council Member, Commissioner, or Committee Member.
(1) In addition to any other penalties that may be imposed under this chapter and notwithstanding any other provisions of City ordinance, the City Council may, for cause and by a majority vote of the City Council, remove from office any person who is currently a member of a City board, commission, committee, task force, or other multi-member body. Prior to implementation of such removal, the City Council shall provide notice to the person subject to removal and hold a public hearing. The findings and conclusions and disposition of the City Council shall be based upon evidence in the record. The provisions of this section shall supplement any other procedures required by the City or other applicable state or federal law for removal of such persons.
(2) In addition to any other penalties set forth in this chapter, any current or former City-elected official against whom a complaint has been made and whom the City Council determines to be found by a preponderance of the evidence to have violated the code of ethics may be subject to any one or more of the following actions by a majority vote of the City Council:
(a) Admonition. An admonition shall be a verbal statement approved by the City Council and made to the individual by the Mayor, or his or her designee, or if the complaint is against the Mayor, the Deputy Mayor, or his or her designee.
(b) Reprimand. A reprimand shall be administered to the individual by a resolution of reprimand by the City Council. The resolution shall be prepared by the City Council and shall be signed by the Mayor or, if the complaint is against the Mayor, the Mayor Pro Tem.
(c) Censure. A resolution of censure shall be a resolution read personally to the individual in public. The resolution shall be prepared by the City Council and shall be signed by the Mayor or, if the complaint is against the Mayor, the Mayor Pro Tem.
(d) Other Penalties. Budget reduction or restriction, loss of seniority, loss of a committee assignment, or loss of appointment as a representative of the City on any board, commission, committee, task force, or other multimember bodies which require an appointment or confirmation of an appointment by the City Council. [Ord. 261 § 1.010.050, 2009.]
1.10.060 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this policy. [Ord. 261 § 1.010.060, 2009.]
1.10.070 Financial disclosure.
All persons presently required to file reports under the California Fair Political Practices Commission shall, upon assuming any City office or position, file with the City Clerk true and correct copies of all reports required by law. [Ord. 261 § 1.010.070, 2009.]