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110, Whistle-Blotver Protectian.
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<br />1. Neither the city nor any person, including officials and empioyees*, may take or threaten to take, directly or indirectly, officia or
<br />personal action, including but not limited to discharge, discipline, personal attack, harassment, intimidation, or change in job,
<br />salary, or responsibilities, against any official, employee, or other person (or against any member of their family) because that
<br />person, or a person acting on his or her behalf, (a) reports, verbally or in writing, or files a complaint with the Ethics Commissi n
<br />regarding an alieged violation of this code, or (b) is requested by the Ethics Commission to participate in an investigation, hea ing,
<br />or inquiry, or is involved in a court action relating either to the alleged violation or to evidence presented or given as part of an
<br />Ethics Commission investigation or hearing. The provisions of this section are not applicable when the complainant, witness, r
<br />reporter of a violation made accusations or other statements that were malicious and false. A violation of this section is a viola ion
<br />of this code.
<br />2. Anyone who aileges a violation of subsection 1 may bring a civil action for appropriate injunctive relief, or actual damages, i
<br />both within ninety days after the occurrence of the alleged violation. A court may order reinstatement of the plaintiff to such a:
<br />or the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination o
<br />these remedies. A court may also award the plaintiff all or a portion of the costs of litigation, including reasonable attorney fee,
<br />and witness fees. The initiation of such litigation is not a violation of the confidentiality provisions in 100(8) or 213(9).
<br />Comment: Without whistle-blower protection, city employees - the people who best know what is going on in the city governn
<br />- will be unlikely to come fonvard with reports of ethics code violations. It is difficult enough to betray the strong feelings of loy,
<br />that exist in most workplaces, and almost impossible when speaking out endangers your job and pension. With whistle-blowe
<br />protection, city officials will know their violations might be reported and, therefore, will be more likely to act consistent with the
<br />code (that is, their personat interest in protecting themselves will be closer to the public interest in their acting fairly and
<br />impartially).
<br />111. Definitinns.
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<br />Unless otherwise stated or unless the context otherwise requires, when used in this code:
<br />1. To "appear"or "appear before" means to communicate in any form, including, without limitation, personally, through anothe
<br />person, by letter, or by telephone. This definition also applies to the noun form, "appearance."
<br />2. "COnsultant" means an independent contractor or professional person or entity engaged by the city or advising a city officia,
<br />and in a position to influence a city decision or action, or have access to confidential information.
<br />3. "Ciistamer or client" in 104(1)(e) means (a) any person or entity to which a person or entity has supplied goods or services
<br />during the previous twenty-four months, having, in the aggregate, a value greater than $1,000, or (b) any person or entity to hich
<br />an official or employee's' outside employer or business" has supplied goods or services during the previous twenty-four mont s,
<br />having, in the aggregate, a value greater than $1,000, but only if the official or employee knows or has reason to know the ou side
<br />employer or business supplied the goods or services.
<br />4. "Domestic partner" is an adult, unrelated by blood, with whom an unmarried or separated officiel or employee* has an excl sive
<br />committed relationship, maintains a mutual residence, and shares basic living expenses.
<br />5. "Financial benefiY" includes any money, service, license, permit, contract, authorization, loan, travel, entertainment, hospita ity,
<br />gratuity, or any promise of any of these, or anything else of value. This term does not include campaign contributions authoriz d
<br />by law. A"financial interest" is a relationship to something such that a direct or indirect financial benefit has been, will be, or ight
<br />be received as a result of it.
<br />6. A"gift' is a financial benefii* received or given without equivalent compensation. However, a financial benefit* received or iver
<br />on terms available to the general public is not a gift.
<br />7. "Household" includes anyone whose primary residence is in the official or employee*'s home, including non-relatives* who re
<br />not rent payers or servants.
<br />II. An "interest in a contracY" is a relationship to a contract such that a direct or indirect financial or other material benefit* has
<br />been, will be, or might be received as a result of that contract. The official or employee* does not need to be a party to the
<br />contract to have an interest in it. Indirect benefit includes a benefit to the official's family or outside business or employer.
<br />9. "Ministerial acY" means an action performed in a prescribed manner without the exercise of judgment or discretion as to th
<br />propriety of the act. An example of a ministerial act is the granting of a marriage license by a city clerk.
<br />10. "C}fficial or employee" means any official or employee of the city, whether paid or unpaid, and includes all members of an
<br />office, board, body, advisory board, council, commission, agency, department, district, administration, division, bureau, com ittee
<br />or subcommittee of the city. "Official or employee" does not include:
<br />(a) A judge, justice, or official or employee of the court system;
<br />(b) A volunteer fire fighter or civil defense volunteer, except a fire chief or assistant fire chief; or
<br />(c) A member of an advisory board if, but only if, the advisory board has no authority to implement its recommendations or to ct
<br />on behalf of the city or to restrict the authority of the city to act.
<br />11. °Outside ernployer or business" includes:
<br />(a) any substantial business activity other than service to the city:
<br />(b) any entity, other than the city, of which the official or employee* is a member, official, director, or employee, and from whi~h he
<br />or she receives compensation for services rendered or goods sold or produced;
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