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il dll v1110ci vl C,npuyee is nui cerrain wnerner rnis provision appues ro worK rney are seeKing or are requestea to do, and doe
<br />not want fo turn it down, he or she should ask the Eihics Commission for an advisory opinion or a waiver.
<br />This provision is intended to, as stated in the waiver section, prevent people and firms from having undue influence or unfair
<br />advantage by hiring officials and employees to help them use their contacts before iheir agencies or boards. In addition, it is
<br />intended to make it harder for firms to use a job offer to get special treatment from officials and employees. And it is intended 10
<br />prevent otficials and employees from using iheir positions to gain jobs with firms that have business before them and, similarl to
<br />prevent the appearance of impropriety that arises when an official takes a job with a firm that had business before his or her
<br />agency or board.
<br />In short, it is important that officials focus on the public interest while in olfice, and not have an incentive to give preferential
<br />treaiment fo firms or individuals who may hire them when fhey leave public service.
<br />One year is too short a time period to accomplish the goals of a revolving door provision, but the longer the bar, the more diffi ult
<br />it might be to hire qualified officials or find qualified candidates for otfice. This is the trade-off every local government must ma e i,
<br />setting the time period. Two years is a reasonable compromise beiween etfeciiveness and ihe burden on government officials
<br />Allowing former officials to immediately work for the city as paid consultants would allow ihe official to continue to act in the cit 's
<br />interest, bui such an exception would allow for sweetheart deals beiween the city and former oNicials, who normally have the
<br />edge in competing with vendors lacking their municipal contacts. Therefore, according to ihis subsection, a former official coul
<br />consult to the city only on a volunteer basis for his or her first year afrer city service.
<br />The conficientiai infarmation provision also applies to former oHicials and employees. And the other side of the revolving door,
<br />from business to government, is dealt with in § 100(b), as a conflict of interest.
<br />12. Misuse of City Property and Reim4ursements
<br />To discuss this provision, click here.
<br />An official or employee* may not use, or permit others to use, any property owned by the city for profit or personal convenienc
<br />benefit*, except (a) when available to the public generaliy, or to a class of residents, on the same terms and conditions, (b) wY
<br />permitted by policies approved by the city's legislative body, or (c) when, in the conduct of official business, used in a minor w
<br />for personal convenience. This applies not only to objects such as cars and trucks, but also to travel and other expense
<br />reimbursements, which may not be requested for nor spent on anything but official business.
<br />Comment: The IMLA Model Code takes this further by requiring care in the use of city property, so that there is no waste. Th~
<br />an essential element of government ethics, but it is a difficult thing to put into law. People - especially opposition parties - ofte,
<br />paint other people's actions as wasteful and negligent. The duty fo use city property and resources with care belongs in the
<br />aspirational seciion of an ethics code, or it invites frivolous complaints, making it almost impossible to reject any complaint as
<br />frivolous.
<br />13. Nepotism
<br />To discuss this provision, click here.
<br />1. Unless he or she obtains a waiver pursuant to 210, no otficial or employee* may appoint or hire his or her spouse
<br />domestic partner*, child or step-child, sibling or step-sibling, parent, or member of his or her household' for any type c
<br />employment, including by contract (unless competitively bid), with the city.
<br />2. No official or ernployee* may supervise or be in a direct line of supervision over his or her spouse or domestic par
<br />child or step-child, sibling or step-sibling, parent, or member of his or her household*. If an official or empioyee* come
<br />a direct line of supervision over one of these persons, he or she will have six months to come into compliance or to ot
<br />a waiver.
<br />14. Transactions with Subordinates
<br />To discuss this provision, click here.
<br />No official or employee'` may engage in a financial transaction, including the giving or receiving of loans or monetary contribut ons,
<br />including charitable contributions, with a subordinate* or person or business over which, in the officiai or employee's* official d tie:
<br />and responsibilities, he or she exercises supervisory responsibility, unless (a) the financial transaction is in the normal course f a
<br />regular commercial business or occupation, or (b) the financial transaction involves a charitable event or fundraising activity w ich
<br />is the subject of general sponsorship by a state or municipal agency through official action by a governing body or the highest
<br />official of state or municipal government.
<br />Comment: Exception (b) allows for United Way campaigns and the like, but officials should be careful not to abuse this exce tion
<br />by getting pet charities approved by the mayor or city manager. Too often, charities are as much about the official as election
<br />are, and even good causes should not be aided through coercion.
<br />Some cities might also want to except situations where the subordinate or business offers or initiates the financial transaction, but
<br />this exception can be abused in instances where a subordinate or business acted under pressure and does not feel in a posit n
<br />to anger a supervisor or someone responsible for handing out contracts.
<br />Some cities might also want to broaden the range of relations ihat constitute nepotism to include, say, aunts and uncles, nep ews 11
<br />and nieces, and direct in-laws.
<br />15. Fses and Honorariums
<br />To discuss this provision, click here.
<br />No official or employee* may accept a fee or honorarium for an article, for an appearance or speech, or for participation at an
<br />event, in his or her official capacity. However, he or she may receive payment or reimbursement for necessary expenses rela
<br />to any such activity.
<br />16. Endarsements
<br />To discuss this provision, click here.
<br />No official or ernployee* in his or her official capacity may publicly endorse products or services. However, this does not
<br />an official or employee from answering inquiries by other governmental officials, consumer organizations, or product infr
<br />services regarding products or services.
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