SAMPLE CODE OF
ETHICS FOR MUNICIPALITIES
Outline of Provisions [1]
1. Conflicts
of Interest
No official [2] may
take action that provides a financial or other personal benefit to the
official, relatives (define), customers, clients, an employer, or a person who
has made campaign contributions to the official within a 12 month period.
2. Appearance of
Impropriety
An official must avoid circumstances that
compromise his ability to make decisions solely in the public interest or
create an appearance of impropriety.
Note: Although sections 1
and 2 are included in most codes of ethics, they require consideration of
specific facts and circumstances. This
is the role of a board of ethics, which can engage in fact-finding and issue an
advisory opinion.
3. Recusal
An official must recuse himself when faced
with the above conflicts.
Recusal
Defined
Recusal means that the official may not
deliberate, vote or participate in any way in that matter. The official should disclose his conflict and
remove him or herself from the board. He should not provide input regarding the
matter from the audience in his capacity as a member of the public.
4. Town
Property and Resources
No employee may use town-owned property,
assets or any resources for personal purposes or profit or to benefit any person. Use of these resources is restricted to the
conduct of official business, for the benefit of all residents and to further
an authorized public purpose.
5. Nepotism
Spouses and other family members of the
municipal official may not serve in positions whose duties conflict or appear
to conflict within the duties of the official. They may not serve on a
commission, board or body of which the official is a member.
6. Gifts
An official may not solicit any gift
nor may he receive any gift, whether financial or in any other form from any
person who is doing or seeking to do business of any kind with the town
including applications for permits or approvals; has done business with the
town during the last (fill in) months; or from a lobbyist representing a person
before a town agency. An official may
not solicit or receive any gift or payment as a reward for exercise of official
duties. Generally, an official may not receive or solicit any gift, creating
the appearance that his official duties may be influenced or that his
responsibility to make impartial decisions solely in the public interest is
compromised.
* Gift must be defined, for
example, to exclude gifts from family members; attendance at local social
events such as holiday festivities; benefits available to the general public;
functions that officials routinely attend, such as chamber of commerce events;
and an event or activity fulfilling a public purpose.
7. Private Employment
An official shall not
solicit, negotiate for or commit to accept private employment from any person
doing business with or having any matter pending with the town.
8. Representation
An official shall not appear on behalf of,
or represent a person in any matter before a municipal agency except on his own
behalf.
9. Confidential
Information
An official or former official may not
disclose confidential information or use it to further his or another persons
private interests or in any way utilize the information for non-public
purposes.
10. Subordinates
No official shall solicit political contributions
from subordinates or request that they attend political functions or engage in
any political activity.
11. Revolving
Door
No official who has left municipal
service shall appear before or receive compensation in a matter before his
former agency for a period of 1 year after departure. He is permanently barred from appearing or
receiving compensation regarding a matter he was personally involved in as a
town official.
12. Incompatible
Positions – Judicial Standards
An official is prohibited from:
a. Holding more than one position with the
town when one is subordinate to the other
b. Holding more than one position with the
town when the duties of the positions conflict
13. Board
of Ethics
(Specify procedure for seeking advisory
opinions or making complaints with the board of ethics.)
14. Training
Each municipal official annually shall receive
training concerning the requirements of the code of ethics and the procedure
for seeking an opinion or investigation by the board of ethics. Copies of the
code and amendments to the code shall be provided to all officials.