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HomeMy WebLinkAboutOrdinance 87- 1240 Adds Ch. 2.01, code of ethics 288 ORDINANCE NO, 1240 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ENACTING A CODE OF ETHICS FOR CITY OFFICIALS AND EMPLOYEES, PREAMBLE The purpose of this ordinance is to enact a Code of Ethics for City officials and City employees, I BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section 1 That Section 2,01._ be added to the Bozeman Municipal Code and shall read as follows: 2,01, Declaration of Policy, The proper operation of the City government requires that public officials and employees be independent, impartial and responsible; that governmental policies and decisions be made in the proper channels of the governmental structure; that public office and employment not be used for personal gain; and that the public have confidence in the integrity of its government. The purpose of this Code of Ethics is to set forth standards of ethical conduct; to assist public officials and employees in establishing guidelines for their conduct; to foster the development and maintenance of a tradition of responsible and effective public service; and, to prohibit conflict between public duty and private interest. Section 2 That Section 2,01._ of the Bozeman Municipal Code be added to read as follows: 2,01, Definitions. As in this ordinance, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: A, Agency: The City Commission and all other Agencies, Boards, Departments and Offices of the City, without exception, B, City: The City of Bozeman, Montana, I C. Confidential Information: Any information which is not available to the general public and which is obtained only by reason of an official's or employee's position, D. Financial Interest: Any ownership interest, contractual relationship, business relationship or other interest which will result in a monetary or other material benefit to an official or employee, either tangibly or intangibly which has a value of more than $15, other than his duly authorized salary or compensation for his services to the City, and which interest is not common to the interest of all other citizens of the City, The following financial interest shall be imputed to be those of an official or employee of the City: that of a spouse or child of an official or employee; that of any prime contractor or subcontractor of the City, in which the official or employee or any member of his immediate family has any direct or indirect interest as the proprietor, by ownership of stock or partnership interest. E, Immediate Famj Iy: Spouse and chi Idren, F, Officials or Employees: All officials, officers, members and employees of the City and its Agencies, whether elected or appointed, whether paid or unpaid, whether permanent, temporary or alternate. G, Persona I Interest: Any interest arising from blood, marriage or from close busin.ess association whether or not any financial interest is involved, H. Transaction: The offer of, or the sale, purchase or furnishing of any real or personal property, or services, by or to any person or entity directly or indirectly, as I vendor or vendee, prime contractor, subcontractor or otherwise, for the use and benefit of the City or of such other person or entity, for a valuable consideration, Section 3 That Section 2.01. of the Bozeman Municipal Code be added to read as follows: - 2.01, Persons covered, All City officials and employees shall be bound by this chapter, ORDINANCE NO. 1240 2t39 Section 4 That Section 2,01, of the Bozeman Municipal Code be added to read as follows: - 2,01, Standards of Conduct. A, Officials and employees have an obligation to act morally and honestly in discharging their responsibilities, B, Officials and employees shall conduct themselves with propriety, discharge their I duties impartially and fairly and make continuing efforts toward attaining and maintaining high standards of conduct. C, Each official serving on a multi-member agency, authority, board, commission or committee is expected to devote the time and effort necessary to the successful functioning of such agency, authority, board, commission or committee, D, No official or employee shall improperly use, directly or indirectly, his City position to secure any financial interest or personal interest for himself or others. . E, No official or employee shall, for any reason, use or attempt to use his position to improperly influence any other official or employee in the performance of his official duties, Section 5 That Section 2,01, of the Bozeman Municipal Code be added to read as follows: - 2,01 . Use of City Resources, No official or employee shall use or permit the use of City owned vehicles, equipment, material or City personnel for personal use of the employee or official or anyone else or to be used in any manner prohibited by State statutes or City ordinance, No City automobile shall be used by a City employee or official going to or from home, except when such use is for the benefit of the City, as in the case of an employee on call outside of the employee's working hours, Section 6 That Section 2,01. of the Bozeman Municipal Code be added to read as follows: - I 2,01 . Treatment of the Public, City officials and employees represent the City government to the public. I n their contact with the public, officials and employees must bear in mind their role as public servants, Each member of the public should be treated courteously, impartially and fairly, Section 7 That Section 2,01, of the Bozeman Municipal Code be added to read as follows: - 2,01 . Conflict of Interest. A, No official or employee shall engage in any employment or business which conflicts with the proper discharge of his official duties, B. No official or employee shall have a financial or personal interest, tangibly or intangibly, in any transaction with the City as to which he, has the power to take or influence official action, A contract in violation of this section may be declared void at the option of the City Commission, C, If an official or employee has any tangible or intangible financial or personal interest in the outcome of any matter coming before the Agency of which he is a member or by which he is employed, such official or employee shall publicly disclose on the record of the agency or to his superior or other appropriate authority the existence of such financial or personal interest. An official or employee having such a financial interest shall not engage in deliberations concerning the matter and shall disqualify himself from acting on the matter, D, No official or employee, whether paid or unpaid, shall represent or appear on I behalf of any individual or entity, before any agency of the City, or take any appellate proceedings from any action of any such agency, either personally or through an associate or pa rtner, E, Nothing herein shall be interpreted or construed to prohibit any official or employee from exercising his legal rights as to his own personal interests in a matter pending before the City or any of its agencies, or to prohibit an official or employee from testifying as a witness in any administrative or judicial proceeding, However, no official or employee who represents his own personal interest before an Agency of which he is a ORDINANCE NO, 1240 2~U member or a member of an Agency to which the matter may be appealed shall participate in the decision of that Agency or the appellate agency, Section 8 That Section 2,01,_ of the Bozeman Municipal Code be added to read as follows: 2,01, Confidentia I Information, A, No official or employee shall, without legal authority, disclose confidential information concerning the personnel, property, government or affairs of the City, I B, No official or employee shall use confidential information to advance his own financial or personal interest or the financial or personal interests of any other person, C, Nothing in this section shall be interpreted as prohibiting the disclosure of information required by law to be disclosed, Section 9 That Section 2.01,_ of the Bozeman Municipal Code be added to read as follows: 2,01, Gi fts, gratuities and favors, No official or employee shall accept a gift, gratuity or favor from any person or entity, except as authorized by law, PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 27th day of July, 1987, JUDITH A, MATHRE Mayor ATTEST: ROBIN L. SULLIVAN I Clerk of the City Commission FI NALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 10th day of August, 1987, and effective thirty days after said date, JUDITH A, MATHRE Mayor ATTEST: ROBIN L, SULLIVAN Clerk of the City Commission State of Montana ) County of Gallatin : ss City of Bozeman ) I, Robin L. Sullivan, Clerk of the City of Bozeman, do hereby certify that the foregoing Ordinance No, 1240 was published by title number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 18th day of August, 1987, and said proof of such publication is on file in my office, IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office, I ROBIN L, SULLIVAN Clerk of the Commission ORDINANCE NO, 1240