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93-008 ORD . . . ORDINANCE 93 - 8 CITY OF ELK RIVER AN ORDINANCE AMENDING SECTION 218.08(9) OF THE ELK RIVER CITY CODE OF ORDINANCES REGARDING THE CITY'S CONFLICT OF INTEREST POLICY The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 218.08(9) of the Elk River Code of Ordinances is amended to read as follows: 218.08(9) Conflict of Interest. a. Introduction. The credibility of 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 suggest 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 or employee's spouse, parents, children, siblings, 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) Having an interest in any business which has contacts or other direct dealing with the City; (2) Activities which require the official or employee to interpret City codes, ordinances, or regulations when such activity involves matters with which the official or employee has business and/or family ties; (3) 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; (4) Using an official's or employee's authority, influence, or City position for the purpose of private or personal financial gain; . (5) The use of city time, facilities, equipment, or supplies for the purpose of private or personal financial gain; (6) Receipt or acceptance of any compensation or other considerations from anyone other than the City for the performance of an act which the official or employee would be required or expected to perform in the regular course of his/her City employment, or as a part of his/her duties as an official or employee. Compensation does not include awards, plaques, or momentos recognizing the official's or employee's contribution in their area or to a charitable organization, honoraria, or other expenses in conjunction with a presentation or demonstration in the employee's field of expertise or scholarships/financial grants for schools; (7) Entering into a business transaction when it involves using confidential information gained in the course of emploYment or is with an individual or entity that has contacts or other direct dealings with the City; . (8) Accepting other employment or public office where it will affect the official's or employee's independence of judgement or require use of confidential information gained as a result of City duties; (9) Acting as an agent or representative for another in any matter pending before the City or Council, except in the proper discharge of duties. For example, an official or employee should not appear before City Council on behalf of a third party and seek to use their position or influence to sway the Council; (10) Conducting personal business while working regularly scheduled hours; (11) Accepting rebates or procuring any financial gain through the bidding process or employment of outside personnel; and (12) Acceptance of any gift (other than a campaign contribution) with a value of $100 or more from any individual, corporation, or other entity that is, or may become, a supplier of goods or services to the City. . 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/her 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. b. Officials. For the purposes of this Section 218.08(9), the term "official" shall include 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 Chapter II of the City Code of Ordinances. "Employee" shall include any individual employed by the City on a full or part-time basis. c. Elections. No elected official shall require, either directly or indirectly, any employees of the City to campaign on his/her behalf as a condition to employment. No employees shall use City time or resources in promoting or advocating the election of any individual. d. Applicability. Nothing in this policy is intended to violate, supersede, or conflict with any applicable state or federal law regarding conflicts of interest in public employment or disclosure requirements such as those set forth in Minn. Stat. Chapter lOA. Section 2. This ordinance shall be effective upon adoption and publication, according to law. Passed and adopted by the City Council of the City of Elk River, this 19thday of July, 1993. John or ATTEST: Clerk Affidavit of Publication STATEOFMINNESOTA ) )ss. COUNTY OF SHERBURNE) (l jv~ -;;LJnvr~ being duly sworn, on oath says that helshe is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge ofthe.facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. . n 3' ~d (B) The printed OJ J}./I;\...il/~ ~I IS ORD EGARD CITV'$'~ONFLICT OF IN'.l';E '."~-" POLICy..... The Oity Oouncil of the City of Fllk River doe!! hereby ordain as follows: Section 1.Section 218.08(9) of the }!llk River.Oqde of Ordinances is amended to rea ows: '. Confliet::f)f Interest ~ '. . . a. Introd~-;;tiol). The credibility~~r local government rests heavilyu pon the confidence which citizens have in public officials and employees to render f~ir and impartial services to all citizens without regard to personalinterest andl or political influence. ThU!!, City offi. ciaIs and employees must scrupulouslY avoid anY activjty wllichsuggest a con- flict of interest between their private interests and City responsibilitie$. Om- cials and employees of the City, or their fainily IIlembers, shall not engage or have fip/lllcial interest,i,n /lilY businesl! or other activity which could reasonably lead to. a conflict q(,jnterest with the official's or employee'~ priiriary City re- spqnsibilities. ~amily members" of ,p official or employee shall be deemed to be theotficiaI oreJD,ployee's !!j>Quse, par- ents, qhU4reil, siblings, brothers-m.l!;\w, and sisterS-tn-law and the lipeal de- scendants of any of them. Examples of activities which are not in accordance . with this poliey include, but are not limited to, the following: (1) Having an interest in any business . which has contacts or other direct deal- . ipg wi ..e City; (2 . which require the official or ~t.City codes, or, di iOI\!1when lj\uchac- ti .attel'l! with which the offici or emp oyee haS business andlor family ties; . . (3) CODl!ultipg activities carried. out within the City if such consulting in- vqlvel! talepts or!!~ls primarily related W tht;l official'!! Or eIllPlqyee's City work reljponsibilities; . . ( . an offici~'$ or eIllploYI:le'$ aut uen<;e, 0" City position for the private qr personal finan- cialg, .' (5) The use of city time, facilities, equip- ment, or supplies for the purpose of . private or personal financial gain; (6) Receipt or acceptance of any com- pensation or other considerations from anyone other than the City for the per~ formance of an !lct which the official or employee would be required or expected to perform ip thE! regular course of his! her <;lity eIllployment, Or as a part of his! her. duties as an official or t;lmplo)'ee. Compensation does not include awar<fs, plaques, or momentos ,recognizing the official's or employee'sl contribution in their area or to a chlll'i-table organiza- tion, honoraria, or' otl)er expenses in conjunction with- G pre ntation or dem- onstration in the t;l s field of ex- pertise or schOlars ants' for schouls""'" ... "M__ (7) Entl;\rlng into tio:QJ/tV__dt/ infqJm'(jiq;f mentEll1 that h 1. which is attached was cut from the columns of said newspaper, and was printed and published once each week, for ~. ~Uf; cessive weeks; it was first published on Wednesday, the c;<. I{ - day of ' 1~, and was thereafter printed ana pub ished on every Wednesday to and including Wednesday, the _day of ,19_; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice. BY: . TITLE: 2Z;~~3WXYX . . , ?~:t<'9/U Subscribed and sworn to before me on this , 19 (.) a . (;(~ day of Cff-' JL j . ) CJ--)~ 1 Notary Public V1/} , J (L,:V~,..~~t-/ RATE IN (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law fOl' the above matter (3) Rate actually charged for the above matter CINDY M. SCHIMINSKJ OKA COUNTY MISSION EXPIRES 6-1().99 $ It) 7.50 $ I 3{l?> 3 /31.1,3 $ injurious to the effeciive~ess ofth~ otn- cial or employee in carrymg out hislher duties and responsibilities. In such cases the official or employee shall immedi- ately terminate the conflicting activity . or be subject to termination of employ- ment or removal from office. b. Officials. For the purposes of this Section 218.08(9), theterm "official" shall include all elected and appointed offi- cialS of the City including, but not lim- ited to, the City Council, the Economic Development Authority, and themem- bers of the Boards and Comlnissions established by Chapter IT of the City Code of Ord~ances. "Employee" shall include any individual employed by the Cit a full or part-time basis. elected official shall yorindirectly, any to campaign on half as a condition to employ- men . employees shall use City t~e or resources in promoting or advocatmg the elecliOIlofany individu.al.. . d.Applicability.NotbiP-gm this policy is intended to viola rsede, or con- flict with any appli tat? orfeder~ law regarding co of mterest. m pub . ent or disclosure requIre- ment set forth in Minn. Stat. __l' emplo)'!!lent. or jt wiU Nf~ the o' ndePel!dElDce of judgement 0 u-e use of <;onfidential information gained Q. a result of City duties; (9) Acting as aI1- agent or represent!l- tive for anqther in any matter pending before the City or QouncU, except in the proper discharge of duties. Forexample, an official Or employee should not ap- pear before City Council on behalf of a third party and seek to use their posi- tion or influence to sway the Council; (10) Conducting personal business while working regularly scheduled hours; (11) Accepting rebates or procuring any fmancial gain through the bidding process or employment of outside per- sonnel; and (12) Acceptance of any gift (other than a campaign contribution) with avalue of $100 or more from any individual, cor- poration, or other entity that is, or may become, a supplier of goqds or services to the City. : Any official or employee engaging in any actjvity involving either ap actual or potential cQntlict of interest or having knowledge of such activity by apother official or employee shall protnptly re- , port the activit)'to the City Administra- tor, or jf such activity be by the City Administrator, to the Mayor. The <;lity Administrator or Mayor ahall investi- gate the lpatter and make a determina- tion as to whether or not an actual or potential conflict exists. If the City Ad- . ministrator or Mayor determines a con- flict exists, it sltall be presumed that the continuGtion of the pra~tice would be e a Passed dopted bY the City Coun- cilofthe City of Elk River,this 19th day . of July 1993. M ' John Dietz,,-- Vice ayor A'ITE '. Sandra Thackeray, City Clerk (Jy28)