11. Code of Ethics, City Attorneyf t
CITY OF
---
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Mayor and City Council
FROM: Don Ashworth, City Manager
DATE: September 19, 1994
SUBJ: Code of Ethics
At the September 12 meeting, the council requed that the City Attorney prepare a Code of
Ethics for council consideration. Attached plea d a draft copy as prepared by Roger
Knutson. Mr. Knutson will be present on Morayvening to review this document.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CODE OF ETHICS FOR PUBLIC OFFICIALS AND
' EMPLOYEES OF THE CITY OF CHANHASSEN
I SECTION 1. DECLARATION OF POLICY.
7
The proper operation of democratic government requires that public officials
and employees be independent, impartial, and responsible to the people; that
government decisions and policy be made within the proper channels of the
governmental structure; that public office not be used for personal gain; that public
officials and employees avoid even the appearance of impropriety; and that the
public have confidence in the integrity of its government. In recognition of these
goals, a code of ethics for all city council members, city advisory committee
members, and city employees is adopted. The purpose of this code is to establish
standards and guidelines for ethical conduct by setting forth those acts or actions
that are incompatible with the best interests of the city and by directing disclosure
of private financial or other interests in matters affecting the city.
SECTION 2. DEFINITIONS.
(a) 'Business entity " means any corporation, limited liability company,
general or limited partnership, sole proprietorship (including a private consultant
operation) joint venture, unincorporated association or firm, institution, trust,
foundation, or other organization, whether or not organized for profit.
(b) "Confidential Information " means any information, oral or written,
which comes to the attention of, or is available to, the public officer or employee
only because of his or her position with the city, and is not a matter of public
record.
(c) "Gift" means money, real or personal property, a service, a loan, a
forbearance or forgiveness of indebtedness, or a promise of future employment that
is given and received without the giver receiving consideration of equal or greater
value in return. "Gift" does not include:
17179
r09102194
(1)
a campaign contribution as defined in Minn. Stat. § 211A.01,
Subdivision 5;
services to assist a public officer or employee in the
performance of official duties, including but not limited to
providing advise; consultation, information, and communication
in connection with legislation, and services to constituents;
services of insignificant monetary value;
a plaque or similar memento recognizing individual services in
a field of specialty or to a charitable cause;
a trinket or memento of insignificant value;
informational material of insignificant value; or
food or a beverage given at a reception, meal, or meeting away
from the recipient's place of work by an organization before
whom the recipient appears to make a speech or answer
questions as part of a program.
(d) "i Interest" means the actual or potential for pecuniary or other benefit
accruing to a public officer or employee as a result of an official action. For
purposes of this code of ethics, a public officer or employee shall be deemed to
have an interest in the affairs of: .
the officer or employee's relative as defined in this section;
(2) any person or ! business entity with whom a contractual
relationship exists with the public officer or employee or a
business entity ',in which the officer or employee has a
relationship as described in paragraphs (3) and (4) below;
17179
r09/02/94
any business entity in which the public officer or employee is
an officer, director, member, or employee; and
any business entity in which the public officer or employee
controls or owns, directly or indirectly, in excess of five
-2-
lJ
t
I
i
percent (5 %) of the total stock or an interest totalling $50,000
or more in value.
' (e) 'Interested person" means a person or representative of a person or
business entity that has an interest in an official act or action that a public officer
' or employee is authorized to make.
(f) "Official act or action" means any legislative, administrative,
appointive or discretionary act or recommendation of any public officer or
employee.
1
(g) Public employee „ means any person holding a position by
' appointment or employment in the service of the city, whether paid or unpaid,
including appointed members of any board, committee, or commission thereof.
' (h) "Public officer” means any person holding a position by election in
the service of the city, whether paid or unpaid, including elected members of any
' board, committee, or commission thereof.
(i) "Relative " means the public officer's or employee's spouse, children,
' and grandchildren and their spouses, parents and parents of a spouse, and brothers,
sisters and their spouses.
' SECTION 3. CONFLICTS OF INTEREST.
(a) Official Action. No public officer or employee shall take any official
action with respect to a matter before the city if they have:
(1) an interest in the matter; or
(2) an interest in the affairs of any person or business entity
representing, advising, or appearing on behalf of, whether paid
or unpaid, any person involved in the matter.
(b) Disclosure of interest. Any public officer or employee who believes
that he or she has an interest in any proposed official action before the city, or
who is otherwise disqualified from taking any official action on the matter may
only participate in the discussion of that matter in the following manner: (1) by
disclosing on the record of the city forum involved the nature and extent of such
17179
r09/02/94 -3-
s
interest and () by addressing the city forum from the audience as a member of the
public.
SECTION 4. PREAC UISITION OF INTEREST. '
No public officer or employee shall acquire an interest in, or an interest '
affected by, any contract, transaction, zoning decision, or other matter at a time
when such officer or employee believes or has reason to believe the interest will ,
be directly or indirectly affected by an official act or action by the city.
SECTION 5. REPRESENTATION OF PRIVATE INTERESTS AFTER '
EMPLOYMENT OR SERVICES CEASES.
No pubic officer o r employee shall represent or a pp ear on behalf of an y '
interested per on, other than himself or herself, his or her spouse, or minor
children, in dealings with the city until one (1) year after he or she has left his or '
her position with the city.
SECTION 6. PUBLIC CONTRACTS. '
A publi officer or employee may enter into any contract with the city only '
if.
1 a thorized b Minn. Stat. § 471.88; or 1
O Y
(2) the procedures set forth in Minn. Stat. § 471.89 are followed when '
a plicable.
SECTION 7. GIFTS.
Public fficers or employees shall not accept gifts from interested persons. '
SECTION 8.
No pub
disclose confii
or other priva
DISCLOSURE AND USE OF CONFIDENTIAL
INFORMATION.
is officer or employee shall, without proper legal authorization,
ential information, or use such information to further the financial
e interest of the public officer, employee, or others.
17179
r09/02/94 '4- ,
SECTION 9. INCOMPATIBLE OFFICE.
' No public officer or employee shall occupy any other office, elected or
appointed, in the city or any other governmental entity, when the duties of such
office are incompatible with the proper discharge of his or her official duties with
the city. Dual office or employment is specifically prohibited in any one of the
following circumstances:
' (a) where the duties of the other office make it a physical impossibility
to discharge the duties of the city position; or
' b where one office is subordinate of the other; or
' (c) where one office carries the power of removal of the other; or
' (d) where the occupancy of both offices is prohibited by the city code or
other provisions of law.
' SECTION 10. PRIVATE EMPLOYMENT.
' No public officer or employee shall engage in, solicit, negotiate for, or
promise to accept private employment or render services for private interests or
conduct a private business when such employment, service, or business
' compromises or is incompatible with the proper discharge of his or her official
duties or would tend to impair his or her independence of judgment or action in
' the performance of his or her official duties, unless otherwise permitted by law
and unless disclosure of such employment is properly made to the city.
' SECTION 11. EXPENSES.
' Public officers and employees shall provide complete documentation to
support requests for expense reimbursement.
' SECTION 12. PUBLIC FUNDS.
' No Public officer or employee shall use, request, or permit the use of city
public funds, personnel, equipment or facilities, for private gain, personal
convenience or political campaign activities, unless such equipment and facilities
are available to the public generally.
17179
09102194 -5-
SECTION 13. SPECIAL TREATMENT.
(a) No public officer or employee shall grant any special consideration,
treatment, or advantage to any citizen beyond that which is available to every other
citizen.
(b) No public officer or employee shall allow use or attempt to use his or
her official's osition to secure special treatment, exemptions, personal or financial
gain, or to avoid consequences for illegal acts for himself, herself nor a relative.
SECTION 14. COMPLAINTS;.
Filing Complaints. Complaints that a public officer or employee have
violated these provisions be made in writing and signed by the complainant.
Complaints shall be filed with the City Manager or in the case of the City
Manager, wit the Mayor. The complaint shall be promptly forwarded to the
Ethics Commission.
SECTION 19. ETHICS COMMISSION.
(a) Creation. There is hereby created an Ethics Commission which shall
have the duties and powers, unless otherwise provided, to hear complaints and rule
upon their disposition.
(b) Appointment of Members. The Commission shall consist of three (3)
members, to tie appointed by the City Council.
(c) T rms. Commission members shall serve for three (3) year staggered
terms. Of the first members appointed, one shall serve for three (3) years, one
shall serve wo (2) years, and one shall serve for one year. Thereafter, each
Commissioned shall serve for a term of three (3) years.
(d) Cbm ensation. No Commissioners shall receive a salary, but may
be reimbursed for expenses in accordance with City policy.
(e) Ts. The Commission's duties shall include:
hearing complaints on violations of this ordinance;
s
r
Ll
17179
r09/02/94 '6_
1
(2) giving nonbinding advice to the City Council, City Attorney, or
other public officers and employees on ethical questions. This
includes rendering advisory opinions;
(3) giving nonbinding recommendations to the City Council and
City Attorney on new and existing City policies on ethics.
SECTION 16. DISTRIBUTION OF CODE OF ETHICS.
The city clerk shall cause a copy of this code of ethics to be distributed to
every public officer and employee of the city within thirty (30) days after
enactment. Each public officer and employee elected, appointed, or engaged
thereafter shall be furnished a copy before entering upon the duties of this office
or employment.
PASSED AND ADOPTED this _
City Council of the City of Chanhassen.
ATTEST:
Don Ashworth, Clerk /Manager
day of , 1994, by the
Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1994).
17179
r09/02/94 -7-