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21. Hanesty in Appiicatians for Positions
<br />To discuss this provision, click here.
<br />No person seeking to become an officiai or einpioyee;* consultant* or contractor may make any false statement, submit any
<br />document, or knowingly withhold information about wrongdoing in connection with employment by or service for the city.
<br />To discuss other provisions, including those suggested below, click here.
<br />Additional Comment to 100: Some codes, including the IMLA Code, make it an ethicaf duty to comply with laws, including
<br />criminal laws, discrimination and sexual harassment laws, and lobbying laws. The chronic violation of more minor laws and rL
<br />is also sometimes cited.
<br />It is a difficuli question whether to involve an ethics commission with every violation of law. Criminal and other undesirable ac
<br />by public servants certainly undermines the public trust in municipal government. But is the ethics process the right place to c
<br />with such matters, or are ihey better dealt with by supervisors or, in the case of elected officials, by voters? The duty to comp
<br />with laws is not included here because, as long as the violation of other laws is made public, criminal and other proceedings
<br />should deal with them as well as ihe ethics process. However, if the violation is somehow hidden from the public, it might be
<br />appropriate for an ethics commission to make the violation public. Has anyone seen language to this effect?
<br />I believe that cities should consider special ethical guidelines and rules for city attorneys. This is a complicated area, where it
<br />sometimes not clear what it means to represent the city (the mayor, the council, the public interest in such things as truth,
<br />openness, ane fair process). I feel that guidelines are important not only for attorneys, who often do not recognize the special
<br />conflicts they face, but also to protect the public interest, which is harmed by city attorneys who ignore conflicts in the name e
<br />representing their client. Who their client is in each sort of instance needs to be clarified. Attorney conflicts of interest are covi
<br />by their state's disciplinary rules, but (i) these rules are enforced by lawyers rather than city residents; and (ii) these rules do i
<br />deal with the special conHicts that city attorneys are faced with. I would like to see a discussion about it, including recommenc
<br />provisions to deal with the problems practitioners, both lawyers and non-lawyers, have witnessed.
<br />101. Transactional Disclosure.
<br />To discuss this provision, click here.
<br />1. Whenever an official or employee' has reason to believe that he or she should recuse himself or herself under 100(3) of th
<br />code, he or she must:
<br />1. immediately refrain from participating further in the matter, formally or informally;
<br />2. promptly inform the appropriate individual or body, pursuant to subsection 3 below, that he or she has a conflict; a
<br />3. promptly file with the city clerk a signed statement disclosing the reasons for recusal or, if a member of a board or
<br />commission, state this information on the public record of that board or commission.
<br />Comment: In subsection 1(c) and in 104(2J there are references to placing information on the public record. This appears to
<br />assume that municipal meetings have a published iranscript or, at least, a recording, video or aural, thai is available to the pi
<br />But especrally in smaller cities and towns, and in less important meetings, this is not the case. How have cities dealt with this
<br />problem of not having a public record to place disclosures on? Is it required that minutes include all disclosures?
<br />2. Whenever someone suggests or requests (privately or publicly) that an official or employee* recuse himself or herself ur
<br />100(3) of this code, and he or she chooses not to do so, he or she must promptly file with the city clerk a signed statement
<br />disclosing the reasons for refusing to recuse himself or herself or, if a member of a board or commission and if the suggesl
<br />made publicly at a meeting of that board of commission, state this information upon the public record of that board or comr
<br />Comment: See the comment to 700(3) for more information.
<br />3. An official ar ernpioyee* is required to inform the appropriate individual or body pursuant to subsection 1 b, as follows:
<br />1. If a member of a board, commission, committee, or authority, inform the chair or the entire body at a public or
<br />executive session; if the chair, inform the secretary;
<br />2. If not on such a body and appointed by the city manager/d i rector of administration/mayor, inform the city
<br />manager/director of administration/mayor;
<br />3. If an employee of the Board of Education, inform the Superintendent of Schools;
<br />4. If the Superintendent of Schools, inform the chair of the Board of Education;
<br />5. If an elected official, inform the mayor;
<br />6. If a consultant,* inform the chair or head of the board, department, or agency that hired the consultant.
<br />4. An afficial or employee* with an interest in a contract must disclose this interest prior to the first of any of the following
<br />1. The solicitation of the contract.
<br />2. The bidding of a contract.
<br />3. The negotiation of a contract.
<br />4. The approval of the contract.
<br />5. An official or employee* need not file a disclosure statement pursuant to this section if he or she, with respect to the same
<br />matter, has, with respect to an interest in a contract with the city, filed a disclosure statement pursuant to this code.
<br />Comment: Transactional disclosure provides specific disclosure when a conflict arises, that is, when an olficial or employee'
<br />personal relationship or inierest actually creates a conflici with the public interest. It is at this point that it is most important th t the
<br />official or employee seriously consider the effecfs of this conflict on his or her actions or judgment, as well as the effects on h w
<br />his or her involvement would appear to the public if it knew about the conflict.
<br />Subsection 3: These specitic guidelines to informing of conflicts should be adapted to each city's particular form and structur
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