§ 2-7-62. STANDARDS OF CONDUCT.

(A)

No City official or employee shall transact any business in his official capacity with any entity in which he has a substantial interest.

(B)

No City official or employee shall formally appear before the body of which the official or employee is a member while acting as an advocate for himself or any other person, group, or entity.

(C)

No salaried City official or employee shall represent, for compensation, any other person, group or entity before any department, commission, board or committee of the City.

(D)

No salaried City official or employee shall represent, directly or indirectly, any other person, group or entity in any action or proceeding against the interests of the City, or in any litigation in which the City or any department, commission, or board or committee thereof is a party; provided, however, that nothing herein shall limit the authority of the city attorney and his staff to represent the City, its boards, commissions, committees and officers and particularly the Human Rights Commission in the discharge of their duties, including equal employment opportunity cases.

(E)

No salaried City official or employee shall represent, directly or indirectly, any person, group or entity in any action or proceeding in the municipal courts of the City which was instituted by a City official or employee in the course of official duties.

(F)

No City official shall represent any person, group or entity in any action or proceeding in the municipal courts of the City which was instituted by or arising from a decision of a board, commission, committee, task force or other body on which the official serves.

(G)

(1)

General Rule. No City official or employee shall accept or solicit the following:

(a)

Any gift or favor, that might reasonably tend to improperly influence that individual in the discharge of official duties or that the official or employee knows or should know has been offered with the intent to improperly influence or improperly reward official conduct; or

(b)

Any gift or favor of which the known or apparent value exceeds $50 or any gift of cash or a negotiable instrument.

(2)

Special Applications. The general rule does not apply to the following:

(a)

Attendance to a convention, conference, symposium, training program or similar event, provided there is a City-related business purpose for the official or employee to attend or participate in an official capacity, and the attendance or participation is appropriate for the performance of that individual's official duties.

(b)

Admission to an event or discounted admission, if there is a City-related business purpose for the official or employee to attend or participate in an official capacity, and the attendance or participation is appropriate for the performance of that individual's official duties.

(c)

A voluntary gift or favor given by a City official or employee to another City official or employee, including food and drink to be shared among employees; except a supervisor may not accept a gift or favor from an employee under the supervisor's supervision unless the gift is given voluntarily by the employee on an occasion of personal significance, or at a time when gifts are traditionally given or exchanged, and the value of the gift is fairly appropriate for the occasion.

(H)

(1)

No City official or employee shall solicit or accept other employment to be performed or compensation to be received while still a City official or employee, if the employment or compensation could reasonably be expected to impair independence in judgment or performance of City duties.

(2)

If a City official or employee accepts or is soliciting a promise of future employment from any person or entity who has a substantial interest in a person, entity or property which would be affected by any decision upon which the official or employee might reasonably be expected to act, investigate, advise, or make a recommendation, the official or employee shall disclose that fact to the board or commission on which he serves or to his supervisor and shall take no further action on matters regarding the potential future employer.

(I)

A salaried City official or employee may not use the official's or the employee's official position to secure a special privilege or exemption for the official or the employee, to secure a special privilege or exemption for another person, to harm another person, or to secure confidential information for a purpose other than official responsibilities.

(J)

No City official or employee shall use City facilities, personnel, equipment or supplies for private purposes, except to the extent such are lawfully available to the public, or to the extent that facilities, equipment or supplies are allowed to be used in a limited or de minimis manner in accordance with City policy.

(K)

No City official or employee shall accept remuneration, directly or indirectly, for campaign work relating to an item placed on the ballot if that individual served on the body which exercised discretionary authority in the development of the ballot item and participated in the discussion or voted on the item.

(L)

No salaried City official and certain City employees to include the mayor, councilmembers, the city manager, assistant city managers, the city clerk, deputy city clerks, council aides, municipal court clerk, deputy municipal court clerks, municipal judges (including substitute judges), the city auditor, assistants to the city auditor, the city attorney, deputy city attorneys, assistant city attorneys, purchasing agents and those employees with the authority to purchase or contract for the City, all department heads, deputy department heads, and the spouse of each of the above, shall solicit nor propose on a contract, enter into a contract or receive any pecuniary benefit from any contract with the City. This prohibition does not include any employment contract which may be authorized for the official, a contract of sale for real property or a contract for services which are available to all citizens.

(M)

For a period of two years after leaving office, a former mayor or councilmember may not solicit or propose on a contract with the City or enter into a contract with the City for the sale to the City of any goods or services other than real estate. This subsection does not apply to a former mayor or councilmember who had a business relationship with the City in the six months immediately preceding taking the office of mayor or councilmember if the solicitation or proposal is on behalf of the same business.

(N)

For a period of two years after leaving office, a former mayor or councilmember, members of their family, or anyone acting on their behalf, may not sell or lease any real estate to the City unless the city council has designated the property for acquisition and would otherwise have to acquire the property through its power of eminent domain.

(O)

A City official or employee may not engage in fraud or abuse, as defined in City Code Chapter 2-3 ( City Auditor ).

Source: 1992 Code Section 2-3-62; Ord. 031204-9; Ord. 031211-11; Ord. 20110428-047; Ord. No. 20170209-005 , Pts. 17, 18, 2-20-17; Ord. No. 20181213-014 , Pt. 2, 12-24-18.