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