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6.5. SR 04-08-2013 Wi Gty 11� REQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council 6.5 AGENDA SECTION MEETING DATE PREPARED BY Work Session Aril 8,2013 Cal Portner, City Administrator ITEM DESCRIPTION REVIEWED By Council Code of Conduct REVIEWED BY ACTION REQUESTED Review, discuss, and provide discussion on code of conduct policy. BACKGROUND/DISCUSSION At the March 11, 2013, Council Work Session, the Council discussed meeting decorum and reviewed the Code of Conduct templates and policies from other organizations. The Council requested the item be returned for further discussion and to include the city's current policy. The City Code of Conduct is codified in ordinance 2-132 and was last amended in December of 1999. Also attached are two other documents to reference, the ICN A Code of Ethics and The Pro-Plymouth Pledge. FINANCIAL IMPACT N/A ATTACHMENTS • City Code 2-132 • LMC Template Code of Conduct • City of Prior Lake Statement of Ethics • ICMA Code of Ethics • The Pro-Plymouth Pledge • ISD 728 School Board Agenda IP O W € R E O A y NAWREI -CODE OF ORDINANCES Chapter 2-ADMINISTRATION ARTICLE III. -OFFICERS AND EMPLOYEES DIVISION 3. -CONFLICTS OF INTEREST Sec. 2-131. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Employee includes any individual employed by the city on a full-or part-time basis. Official includes all elected and appointed officials of the city, including but not limited to the city council, the economic development authority, and the members of the boards and commissions established by this Code. (Ord. No. 99-33, §2(220.04), 12-20-1999) Cross reference—Definitions generally, § 1-2. Sec. 2-132. - Intent of division; conflicts of interest prohibited. The credibility of the local government rests heavily upon the confidence which citizens have in public officials and employees to render fair and impartial services to all citizens without regard to personal interest and/or political influence. Thus, city officials and employees must scrupulously avoid any activity which suggests a conflict of interest between their private interests and city responsibilities. Officials and employees of the city, or their family members, shall not engage or have financial interest in any business or other activity which could reasonably lead to a conflict of interest with the official's or employee's primary city responsibilities. Family members of an official or employee shall be deemed to be the official's or employee's spouse, parents, children, siblings, father-in-law, mother-in-law, brothers-in- law, and sisters-in-law and the lineal descendants of any of them. Examples of activities which are not in accordance with this policy include, but are not limited to, the following: (1) Entering into any sale, lease, or contract in violation of Minn. Stats. §§ 471.87-471.89; (2) Acceptance by a local official of any gift from an interested person in violation of Minn. Stats. § 471.895; (3) Activities which require the official or employee to interpret city codes, ordinances, or regulations which such activity involves matters with which the official or employee has business and/or family ties; (4) Consulting activities carried out within the city if such consulting involves talents or skills primarily related to the official's or employee's city work responsibilities; (5) Using an official's or employee's authority, influence, or city position for the purpose of private or personal financial gain; (6) The use of city time, facilities, equipment, or supplies for the purpose of private or personal financial gain; (7) Entering into a business transaction when it involves using confidential information gained in the course of employment; (8) Accepting other employment or public office where it will affect the official's or employee's independence of judgment or require use of confidential information gained as a result of city duties; (9) Conducting personal business while working regularly scheduled hours; and Elk River, Minnesota, Code of Ordinances Page 1 -CODE OF ORDINANCES Chapter 2-ADMINISTRATION ARTICLE III. -OFFICERS AND EMPLOYEES DIVISION 3. -CONFLICTS OF INTEREST (10) Accepting rebates or procuring any financial gain through the bidding process or employment of outside personnel. (Ord. No. 99-33, § 2(220.00), 12-20-1999) Sec. 2-133. - Enforcement. Any official or employee engaging in any activity involving either an actual or potential conflict of interest or having knowledge of such activity by another official or employee shall promptly report the activity to the city administrator, or, if such activity be by the city administrator, to the mayor. The city administrator or mayor shall investigate the matter and make a determination as to whether or not an actual or potential conflict exists. If the city administrator or mayor determines a conflict exists, it shall be presumed that the continuation of the practice would be injurious to the effectiveness of the official or employee in carrying out his duties and responsibilities. In such cases the official or employee shall immediately terminate the conflicting activity or be subject to termination of employment or removal from office. (Ord. No. 99-33, § 2(220.02), 12-20-1999) Sec. 2-134. - Political activities. No elected official shall require, either directly or indirectly, any employee of the city to campaign on his behalf as a condition to employment. No employee shall use city time or resources in promoting or advocating the election of any individual. (Ord. No. 99-33, §2(220.06), 12-20-1999) Sec. 2-135. - Applicability of state and federal law. Nothing in this division is intended to violate, supersede, or conflict with any applicable state or federal law regarding conflicts of interest in public employment or disclosure requirements. (Ord. No. 99-33, §2(220.08), 12-20-1999) Secs. 2-136-2-160. - Reserved. FOOTNOTE(S): (4)State Law reference— Prohibited interests in contracts, Minn. Stats. § 471.87 et seq, Back Elk River, Minnesota, Code of Ordinances Page 2 Template Code of Conduct .01. Purpose. The city council of the City of determines that a code of conduct for its members, as well as the members of the various boards and commissions of the City of , is essential for the public affairs of the city. By eliminating conflicts of interest and providing standards for conduct in city matters, the city council hopes to promote the faith and confidence of the citizens of in their government and to encourage its citizens to serve on its council and commissions. .02. Standards of Conduct. Subd. 1. No member of the city council or a city board or commission may knowingly: a. Violate the open meeting law. b. Participate in a matter that affects the person's financial interests or those of a business with which the person is associated,unless the effect on the person or business is no greater than on other members of the same business classification, profession, or occupation. c. Use the person's public position to secure special privileges or exemptions for the person or for others. d. Use the person's public position to solicit personal gifts or favors. e. Use the person's public position for personal gain. f Except as specifically permitted pursuant to Minn. Stat. 471.895, accept or receive any gift of substance, whether in the form of money, services, loan, travel, entertainment, hospitality,promise, or any other form, under circumstances in which it could be reasonably expected to influence the person, the person's performance of official action, or be intended as a reward for the person's official action. g. Disclose to the public, or use for the person's or another person's personal gain, information that was gained by reason of the person's public position if the information was not public data or was discussed at a closed session of the city council. h. Disclose information that was received, discussed, or decided in conference with the city's legal counsel that is protected by the attorney-client privilege unless a majority of the city council has authorized the disclosure. i. Represent private interests before the city council or any city committee, board, commission or agency. (optional) Subd. 2. Except as prohibited by the provisions of Minn. Stat Sec. 471.87, there is no violation of subdivision 1 b. of this section for a matter that comes before the council, board, or commission if the member of the council, board, or commission publicly discloses the circumstances that would violate these standards and refrains from participating in the discussion and vote on the matter. Nothing herein shall be construed to prohibit a contract with a member of the city council under the circumstances described under Minn. Stat. Sec. 471.88, if proper statutory procedures are followed. Created by the League of Minnesota Cities Ethics Advisory Panel October 2009 .03. Complaint, Hearing. Any person may file a written complaint with the city clerk alleging a violation of the standards of conduct in section .02. The complaint must contain supporting facts for the allegation. The city council may hold a hearing after receiving the written complaint or upon the council's own volition. A hearing must be held only if the city council determines (1)upon advice of the city attorney, designee, or other attorney appointed by the council, that the factual allegations state a sufficient claim of a violation of these standards or rise to the level of a legally-recognized conflict of interest, and (2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay. The city council's determination must be made within 30 days of the filing of the allegation with the city clerk. If the council determines that there is an adequate justification for holding a hearing, the hearing must be held within 30 days of the city council's determination. At the hearing, the person accused must have the opportunity to be heard. If after the hearing, the council finds that a violation of a standard has occurred or does exist, the council may censure the person, refer the matter for criminal prosecution, request an official not to participate in a decision, or remove an appointed member of an advisory board or commission from office. Created by the League of Minnesota Cities Ethics Advisory Panel October 2009 U CITY OF PRIOR LAKE, MINNESOTA ylINNE5C}'4e. Mayor and City Council BYLAWS SECTION 1300: STATEMENT OF ETHICS 130.1: POLICY STATEMENT: The City of Prior Lake recognizes our system of democratic representative government is dependent in large measure, upon people having trust and confidence in their public officials. The public rightfully expects governmental officials will conduct City of Prior Lake business in ways which benefit the public good generally and that public office will not be used chiefly or improperly to advance personal interests. The City Council of Prior Lake has pledged the goals of fair, efficient and honest government will be fostered and that it will strive for integrity and objectivity from all of its officials. 1301.1 The City of Prior Lake finds that the proper operation of democratic representative government requires that: • Elected and appointed officials be independent, impartial and responsible to the people; • Governmental decisions and policy are made in the proper channels of the governmental structure; • Public office and position not be used for personal gain; and • The public have confidence in the integrity of its government. 1301.2 The City of Prior Lake shall adhere to the highest ethical standards that enhance the public trust in local government by: • Creating transparency in its actions through honest and open communication; • Basing decisions and adopting public policies based on what is in the best interest of the public and the overall community; • Supporting the public's right to know the public's business; and • Exercising fairness, optimism, responsiveness and respect in communicating with the public. • Providing a forum and periodic training for public officials and employees to discuss organizational values that reflect high standards and current conditions and concerns. i NI 1C0unci1\By1@wsV ity Council Bylaws Revised June 2012.doc 20 i 1301.3 This Statement of Ethics shall be liberally construed in favor of protecting the public's interest in full disclosure of conflicts of interest and promoting ethical standards of conduct. 1302: ETHICS IN GOVERNMENT: Minnesota Statutes, Chapter 1OA, Ethics in Government, is incorporated herein by reference. This policy shall be construed and interpreted in consultation with the City Attorney according to Minnesota Statutes and case law. i 1303: GIFTS AND FAVORS: No public official shall accept any valuable gift, favor or thing of value, regardless of amount whether in the form of money, service, loan, thing or promise from any person which to the official's knowledge is concerned, directly or indirectly in any manner whatsoever in business dealings with the City. 1304: USE OF EQUIPMENT AND FACILITIES: No public official shall request or permit the unauthorized use of City-owned vehicles, equipment, materials, property, labor or services for personal convenience or profit. 1305: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. (Minn. Stat. Section 471.87) 1306 A public official or local official elected to or appointed by a metropolitan governmental unit who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial interests or those of an associated business, unless the effect on the official is no greater than on other members of the official's business classification, profession or occupation, must take the following actions: 1306.1 Advise the City Attorney of the potential conflict of interest as soon as possible, preferably before the meeting; and 1306.2 The City Attorney shall determine whether a disqualifying conflict of interest exists. 1306.3 Any council member shall orally inform the City Council of the potential conflict and abstain from any participation in that agenda item. 1307: The purpose behind the creation of a rule, which would disqualify public-officials from participating in proceedings in a decision-making capacity when they have a direct conflict of interest in its outcome, is to insure that their decision will not be an arbitrary reflection of their own selfish interests. There is no settled general rule as to whether such an interest will disqualify an official. Each case must be decided on the basis of the particular facts present. Among the relevant factors that should be considered in making this determination are: (1) nature of the decision being made; (2) the nature of the pecuniary interest; (3) the number of officials making the decision who are interested; (4) the need, if any, to have interested persons make the decision; and (5) the other means available, if any, such as the opportunity for review, that serve to insure that the officials will not act arbitrarily to further their selfish interests. M\Council\B Maws\Oily COMICII By`aw s Revised,.3une 2.0'12.doc 21 ICMA Code of Ethics With Guidelines The ICMA Code of Ethics was adopted by the ICMA membership in 1924,and most recently amended by the membership in May 1998. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972,and most recently revised in July 2004. The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission,certain principles,as enforced by the Rules of Procedure,shall govern the conduct of every member of ICMA,who shall: 1. Be dedicated to the concepts of effective and democratic Professional Respect. Members seeking a management local government by responsible elected officials and position should show professional respect for persons believe that professional general management is formerly holding the position or for others who might be essential to the achievement of this objective. applying for the same position. Professional respect does not preclude honest differences of opinion; it does preclude 2.Affirm the dignity and worth of the services rendered by attacking a person's motives or integrity in order to be government and maintain a constructive, creative, and appointed to a position. practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant. Reporting Ethics Violations.When becoming aware of a possible violation of the ICMA Code of Ethics, members Guideline are encouraged to report the matter to ICMA. In reporting Advice to Officials of Other Local Governments. When the matter, members may choose to go on record as the members advise and respond to inquiries from elected or complainant or report the matter on a confidential basis. appointed officials of other local governments, they should inform the administrators of those communities. Confidentiality. Members should not discuss or divulge information with anyone about pending or completed ethics 3. Be dedicated to the highest ideals of honor and integrity cases, except as specifically authorized by the Rules of in all public and personal relationships in order that the Procedure for Enforcement of the Code of Ethics. member may merit the respect and confidence of the elected officials,of other officials and employees,and of Seeking Employment. Members should not seek the public. employment for a position having an incumbent administrator who has not resigned or been officially Guidelines informed that his or her services are to be terminated. Public Confidence. Members should conduct themselves so as to maintain public confidence in their profession,their 4. Recognize that the chief function of local government at local government, and in their performance of the public all times is to serve the best interests of all of the people. trust. Guideline Impression of Influence. Members should conduct their Length of Service. A minimum of two years generally is official and personal affairs in such a manner as to give the considered necessary in order to render a professional clear impression that they cannot be improperly influenced service to the local government A short tenure should be in the performance of their official duties. the exception rather than a recurring experience. However, under special circumstances, it may be in the best interests Appointment Commitment. Members who accept an of the local government and the member to separate in a appointment to a position should not fail to report for that shorter time. Examples of such circumstances would position. This does not preclude the possibility of a member include refusal of the appointing authority to honor considering several offers or seeking several positions at the commitments concerning conditions of employment, a vote same time,but once a bona fide offer of a position has been of no confidence in the member, or severe personal accepted, that commitment should be honored. Oral problems. It is the responsibility of an applicant for a acceptance of an employment offer is considered binding position to ascertain conditions of employment. unless the employer makes fundamental changes in terms of Inadequately determining terms of employment prior to employment. arrival does not justify premature termination. Credentials. An application for employment or for ICMA's Voluntary Credentialing Program should be 5. Submit policy proposals to elected officials; provide complete and accurate as to all pertinent details of them with facts and advice on matters of policy as a education, experience, and personal history. Members basis for making decisions and setting community goals; should recognize that both omissions and inaccuracies must and uphold and implement local government policies be avoided. adopted by elected officials. Copyright©2008 by the International City/County Management Association Guideline Presentation of Issues. Members may assist the governing Conflicting Roles. Members who serve multiple roles-- body in presenting issues involved in referenda such as working as both city attorney and city manager for the same bond issues,annexations,and similar matters. community, for example--should avoid participating in matters that create the appearance of a conflict of interest. 8. Make it a duty continually to improve the member's They should disclose the potential conflict to the governing professional ability and to develop the competence of body so that other opinions may be solicited. associates in the use of management techniques. 6. Recognize that elected representatives of the people are Guidelines entitled to the credit for the establishment of local Self-Assessment. Each member should assess his or her government policies; responsibility for policy execution professional skills and abilities on a periodic basis. rests with the members. Professional Development. Each member should commit 7. Refrain from all political activities which undermine at least 40 hours per year to professional development public confidence in professional administrators. Refrain activities that are based on the practices identified by the from participation in the election of the members of the members of ICMA. employing legislative body. 9. Keep the community informed on local government Guidelines affairs; encourage communication between the citizens Elections of the Governing Body. Members should and all local government officers; emphasize friendly maintain a reputation for serving equally and impartially all and courteous service to the public;and seek to improve members of the governing body of the local government the quality and image of public service. they serve,regardless of party. To this end,they should not engage in active participation in the election campaign on 10.Resist any encroachment on professional behalf of or in opposition to candidates for the governing responsibilities, believing the member should be free to body. carry out official policies without interference, and handle each problem without discrimination on the basis Elections of Elected Executives. Members should not of principle and justice. engage in the election campaign of any candidate for mayor or elected county executive. Guideline Information Sharing. The member should openly share Running for Office. Members shall not run for elected information with the governing body while diligently office or become involved in political activities related to carrying out the member's responsibilities as set forth in the running for elected office. They shall not seek political charter or enabling legislation. endorsements, financial contributions or engage in other campaign activities. 11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member's Elections. Members share with their fellow citizens the decisions,pertaining to appointments,pay adjustments, right and responsibility to vote and to voice their opinion promotions,and discipline. on public issues. However, in order not to impair their effectiveness on behalf of the local governments they Guideline serve, they shall not participate in political activities to Equal Opportunity. All decisions pertaining to support the candidacy of individuals running for any city, appointments,pay adjustments,promotions,and discipline county, special district, school, state or federal offices. should prohibit discrimination because of race,color, Specifically, they shall not endorse candidates, make religion,sex,national origin,sexual orientation,political financial contributions, sign or circulate petitions, or affiliation,disability,age,or marital status. participate in fund-raising activities for individuals seeking or holding elected office. It should be the members'personal and professional responsibility to actively recruit and hire a diverse staff Elections in the Council-Manager Plan. Members may throughout their organizations. assist in preparing and presenting materials that explain the council-manager form of government to the public prior to 12. Seek no favor;believe that personal aggrandizement or an election on the use of the plan. If assistance is required profit secured by confidential information or by misuse by another community, members may respond. All of public time is dishonest activities regarding ballot issues should be conducted within local regulations and in a professional manner. Guidelines Gifts. Members should not directly or indirectly solicit any gift or accept or receive any gift--whether it be money, services,loan,travel,entertainment,hospitality,promise,or Copyright©2008 by the International City/County Management Association any other form--under the following circumstances: (1) it notification of the appointing authority is appropriate in all could be reasonably inferred or expected that the gift was cases of outside employment. intended to influence them in the performance of their official duties; or (2) the gift was intended to serve as a Representation.Members should not represent any outside reward for any official action on their part. interest before any agency,whether public or private,except with the authorization of or at the direction of the appointing It is important that the prohibition of unsolicited gifts be authority they serve. limited to circumstances related to improper influence. In de minimus situations, such as meal checks, some modest Endorsements. Members should not endorse commercial maximum dollar value should be determined by the member products or services by agreeing to use their photograph, as a guideline. The guideline is not intended to isolate endorsement, or quotation in paid or other commercial members from normal social practices where gifts among advertisements,whether or not for compensation. Members friends, associates, and relatives are appropriate for certain may, however, agree to endorse the following, provided occasions. they do not receive any compensation: (1)books or other publications; (2) professional development or educational Investments in Conflict with Official Duties. Member services provided by nonprofit membership organizations or should not invest or hold any investment, directly or recognized educational institutions; (3) products and/or indirectly, in any financial business, commercial, or other services in which the local government has a direct private transaction that creates a conflict with their official economic interest. duties. Members' observations, opinions, and analyses of In the case of real estate, the potential use of confidential commercial products used or tested by their local information and knowledge to further a member's personal governments are appropriate and useful to the profession interest requires special consideration. This guideline when included as part of professional articles and reports. recognizes that members' official actions and decisions can be influenced if there is a conflict with personal investments. Purchases and sales which might be interpreted as speculation for quick profit ought to be avoided(see the guideline on"Confidential Information"). Because personal investments may prejudice or may appear to influence official actions and decisions,members may,in concert with their governing body,provide for disclosure of such investments prior to accepting their position as local government administrator or prior to any official action by the governing body that may affect such investments. Personal Relationships. Member should disclose any personal relationship to the governing body in any instance where there could be the appearance of a conflict of interest. For example,if the manager's spouse works for a developer doing business with the local government, that fact should be disclosed. Confidential Information. Members should not disclose to others, or use to further their personal interest, confidential information acquired by them in the course of their official duties. Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties. Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest,or impair the proper discharge of their official duties. Prior Copyright©2008 by the International City/County Management Association 0) THE PRO-PLYMOUTH PLEDGE We realize that our office is not our own, but is a trust granted to us by the citizens of Plymouth. We believe that the public trust requires mutual trust among ourselves in order to succeed. The Plymouth City Council pledges to build and to maintain trust among ourselves and with the public by upholding these principles: 1. To be civil in interactions with fellow councilmembers, staff, and citizens in public by fully, openly, and respectfully debating the issues and the facts behind them. 2. To listen carefully and state accurately the positions of those with whom we disagree and refrain from describing the character or motives of fellow councilmembers, staff, or citizen in a negative or unfair manner. 3. To focus on the present and future needs of the City, using the past only if it can enlighten the present in a positive manner. 4. To exercise judicious restraint when making public pronouncements, whether written or oral, in ways that affirm and respect fellow city council members, staff, and the citizens, and to share such communications with fellow council members and staff in advance whenever possible. 5. To maintain ethical standards that honor the letter and spirit of all laws and policies relating to ethics, conflicts of interest, and disclosures. 6. To recognize that the people of Plymouth are partners with the City who must be informed and invited to fully participate in our decisions and actions. Adopted by the City Council on January 3, 1994. Reaffirmed by the City Council on January 3, 1995, January 9, 1996. Revised by the City Council on January 8, 1997 and on February 18, 1997. ISD 728 SCHOOL BOARD AGENDA I.CALL MEETING TO ORDER A.Pledge of Allegiance B.Protocol Reminders Board members are asked to follow the agreed upon protocol: 1.No sidebar discussions 2.No interruptions(including cell phones 3.State your concern 4.Ensure that you understand 5.Don't take things personally 6.Adhere to time limits 7.Come prepared 8.Ensure all are heard C.Statement of Core Values D.Approval of Agenda