04/22/2010 Special Meeting - Laserfiche WebLink

Home Browse Search

kU) ai iy cnury IVl.4lCU III LI IC l:lly UI wnicn uue5 uusiness wnn [ne city, in wnicn tne omciai or empioyee° nas an ownersrnp mtei except a public corporation in which the officiai or employee's ownership interest is the lesser of (i) stock valued at less than $50,000 or (ii) five percent of the outstanding stock; and (d) any entity to which the official or employee* owes, or by which the official or employee is owed, more than $10,000, either the form of a note, a bond, a loan, or any other financial instrument. For purposes of this definition, "compensation" does not include reimbursement for necessary expenses, including travel expenses.. 12"Personal benefiY' includes benefits other than those that are directly financially advantageous. These include financial benefits* to relatives*, business associates, and others listed in 100(1 as well as non-financial benefits to these people and, oneself, including such things as reputation and the success of one's career. A"personal interest" means a relationship to something such that a personal benefit has been, will be, or might be obtained by certain action or inaction with respect to it. 13. "Reiative" means a spouse, child, step-child, brother, sister, parent or step-parent, or a person claimed as a dependent oi oificial or employee's* latest individual state income tax return. 14. "Subordinate" means another official or employee* over whose activities an official or employee has direction, supervisior control. Comment: Subsection 3("customer or client"): An employee of a large corporation may not know many of the customers or clients of his or her employer and should not be penalized for that understandable ignorance. For that reason, the "knows or h s reason to know" language is included. Subsection 6("gift"): A"financial transaction on terms not available to the general public" includes, for exampie, a reduced- interest loan to a municipal official. The reduction in interest would constitute a gift. Subsection 11 (c) ("outside employer or business"): It is sometimes said that stock ownership in a public company is not releva t to an official's interests, because he or she owns a tiny percentage of the stock and therefore has no control over the entity. But he success of the public company does have special meaning to someone who holds a large dollar amount of that company's st ck (even if that amount is large only for the individual, not for the corporation) and, theretore, it does constitute an interest that co Id get in the way of an officiai's ability to act impartially (as well as the perception of how the official would benefit from the comp ny's success). The amount of share holdings will not be disclosed, but since there is a minimum amount, it wili be clear that any disclosed sh re holding is sizeable. Therefore, some cities may want a lower threshold amount, so that it is not clear whether a shareholding i large or small. Subsection 12 ("personal benefit"): Many ethics codes require the expenditure of funds even with respect to personal benefits But this requirement allows officials to vote, say, on whether they should have to recuse themselves, when a committee member raises the issue at a meeting. Non-financial interests, such as reputation, are very important to people and have an equally powerful effect on their ability to make impartial decisions. I would like to hear about examples of personal benefits you feel s oula be included as giving rise to a possible conflict of interest, and how you have seen such personal benefits dealt with when ihe are and when they are not covered by ethics codes. Subsection 13: Some cities follow the IMLA Model Code by defining "relatives," generally or in such instances as gift-giving, a anyone within up to the fifth degree of consanguinity. I feel that this term is inappropriate to an ethics code because of its unfamiliarity, its difficulty, and its common usage in law (determining incest). To be in the fifth degree of consanguinity, two individual's first common ancestor must be no more than a total of five generations away. For example, if my grandfather (two degrees) is your great-grandfather (three degrees), there are five degrees of consanguinity between us. In law, because consanguinity is for the purpose of defining incest, it does not include relationship by marriage. However, relationship by marr ge is relevant in government ethics. Throughout this code there are stars next to defined words. If this usage is followed and the code is placed on a city's website these stars should be turned into links to the Definitions section, so that the definitions can be easily consulted. Part B: Administrative Provisions 201. C3uties af City Clerk. The City Clerk must maintain on file for public inspection and, with respect to disclosure statements, index in alphabetical c the last name of the relevant official, employee, candidate, or applicant the following documents: (1) A copy of the code of ethics and amendments thereto; (2) A statement that the city has established an Ethics Commission, and its composition; (3) A copy of the form of annual statement of financial disclosure; (4) A list of the names and offices, or positions, of all officials and employees required to file annual disclosure statements; (5) Copies of all transactional, applicant, and annual disclosure statements filed pursuant to this code. 202 hfiaintenance af Disclosure Statements. 1. The City Clerk must transmit promptly to the Ethics Commission copies of each transactional and applicant disclosure statement filed pursuant to sections 101, 103, and 104 of this code. 2. The Ethics Commission must index and maintain on file for at least seven years all disclosure statements filed with it F to sections 101, 103, and 104 of this code.. 203 Ettiics Commission: Establishment; Qualifications of Members; Appointment af Members; Term ot To discuss the establishment and role of ethics commissions, click here. 1. There is hereby established an Ethics Commission consisting of five members, plus two alternate members. All members alternate members must be residents of the city. by 413