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i iie nwvA ivwuei uoae siates expucitry, in its conriaenuai intormauon provision, tnat an etnics commission is, ettectively,
<br />considered a designated body.
<br />9. Political Solicitation
<br />To discuss this provision, click here.
<br />An official, employee, or municipal candidate may not knowingly request, or authorize anyone else to request, that any
<br />subordinate* or potential future subordinate participate in an election campaign or make a politicai contribution. Nor may he
<br />engage in any political activity while on duty for the city, with the use of city funds, supplies, vehicles, or facilities, or during :
<br />period of time during which he or she is normally expected to perform services for the city, for which compensation is paid.
<br />Comment: Political solicitation of subordinates by an official fosters the appearance,
<br />if not the reality, of coercion. The word "knowingly" here means that neither an official nor a campaign committee is required t cull
<br />the names of municipal officials from voter registration lists it mails to. However, a targeted mailing to municipal officials is
<br />prohibited.
<br />Similarly, candidates are barred from soiiciting from appointed officials and employees who may fear reprisal, such as being fi ed,
<br />if they refuse to aid the candidate's campaign, even if they do not currently work under that candidate.
<br />Note that this code does not restrict voluntary political contributions or political activity by any official or empioyee.
<br />Some municipalities may wish to add a bar on soliciting from persons or entities that have sought or received a financial bene it
<br />from the municipality wiihin ihe previous hventy-four months.
<br />10. Paironage
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<br />No official or employee* may promise an appointment or the use of his or her influence to obtain an appointment to any positii
<br />as a reward for any political activity or contribution.
<br />Comment: As has been shown so skilifully in Chicago, patronage involves both promises of jobs in return for political activity,
<br />the threat of losing jobs in return for political activity, so that patronage continues on forever. Even the Shakman Decree of 19
<br />did not put an end to the Chicago patronage system: it just went underground. It was twenty years before the new version, ba
<br />on fraud, was taken on.
<br />Most ethics codes do not include patronage provisions, although many do prohibit asking subordinates to participate (howeve
<br />this can occur without implicit requests or threats). Pafronage involves [he most basic conflici of interest in government: the
<br />conflict between holding on to power and acting in the public interest. A city government based on patronage cannot have a U
<br />ethical environment, because most of its officials and employees are there on the basis of a quid pro quo/special consideratio
<br />relationship, which is inconsistent with ethics.
<br />1 would like to hear how various cities have dealt with or ignored patronage as an ethics issue.
<br />11. Revolving Door
<br />To discuss this provision, click here.
<br />a. Representation. For a period of two years after the termination of his or her city service or employment, an official or
<br />employee* may not, on behalf of any other person, for compensation, directly or indirectly, formally or informally, act as agenl
<br />attorney, lobbyist, or other sort of representative, to or before his or her former agency, department, authority, board, or
<br />commission. For the purposes of this provision, a mayor, chief of staff or vice-mayor, city manager or assistant manager, cou
<br />member or council aide is deemed to have worked for every city department, agency, authority, board, and commission. Actii
<br />indirectly includes action by a partner, associate, and other professional employee of an entity in which the former official or
<br />employee is a partner, associate, or professional employee.
<br />b. Particular Matters. With respect to particular matters on which the official or employee personally and substantially worke
<br />while in city service or employment, the foregoing prohibition is permanent.
<br />c. Area of Responsibility. With respect to matters for which the official or employee had official responsibility, but were not
<br />personally and substantially involved, the foregoing prohibition is for a period of two years after termination of city service or
<br />employment.
<br />d. Employment. An official or employee* may not accept employment (a) with a party to a contract with the city, within two y rs
<br />after the contract was signed, when he or she participated personally and substantially in the preparation, negotiation, or awa d of
<br />the contract, and the contract obliged the city to pay an aggregate of at least $25,000; (b) with an individual or entity who has,
<br />within the previous two years, benefited directly from any decision made by the official or employee or by a subordinate. An
<br />elected or appointed official may not accept employment if the body of which he or she is a member or was a member within he
<br />previous two years had any role in filling the job, including an advisory role. A mayor, chief of staff or vice-mayor, or council
<br />member may not, for two years after termination of city service or employment, accept any full-time compensated position wit the
<br />city.
<br />e. Exceptions. Former officials and employees are not prohibited from acting if:
<br />1. They are working for the city on a volunteer basis.
<br />2. They are acting on behalf of another federal, state, or local government.
<br />3. They are giving testimony under oath and is not being compensated for it.
<br />4. They are providing scientific or technological information at the governmenYs request,
<br />e. They performed only ministerial acts*.
<br />f. Waivers. The Ethics Commission may waive the prohibitions of this provision if it determines that the situation does not
<br />potential for undue influence, unfair advantage, or a serious appearance of impropriety. See §210 for the waiver process.
<br />Comment: "Personally worked" means the official actually worked on the matter, not that he or she supervised a departm
<br />worked on the matter, which is included under having "official responsibility."
<br />The appearance of impropriety of getting a job based on what you did as a city official or employee is so great that each offic 1 or
<br />employee should err on the side of not seeking or accepting work with people or firms that had business before his or her ag ncy
<br />or board.
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