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Adopted Ethics CodeORDINANCE 06-018 as amended An Ordinance to create a Code of Ethics for all City of Monroe Public 1 Servants, as well as a Board of Ethics to review complaints alleging violations of the 2 Code of Ethics. 3 THE CITY OF MONROE ORDAINS. 4 SECTION 1. PURPOSE AND PUBLIC POLICY. 5 The Monroe City Council is the governing body for the City of Monroe; 6 therefore it bears the primary responsibility for the integrity of governance. The 7 following set of standards are intended to preserve the values, integrity, and 8 fiduciary duty of local government. One of the best ways to maintain the public's 9 confidence and trust in its government is to assure that all decisions and actions 10 of government are made on the merits, free of any consideration of private gain; 11 and that expectations for this behavior exist during and after association with the 12 City; and that unambiguous rules of ethical conduct are published, followed, and 13 enforced. 14 As such; it is the purpose of this ordinance to codify standards of ethical 15 conduct that are clearly established, understood and uniformly applied. These 16 standards will provide residents, public servants and all others with guidance and 17 information about ethical standards. The following six standards of conduct are 18 addressed in this Ordinance: (1) Conflict of Interest, (2) Improper Use of 19 Position, (3) Incompatible Employment, (4) Political Activity and Inappropriate 20 Solicitations, (5) Confidential and Public Information, (6) Public Property and 21 Personnel. 22 2 The City of Monroe shall not tolerate harassment or discrimination 23 because of religion, race, color, national origin, age, sex, height, weight, familial 24 status, or marital status as prohibited by Elliott-Larsen civil rights act, MCL 25 §37.2101, et. seq. 26 It is the public policy of this City that all public servants understand and 27 implement these ethical standards and guidelines so as to advance the purpose 28 of this ordinance in accordance with the following principles: 29 1. Public Interest: Public servants derive their authority and power from the 30 public and are obligated to exercise that power as trustees of the public. 31 The power and resources of government therefore shall be used only to 32 advance the public interest. 33 2. Objective Judgment: Loyalty to the public interest requires that all matters 34 shall be decided with independent, objective judgment, free from 35 avoidable conflicts of interest, improper influences, and competing 36 loyalties. 37 3. Accountability: Keeping with the Michigan Open Meetings Act, and the 38 Michigan Freedom of Information Act, government business shall be 39 conducted in the Sunshine in an efficient and fair manner, so as to enable 40 residents to make informed decisions and to hold public servants 41 accountable. 42 4. Conduct: All public servants shall honor and respect the spirit and 43 principles of representative democracy and will conscientiously observe 44 the spirit as well as the letter of the law. 45 3 5. Respect: All public servants shall maintain public confidence by being 46 honest, fair, and respectful of all persons and property with whom they 47 have contact; by maintaining non-partisanship in all official acts, and by 48 avoiding conduct which may tend to undermine respect for public 49 servants. 50 SECTION 2 TITLE 51 This ordinance shall be known and may be cited as, “the Code of Ethics.” 52 SECTION 3. CONSTRUCTION AND DEFINITIONS 53 1. In the event that a violation of the Code of Ethics is also a violation 54 of applicable state law; the alleged violator may be subject to prosecution under 55 either provision, as determined by the appropriate prosecutorial entity. 56 2. As used herein, the following definitions shall control: 57 a. "Agency" means any department, office, multi-member body, or 58 other organization of the local government. 59 b. "Appointee" means one who holds either a compensated or an 60 uncompensated position, including a person who is appointed by the Mayor and 61 City Council but who is not considered an employee of the City of Monroe but 62 rather who are members of boards, commissions, committees, and municipal 63 corporations, and boards that have State-granted judicial, legislative, and policy-64 making authority. 65 c. "City" means the City of Monroe. 66 d. "Clerk" means the Clerk/Treasurer of the City of Monroe. 67 4 e. "City Council" means the legislative body of the City of Monroe.68 f. "Confidential Information" means information that has been 69 obtained by a public servant in the course of acting as a public servant that is not 70 available to members of the public under either the Michigan Freedom of 71 Information Act, or the Michigan Open Meetings Act; or for which disclosure or 72 release to the public is exempted or prohibited under any other ordinance, state 73 or federal law, rule or regulation. As used herein, information, includes, but is not 74 limited to, verbal information, written information or information that is 75 electronically or mechanically stored, transmitted or reproduced. or any other 76 means of recording or retaining meaningful content. 77 g. "Decision" means 78 (1) A determination, action, vote, or other disposition upon a 79 motion, proposal, recommendation, resolution, or ordinance 80 by the city council or local government agency; or 81 (2) a determination, action or other disposition taken by a public 82 servant, or other government agency in the performance of 83 their public duties. 84 h. "Gift" means the transfer of anything of economic value to a public 85 servant, regardless of form, intended to influence his or her official duties or as a 86 reward for any action taken by the public servant. 87 i. "Immediate Family" means: 88 (1) A public servant's spouse, or 89 5 (2) A public servant's relative by marriage, lineal descent, or adoption; 90 or 91 (3) an individual claimed by a public servant or a public servant's 92 spouse as a dependent under the United States Internal Revenue 93 Code, Title 26, Section 152. 94 j. "Local Government" means the governmental organization of the 95 City of Monroe. 96 k. "Mayor" means Mayor of the City of Monroe. 97 l. "Ownership Interest" means a financial or pecuniary interest that a 98 public servant has in the affairs of (1) any business entity in which the public 99 servant or a member of his or her immediate family is an officer, director, 100 member, or employee; (2) any business entity in which the public servant or a 101 member of his or her immediate family control, or directly or indirectly owns, in 102 excess of ten-percent (10%) of the total stock or an interest totaling $50,000 or 103 more in value; or (3) any person or business entity with whom the public servant 104 has a contract. 105 m. "Personal Services Contract" means a contract for the retention 106 of an individual, corporation, partnership or other business entity to perform 107 services, professional or otherwise, on behalf of the City for a fixed period of time 108 and for fixed compensation. 109 n. "Private Gain" means any benefit which is accepted or received by 110 a public servant, or his/her immediate family, or is perceived by a reasonable 111 person to be accepted or received by a public servant, or his immediate family, 112 6 as remuneration for the purpose of influencing an official action in a specific 113 manner, or for refraining from the performance of an official action in a specific 114 manner, or as an inducement for the public servant to act in favor of some 115 interest other than in the public interest. 116 To clarify, by way of illustration only, unless the aforementioned standard 117 is violated, the following types of benefits, monetary payments, or 118 reimbursements, gifts, awards or emoluments are permissible to be received by 119 a public servant: 120 (1) The payment of salaries, compensation or employee benefits to a 121 public servant by an employer or business other than the local 122 government pursuant to employment/contract where the payment 123 is unrelated to the public servant's status as a public servant; and 124 which did not involve the use of the local government's time, 125 equipment, facilities, supplies, staff or other resources. 126 (2) Authorized reimbursement by the local government to a public 127 servant of actual and necessary expenses incurred by the public 128 servant pursuant to duly enacted ordinances and resolutions of the 129 City of Monroe; 130 (3) Campaign or political contributions which are made and reported, if 131 required, by a public servant in accordance with State law; 132 (4) Ceremonial gifts given in the normal course of a public servant's 133 official capacity; as well as seasonal gifts of nominal value 134 provided to the City, and not solely to an individual public servant. 135 7 (5) A gift received from a public servant's immediate family member, 136 provided that the immediate family member is not acting as a third 137 party's intermediary or an agent in an attempt to circumvent this 138 article; 139 (6) Meals or beverages provided to the public servant by an individual 140 or by a nongovernmental organization during a meeting related to 141 official local government business; 142 (7) Complimentary copies of trade publications, books, reports, 143 pamphlets, calendars, periodicals or other informational materials 144 that are received by a public servant; and 145 (8) Receipt by a public servant of a bequest or inheritance. 146 o. "Public Servant" means the Mayor, City Council member, Clerk, 147 any appointee, employee, or individual who provides services to the local 148 government within or outside of its offices or facilities pursuant to a personal 149 services contract. 150 SECTION 6 SIX STANDARDS OF CONDUCT 151 1. Conflict of Interest. 152 A. A public servant shall not make a loan of public funds, grant 153 a subsidy, fix a rate, issue a license, permit or certificate, or 154 otherwise regulate, supervise or participate in a decision that 155 pertains to an entity in which the public servant, or a member 156 of his or her immediate family, or any other person with 157 8 whom they have a financial relationship, has an ownership 158 interest. 159 B. A public servant, shall not solicit, accept or receive, directly 160 or indirectly, a gift, loan or promise of money, goods, 161 services, contribution, reward, employment, future 162 employment, any favors, gratuities or special consideration 163 or other things of value from anyone who is currently doing 164 business with the City, seeking to do business with the City, 165 or who may currently be negotiating to do business with the 166 City in the future, or who may otherwise seek any actions or 167 approval by the City unless specifically allowed by City 168 policy. 169 2. Improper Use of Position. 170 A. A public servant shall not use his or her public office and 171 employment to obtain financial gain for himself or herself, a 172 member of his or her immediate family, or a business or non 173 profit organization with which he or she is associated or use 174 his or her official position to secure special privileges or 175 exemptions for himself or herself, or others, except as 176 provided by law. 177 B. A public servant shall not represent his or her personal 178 opinion as that of the City. 179 3. Incompatible Employment. 180 9 A. A public servant shall not engage, accept employment, or 181 render services, for a private or public interest where such 182 employment or service is incompatible with the proper 183 performance of the public servant's duties for the City, 184 or where such employment or service is reasonably 185 expected to impair the public servant's independence of 186 judgment or action in the performance of his or her official 187 duties for the City. 188 B. A public servant shall make a written disclosure to the 189 Mayor, City Council, Clerk, or City Manager as appropriate, 190 as to the nature and extent of outside employment when 191 such outside employment involves business being 192 transacted with the City that has either a direct or indirect 193 financial benefit to the public servant or to a public servant's 194 immediate family. 195 4. Political Activity and Inappropriate Solicitations. 196 A. A public servant, while performing his or her duties as a 197 public servant or in the course of his or her employment, 198 shall not use City property for his or her political benefit or for 199 the political benefit of any other person seeking elective 200 office. This provision shall not prohibit the use of property or 201 facilities available to the public on an equal basis for due 202 consideration paid while the public servant is not performing 203 10 his or her duties as a public servant or while not in the 204 course of his or her employment. 205 B. A public servant, while performing his or her duties as a 206 public servant or in the course of his or her employment, 207 whether on City property or not, shall not solicit political 208 campaign contributions, or votes for elective office, or 209 personally solicit contributions that support philanthropic 210 activities or organizations. 211 5. Confidential and Public Information. 212 A. A public servant or immediate family member or any other 213 person shall not benefit financially or enjoy private gain 214 from confidential information acquired in the course 215 of holding elected office or employment with the City. 216 B. Except as authorized by law, a public servant shall not 217 knowingly disclose confidential information to any person not 218 authorized to obtain such information that is acquired in the 219 course of his or her employment or in the course of holding 220 elected office. 221 6. Public Property and Personnel. 222 A. A public servant, shall not use or permit others to use any 223 City-owned property, City funds, City personnel, or any other 224 tangible City resources under his or her control for private 225 gain or to support the activities of commercial or 226 11 noncommercial interests unless approval is first obtained 227 from the City Council, the City Manager, or the appropriate 228 Department Head, as the circumstances require. 229 SECTION 5 BOARD OF ETHICS 230 1. Creation. There is created an independent body called the Board 231 of Ethics. 232 2. Objective. The Board of Ethics is charged with reviewing and 233 determining the factual sufficiency of all complaints alleging violations of the 234 Code of Ethics; as well as issuing written advisory opinions when so requested. 235 The Board of Ethics is a fact-finding body whose determinations and 236 findings are strictly advisory, and not mandatory, upon the local government. 237 3. Board membership; terms; quorum; meetings; rules. 238 A. The Board of Ethics shall consist of five (5) members at least three 239 (3) of whom must be residents of the City of Monroe and two who are residents 240 of Monroe County who own property within the city, or own a business within the 241 city, or are employees of a business located within the city. 242 B. The Mayor shall appoint the members with the advice and consent 243 of City Council. Current public servants are not eligible for appointment to the 244 Board. Members of the Board may be removed by the Mayor for cause, with the 245 consent of City Council. 246 C. Members shall be appointed for six (6) year terms, except that of 247 those first appointed, two (2) shall serve for six (6) years, two (2) shall for four (4) 248 years, and one (1) shall serve for two (2) years. In the event of a vacancy, the 249 12 Mayor shall, without unnecessary delay, appoint a member to fill the vacancy for 250 the remainder of the term, with the advice and consent of Council. 251 D. Three (3) members of the Board of Ethics shall constitute a quorum 252 and the affirmative vote of three (3) members shall be necessary for any action. 253 Members of the Board of Ethics shall serve without compensation. 254 E. The Board of Ethics shall elect a chair annually. 255 F. The Board of Ethics will receive necessary resources and staff 256 support as needed. 257 G. The Board of Ethics shall meet at least once each fiscal year, and 258 more frequently as necessary. Meetings of the Board shall be subject to the 259 Michigan Open Meetings Act. 260 4. Confidentiality and Due Process: To the extent legally permitted 261 under the Michigan Freedom of Information Act and the Michigan Open Meetings 262 Act, the Board of Ethics shall keep all complaints and requests for advisory 263 opinions confidential. 264 All persons alleged to have violated this ordinance shall be afforded due 265 process of law, including notice, the opportunity to be heard, and the right to 266 representation of their choice. 267 Members of the Board of Ethics or any public servant who has access to 268 any confidential information that is related to the functions or activities of the 269 Board are prohibited from divulging such information to any person who is not 270 authorized to possess the information. 271 13 5. Reporting Violations: No person making a complaint or 272 requesting an advisory opinion, or participating in any proceeding of the Board of 273 Ethics, shall be retaliated against in any manner for such participation. Any 274 public servant who witnesses, or becomes personally aware of, a violation of this 275 ordinance shall report that violation within thirty (30) days of discovery of the 276 violation. 277 All alleged violations of the Code of Ethics should first be reported to the 278 public servant’s immediate supervisor. If the immediate supervisor fails to take 279 action within ten (10) days of his or her receipt of the complaint, or the immediate 280 supervisor is the focus of the complaint, the public servant may bypass his or her 281 immediate supervisor and may file his or her complaint directly with the Board of 282 Ethics. 283 The complaint must be in writing and shall include the following 284 information: 285 1. The name and address of the person who files the 286 complaint. 287 2. The name and address of the party or parties against whom 288 the complaint is filed. 289 3. A clear and concise statement of facts which the complaint is 290 based upon. 291 4. A reference to one, or more, provision in the Code of Ethics 292 that has been allegedly violated. 293 14 5. Any further information which might support the allegations 294 in the complaint. 295 6. Action on Complaint: The Board of Ethics shall acknowledge 296 receipt of the written complaint within ten (10) business days of receipt of the 297 complaint. 298 7. Powers and Duties: The Board shall receive complaints 299 concerning alleged unethical conduct from a pubic servant, or from any person or 300 entity. 301 The Board shall issue written advisory opinions in regard to the 302 interpretation and application of the Code of Ethics. Advisory opinions shall be 303 given upon written request by a public servant, or any other person or entity. 304 Upon receipt of a complaint or request for an advisory opinion, the Board 305 will meet to determine whether or not it has jurisdiction over the subject matter 306 and/or people identified in the request or complaint. 307 If a complaint concerns a public servant covered by a collective bargaining 308 agreement, the Board shall forward the complaint to the public servant’s 309 department head to be determined and processed pursuant to the procedures of 310 the collective bargaining agreement. Nothing in this ordinance shall be 311 construed to alter collective bargaining agreements. 312 Board actions may include the following: (A) Issuing a written advisory 313 opinion, (B) Determining that no further action is required, (C) Referring the 314 matter to an authority within the City or to a Special Prosecutor or other 315 15 government body outside the City which has authority to consider and act on the 316 matter. 317 If the Board determines that it does not have jurisdiction over the subject 318 matter and/or parties identified in the request or complaint, or that no further 319 action is required, the Board will notify the complainant and the subject of the 320 complaint of its decision. 321 8. Advisory Opinions: The Board of Ethics may issue written 322 advisory opinions interpreting the Code of Ethics, and relevant provisions of 323 State law applicable to public servants. Advisory opinions shall not disclose the 324 identities of the person or entity making the request for an advisory opinion or the 325 identity of the persons or positions who are the subject of a complaint or inquiry. 326 Advisory opinions shall be issued within sixty (60) days of a request. If additional 327 time is needed, the time may be extended by a majority vote of the Board. 328 It is anticipated that the issuance of advisory opinions by the Board of 329 Ethics will answer the majority of questions provided and will conclude most 330 matters originating as requests for advice and/or complaints. Advisory opinions 331 are strictly advisory and nonbinding, in nature. 332 When the Board of Ethics issues an advisory opinion, the Board shall 333 send a copy of its advisory opinion to: 334 1. The individual who requested the opinion. 335 2. The public servant identified in the complaint; if a complaint was made. 336 3. Mayor and City Council; 337 4. Clerk's Office. 338 16 5. Human Resources Office 339 SECTION 6 PENALTIES; ENFORCEMENT. 340 1. A violation of the Code of Ethics shall constitute a Municipal Civil 341 Infraction, and shall subject the violator to the civil fine of $250.00, plus any 342 costs, damages, expenses and other sanctions as authorized under state law. 343 The violator shall also be subject to the provisions so stated in §202.99(e)(2), (h), 344 (i) and (j) of the Codified Ordinances of the City of Monroe. 345 2. Violation notices or citations issued for violations of the Code of 346 Ethics, shall only be issued by sworn members of the Monroe Police 347 Department., or such other individuals designated by ordinance or resolution by 348 the Mayor and City Council. 349 SECTION 7 SEVERABILITY 350 The various parts, portions, sections and clauses of this Ordinance are 351 hereby declared to be severable. If any part, sentence, paragraph, section, 352 phrase or clause is adjudged unconstitutional or invalid by a court of competent 353 jurisdiction, the remainder of the Ordinance shall not be affected thereby. 354 SECTION 8 EFFECTIVE DATE 355 This Ordinance shall become effective twenty (20) days after its passage 356 and publication. 357