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94-020 ORD e ORDINANCE NO. 94 - ~ 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. e 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 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 membersll 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) Entering into any sale, lease or contract in violation of Minnesota Statutes, Section 471.87- 471.89; (2) Acceptance by a local official of any gift from an interested person in violation of Minnesota Statutes Section 471.895; (3) 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; (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; e e (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 (10) Accepting rebates or procuring any financial gain through the bidding process or employment of outside personnel. e 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. e 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 employee shall use City time or resources in promoting or advocating the election of any individual. e e e d. Applicabilitv. 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. 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 J..TI!L day of DECEMBER. , 1994. Attest: - erk PKB:JH6s Mfidavit of Publication -- Rive Se Elk' amen d 'as foll~ws; , . .' . . , 21B.nflict ()r i~teres~ . a. l~tr()~q~ti()n~ 'r~e creCiibilitY of lOeal gQvernmtmt rests heavilYupoll the co which citizen have ill public < 9tli. ll~ emplo~ee~ tor~nd~~ fair and nial SIll'VlCes'.to all Clttzens ,~ ' 9utregarqtOpersoii!t1inte~stand/ "pr Uencll. Thus, Ctty 0$- IjPA~ . emp oYEjes mu~t scrupu'ously ~lv a~tivitywhic~ suggests a con- met 0 mterest betweep their private inBlres~ and City responsibilities. Of- . ,., and employees ,of the City, or ily mempers, shall not engage o financial interest in . any busi- nes~ or other activity .Which could rea- sonably lead to a conflict of interest with .' the official'll or~mployee's primary City responsibilities. ,IIFami1yritem:he1'S~of an official or employee $hli.ll be deemed to beA,the offipial oremployee's'spouse, parents, children,sibli,.gs, brothers-in- law, and sisters-in-law and the lineal descendants of any of them. Examples of activities which are ~ot in accordance with this policy incht~e' but are not limited to the following; '. , 1. Entering into an~ sale, lease or contract in violatioll of~innesota $tat- utes; Section,471:87-471.89; ..., 2. Acceptallce by' a lol:al official of allY gift from an illtereste~ persoll in \'jola- tion of Minnesota Statutes Section 471.895; '..' .. . 3. Activities which rljquire the official or employee to interp~t City codes, or- dinances or regulations when such ac- tivity involves .matteri/ with which the official or employee ha$ business and/or family ties; , 4. Consulting activities carried out within the City if sudh cpnsultingin- volves talents or skills primarily re- lated to the offieial's ot employee's City wor~ responsibilities;. ' . , 5. :Using an officilil's,or employee's ,authority, in{1uence o~ City position for the Purpose 0fprivate or personal finan- cial gabl' ',-:, ' , ,!., , , " . 6. The~seofcitytim., facilities, equip- ment or supplies 'for tlI1e purpose ofpri- v'ate or personal financial gain; . 7; Entering into a ~siness tralisac- tionwhen it involves \Ising confidential information gained inlthe course of em- ployment; ," . ! " , 8. Accepting othe~ employmElnt or pub e where ~t will affect the offi employee', independence of ju require use of confidEmtial info ained as a result of City du'" : ,', " i' 9. hUe wor and 10. 'ng any ding ',p per- J,:'! ~'''ilny ilcti . or potentia conflict estor aving knQwledge tlf such a ,tivity,..hy-all6th,er" , official or employee $all promptlyre- portthe activity to the City Administra- tor of, if such activity be by the City \ Administrator, to thEl Mayor. The City Administrator or M~yor shall investi- ~l;lte the matter and $ake ~ determina- tion as to whether or not an actual or potential cQnflict exi~ts. If the City Ad- ministrator or Mayorideterminee a con- flict exiets,it shall be ~resumed that the continuation of the practice wOul4 be injurious to the effec~veness of the offi- cial or employee in ~rrying ow his/her duti~s and responsibilities. In ~~ cases the official or employee shall immedi- !itely terminate the 4!1nflicting activity or be subject to termlnation of ewploy- ment or removal from office. b. Officials. FQr'te purPose of this Section .:U8.08(9), .e term "official" sh~ include.all elec, d and appointed officials of the City lllcluding, but not limited to, th~ City I Council, the Eco- n oml'cDeVel!lpm'ent~ 'utho.n'ty,a ndthe ,members of. the Bo dsimd Commis- sions e!'lta!:lUshed b Ghapter II of the City Codllof Ordin,nces. ~EmpIQyee. shall include any individual employed by t}le City on l;l full-lor part-time basis. c. Elections. No e/,ected official shall require, either directly orindirectly, any em.ployees of the Gi~ to campaign on his/her behalf all a cqndition to eIllploy- went. No employee ~hall use City time or resources in prom~ting Qr advocating the election !If anY~i ' dividual. d. Applicabilit . Nothing in. this 'POll'cYl'llin,te ndedvt'olate,supersede or conflict with any applicable state or federal law regardi g conflicts ofinter- est in public emplo ent or disclosure requirements, .' .' , . Section 2. This ordinance shall be effective upon adoption and publication, accord~ng to law,' , .. Passed and adopt;ed bytheCityCoun- cll of the City ofElk.:j.Uver ,. this 19th day of December, 1994. . . Henry Ai. Dqitsman, Mayor ATTE8T~ STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) ~ V(IIA - , being duly sworn, on oath say 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 of the 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. (B) The printed o.~ 'flo. 9t/-2D which is attached was cut from the columns of said newspaper, and was printed and published once each week, for ( ~c- cessive weeks; it was first published on Wednesday, the O2<6-.!. day of fJ Q.,.eli/J/yl) )-f..., , Iff! if ,and was thereafter printed and published 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. a bc d efgh ij klm n 0 pqrstu vwxyz }::, if . BY: 10/V\. r+e~ TITLE: ~) Subscribed and sworn to before me on this ::( ~ day of ,t;JJ)-r~l) ,19~. ~ VVI. ~~ Notary Public CINDY M, SCHIMINSKI RATE (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter .~ A1\;C(/\ COUNTY 11SSION EXPIFIES 6-10-99 $ J"'O.OO $ 1~~\(P4 $ la4~lolf _...'-',-'.