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5. Specia! Consideration
<br />To discuss this provision, click here.
<br />An afficial or empioyee* may not grant or receive, directly or indirectly, any special consideration, treatment, or advantage be
<br />what is generally available to city residents.
<br />Comment: See the exception in the second sentence of subsection 6 below, which also applies here.
<br />This provision is often called "Preferential Treatment. " Whatever it's called, ii's probably ihe most misunderstood provision in
<br />ethics codes, because out of context almost everything an official does can be seen as giving someone preference over som
<br />else (take hiring, for example). See this City Ethics btog posf for an in-depth discussion of what special consideration or treat
<br />is and is noi.
<br />Some cities use the language of misuse of office (or of the "prestige" of office) here. I think it is unnecessary, but here is the I
<br />Model Code version:
<br />No public servants shall use or attempt to use their official positions improperly to unreasonably request, grant, or obtain in a
<br />manner any unlawful or unwarranted privileges, advantages, benefits or exemptions for themselves, or others, and no public
<br />servants shall use, or attempt to use, their positions to avoid the consequences of illegal acts for any person; nothing in this
<br />provision shall be construed to prohibit or discourage any public servant from performing any official duty or action zealously
<br />enthusiastically.
<br />Representation
<br />To discuss this and the following provision (Appearances), click here.
<br />An official or employee* may not represent any other person or entity before the city, nor in any matter not before the city, but
<br />against the interests of the city. However, it is acceptable for elected officials to represent constituents without compensation i
<br />matters of public advocacy.
<br />Comment: The second sentence of this subsection recognizes that officials are elected to serve their constituents. Thus, for
<br />example, when a resident complains to a council member that the public works department blocks the residenYs driveway witf
<br />snow, a council or board member must be able to pursue that complaint with the proper city authorities.
<br />Some cities go into more detail and cover more people in their limitations on representation. Such provisions include the
<br />representation by business associates of officials and employees, and acting as an expert witness before the official or
<br />employee's board or agency.
<br />7. Appearances*
<br />To discuss this and the previous provision (Representation), click here.
<br />An official or empioyee* may not appear` before any city department, agency, board or commission, except on his or her own
<br />behalf or on behalf of the city. Every time an official or empioyee appears before the meeting of any municipal body, or when e or
<br />she writes a letter to the editor or other publicly distributed writing, he or she is required to disclose before speaking or clearly n
<br />the writing whether he or she is appearing in an official capacity or as a private citizen. If the speech or writing is in response t
<br />criticism or other communication directed at or regarding his or her official role, the official or employee may respond only in h or
<br />her official role.
<br />Comment: Subsections 6 and 7 appear to overlap, because one who represents another usuaily makes an appearance.
<br />However, it is much more clear when an "appearance" has been made than when there is a"representation" relationship, so
<br />including both makes it more clear what conduct is being prohibited. Also, subsection 6 includes representation of private inte ests
<br />outside of the city's own boards and departments, when it is against the interests of the city, usually but not exclusively when he
<br />city is a party to business or a proceeding. And subsection 7 deals with appearances where the official is representing himsel or
<br />herself, but it is not clear which hat the official is wearing.
<br />Again, the general rule is that if others see your relationship with a person or entity as "representation," then you should not d it,
<br />because it would be perceived as a conflict with your principal role of representing the city. Similarly, if your appearance at a
<br />meeting or in writing does not appear to be in the city's interest, you should not appear.
<br />Why are officiais and employees restricted from appearing before boards or agencies other than their own? Because restricti g
<br />only appearances before your own board or agency would, for example, allow a code-enforcement official or the city attorney o
<br />represent private clients before the city planning board, because those officials are not members of that board. It would be ve
<br />difficult to list every possible instance where an appearance before other boards and agencies would be inappropriate. When
<br />there is no such conflict, an official or employee should obtain a waiver from the Ethics Commission pursuant to 210.
<br />Some municipalities may go beyond actual representation, and include assistance or legal assistance, with an exclusion for
<br />representation or assistance in the performance of the official or employee's otficial duties.
<br />For volunteers, towns might want to limit restrictions on representation and appearances to their own board or commission,
<br />especially those on boards where the oppoRunity for conflict elsewhere is very small, such as the library board. A list of boar
<br />where this exception applies could be added to a subsection 8 that read:
<br />8. Volunteer members of the following boards and commissions may represent persons and entities before, or appear before, any
<br />town department, agency, board, or commission other than their own.
<br />8. Confidential fnformation
<br />To discuss this provision, click here.
<br />An official or employee*, a former official or employee, a contractor or a consultant* may not disclose any confidential informa ion
<br />obtained formally or informally as part of his or her work for the city or due to his or her position with the city, or use any such
<br />confidential information to further his or her own or any other person or entity's personal* or financial interests*.
<br />Comment: Some cities will want to define "confidential information" more exactly. Here is possible definition language, base on
<br />the IMLA Model Code:
<br />"Confidential information" means information obtained in the course of holding public office or employment, or as a contractor to
<br />the city, which is not available to members of the public and which the official or employee* is not authorized to disclose, exc pt to
<br />designated individuals or bodies, including written and non-written information. When such information is also available throu h
<br />channels open to the public, officials and employees' are not prohibited from disclosing the availability of those channels.
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