|
102. Exclusions from the Code of Eihics and fram Transactional Disclasure.
<br />To discuss exclusions and waivers, click here.
<br />The provisions of 100 and 101 of this code do not require recusal or transactional disclosure as a result of:
<br />1. An action specifically authorized by statute, rule, or regulation of the State of or of the United States.
<br />2. A ministerial act*.
<br />3. Gifts* (a) received by the official or employee* from his or her parent, spouse or doinestic paitner*, chiid or step-c
<br />or sibling or step-sibling; (b) received by the official or employee, his or her spouse or domestic partner, child or step-c
<br />parent, and member of his or her household*, from a person or entity (any person who works for or is otherwise relate
<br />an entity is considered as having given on behalf of that entity), having an aggregate value of $50 or less during any t
<br />-month period; or (c) accepted on behalf of the city and transferred to the city pursuant to 100(4)(b).
<br />4. Gifts* or financial benefits* having a value of $50 or less that are received by a city officiai or employee for the
<br />solemnization of a marriage officiated by that official or employee at a place other than his or her normal public place,
<br />business and at a time other than his or her normal work hours.
<br />5. Public awards from charitable organizations having a value of $100 or less.
<br />Comments: Subsection 3 contains an annual dollar limit for gifts given to an official or employee plus his close relations. Ma
<br />ethics codes' dollar limits are per gift, usually around $50, in the belief that taking an official out to lunch is acceptable. Howe
<br />such a limit is easy to get around by giving lots of small gifts to officials and iheir relatives, which add up to large gifts over tir
<br />Another way around such a rule is to give large gifts that are naturally spread out over time, such as a restaurant or club tab,
<br />season tickeis. Other codes' gift rules contain many detailed instances and amounts, for such things as private or public or
<br />charitable functions. A simpler rule, with an annual limit, is more clear and therefore provides better guidance. I would like to
<br />people's opinions about this, as well as their experiences with the approaches: how successful ihey've been, how they've be
<br />enforced, etc.
<br />103. Annuai Disciosure.
<br />To discuss this provision, click here.
<br />1. Officials, Employees, and Others Who Are Required to File.
<br />Those holding the following job titles or positions are required to file a signed annual disclosure statement:
<br />1. Elected officials;
<br />2. Department heads and those authorized to act on their behalf (e.g., first deputies);
<br />3. Oificials and ernpioyees* who hold policymaking positions, including members of municipai boards, such as ethics
<br />commissions, finance boards, planning and zoning boards, boards of zoning, buildings, and assessment appeals, wetl~
<br />and conservation boards, economic development boards, and parks and recreation boards;
<br />4. Officials whose job descriptions or whose actual duties involve:
<br />1. The negotiation, authorization, or approval of contracts, leases, franchises, revocable consents, concessic
<br />variances, special permits, or licenses;
<br />2. The purchase, sale, rental, or lease of real property, personai property, or services, or a contract for any o
<br />these;
<br />3. The obtaining of grants of money or loans; or
<br />4. The adoption or repeal of any rule or regulation having the force and effect of law;
<br />5. candidates for elected office;
<br />6. political party committee officers; and
<br />7. relatives of officials and employees who, pursuant to subsection 5(d) of this section, are required to file
<br />because they are employed by the city, but who would not otherwise be required to file.
<br />2. Time and Place for Filing.
<br />a. Annual disclosure statements (for the calendar year) are to be filed with the Ethics Commission:
<br />(i) Within one-hundred-and-twenty days after the effective date of this section;
<br />(ii) Within thirty days after taking one of the job titles or positions listed in subsection 1 of this section; and
<br />(iii) No later than May 15 of each year thereafter.
<br />b. For candidates for elected office:
<br />(i) With the filing of the certificate of candidacy or declaration of intent.
<br />(ii) No later than May 15 of each year thereafter. If an annual disclosure statement is overdue and is not filed within 20 days
<br />the candidate receives from the Ethics Commission written notice of the failure to file, the candidate is considered to have
<br />withdrawn his or her candidacy.
<br />3. Changes in Disclosed Information.
<br />Within thirty days after a change in the information contained in his or her most recently filed annual disclosure statement, an
<br />official, employee, or candidate must file a signed amendment to the statement (as in subsection 2), indicating the change.
<br />4. Contents of Annual Disclosure Statement.
<br />The annual disciosure statement will include:
<br />a. The location of any real property in the city, or within one mile of the boundary of the city, in which the person disclosing,
<br />or her relative*, has a financiai interest*, and the type of financial interest.
<br />b. With respect to each outside employer or business* of the person disclosing:
<br />(i) Its name (if any);
<br />(ii) The nature of its business;
<br />his
<br />43
<br />
|