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HomeMy Public PortalAboutADM-108_Ethics Policy_Effective 08-24-2018 City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES ETHICS Policy Number Effective Date Last Revision Page No. ADM-108 8/24/18 Page 1 of 9 Approved by: City Manager Shaun Mulholland SECTION 1.0: PURPOSE The citizens of the City of Lebanon are entitled to a fair, ethical and accountable city government and the effective functioning of democratic government requires that: • All of its employees and officials, whether appointed or hired comply with both the letter and the spirit of the laws; • All of its employees and officials, whether appointed or hired be independent, impartial and fair in their judgment and actions; • Public Office be used for the public good, not for personal gains; and • Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. This policy establishes guidelines for the ethical standards of conduct for all City employees and officials, whether appointed or hired, in that: • We expect our public servants and volunteers to act in the best interest of the City. • We expect employees and officials to disclose any personal financial or other interests in matters affecting the City that come before them for action. • We expect City employees and officials to remove themselves from decision making if they have a conflict of interest. • We expect City employees and officials to be independent, impartial, and responsible to their fellow citizens in their actions. • We expect that the City’s official decisions and policies be made through the proper channels of government. • We expect that public office or a volunteer position in our City not be used for personal gain. It is important that the public has confidence in the integrity of its government and that City officials, board members, volunteers and employees have an opportunity to protect their personal reputation. This policy establishes a process by which one may obtain guidance regarding potential ethical issues and it establishes a course of action for resolving disputes in a manner that is fair to all of the parties involved. City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES ETHICS Policy Number Effective Date Last Revision Page No. ADM-108 8/24/18 Page 2 of 9 Approved by: City Manager Shaun Mulholland SECTION 2.0: SCOPE This policy applies to all employees and appointed officials who the City Manager has the authority to hire or terminate. SECTION 3.0: DEFINITIONS Complainant – A person who has submitted a complaint to the City Manager requesting an inquiry or alleging a violation of the Code of Ethics. Conflict of Interest – A situation, circumstance, or financial interest, which has the potential to cause a private or personal interest to interfere with the proper exercise of a public duty. Employee – A person who is paid by the City for his/her services, but who is not an independent contractor. Family – Any person who is related to an employee or official of the City in one of the following ways: spouse, parent, grandparent, child, grandchild, sibling, or similar relation to the individual’s spouse. This includes all persons who are members of the same household as the official or employee regardless of whether they are related by blood or marriage. Interest – Any legal or equitable right, share, or claim, whether or not subject to an encumbrance or a condition, which is owned or held, in whole or in part, jointly or severally, including but without limitation, a right, share or a claim to land. Official – Any appointed officer of City who reports to the City Manager. Principals – Those people who are the subject of the action or application, which is before the employee or official. Quasi-Judicial Action – Any action where the employee or official has a duty to notify the potential parties, hear the parties, and can only decide after weighing and considering such evidence and arguments as the parties choose to lay before them. City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES ETHICS Policy Number Effective Date Last Revision Page No. ADM-108 8/24/18 Page 3 of 9 Approved by: City Manager Shaun Mulholland Recusal - To remove oneself completely from all participation in the matter in question. SECTION 4.0: POLICY DETAIL 4.1 Prohibited Activities A. All of the City’s employees and officials shall accept no assignment that could reasonably be construed as being in conflict with their responsibility to the City, or in which there is an unrevealed personal interest or bias or which they are not qualified to perform. 1. All employees and officials must report in writing to their immediate supervisor those assignments in which they have a personal interest or bias. A personal interest or bias includes any current or any prospective or any contemplated interest or bias in the matter. A personal interest includes any ownership interest in property, employment, agency (such as an independent contractor), or business affected by the matter of the assignment. A personal bias includes a personal interest or a familial relationship to a person having a personal interest. 2. This restriction is intended to require disclosure and prohibit activities in which employees or officials have a personal interest or bias. B. Prohibited activities shall include those activities specifically identified by state law limiting acts of public employees: RSA 95:1 Public Officials barred from certain private dealings RSA 640:2 Bribery in official and political matters RSA 640:3 Improper Influence RSA 640:4 Compensation for Past Action RSA 640:5 Gifts to Public Servants RSA 640:6 Compensation for Services RSA 641:7 Tampering with Public Records or information City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES ETHICS Policy Number Effective Date Last Revision Page No. ADM-108 8/24/18 Page 4 of 9 Approved by: City Manager Shaun Mulholland RSA 643:1 Official Oppression RSA 643:2 Misuse of Information C. Prohibited activities include violation of any federal, state or local law. 1. Prohibited activities include any felonious criminal act, regardless of whether such act was committed while the employee or official, was on duty with the City. D. Prohibited activities included inducing another to commit an act violative of the law or these cannons of ethics. E. Prohibited activities include sexual harassment. F. Prohibited activities include any involvement in any matter after termination of employment with the City in which employees and officials had a personal and substantial involvement while employed or serving the City in an official capacity. 1. For one year subsequent to termination of employment, employees and officials may not participate in any matter relating to their duties and responsibilities to the City 4.2 Representation of Private Interests Before City Agencies No employee or official shall appear on behalf of private interests before any City Board. Officials, however, may appear without compensation in behalf of constituents or in the performance of public or civic obligations. This section shall not prohibit appearances upon matters only incidentally requiring official action which do not develop into a substantial part of the employment, provided that the retainer is not for the purpose of appearing before the agency, and provided, further that the compensation, in whole or in part, is not contingent or dependent upon the action of such agency. City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES ETHICS Policy Number Effective Date Last Revision Page No. ADM-108 8/24/18 Page 5 of 9 Approved by: City Manager Shaun Mulholland 4.3 Representation of Private Interests in Litigation No employee or officials shall represent private interests in any action or proceeding against the interests of the City in any litigation to which the City is a party. 4.4 Duty to Disclose All employees and officials by the City shall not participate in the conduct of business on behalf of the City or enter into discussion or deliberation of any matter without first publicly and on the record, stating all: • Dealings • Interests • Relationships • Friendships • And possible conflicts which may exist between the employee or official, and their family and the principals of the issue under consideration. 4.5 Duty to Recuse in Quasi-Judicial Actions A “quasi-judicial action” is any action where an employee or official is acting like a judge or jury. For example, when the Board or Committee has a duty to notify the potential parties, hear the parties, and can only decide on the matter after weighing and considering such evidence and arguments as the parties choose to lay before the Board or Committee, then it is involved in a quasi- judicial action. Not only do officials and employees of the City have a duty to recuse themselves as outlined in the section above, they must recuse themselves in a quasi-judicial action if they would not be qualified to sit as a juror in that case. For example, jurors are not qualified to sit in a case if they have advised or assisted either party in a matter being decided, are prejudiced to any degree regarding the pending matter, or believe they cannot for any reason be totally fair and impartial. As a representative of the City, all employees and officials, whether appointed or hired are expected to hold themselves to this same standard. City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES ETHICS Policy Number Effective Date Last Revision Page No. ADM-108 8/24/18 Page 6 of 9 Approved by: City Manager Shaun Mulholland 4.6 Conflict of Interest In order to assure their independence and impartiality on behalf of the common good, all employees and officials of the City shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship, which may give the appearance of a conflict of interest. Employees and officials of the City shall not participate in any matter in which he/she, or a member of his/her family, have a personal interest, which may directly or indirectly affect or influence the performance of his/her duties. In such instances, he/she shall recuse themselves from discussion and decision making. All employees and officials by the City shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision-making where conflicts may exist. 4.7 Gifts and Favors Officials and employees of the City shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts (or allow acceptance of such a gift by a family member), favors or promises of future benefit which might compromise their independence of judgment or action or give the appearance of being compromised. Prohibited Conduct shall include knowingly accepting a gift with a value in excess of fifty dollars ($50.00), or allowing acceptance of such a gift by a family member from any individual, group or corporation knowingly dealing with an area of city government in which the employee or official has an interest or jurisdiction. The foregoing does not apply to gifts traditionally exchanged between family members – at holidays or birthdays for example. The prohibition against gifts and favors shall not apply to an occasional non- pecuniary gift, insignificant in value, unsolicited advertising, promotional City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES ETHICS Policy Number Effective Date Last Revision Page No. ADM-108 8/24/18 Page 7 of 9 Approved by: City Manager Shaun Mulholland items or materials of nominal intrinsic value, or an award publicly presented in recognition of public service. 4.8 Confidential Information Officials and employees of the City shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. 4.9 Use of Public Resources Officials and employees of the City shall not use public resources not available to the public in general, such as City staff time, equipment, supplies or facilities for private gain or personal purposes. SECTION 5.0: PROCEDURES 5.1 Education A. At the time that an employee or official begins work or takes the oath of office, they shall receive a copy of this policy, and acknowledge in writing that they have received it. B. It shall be the responsibility of the Supervisor of any new employee to ensure that the new employee familiarizes themselves with the provisions of this policy. 5.2 Inquiries The City Manager shall establish a mechanism by which employees and officials of the City may obtain advice and counsel regarding ethical issues that may arise from time to time. City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES ETHICS Policy Number Effective Date Last Revision Page No. ADM-108 8/24/18 Page 8 of 9 Approved by: City Manager Shaun Mulholland Upon request of an employee or official, the City Manager may issue a written advisory opinion in response to such an inquiry. Such written advisory opinions will become permanent amendments to this policy as addendums. 5.3 Exclusions The provisions of the policy shall not be interpreted so as to bar: A. Employees and officials who are residents of the City from fully participating in any public meeting in which the voters have the ability to vote on a measure. B. Acceptance of donations for the expressed purpose of financing a political campaign provided such contributions are reported in accordance with all local, state and federal laws that pertain to such donations. C. Participation in a matter that relates to a person or business from which an employee or official has merely purchased goods or services, if the individual in question has no other conflict of interest relating to that person or business. D. Police officers, fire fighters, and other emergency personnel from acting in the course of their official capacities when responding to emergencies in accordance with the rules and regulations of their departments; and E. Supervisors of City employees from appropriately carrying out personnel policies. SECTION 6.0: REFERENCES (Charter/Code/State Statues) 1. City of Lebanon, Charter C419:20 Dealings of Council with City. 2. City of Lebanon, Charter C419:29 Non-Interference by the Council. 3. City of Lebanon, Charter C419:62 Disqualification of Councilor, Board Member or Employee. 4. City of Lebanon, Charter C419:63 Private Use of Public Property. 5. NH RSA 49-C:33 Optional Provisions: Limitations, Section I(c). City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES ETHICS Policy Number Effective Date Last Revision Page No. ADM-108 8/24/18 Page 9 of 9 Approved by: City Manager Shaun Mulholland SECTION 7.0: POLICY & PROCEDURE REVISION HISTORY Section Revisions Date Original Adoption Amendment Amendment Amendment City of Lebanon New Hampshire ADMINISTRATIVE POLICIES & PROCEDURES I, hereby acknowledge receipt of this policy. I have read and understand the provisions of the policy. I agree to comply with the provisions of this policy as written. Signature Date