Ethics Code From the City Charter

Might be good if all City Council Members read this before they make any motions or votes on certain issues Monady evening. We are posting the whole section ethics from the City Charter so as not to take it out of context. Portions in red of particular interest.


ETHICS
Sections:
2.04.010 Applicability.
2.04.020 Ethics commission.
2.04.030 Conflicts of interest.
2.04.040 Financial disclosure.
2.04.050 Lobbying disclosure.
2.04.060 Exemptions and modifications.
2.04.070 Enforcement—Violations and penalties.
2.04.010 Applicability.

The provisions of this chapter shall apply to all elected city officials and all candidates for elected city of-fice, and to all compensated full-time employees of the city who shall have attained the status of department head, except, however, in all cases Section 2.04.030 involving conflicts of interest shall apply to:
A. Any employee, officer or agent;
B. Any member of his or her immediate family;
C. His or her partner;
D. An organization which employs or is about to employ any of the above, has a financial or other inter-est in the firm selected for award;
E. Any person appointed to, or employed by any agency, board, commission or similar entity of the city having licensing, regulatory or decisionmaking authority. (Ord. 1750 § 1 (part), 2000)
2.04.020 Ethics commission.
The ethics commission shall be composed of five members appointed by the mayor, with the advice and consent of the council. Members shall be residents of the city of Salisbury. The ethics commission shall be ap-pointed for four-year staggered terms or until a successor is appointed. Two additional members shall be ap-pointed in December of 2004. Thereafter, one member shall be appointed each year, with two appointed every fourth year.
The commission shall be advised by the city attorney and shall have the following responsibilities:
A. To devise, receive and maintain all forms generated by this chapter in the office of the city clerk;
B. To provide published advisory opinions to persons subject to this chapter as to the applicability of the provisions of this chapter to them;
C. To process and make determinations as to complaints filed by any person alleging violations of this chapter;
D. To conduct a public information program regarding the purposes and application of this chapter. (Ord. 1917 (part), 2004: Ord. 1750 § 1 (part), 2000)

2.04.030 Conflicts of interest.
Except where such interest is disclosed and does not create a conflict of interest, officials and employees who are subject to this chapter shall not:
A. Participate on behalf of the city in its decisionmaking process on any matter which would, to their knowledge, have a direct financial impact, as distinguished from an indirect financial impact, which would be experienced by members of the public generally, on them, their spouse or lineal descendant, parent, grandparent, siblings, or a business entity with which they are affiliated;
B. Hold or acquire any interest in a business entity that has or is negotiating a contract with the city or is regulated by their agency, except as exempted by the commission where the interest is disclosed pursuant to Sec-tion 2.04.060 of this chapter;
C. Be employed by a business entity that has or is negotiating a contract with the city, or is regulated by their agency, except as exempted by the commission pursuant to Section 2.04.060 of this chapter;
D. Hold any outside employment relationship that would impair their impartiality or independence of judgment or conflict with the person’s full time city employment as determined by the ethics commission;
E. Represent any party, for a contingent fee, before any city body;
F. Within one year following termination of city service, act as a compensated representative of another in connection with any specific matter in which he participated substantially as a city official or employee;
G. Solicit any gift, or accept any gifts of a value greater than twenty-five dollars ($25.00), from any per-son that has or is negotiating a contract with the city or is regulated by their agency, except when these gifts would not present a conflict of interest as determined by the commission. The term “gift” is intended to include the transfer of anything of value without adequate and lawful consideration;
H. Use their position for their own benefit or that of another;
I. Use or disclose confidential information acquired in their official city position for their own benefit or that of another. (Ord. 1917 (part), 2004; Ord. 1750 § 1 (part), 2000)

2.04.040 Financial disclosure.
A. Officials and employees heretofore designated shall file annually no later than January 31, 1986, and January 31st of each calendar year thereafter during which they held office, and candidates heretofore designated shall file, at the time they file their certificate of candidacy, a statement with the city clerk or commission, dis-closing any gift of greater than twenty-five dollars ($25.00) in value received during the preceding calendar year from any person regulated by or having a contract with the city other than his or her spouse, children, parents, brothers or sisters. The statement shall identify the donor of the gift, the nature of the gift and its approximate retail value at the time of receipt.
B. All persons subject to this section shall file a statement with the commission disclosing any interest or employment or the holding of which would require disqualification from participation pursuant to Section 2.04.030(A) of this chapter, in advance of any anticipated action.
C. Disclosure statements filed pursuant to this section shall be maintained by the city clerk or commis-sion as public records, available for public inspection and copying.
D. Disclosure shall not be required if there is no conflict of interest as defined in Section 2.04.030(A) of this chapter. (Ord. 1750 § 1 (part), 2000)
2.04.050 Lobbying disclosure.
A. Any person who personally appears before the mayor, city council or any department head of the city on behalf of another person or firm with the intent to influence the mayor, council members or department heads in the performance of their official duties and who, in connection with such intent, expends or reasonably ex-pects to expend in a given calendar year any sum of money in excess of two hundred dollars ($200.00) on food, entertainment or other gifts for such mayor, council members or department heads shall file a registration state-ment with the commission within five days of making such appearance.
B. The registration statement shall include complete identification of the registrant and of any other per-son or firm on whose behalf the registrant acts. It shall also identify the subject matter on which the registrant proposes to make such appearance and shall cover a defined registration period not to exceed one calendar year. C. Registrants under this section shall file a report within thirty (30) days after the end of any calendar year during which they were registered, disclosing the value, date and nature of any food, entertainment or other gifts provided the mayor, council members or department heads and identifying such mayor, council members or department heads.
D. The registrations and reports filed pursuant to this section shall be maintained by the commission as public records available for public inspection and copying. (Ord. 1750 § 1 (part), 2000)
2.04.060 Exemptions and modifications.
The commission may grant exemptions and modifications to the provisions of Sections 2.04.030 and 2.04.040 of this chapter if it determines that application of those provisions would:
A. Constitute unreasonable invasion of privacy;
B. Significantly reduce the availability of qualified persons for public service;
C. Not be required to preserve the purposes of this chapter. (Ord. 1750 § 1 (part), 2000)
2.04.070 Enforcement—Violations and penalties.
A. The commission may issue a cease-and-desist order against any person found to be in violation of this chapter and may seek enforcement of this order in the circuit court for Wicomico County.
B. A city official or employee found to have violated this chapter may be subject to disciplinary or other appropriate personal action, including suspension, demotion or dismissal.
C. Violation of this chapter shall be subject to a civil penalty not to exceed five hundred dollars ($500.00). (Ord. 1750 § 1 (part), 2000)