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Ordinance No. 0661 08-15-1977�;F�; � �'� ORDINANCE N0. 661 AN ORDINANCE ESTABLISHING CHAPTER 30, A CODE OF ETHICS FOR CITY OFFICIALS THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN: SECTION 30.01 POLICY Subdivision l. General Declaration of Policy. It is necessary that all persons acting in the public service not only maintain high standards of ethical conduct in their transaction of public business but that such standards be clearly defined and known to the public, as well as to the persons acting in public service. In recognition of this goal, there is hereby esta6lished a code of ethics for public officials, elected and appointed, and for top level city employees. The purpose of this code is to establish ethical standards of conduct for such officials and city employees by setting forth those acts or actions that are incompatible with the best interests of the city and by directing disclosure by such persons of private, financial, or other interests in matters affecting the city. Subdivision 2. Definition of Top Level City Employees. As used in this chapter, the term top level city employee shall include the city manager, the city attorney, department heads, and any other city employees designated by the city manager. Subdivision 3. Definition of Financial Interest. As used in this chapter, the term financial interest shall be deemed to include ownership of more than 10% of: The outstanding stock in a corporation, an interest in a partnership, proprietorship, or other business entity, or an interest in real property. Financial interest shall apply to real or personal properties owned by the person making the disclosure and b,y said �,erson's spouse. Subdivision 4. Definition of Personal Interest. As used in this chapter�, the term personal interest s al be deemed to apply whenever a person requir,ed to make a disclosure under this code of ethics shall be associated with a business as an employee, officer, director, trustee, partner, advisor or consultant. SECTION 30.10 SCOPE OF PERSONS COVERED The provisions of the code of ethics shall be applicable to all members of the city council and the following advisory bodies: Planning Commission, Community Development Commission, Appeals Commission, Parks and Recreation Commission, Environmental Qualit,y Commission, Human Resources Commission, Cable Television Commission, and Housing and Redevelopment Authority. SECTION 30.20 FAIR AND EQUAL TREATMENT Subdivision 1. Subject to the provisions of Subdivision 2 below, no person covered by this code of ethics shall participate in the discussion of, or vote on, any issue in which he or she has any financial interest. Subject to the provisions of Subdivision 2 below, no top level city employee shall recommend, advise, or in any manner influence the vote of the city council or any advisory body on any issue in which he or she has a financial interest. Subdivision 2. No person covered by this code of ethics shall take any official actio— n�espect to a matter in which he or she has a financial or personal interest, provided that participation in the decision-making process on his or her b�alf as a private citizen shall not be proscri6ed by this code of ethics, and provided further that he or she may participate in matters leading up to or preliminary to official action to the extent that he or she disclosed any such direct financial or personal interest as he or she may have in the same and to the extent that he or she has no discretion to make a final controlling judgment or vote on the same. Disclosure of any such financial or personal interest shall be made to the council, commission, board, or committee of which the person is a member or, in the case of a top level city employee, to the city manager, when the item appears on the agenda. Such disclosure shall be recorded in the minutes and shall become a matter of public record. � , �.., � „ X i. J ORDINANCE N0. 661 Page 2 Subdivision 3. No person covered by this code of ethics shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the city, nor shall he or she use such information to advance the financial or other private interests of any person. Subdivision 4. No person covered by this code of ethics shall directly or � indirectly solicit any gift or 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 6e reasonably inferred that the gift was intended to influence him or her or could reasonably be expected to inf]uence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part. The provisions of this subdivision shall not app7y to political gifts that , conform to the limitations prescribed by Minnesota Statutes for said gifts. � ' Subdivision 5. Except as specifically authorized by Section 471.88 of the Minnesota Statutes, no person covered by this code of ethics who is authorized to take part in any manner in making any sale, lease, or contract in his or her off9cial capacity shall have a direct financial interest in that sale, lease, or contract or personally benefit financially therefrom. SECTTON 30.30 PUBLIC DISCLOSURE BY CITY COUNCIL Subdivision l. Within 30 days after the effective date of this code of ethicsT , each member of the city council shall file, as a public record in the office of the city clerk, a signed statement disclosing the followinq: (1) A list of the names of all business corporations, partnerships, other business enterprises, or governmental agencies doing business with the City of Fridley or located within the City of Fridley: (a) with which he or she has a financial interest, or (b) with which he or she has a personal interest; (2) A list of the non-homestead real property located within the City of Fridley in which he or she currently has a financial interest; (3) R list of the non-homestead reai property located within the City of Fridley in which he or she had a financial interest within the preceding three years; (4) A list of the names, and nature of business, of all corporations, partnerships, or other business enterprises with which he or she has a financial interest and in which he or she knows one or more other persons covered by this code of ethics also having a financial interest in said eriterprise. This list shall indicate the name or names of such other person or persons having such interest in said enterprise. Subdivision 2. Each person who files as a candidate to become a member of the city council, or is filed as a candidate for city council on the effective date of this code of ethics, at the time of filing as a candidate or within 30 days of the effective date of this code of ethics, shall also file the disclosure statement required by this Section 30.30. Subdivision 3. Within 30 days after each anniversary date of an initial filing, each person required to make such a filing under this Section 30.30 shall file a new disclosure statement setting forth the information required hereby as of the time of the new statement. Subdivision 4. Material changes in financial interest or in positions held shall be disclosed by filing an amended disclosure statement within 30 days after such interest is obtained or such changed position occurs. SECTION 30.31 PUBLIC DISCLOSURE BY MEMBERS OF ADVISORY BODIES Subdivision 1. Within 30 days after the effective date of this code of ethics, each member of any commission or committee shall file, as a public record in the office of the city clerk, a signed statement disclosing the following: (1) A list of the names of all business corporations, partnerships, other business enterprises, or governmental agencies doinq business •, �� 4 ORDINANCE 661 Page 3 with the City of Fridley or located within the City of Fridley: (a) with which he or she has a financial interest, or (b) with which he or she has a personal interest; (2) A list of the non-homestead real property located within the City of Fridley in which he or she currently has a financial interest; Subdivision 2. Each person who is appointed or reappointed to an advisory � body which is included in this code of ethics shall file the disclosure statement within 30 days of such appointment. Subdivision 3. Material changes in financial interest or in positions held shall be disclosed by filing an amended disc]osure statement within 30 days after such interest is obtained or such changed position occurs. SECTION 30.32 PUBLIC DISCLOSURE BY TOP LEVEL CITY EMPLOYEES, EXCEPT 7HE CITY ATTORNEY Subdivision l. Within 30 days after the effective date of this code of ethics, and annually thereafter, the city manager, department heads, and other employees designated by the manager, except the city attorney, shall file as a public record in the office of the city clerk a signed statement disclosing the following information: (1) A list of the names of all business corporations, partnerships, other business enterprises, or governmental agencies doing business with the City of fridley or located within the City of Fridiey: (a) with which he or she has a financial interest, or (b) with which he or she has a personal interest; (2) A list of the non-homestead real property located within the City of Fridley in which he or she currently has a financial interest; (3) A list of the names, and nature of business, of all corporations, partnerships, or other business enterprises with which he or she has a financial interest and in which he or she knows one or more other persons covered by this code of ethics also having a financial interest in said enterprise. This list shall indicate the name or names of such other person or persons having such interest in said enterprise. Subdivision 2. Each newly-hired manager or department head, except the city attorney, shall within 30 days of the hiring date, and annually thereafter, file the disclosure statement required by this Section 30.32. Subdivision 3. Material changes in financial interest or in positions held shall be disclosed by filing an amended disclosure statement within 30 days after such interest is obtained or such changed position occurs. SECTION 30.33 PUBLIC DISCLOSURE BY CITV ATTORNEY: Subdivision 1. Within 30 days after the effective date of this code of et ics, and annually thereafter, the city attorney shall file as a public record in the office of the city clerk a signed statement disclosinq the following information: (1) A Itst of the names of all business corporations, governmental agencies, companies, firms or partnerships, or other business enterprises doing business with the City of Fridle,y, or located within the City of Fridley, in which he or she has any financial interest, except that clients of the city attorney's private law practice shall be excluded from the list, provided that noother business relationship except that of � attorney/client exists; (2) A list of the non-homestead real property located within the City of Fridley in which he or she currently has a financial interest. Subdivision 2. The city attorney, or members of his or her law firm, shall not appear before the city council, commission, or committee for the purnose of representing any client, except the City of Fridley or employees of the City of Fridley, when such latter representation is in connection with their official duties as city employees. L.},� : �.�.:� ORDINANCE 661 Page 4 Subdivision 3. Any person who is appointed or hired as city attorney shall, wit in 30 days of said appointment, and annually thereafter, file the disclosure statement required by this Section 30.33. Subdivision 4. Material changes in financial interest or in property holdings shal be disclosed by filing an amended disclosure statement within 30 days after such change occurs. SECTION 30.40 EXCLUSIONS This code of ethics shall not be construed to require the filing of any information relating to any person's connection with, or interest in, any professional society or any charitable, religious, social, fraternal, educational, recreational, public service, civic or political organization, o:r any similar organization not conducted as a business enterprise, nor shall disclosure be required hereby where prohibited by professional or business association ethics promulgated by any state agency. SECTION 30.50 METHOD OF FILING 7he city manager shal7 inform each person required by this code of ethics to file a disclosure statement of the time and place for filing. The city clerk shall prepare the necessary forms for the disclosure statements, The city manager shall make available to the city council, or individual council members, copies of all disclosure statements filed within 14 days after said filing. The city manager shall notify the city council whenever a person who is required by this chapter to file a disclosure fails to do so. SECTION 30.60 VIOLATIONS Any violation of the provisions of this chapter is a misdemeanor and is subject to ali penalties provided for such violations under the provisions of Chapter 901 of the Fridley City Code. The city shall reimburse reasonable defense costs providing thQ defendant is found "not guilty," PASSED AND A�OPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 15TH DAY OF AUGUST, 1977. �.1.�%�iYYL— � MAYOR - WILLIAPI J. NEE ATTEST; / �L_ � ��:..►..�I � • ' • :i'.dI1G'I��� First Reading: August 8, 1977 Second Reading: August 15, 1977 Publish:......: August 24, 1977 '.