Code of Ethics (2009)

(including amendments passed by City Council through November 30, 2009)

 

Sec. 2-51. Legislative intent.

 

It is the intent of the city that its officers, officials, and employees adhere to high levels of ethical conduct so that the public will have confidence that persons in positions of public responsibility are acting for the benefit of the public. Officers, officials, and employees should comply with both the letter and spirit of this ethics code and strive to avoid situations, which create impropriety or the appearance of impropriety. The council and mayor recognize that ethical issues will arise in the course of public service. It is the intent of the code of ethics:

 

(1) To clarify which actions are allowed and which constitute a breach of the public trust and, specifically relating to the use of public office for private gain, employment and supervision of family members, gifts, conflicts of interest, prior employment, outside employment, subsequent employment and other ethics matters not inconsistent with the Charter;

 

(2) To establish a board of ethics empowered to issue advisory opinions so that officers, officials, and employees may seek guidance about ethical issues connected with their service; and

 

(3) To establish a system that enables citizens to report possible wrongdoing and seek enforcement so that any breach of the public trust may be discovered and dealt with appropriately. The City Charter addresses the ethical conduct of officers, employees, and officials. It is the intent of this article that it shall serve to enhance and clarify the Charter and to provide practical guidance. Agencies may adopt a stricter code of ethics for their own use through published rules or policies. Those agencies which wish to adopt a stricter code of ethics are encouraged to consult with the board of ethics, shall provide information and training to employees of the agency and shall provide a copy to the board of ethics.

 

Sec. 2-52. Definitions.

 

(a) Employee means any person in the employ of the city or of any of its agencies or departments and any person employed without compensation under the terms and provisions of chapter 18, article II, division 19 of this Code.

 

(b) Direct official action means any action which involves:

 

(1) Negotiating, approving, disapproving, administering, enforcing, or recommending for or against a contract, purchase order, lease, concession, franchise, grant, or other similar instrument in which the city is a party. With regard to "recommending," direct official action occurs only if the person making the recommendation is in the formal line of decision making.

 

(2) Enforcing laws or regulations or issuing, enforcing, or regulating permits, licenses, benefits or payments;

 

(3) Selecting or recommending vendors, concessionaires, or other types of entities to do business with the city;

 

(4) Appointing and terminating employees, temporary workers, and independent contractors.

 

(5) Doing research for, representing, or scheduling appointments for an officer, official, or employee, provided that these activities are provided in connection with that officer's, official's, or employee's performance of (1) through (4) above.

 

Direct official action does not include acts that are purely ministerial (that is, acts which do not affect the disposition or decision with respect to the matter). With regard to the approval of contracts, direct official action does not include the signing by the mayor, the auditor, the manager of finance or the clerk, as required by Charter, unless the mayor, auditor, manager of finance or clerk initiated the contract or is involved in selecting the contractor or negotiating or administering the contract. A person who abstains from a vote is not exercising direct official action.

 

(c) Immediate family means husband, wife, son, daughter, mother, father, step-son, step-daughter, step-mother, step-father, grandmother, grandfather, grandchildren, brother, sister, domestic partner, any person with whom he or she is cohabiting and any person to whom he or she is engaged to be married. The term includes any minor children for whom the person or his or her domestic partner provides day-to-day care and financial support. A "domestic partner" is an unmarried adult, unrelated by blood, with whom an unmarried officer, official, or employee has an exclusive committed relationship, maintains a mutual residence, and shares basic living expenses.

 

(d) Officer means any of the following: the mayor, the auditor, the members of city council, the clerk and recorder, the manager of public works, the manager of parks and recreation, the manager of finance, the manager of environmental health, the manager of general services, the manager of safety, the city attorney, the manager of human services, the manager of aviation, and the manager of community planning and development. 

 

(e) Official means a member of a city board or commission.

 

Sec. 2-53. Board of ethics.

 

(a) Creation and appointment. There is hereby created a board of ethics to consist of five members. The purpose of the board shall be to issue advisory opinions and waivers on ethical issues arising under this article and to hear inquiries and issue findings and recommendations regarding alleged violations of this article.

 

(b) Qualifications.

 

(1) One and only one member of the board of ethics shall be an officer or employee of the city.

 

(2) At least one member of the board of ethics shall be a former judicial officer.

 

(3) At least one member of the board of ethics shall have expertise in ethics acquired through education or experience.

 

(c) Method of appointment.

 

(1) The member of the board of ethics who is an officer or employee of the city shall be nominated by the mayor and appointed by council acting by ordinance.

 

(2) The mayor shall appoint two of the remaining members.

 

(3) The council shall appoint the other two members by ordinance.

 

(d) Terms of appointment.

 

(1) Members shall be appointed to terms of four years; however, the first member appointed by the mayor and the first member appointed by the council shall initially serve two year terms to achieve staggered ending dates.

 

(2) If a member is appointed to fill an unexpired term, that member's term shall end at the same time as the term of the person being replaced.

 

(3) Each member shall continue to serve until a successor has been appointed, unless the member is removed or resigns.

 

(e) Removal. 

 

(1) The unexcused absence of any member of the board from three (3) consecutive meetings, unless the board has excused the absence for good and sufficient reasons as determined by the board, shall constitute a resignation from the board.

 

(2) The appointing authority may remove a member for inappropriate conduct before the expiration of the member's term. Before removing a member, the appointing authority shall specify the cause for removal and shall give the member the opportunity to make a personal explanation. Before removing the member who is jointly appointed, either the mayor or the council shall specify the cause for removal and the mayor and council shall give the member the opportunity to make a personal explanation. Members appointed by the council and the member who is nominated by the mayor and appointed by council may only be removed by ordinance.

 

(f) Compensation. Members of the board of ethics shall serve without compensation. The member who is an officer or employee of the city shall not receive any additional compensation for serving on the board of ethics. Members may be reimbursed for reasonable expenses pursuant to the rules of the city.

 

(g) Consultation with city attorney. The board of ethics may consult with the city attorney or a designee of the city attorney regarding legal issues which may arise in connection with this article and may request advisory assistance from the city attorney in conducting hearings on inquiries during any stage of the process.

 

(h) Disqualification. Any member or employee of the board of ethics shall disqualify himself or herself from participating in any matter before the board in which his or her impartiality might reasonably be questioned, including, but not limited to, instances where he or she has a personal bias or prejudice concerning a party or personal knowledge of or involvement in disputed evidentiary facts concerning the matter. In the event that an employee of the board of ethics receives a request for an advisory opinion, a request for a waiver or an inquiry from which the employee is disqualified, and the employee has recused himself or herself, the board shall request a designee of the city attorney or a member of the board to perform all functions the employee would otherwise perform.

 

Sec. 2-54. Advisory opinions and waivers.

 

(a) Any current or former officer, official, or employee or the appointing authority of a non-elected officer, an official, or an employee may submit a written request to the board of ethics for advisory opinions on whether any conduct by that person would constitute a violation of the code of ethics. The board of ethics shall render an advisory opinion pursuant to written rules adopted by the board, but in no case shall the board take longer than six (6) weeks from the time it received the request to issue an advisory opinion or to give written notice explaining the reason for delay and stating an 4expected issuance date.

 

(b) The board of ethics may render advisory opinions to individuals who intend to become employees, officers, or officials upon written request of the person or the person's appointing authority. The board of ethics shall render an advisory opinion pursuant to written rules adopted by the board.

 

(c) The board of ethics may publish its advisory opinions. It shall do so with deletions as may be lawful and necessary to prevent disclosure of the identity of the individual involved. The board may publish guidelines based on advisory opinions.

 

(d) A person whose conduct is in accordance with an advisory opinion or a published unreversed advisory opinion of the board of ethics shall not be found in violation of any of the provisions of this article.

 

(e) Noncompliance with advisory opinions. When the board of ethics has reason to believe that the advisory opinion has not been complied with, it shall inform the person, the person's appointing authority, and the city attorney. The appointing authority, after consulting with the city attorney, shall take appropriate action to ensure compliance.

 

(f) Waivers. Any current, former, or prospective officer, official, or employee may submit a written request for a waiver of any provision of the code of ethics. The board of ethics is empowered to grant a waiver if it finds that the waiver will serve the best interests of the city. The board shall issue appropriate notice of its meeting on the waiver and its meeting shall be open to the public. The board shall either issue or deny the waiver within six (6) weeks of receiving the request. (Ord. No. 96-01, § 1, 1-29-01)

 

Sec. 2-55. Complaints or inquiries to the board of ethics.

 

Any person may file an official written complaint or inquiry with the board of ethics asking whether a current officer, official, or employee has failed to comply with this code of ethics. Subject to section 2-56 and the rules adopted by the board pursuant to section 2-56, the board of ethics shall:

 

(1) Conduct a hearing in a meeting, which shall be open to the public on all official written complaints or inquiries which have not been dismissed pursuant to paragraph (6) of section 2-56 or resolved under paragraph (7) of section 2-56.

 

(2) Except as otherwise provided in this article, make public written findings and recommendations, if any, on complaints or inquiries. Board findings should characterize the seriousness of the violation, if any.

 

(3) Inform the person who is the subject of the complaint or inquiry and the person who submitted the complaint or inquiry of its findings, and recommendations; and

 

(4) If the person who is the subject of the complaint or inquiry is an employee, non-elected officer, or appointed official, and if the board feels corrective action may be necessary, notify the person's appointing authority and recommend that the appointing authority take action, appropriate to the finding, including discipline. If the person who is the subject of the complaint or inquiry is an elected officer, the board may propose actions appropriate to the finding, ranging from a recommendation that the person abstain from further action on the matter or seek a waiver, to adopting a resolution reprimanding the person.

 

Sec. 2-56. Procedures for complaints or inquiries.

 

The board of ethics shall adopt written rules for complaints or inquiries that create a process that is fair both to the person who submitted the complaint or inquiry and the person who is the subject of the complaint or inquiry. In addition to rules which the board may in its discretion adopt, the rules shall:

 

(1) Establish time lines for all aspects of its handling of complaints or inquiries. The time lines shall be sufficiently long to enable a person who is the subject of a complaint or inquiry to have adequate time to understand the complaint or inquiry and prepare a response. The rules shall allow the board to alter the time lines upon a request of the subject of a complaint or inquiry for more time to prepare;

 

(2) Require the complaint or inquiry to be in writing on a form approved by the board, to be signed, and to show the home or business address and telephone number of the person who submitted it. The form shall contain a statement that must be signed and which states that, to the best of the person's knowledge, information, and belief formed after reasonable reflection, the information in the complaint or inquiry is true. The rules shall require the complaint or inquiry to describe the facts that constitute the violation of this code of ethics in sufficient detail so that the board and the person who is the subject of the complaint or inquiry can reasonably be expected to understand the nature of any offense that is being alleged;

 

(3) Prohibit the board from accepting complaints or inquiries about actions that took place more than two years prior to the date of filing;

 

(4) Require the board to notify the person who is the subject of the complaint or inquiry that a complaint or inquiry has been filed. The rules shall require the board to provide the notification in a timely manner, but no more than five (5) days from the day the complaint or inquiry was filed, provided that they shall require the board to notify the person who is the subject of the complaint or inquiry immediately if he or she so requests. The rules shall require the notification to include a copy of the full complaint or inquiry; a copy of any portion of this article that is alleged to have been or that may be violated; and the board's rules for dealing with complaints or inquiries;

 

(5) Require the board to provide the subject of the complaint or inquiry with a copy of the complaint or inquiry before it provides copies to any other parties. The rules shall recognize that distribution to the public of a complaint or inquiry prior to screening by the board as required in (6) below could harm the reputation of an innocent person and is contrary to the public interest; therefore, the rules shall prohibit the public release of the complaint or inquiry until the screening process in (6) below has been completed;

 

(6) Require the board or a committee of the board to consult in confidence within thirty-one (31) days of receiving a complaint or inquiry to screen the complaint or inquiry. The rules shall allow the board to immediately dismiss a complaint or inquiry if:

 

a. It has no jurisdiction;

 

b. The alleged violation, if true, would not constitute a violation of this article;

 

c. The alleged violation is a minor or de minimis violation;

 

d. The complaint or inquiry is, on its face, frivolous, groundless, or brought for purposes of harassment;

 

e. The matter has become moot because the person who is the subject of the complaint or inquiry is no longer an officer, official, or employee;

 

f. The person who is the subject of the complaint or inquiry had obtained a waiver or an advisory opinion under section 2-54 permitting the conduct; or

 

g. The appointing authority has already taken action as a result of finding a violation and the board believes the action was appropriate. The rules shall require the dismissal and the reason for dismissal to be in writing and available to the public.

 

(7) Allow the board, at its discretion, to make a finding solely on the basis of written arguments without holding a public hearing, if it determines that 7there is no significant discrepancy in the facts as presented by the person filing the complaint or inquiry and the person who is the subject of the complaint or inquiry; and the board determines that it doesn't need any additional information. However, the person charged retains the right to request a hearing, which shall be open to the public.

 

(8) Require the board to have hearings at meetings, which are open to the public on complaints or inquiries, which have not been dismissed pursuant to paragraph (6) of section 2-56 or resolved under paragraph(7) of this section.

 

(9) Allow any person who is the subject of a complaint or inquiry to designate a representative if he or she wishes to be represented by someone else, to present evidence, and to cross-examine witnesses. The rules shall allow the person who submitted the complaint or inquiry and the subject of the complaint or inquiry sufficient time to examine and respond to any evidence not presented to them in advance of the hearing;

 

(10) Require deliberations on complaints or inquiries to be conducted in closed session;

 

(11) Allow the board to dismiss a complaint or inquiry without a finding for or against the subject of the complaint or inquiry if the person committed the violation due to oversight and comes into voluntary compliance;

 

(12) Allow the board to dismiss a complaint or inquiry if the person who submitted it does not appear at hearing and if, in the opinion of the board, it would be unfair to the subject of the complaint or inquiry not to have the opportunity to examine the person. The rules shall, however, require the board to schedule the hearing at a time that is reasonably convenient to both the person who submitted the complaint or inquiry and the subject of the complaint or inquiry;

 

(13) Require the board to base a finding of a violation upon clear and convincing evidence;

 

(14) Require the board to inform the person who submitted the complaint or inquiry and the subject of the complaint or inquiry in writing if it believes a complaint or inquiry is frivolous, groundless, or brought for purposes of harassment;

 

(15) Prohibit members who have not been present for the hearing from participating in a recommendation;

 

(16) Require that findings and recommendations be made only by a majority of the board; 

 

(17) Allow the board to consider, when it makes findings and recommendations, the severity of offense; the presence or absence of any intention to conceal, deceive, or mislead; whether the violation was deliberate, negligent, or inadvertent; and whether the incident was isolated or part of a pattern;

 

(18) Allow the board to issue an advisory opinion in response to a complaint or inquiry, in lieu of making findings and recommendations, where deemed appropriate by the board.

 

Sec. 2-57. Reimbursement of reasonable legal expenses.

 

A person who is the subject of a complaint or inquiry pursuant to section 2-55 who is subsequently exonerated may apply to the city attorney for reimbursement of reasonable legal expenses from the "liability claims" appropriations. The city attorney shall promptly provide reimbursement subject to the limitations of this section. As used in this section, the term "legal expenses" shall include reasonable attorney fees, witness fees, stenographer fees, investigator fees, and other direct costs in connection with the answer to a complaint or inquiry. The person applying for reimbursement shall submit his or her application for reimbursement to the city attorney within fourteen (14) days of the board's decision. The city attorney, or in the case of a conflict, a designee of the city attorney, shall determine, in his or her sole discretion, the reasonableness of the legal expenses. The exonerated person may not appeal or challenge the city attorney's determination with the board or any other entity. The maximum reimbursement from the city shall not exceed the sum of seven thousand five hundred dollars ($7,500.00).

 

Sec. 2-58. Subpoenas.

 

The board of ethics shall have the power to subpoena documents and to subpoena witnesses to make statements and produce documents. Persons who are subpoenaed or whose records are subpoenaed may object to testimony or production of documents based upon such information being privileged as recognized by Colorado law. The board may issue a subpoena only after a written request to appear or provide records has not been complied with and after consultation with the city attorney.

 

Sec. 2-59. Employment and supervision of family members.

 

The purpose of this section is to avoid favoritism by city officers, employees or officials to their immediate family members.

 

(a) Unless he or she obtains a waiver pursuant to section 2-54, no officer, official, or employee shall appoint or hire a member of his or her immediate family for any type of employment, including, but not limited to, full time employment, part time employment, permanent employment, temporary employment, and contract employment.

 

(b) No officer, official, or employee shall supervise or be in a direct line of supervision over a member of his or her immediate family. If an officer, official, or employee comes into a direct line of supervision of a member of his or her immediate family, he or she shall have six (6) months to come into compliance or to obtain a waiver pursuant to section 2-54.

 

(c) When waivers from this section are sought so that a member of the immediate family may be hired or may be in the direct line of supervision, it is the intent of the council that the board of ethics not unreasonably withhold waivers. Examples of circumstances which might result in a waiver include, but are not limited to:

 

(1) The family member who is proposed to be hired was certified through a competitive process conducted pursuant to law and the officer, official, or employee who would make the appointment did not influence or affect the certification.

 

(2) The officer, official, or employee who would officially make the appointment is acting ministerially and did not select the family member or attempt to influence the person who did.

 

(3) The family member who would be in the line of supervision was already working in the agency before the officer, official, or employee came into the line of supervision, and the officer, official, or employee can and will abstain from participating in any personnel actions involving the family member.

 

(d) The phrase "direct line of supervision" shall mean the supervisor of an employee and the supervisor of an employee's supervisor.

 

Sec. 2-60. Gifts to officers, officials, and employees.

 

The purpose of this section is to avoid special influence by those who give gifts to city officers, employees or officials.

 

(a) Except when acceptance is permitted by paragraph (b) below, it shall be a violation of this code of ethics for any officers, officials, or employees, any member of their immediate families to solicit or to accept any of the following items if (1) the officer, official, or employee is in a position to take direct official action with regard to the donor; and (2) the city has an existing, ongoing, or pending contract, business, or regulatory relationship with the donor:

 

(1) Any money, property, service, or thing of value that is given to a person without adequate and lawful compensation;

 

(2) Any honoraria or payment for participation in an event; 

 

(3) Any loan of goods, equipment, or other items that is not available to the general public on the same terms and conditions;

 

(4) Any loan of money that is not available to the general public at the same interest rate and the same conditions;

 

(5) Any ticket to a sporting, recreational, or cultural event except as provided for in subsection (b)(4) of this section;

 

(6) Travel expenses and lodging;

 

(7) Any reduction in price or any discount that is not similarly available to all city officers, officials, and employees on the same terms; and

 

(8) Parking passes except as provided for in subsection (b)(4) of this section.

 

This prohibition shall also apply to gifts from a lobbyist or representative of a client if (1) the officer, official, or employee is in a position to take direct official action with regard to the client and (2) the city has an existing, ongoing, or pending contract, business, or regulatory relationship with the client.

 

(b) Officers, officials, and employees and the members of their immediate family may accept the following even if the officer, official, or employee is in a position to take direct official action with regard to the donor, or, if the donor is a lobbyist or representative, the donor's client:

 

(1) Gifts from other officers, officials, or employees and their family members on appropriate occasions;

 

(2) Campaign contributions as permitted by law;

 

(3) Nonpecuniary awards that are publicly presented by an organization in recognition of public service if the award is not extraordinary when viewed in light of the position held by the recipient;

 

(4) The donation of meals, tickets to events for which admission is charged, or free or reduced price admission to events for which a fee is charged, but only under the following conditions:

 

a. No more than a total of four meals, tickets, or free or reduced price admissions may be accepted from the same donor in any calendar year, regardless of the value;

b. A donation from an employee of a business or entity shall be counted as a gift from the business or entity; 

c. The individual or entity which pays for the meal, ticket, or admission shall be considered the donor for purposes of this subsection regardless of whether that individual or entity is reimbursed for the cost;

d. Attendance must be reasonably related to the official or ceremonial duties of the officer, official, or employee;

e. The donation of parking for the meal or event shall be allowed on the same terms and conditions;

 

(5) Unsolicited items of trivial value. "Items of trivial value" means items or services with a value of twenty-five dollars ($25.00) or less, such as inexpensive tee shirts, pens, calendars, books, flowers, or other similar items;

 

(6) Gifts while visiting other cities, counties, states, or countries or hosting visitors from other cities, counties, states, or countries when it would be a breach of protocol to refuse the gift;

 

(7) Reasonable expenses paid by non-profit organizations or other governments for attendance at a convention, fact finding mission or trip, or other meeting if the person is scheduled to deliver a speech, make a presentation, participate on a panel, or represent the city;

 

(8) Gifts on special and infrequent occasions if the gift is appropriate to the occasion. These occasions include weddings, funerals, and illnesses;

 

(9) Gifts to commemorate a public event in which the officer, official, or employee participated in an official capacity, provided that the gift is appropriate to the occasion. Such occasions include ground breaking ceremonies and grand openings;

 

(10) Memberships and passes from the Denver Art Museum, Denver Botanic Gardens, Denver Museum of Nature and Science, and Denver Zoo.

 

(11) Gifts from family members;

 

(12) Items which are similarly available to all employees of the city or the general public on the same terms and conditions.

 

(c) It shall not be a violation of this article for an officer, official, or employee to solicit donations to the city or to solicit or redirect donations for charitable purposes to a 501(c) or other charitable organization or to provide assistance to individuals affected by illness, crime or disaster or who have educational or other charitable needs, provided that solicitation and financial records are maintained and provided that the soliciting person , or a member of the soliciting person's immediate family does not keep or use the gift or receive any monetary benefit therefrom.

 

(d) It shall not be a violation of this article for a member of an officer's, official's or employee's immediate family to accept a gift which arises from an independent relationship of an adult member, if:

 

(1) The officer, official or employee does not use the gift; and

 

(2) It cannot reasonably be inferred that the gift was intended to influence the officer, official, or employee in the performance of his or her duties.

 

Sec. 2-61. Conflict of interest while employed.

 

The purpose of this section is to avoid influence on the official actions of city officers, employees or officials by their private or family interests,

 

(a) Except when advised by the city attorney that the rule of necessity applies, an officer, official, or employee shall not take direct official action on a matter before the city if he or she or a member of the immediate family, a business associate or an employer other than the city of the officer, official or employee has any substantial employment, contractual, or financial interest in that matter. A substantial interest shall be deemed to exist if:

 

(1) He or she or a member of the immediate family, a business associate or an employer other than the city is the other party in the matter;

 

(2) He, she, a spouse, a domestic partner or minor children solely or aggregated together, a business associate or an employer owns or own one (1) percent or more, or a member of the immediate family other than a spouse, domestic partner or minor children own or owns five (5) percent or more, of another party in the matter;

 

(3) He or she, a member of the immediate family, a business associate or an employer is an officer in another party in the matter;

 

(4) He or she, a member of the immediate family, a business associate or an employer is directly involved in obtaining the city's business for another party in the matter;

 

(5) He or she, a member of the immediate family, a business associate or an employer is directly involved in negotiating the contract or preparing the bid, proposal, response to a request for qualifications, or similar document for another party in the matter, other than in a purely clerical capacity; or

 

(6) A member of his or her immediate family performs more than a nominal 

 

7) He or she or a member of his or her immediate family participated personally in providing legal representation or lobbying for another party in the matter or owns five (5) percent or more of a law firm or lobbying firm representing another party in the matter.

 

(b) For purposes of this section, business associate means a person or entity with whom an officer, official or employee or a member of his or her immediate family is a partner or a co-owner of a business in which the business associate and the officer, official or employee or a member of his or her immediate family each own at least one percent of the business.

 

(c) An officer, official, or employee may represent himself or herself before a board in accord with such board's procedures, provided that the officer, official, or employee does not also participate in the board's decision in his or her official capacity.

 

(d) An officer, official, or employee may acquire an interest in bonds or other evidences of indebtedness issued by the city or the board of water commissioners so long as they are acquired on the same terms available to the general public.

 

(e) It shall not be a violation of this code of ethics for an officer, official, or employee to take direct official action on the following matters even if the person or a relative employed by a city agency would benefit:

 

(1) The city's annual budget or an amendment to the annual budget; or

(2) Establishing the pay or fringe benefit plans of city officers, officials, or employees

 

(f) Officers, employees or officials who are prohibited from taking direct official action due to a substantial conflict of interest shall disclose such interest to his or her colleagues on a board or commission or to his or her supervisor or appointing authority, shall not act or vote thereon, shall refrain from attempting to influence the decisions of others in acting or voting on the matter and shall work with his or her supervisor or appointing authority to ensure that the matter is assigned to someone without conflicting interests.

 

(g) No officer, employee or official may have any other employment or position which is incompatible with his or her duties or that adversely affect the interests of the city.

 

Sec. 2-62. Prior employment.

 

The purpose of this section is to indicate that persons are not disqualified from a city job 14because of prior employment, to avoid special advantage being given to former employers of city officers, employees or officials and to avoid special advantage being given to a city officer, employee or official by a former employer.

 

No person shall be disqualified from service with the city as an officer, official, or employee solely because of his or her prior employment. Officers, officials, and employees shall not take any direct official action with respect to their former employers for a period of six (6) months from the date of termination of the prior employment.

 

Sec. 2-63. Contemporaneous or outside employment.

 

The purpose of this section is to avoid possible conflicts of interest and time conflicts between city jobs and outside employment or business activity.

 

(a) All officers other than elective officers and all employees shall report existing or proposed outside employment (excluding unpaid volunteer activity) or other outside business activity annually in writing to their appointing authorities and obtain his or her appointing authority's approval thereof prior to accepting initial employment or outside business activity. All officials shall immediately report any change in employment status to their appointing authorities which could give rise to a conflict of interest.

 

(b) If the appointing authority or the officer, official or employee believes that there is a potential conflict of interest between the person's public responsibility and his or her possible outside employment or outside business activity, he, she or they are encouraged to consult the board of ethics.

 

(c) An officer or employee who has received the written permission of the appointing authority may engage in outside employment or other outside business activity.

 

(d) Copies of documents arising from this section shall be placed in each officer’s or employee’s departmental personnel file.

 

(e) City resources may not be used for any outside employment or outside business activity.

 

Sec. 2-64. Subsequent employment.

 

The purpose of this section is to avoid the actuality or appearance that employers who hire former city officers or employees may get special treatment.

 

(a) During six (6) months following termination of office or employment, no former officer, official, or employee shall obtain employment outside of the city government in which he or she will take direct advantage, unavailable to others, of matters with which he or she took direct official action during his or her service with the city. 1516

 

(b) For one (1) year following termination of service with the city, no former officer, official, or employee shall engage in any action or litigation in which the city is involved, on behalf of any other person or entity, when the action or litigation involves an issue on which the person took direct official action while in the service of the city.

 

Sec. 2-65. Employee training.

 

(a) At least annually, the board of ethics shall prepare and distribute an employee handbook on this code of ethics, after obtaining the city attorney's review. In addition to the annual updates, the board may disseminate any change in policy that results from a finding of the board if it applies to other city employees.

 

(b) Every appointing authority shall give a copy or electronic version to each employee annually and shall provide training to employees regarding the code of ethics.

 

Sec. 2-66. Annual report.

 

By February 15 of each year, the board of ethics shall submit an annual report to the mayor and council summarizing its activities during the previous calendar year. The report shall include any recommendations for modifying the code of ethics.

 

Sec. 2-67. Use of public office for private gain.

 

No officer, official or employee shall use his or her public office or position or disclose or use confidential information in order to obtain private gain for himself or herself, for his or her immediate family, for any business entity with which he or she is affiliated or for any person or entity with whom the officer, official or employee is negotiating or has any arrangement concerning prospective employment.

 

Sec. 2-68. Use of confidential records

 

No officer, official or employee may disclose any information or records that are not available to the public, which were acquired in the course of official duties , except in the performance of official duties or as required by law or court order.

 

Sec. 2-69. Aiding others

 

No officer, official or employee may knowingly aid or assist any officer, official or employee in the violation of any provision of this code of ethics.