HomeMy WebLinkAboutOrdinance Draft-Adding Sec 2.81f ~~ -~~
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ORDINANCE NO. - SECOND SERIES ~ - - ~-~ ~~~~ ~~
AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF HASTINGS
8Y ADDING SEC. 2.81, ESTABLISHING AN ETHICS CODE FOR CERTAIN CITY
EMPLOYEES, COMMISSIONERS AND PUBLIC OFFICIALS OF THE CITY OF HASTINGS
The City Council of the City of Hastings hereby ordains as follows:
The City Code of the City of Hastings is hereby amended by adding to
said Code Sec. 2.81 which shall read as follows:
Sec. 2.81 CODE OF ETHICS.
Subd. 1. Definitions. As used in this ordinance, "Public
Officials" shall mean only the following persons:
(a) All persons elected to serve in any public office, or
appointed to serve in any public office for the
unexpired term of any person vacating said office.
(b) All appointed Commissioners serving on City Commissions.
(c} City Administrator.
(d} City Attorney
(e) All City Department Heads.
(f) City Clerk
Subd. 2. Declaration of Polley, The proper operation of democratic
government requires that public officials be independent, impartial, and
responsible to the people; that governmental decisions and policy be made
in the proper channels of the governmental structure; that public office
not be used for personal gain; and that the public have confidence in the
integrity of its government. In recognition of these goals there is hereby
established by this Ordinance, a Code of Ethics. The purpose of this code
is to establish ethical standards of conduct. The provisions and purpose
of this code are hereby declared to be in the best interest of the City of
Hastings, Minnesota.
Subd. 3. Res onsibi7ities of Public Office. Public officials are
agents of public purpose and hold office for the benefit of the public.
They are bound to uphold the Constitution of the United States, the
Constitution of Minnesota and to impartially carry out the laws of the
nation, state and the City of Hastings and thus foster respect for all
government. They are bound to observe in their official acts the highest
standards of morality and to discharge faithfully the duties of their
office regardless of personal considerations, recognizing that the public
interest must be their primary concern. Their conduct in both their
official and private affairs should be above reproach.
Subd. 4. Dedicated Service.
{a} All public officials of the City of Hastings should be loyal
to the political objectives expressed by the electorate and
the programs developed to attain those objectives.
{b) Public officials should not exceed their authority or break
the law, ar ask others to do so, They should work in full
cooperation with other public officials unless prohibited
from doing so by law.
Subd. 5. Fair and E ual Treatment.
(a) No public official shall request ar permit the use of City
owned vehicles, equipment, materials or property far personal
convenience or profit, except when such services are
available to the public generally or provided by municipal
policy for the use of such publ i c official i n the conduct of
official business.
(b} No public official shall grant any special consideration,
treatment, or advantage to any citizen beyond that which is
.available to every other citizen.
Subd. b. Conflict of Interest.
(a} No public official shall engage in any business or
transaction ar shall have a financial or other personal
interest direct ar indirect, which is incompatible with the
proper discharge of their duties in the public interest or
which impairs their independence of judgment or action in the
perf ormance of thei r off i ci al duties. Thi s i ncl udes an
interest arising from blood or marriage relationships, close
business or political association.
{b) The following acts, although- not intended to be all-
inclusive, shall be deemed to be a conflict of interest:
{1) Incompatible employment as provided by ~linnesata
Statutes.
{2) i~se of confidential inf ormatian, obtained as a result of
public position, for personal gain.
{3} Soliciting of personal gifts and favors 6y a public
official .
(4) Use of official position for personal gain.
(5) Representation by a public official of private interests
before City governmental agencies and participation in
the profits from such representation,
(5) Contracting with
public official
interest.
the City by a business in which a
has a substantial or controlling
Subd. 7. Public Disclosure.
(a) PJot later than ninety (90) days after the date of this
ordinance, each public official of the City of Hastings shall
file for public record in the office of the City Clerk, a
sworn statement in a form approved by the City Council by
resolution and which must contain, at a minimum, the
following information:
(1) The names of all businesses, corporations, companies,
firms, partnerships, or other business enterprises,
doing business with or in the City of Hastings, in which
said public official is connected thereto as an
employee, owner, director, officer, adviser or
consultant, or in which said public official has a
continuing financial interest, through ownership of
stock or as a beneficiary of any pension or retirement
plan. -
{2} A description of all parcels of real property, other
than property occupied 6y said public official as a
personal residence, in which said public official has
any interest, including the right to occupy any such
property.
{3) The interest of a spouse, or minor Child or other member
of the immediate household of any public official shall
be considered an interest of said public official far
purposes of fi i i ng the statement requi red.
(b} Each person who becomes a public official shall within thirty
(30) days after assuming such office or position, file a
public disclosure required by this subdivision.
(c} Within ninety {9Q) days after each anniversary date of the
initial filing, all public officials shall file a new sworn
statement as required by this subdivision,
(d} This ordinance shat l not be construed to requi re the fi 1 i ng
of any information relating to any person's connection with
any professional society or any charitable, religious,
social, fraternal, recreational, civil or political
organization ar any similar organization not conducted as a
business enterprise. -
(e) The City Rdministrator shall inform each person who is
required to fi 1 e a sta~snent, the time and place for f i 1 i ng,
and shall furnish eac such person with a copy of this
ordi Hance and the required statement form. The City
Adr~i ni strator shal l inform the City Counci 1 when any person,
who is required to file a statement, fails to file said
statement in a timely manner." -
VIOL.ATIOfV A MISD£MEAfVOR. Every person violates a Section, Subdivision,
Paragraph ar Provision of this Chapter when they perform an act thereby
prohibited or declared unlawful, or fails to act when such failure is
thereby prohibited or declared unlawful, and upon conviction thereof, shall
be punished as far a misdemeanor, except as otherwise stated in specific
provisions hereof.
Adapted by the City Council of the City of Hastings this day of
I989.
This Ordinance shall be effective upon passage and seven days after
publication.
~y
LuRnn StoffeT, Mayor
ATTEST:
Barbara C, Thompson, City Clerk