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HomeMy WebLinkAbout02222021 City Council Work Session Packet - Code of EthicsSeward City Council Work Session Packet Topic: Discuss a Code of Ethics for City Officials February 22, 2021 City Council Chambers Beginning at 6:00 p.m. Instructions For CITIZEN INVOLVEMENT DURING CITY COUNCIL Virtual WORK SESSIONS Due to COVID-19, alternate methods for citizen involvement during City Council work sessions have been created to allow public interaction while keeping everyone safe and healthy. Although there is no in person public attendance allowed, council wants to encourage citizen participation. If you wish to participate in a work session, please follow these simple steps: STEP 1: Sign up on the city clerk's contact list. Send an email to clerk2cityofseward.net and request to be included on the contact list AND provide your phone number. Sign up by 5:00 p.m. on the day of the work session. You'll receive a confirmation email from the city clerk that you're on the list; if you don't receive the confirmation, please call 224-4045 to confirm. STEP 2: Keep your phone handy throughout the work session. When answering your phone, please mute any background noise so you can be heard by council clearly. How it will work: During regular intervals throughout the work session, the proceedings will be halted and the city clerk will call citizens who have signed up. After all citizens have been contacted, council will continue the work session. Citizens sign up one time per work session, and will be contacted at every interval during the work session. Each time you are called, the city clerk will ask if you wish to be contacted at the next interval during that work session. How to watch or listen to a work session: 1. Watch Live Streaming on the city's YouTube page. Log onto YouTube and type "City of Seward Alaska" into the search bar or go to: 2. hltps://www.youtube.com/channel/UCWzsXcDwdyklHKGgvYS_UNQ 3. Listen on the radio. Tune to KIBH-FM 91.7 4. Watch on television. Tune into GCI Cable Channel 9. Note: GCI has recently been experiencing technical difficulties with the sound; they are working diligently to fix the problem. Attending via ZOOM Enter the following information in the Zoom app or on Zoom.com: Zoom App or www.zoom.us Or Telephone: US: +1 346 248 7799 or 833 548 0276 (Toll Free) Webinar ID 965 8547 6375 Passcode: 357165 DRAFT Sponsored by: Mayor Terry & Council Member Osenga Introduction Date: , 2021 Public Hearing Date: , 2021 Enactment Date: , 2021 CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING A CODE OF ETHICS FOR MUNICIPAL OFFICERS, DEFINING A PROCEDURE FOR A CITY MANAGER CONFLICT OF INTEREST, AND QUANTIFYING THE TERM "SUBSTANTIAL FINANCIAL INTEREST" WHEREAS, the proper functioning of democratic government requires ethical behavior by public officials; and WHEREAS, the Seward City Council desires to hold themselves and the City's other municipal officers to the highest standards of conduct possible; and WHEREAS, ethics involves the commitment to take individual responsibility in creating a government that has the trust and respect of its citizens; and WHEREAS, the purpose of this ordinance is to set reasonable standards of conduct for City municipal officers, including the City Manager, so that the public may be assured that its trust in such persons is well placed, and that the City officials and the City Manager themselves are aware of the standards of conduct demanded; and WHEREAS, it is not the intent of this ordinance to set unreasonable barriers that will serve only to deter aspirants from public service. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code 2.01.020 is hereby amended as follows: (Deletions = Bold ; Additions = Bold Italics.) 2.01.020 — Conflict of interest (a) Municipal officers of the city shall comply with the provisions of AS 39.50. For purposes of public disclosures required by this section, "municipal officers" shall include the mayor, councilmembers, the city manager, and Seward planning and zoning commissioners. (b) Applicants for the appointive positions listed above and applicants for vacant council seats to be filled by the city council shall file a current conflict of interest statement with their completed application forms or letters of interest. CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX (c) Code of ethics for municipal officers 1. City municipal officers, while acting in such capacity, shall not knowingly make false statements to influence official action. For purposes of this section "city municipal officers" shall include the mayor, councilmembers, the city manager, city clerk, city attorney, and Seward planning and zoning commissioners. City municipal officers shall not seek office or position or use their office or position for the purpose of obtaining anything of value for the official, an immediate family member, or a business owned by the councilmember or in which the councilmember holds an interest, or for the purpose of influencing any matter in which the councilmember has a substantial financial interest. 2. City municipal officers shall not use the implied authority of office or position for the purposes of unduly influencing the decisions of others or promoting a substantial personal interest within the community except when discussing in a public meeting a matter before the body. Municipal officers shall refrain from using their title except when duly representing the city in an authorized capacity. Unless expressly authorized to represent an official position of the city or a body of the city, municipal officers shall refrain from implying their individual representation is that of the City of Seward by the use of their title. 3. City municipal officers shall not, for compensation, represent or assist those representing private business or personal interests before the city council, administration, or any borough board, commission or agency. Nothing herein shall prevent a municipal officer from making verbal or written inquiries on behalf of constituents or the general public to members of the city council or from requesting explanations or additional information on behalf of such constituents. No municipal officer may solicit or accept a benefit or anything of value from any person for having performed this service. 4. City municipal officers may not disclose information they know to be confidential concerning employees of the City, City property, City government, or other City affairs, including but not limited to confidential information disclosed during an executive session, unless authorized or required by law to do so. 5. City municipal officers may not engage in business or accept employment with, or serve as a state elected or appointed official or render services for persons where that activity, office, or position is incompatible with the proper discharge of the municipal officer's duties or would tend to impair the municipal officer's independence of judgment in performing their duties. 6. For one year after leaving office, City municipal officers shall not hold any compensated city office or employment that was created, or the salary or benefits of which were specially increased, in a vote by the council during the lastyear the member was in office. 7. City municipal officers shall not accept a gratuity from any person engaging in business with the council or having a substantial financial interest in a decision pending with the City. No municipal officer shall give a gratuity to another municipal officer for the purpose of* influencing that person's opinion, judgment, action, decision, or exercise of discretion as a council member. This subsection does not prohibit accepting: CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX a. A meal of reasonable value; b. Discounts or prizes that are generally available to the public or large sections thereof; c. Gifts presented by an employer to its employees in recognition of meritorious service, or civic or public awards; d. A lawful campaign contribution made to a candidate for public office; e. An occasional gift of insignificant value; f. Any gift which would have been offered or given to the officer even if the officer were not a municipal officer. 8. City municipal officers may not use, request or permit the use of city vehicles, equipment, materials or property for any non -city purpose, including but not limited to private financial gain, unless that use is available to the general public on the same terms or unless specifically authorized by the council. This subsection does not prohibit de minimis personal use. 9. An employed municipal officer may not take an active part in a non -city sanctioned political campaign or other political activity when on duty. Nothing herein shall be construed as preventing such municipal officers from exercising their voting franchise, contributing to a campaign or candidate of their choice, or expressing their political views when not conspicuously representing the city. Similarly, any municipal officer may not take an active part in apolitical campaign or other political activity during an official meeting. 10. City municipal officers must dress in business casual attire at council meetings. Business casual is defined as- relating to or denoting a style of clothing that is less formal than traditional business wear, but is still intended to give a professional and businesslike impression. 11. City municipal officers may notplace items on the dais in such a manner as to outwardly display to the public anything of an ideological nature. Ideological is defined as- Based on or relating to a system of ideas and ideals, especially concerning economic or political theory and policy. 12. City municipal officers may not attempt to influence another municipal officer's vote or position on a particular item through contact with the municipal officer's employer or by threatening financial harm to another municipal officer. 14. A city manager who has or may have a substantial personal or substantial financial interest in an official action shall disclose the facts concerning those interests to the city council prior to taking the official action. If the council determines the manager has a substantial personal or substantial financial interest in the action, the council shall excuse the manager and assign another city employee to the matter. The city administration may adopt written policies setting forth additional standards and requirements for excusing the manager and assigning another city employee to the matter. Such written policies will be approved by the city council. 15. Perhaps the most fundamental role of a Councilmember is communication. Councilmembers will communicate with the public to assess community opinions and CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX needs, and to share the vision and goals of the City with constituents, and will also communicate with staff to provide policy direction and to gain an understanding of the implications of various policy alternatives. 16. Members of the City Council will often be called upon to write letters to citizens, businesses, or other public agencies. Typically, the Mayor will be charged with transmitting the City's position on policy matters to outside agencies on behalf of the City Council. Individual members of Council will often prepare letters for constituents in response to inquiries, or to provide requested information. City letterhead is available for this purpose and can be coordinated through the city clerk and or city manager to ensure appropriate retention. On occasion, members may wish to correspond on an issue on which the Council has yet to take a position, or about an issue for which the Council has no position. In these circumstances, members should clearly indicate that they are not speaking for the City Council as a whole, but for themselves as one member of Council. City letterhead and office support may be utilized in these circumstances in collaboration with the city clerk and or city manager. Councilmembers may occasionally be asked to prepare letters of recommendation for students or others seeking employment or appointment. It is appropriate for Councilmembers to utilize City letterhead and their Council titles for such letters. 17. The City Council delegates to the City Manager the responsibility to discuss with any Councilmember, on behalf of the full Council, any perceived or inappropriate interference or encroachment of administrative services. The City Manager will discuss with the Councilmember the action and suggest a more appropriate process or procedure to follow. After this discussion, if inappropriate action continues, the City Manager will report the concern to the full Council. Section 2. Seward City Code 2.01.035 is hereby amended as follows: (Deletions = Bold ; Additions = Bold Italics.) Seward City Code 2.10.035 — Voting — Sequence, procedure, conflicts of interest (a) The voting sequence of the council shall be alternated for each meeting by the city clerk. (b) Any vote of the council may be by voice vote upon demand of any member, either prior or subsequent to any vote. Such vote shall be by roll call. Each member shall answer by the word "yes" or "no." (c) No member of the council may discuss or vote on any question in which the member has a direct or indirect substantial financial interest. Direct or indirect substantial financial interest shall be disclosed to the presiding officer prior to the beginning of debate on the question for a ruling on a request from the member with the substantial financial interest to be excused from the discussion and vote. The decision of the presiding officer on a request by a member of the city council to be excused from discussion and a vote may be overridden by the majority vote of the council. If there are CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX not at least four council members in attendance who are qualified to vote, the matter shall be tabled until the next regular or special meeting at which four council members qualified to vote on the matter are in attendance. (d) A municipal employee or official, other than a member of the city council, may not participate in an official action in which the employee or official has a substantial financial interest. (e) "Substantial financial interest" means a financial interest that would result in a pecuniary gain or loss exceeding $1,000 in a single transaction or more than $5,000 in the aggregate in 12 consecutive months. Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this day of 2021. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal)