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Home My WebLink About0874 Ord (City Charter) ORDINANCE NO. 874 AN ORDINANCE MENDING THE STILLWATER CITY CODE BY ENACTING ~21-14, A SECTION I PLEMENTING THE CONFLICT OF INTEREST AND FINANCIAL DISCLO URE PROVISIONS OF THE STILLWATER CITY CHARTER. THE CITY COUN IL OF THE CITY OF STILLWATER DOES ORDAIN: Section 21-14. Subd. 1. os . The proper operation of democratic government requires that public officials be ndependent, impartial and responsible to the people; that governmental decisions an policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of' s government. In recognition of these goals, there is hereby established a Code of Eth. s for all public officials whether elected or appointed. The purpose of the Code of Ethi s section is to direct disclosure of City officials of private interests in matters affecting the City and to establish ethical standards of conduct for all such officials be setting forth those types of activities that are incompatible with the best interests of the City. Subd. 2. (1) "Confli t of interest" means any intentional treatment by an official of a matter in which the of Icial has an interest, clearly separate from that of the general public. (2) "Doing usiness" means engaged in any contractual relationship with the City of Stillwater, 0 making application for a relationship or for any relief or benefit available from the Ci . (3) "Interest" means having a private financial interest separate from that of the general public. (4) "Matter" eans any contract, permit license, zoning decision, payment or benefit. (5) "Official' means any person who has been elected, appointed or hired to a position having super isory and decision-making authority in the City of Stillwater including, but not limited t , any of the following: (a) M mber of a City board or commission; (b) hider of a City elective office; (c) th department head of each City department; (d) th City Coordinator or Administrator; (e) th City Attorney and all members of their firm; (f) an other person designated by the City Council from time to time. 1 Subd. 3. 'sclosur Re uire . Within thirty (30) days after April 30, 1999 and within thirty (30) d s after taking the oath of office and within thirty (30) days after any change in a stateme t previously filed, each official must file on forms approved by the City Council and btained from the City Clerk: (1) ith respect to real property, not including the official's homestead, located in the C ty of Stillwater: (a) The location of any property in which the official has or has had an interest within the previous three (3) years. (b) the location of property in which the official knows his or her spouse or minor child to have a present interest or an interest within the previous three (3) years; (c) the name of the person possessing each interest referred to in paragraphs (a) and (b) above; (d) the nature of each interest referred to in paragraphs (a) and (b) above. (2) ith respect to any non-ownership business relationship the official has with any c mpany, partnership, firm, corporation, labor union, association or other entity doing business with the City of Stillwater: (a) The name of any entity; (b) the title of each position held in connection with each entity; (c) whether compensation is involved in connection with each position. (3) W th respect to any ownership interest constituting more than five percent (5 %) of the total ownership in any corporation, firm, partnership or other entity doing busin ss with the City of Stillwater, indicate: (a) The name of the entity. (b) The type of ownership interest. Subd. 4. Pro ibited onduct. No official may do any of the following: (1) se his or her position to secure any special privilege or exemption for thems If or any other; (2) no member of a City Board or Commission or elected official may act as agent or a rney for another in any matter before the governing body, board or co . ssion on which he or she is a member; (3) di ectly or indirectly solicit, accept or receive any compensation, gift reward or gra ity in any form in connection with any matter or proceeding connected with or rei ted to the duties of his or her office except as may be otherwise permitted by la ; 2 (4) e ter into any contract with the City of Stillwater unless otherwise authorized by la ; (5) e cept as otherwise authorized by law, knowingly enter into a discussion of or vote pon matter in which he or she may have an interest, or in any manner influ nce a vote or decision of any other official on the matter; (6) E cept as otherwise provided by law every office must disclose all material info tion pertaining to potential conflicts of interest as they arise and must recuse them elves from participating in any discussion or decision on the matter under consi eration; (7) u private or confidential data collected by the City of Stillwater to advance or bene t his or her own interests; Subd. 5. Do urn nts' information. The City Attorney must inspect all material filed with the City as p omptly as is necessary to insure comply with the provisions of this section. The City At orney must immediately notify the individual required to file a document if a written co plaint is filed with the City Attorney by any registered voter alleging, or it otherwise a pears, that a document filed is inaccurate or does not comply with the provisions 0 this section, or that the individual has failed to file a document required by this section. Subd. 6. Vio ations' em rcement. The City Attorney must investigate any violation which is alleged in a written complaint and must within thirty (30) days after the filing of the complaint m ke a public finding of whether or not there is probable cause to believe a violation occ rred. The deadline for action on any written complaint may be extended if necessary. ithin a reasonable time after beginning an investigation of an individual or association, e City Attorney will notify that individual or association of the fact of the investigation. The City Attorney may make no fmding of whether or not there is probable cause to beli ve a violation has occurred without notifying the individual or association of the nature of e allegations and affording an opportunity to answer those allegations. Any hearing or ac ion concerning any complaint or investigation other than a finding concerning probable cau e is confidential. Until the City Attorney makes a public finding concerning probable cau e: (a) N member, employee, or agent of the City Attorney may disclose to any indivi ual any information obtained by that member, employee, or agent conce ning any complaint or investigation except as required to carry out the invest' gation or take action in the matter as authorized by this chapter; and (b) a er the City Attorney makes a public finding of probable cause the City Attor ey must report that finding to the law enforcement authority other than the City ttorney who has agreed to act as special prosecutor for the purpose of this sectio ; and (c) u on the conviction of any person of a violation of this chapter the office empl ment or position held by that person becomes vacant; and 3 (d) u on the conviction of any person of a violation of this chapter the permit licen e or zoning decision promulgated or issued in which the convicted person parti ipated and benefited from becomes null and void. (a) T e City Attorney may issue and publish advisory opinions on the requirements of thi section based upon real or hypothetical situations. An application for an advis ry opinion may be made only by an individual or association who wishes to use t e opinion to guide the individual's or the association's own conduct. The City ttorney will issue written opinions on all questions submitted to him/her wi . thirty (30) days after receipt of written application, unless an individual or assoc ation agrees to extend the time limit. (b) written advisory opinion issued by the City Attorney in any subsequent proce ding concerning the person making or covered by the request and is a defe e in a judicial proceeding that involves the subject matter of the opinion and is bro ght against the person making or covered by the request unless: (1) The City Attorney has amended or revoked the opinion before the initiation of the board or judicial proceeding, has notified the person making or covered by the request of its action, and has allowed at least thirty (30) days for the person to do anything that might be necessary to comply with the amended or revoked opinion; (2) the request has omitted or misstated material facts; or (3) the person making or covered by the request has not acted in good faith in reliance on the opinion. (c) A request for an opinion and the opinion itself are nonpublic data. The City Attor ey; however may publish an opinion or a summary of an opinion, but may not i clude in the publication the name of the requester, the name of a person cover d by a request from an agency or political subdivision, or any other infor ation that might identify the requester unless the person consents to the inclus' on. Subd. 8. A iolation of this chapter is a Gross Misdemeanor punishable by a fine of up to three thou and dollars ($3,000.00) or up to one (1) year in jail. Subd. 9. T is ordinance will be in full force and effect from and after is passage and publication a cording to law. 4 .ck Adopted by the City Council of the City of Stillwater this ~ day of ,1999. ATTEST: %).~ W~ / Morli eldon, Clerk Published Stillwater Gazette 4/21/99 5 AFFIDAVIT OF PUBLICATION -. ~til \uater ~bening ~a?ette L PO Box 58, 1 2 S 2nd St, Stillwater, MN 55082; Phone 612/439/3130; FAX 612/439/4713 County of Washington Mike Mahoney, being duly sworn, on 0 th says that he is the Publisher or authorized agent and employee of the publisher of the newspaper known as Stillwater Evening Gazette, and has full knowled of the facts which are stated. A. The newspaper has complied with all of the requirements constiluting qualilication as a qualified newspaper, as provided by MI nesota Statute 331A.02, 331A.07 and other applicable laws, as amended. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is he Y acknowledged as being the size and kind of typed used in the composilion and publication of the notice. abcdefghijklmnopqrstuvwxyz day of Received Payment , 19 BUSINESS NAME Bill To: CITY OF STILL WATER 216 4TH. ST. N. STILLWATER, MN 55082 No. of Documents Col .# of D s Inches Publish d Descriptlon/Dates of Publication Total Amount 28.5 1 Days Pub. ORDINACNE NO. 874- AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ENACTING 21-14, A SECTION IMPLEMNTING THE CONFLICT OF INTEREST AND FINANCIAL DISCLOSURE PROVISIONS OF THE STILL WATER CITY CHARTER 4/21 Affidavit will be sent Upon Rec ipt of Check !! Maximum rate per column inch under Minnesota Law: $7.50 per 12-plca col mn. I ------____L_ State of Minnesota ) ) ss. ) .1~i (:.,;::,;.:,~;A ,-.:uThRY, n' '-c ')' ,..,'-,r,''''' <.' \~"~"":J lA" '""r\~I:,I>;(;~;Oi\' ::y....,P!-,~ 1,,','-e;.J"'., ~ ~ "<::;~::> ,,,,, c,"i"""~" '.' ''':. ,-, V. ,V\/VV,( ~ C VVV'V";./\hi....'VVV'.f>.,/v,' v......fV v'A' VV'N. ~ . 00006229 Jml# Date 5/3/99 Pages Ship To: CITY OF STILLWATER 216 4TH. ST. N. STILL WATER, MN 55082 Unit Rate $3.80 inch $108.30 $108,30 $0,00 $0.00 $108.30 $0.00 Total Amount $108,30 Evening Gazette, April 21, 1999 ORDINANCE NO. 874 AN ORDINANCE AMENDING' THE STILLWA- TER CITY CODE BY ENACTING S21-14, A SECTION IMPLEMENTING THE CONFUCT OF INTEREST AND RNANCIAL DISCLO- SURE PROVISIONS OF THE STILLWATER CITY CHARTER. THE CITY COUNCIL OF THE CITY OF STILL- WATER DQES ORDAIN: Section 21-14. Subd.1. ~ The proper operation of democratic goverl1lT1ent requires that public offi- cials be ind$peudeot, impartial and responsible to thepeppl.;that governmental decisions and policy be made in the proper channels of the govemn1entallltructure; that public office not be ' /.Ised, fpr personal gain; arid that the public have conrld~mce,inthe integrity of its governlllent. In recognition of these goals,' there is hereby established' a Code of Ethics for all public offi- 'cials whether elected or appointed. the pur- I pose of the Code of Ethics section is to direct , disclosure, of City officials of private interests in matter-affecting the City and to establish ethical standards of conduct for all such officials by setting forth those types of lIPtivities that are incompatible with the,best interests af the City. SlIbd. 2. Definitions. (1) "Conflict of interest" means any intentional treatment by an official of a matter in which the official has an interest, clearly separate from that of the general public. (2) "Doing business" means engaged in any contractual relatianship with the City of StiHwater, or making application for a relatian- ship ar for any relief or benefit available from the City. (3) "Interesf means having a private financial interest separate from that of the general pub- lic. (4) "Matter" means any contract,permit license, zoning decision, payment or benefit. (5) ''OfflCial'' means any person who. has been elected, appointed or hired to a position having su"ervisory and decision-making authority in the City of Stillwater including,but not limited to., .any of the following: ' (a) Member of a City board or commissian; (b) hofderof a City elective office; (c) the department head of each City depart- ment; (d) tne City Coardinator ar Administratar; (e) the City Attarney and all members of their firm; (f) any other persan designated by the City Council from time to time. Subd. 3. Disclosure Reauired Within, thirty (30) days after April 30, 1999 ana within thirty (30) days after isking the oath of office and Within thirty (30) days after any change in a statement previously filed, each official must file on forms approved by the City Council and obtained from the City Clerk: (1) With respect to real property, nat including the official's homestead; located in the City of Stillwater: (a) the location of any property in which the official has or has had an interest within the previous three (3) years. (b) the location of property in which the offi- cial knows his or her spauseor minar chiJdto have ,present inte~est or an interest within the previous thrEle (3) years; (c) ,the. name of the person Possessing each interest referred to in paragraphs (a) and (b) above; (d) the nature of each interest referred to. in paragraphs (a) and (b) above. (2) With respect to any non-ownership usi- ness relationship the official has with any com- pany, partnership, firm, corporation, labor union, · association or other entity doing busi- ness With the City of Stillwater: (a) the name of ahy entity; (b) the title ()f each position held in cannection with each entity; (c) whether compensation is involved in con- nection with each position. (3) With respect to any ownership interest con- stituting more than fivEl percent(5%) of the total ownership in any corporatian, firm, partnership or other entity doing business with the City of Stillwater, indicate: (a) ThEl name of the entity; (b) The type of awnership interest. Subd.4. Prohibited Conduct, No official may do. any of the fOllOWing: ' (1) Use his or her position to. secure any spe- cial privilege or exemptian for themself or any athElr; (2) no member af a Ciiy Baard or Commission or elected official may act as agent or attorney far another in any matter before the governing bOdy, board or commissian on which he or she is a member; (3) directly.or indirectly, solicit, accept or receive atiy compensatian, gift reward or gratu- ity in any farm in connection with any matter or proceeding cannected with or related, to the dutiEls af his or her office except as may be, ath- erwise permitted by law; (4)/ enter into. any contract with 'the City of Stillwater unless otherwise authorized by law; (5) , except as otherwise authorized by law, knowingly enter intOa discussian of or vote upon matter in which he or she may have an interest, or in any manner influence a vote or dElcision of any other official on the matter; (6) - Except as other wise provided by law every office must disc lase all material information per- taining to potential conflicts of interElst as thW arise and must recuse themse,lves frompartici- ,pating in any discussion decision on the matter under consideration; (7) use private or confidential data collected by the City of Stillwater to. advance ar benefit his or , her OWn interests; Subd. 5. Documents. information. The City Attorney must inspect all material filed with the City as promptly as is necessary to insure com- ply with the provisions of this section. The Cily Attorney must immediately notify the individ,ual required to file a document if a written complaint is filed with the Cily Attarney I:JY any registered voter. alleging, or it otherwiSEl appears, that a document filed is inaccurate or does not comply with the provisions of this section, or ,that the individual has failed to filEl a document required by this section. Subd. 6 Violations: enforcement The City Attorney must investigate any violation which is alleged in a written complaint and must within thirty (30) days after the filing of the complaint makEl a public finding of whether or not there is probable cause to believe a violation occurred. The deadline for action on any written com- plaint may be extended if necessary. Within a reasonable time after beginning, an investiga- tion of an individual or association, thEl CitY Attorney will notify that individual or association of the fact of the investigation. The CitY AttornW may make no finding af Whether or T\Ot ' there is probable cause to believe a violation has OCcurrEld without natifying the individual or associatian of the nature of the allegations and affording' an opportunity to answer thosEl alle- gations. Any hearing or. action concerning any complaint or investigation other than a finding ,cancerning probable ,,' cause is confidential. Until the City Attarney make a public finding concerning pro Ie cause: (a) No member, employee, or agent of the City Attorney may disclose to any indiVidUal any information obtained by that member, employee, or agElnt COncerning any complaint or irwestigation except as required to cerry outthe invElstigation or take action in the mat- ter as authorized by this chapter; and (b) ,after the City Attorney makes a public finding of probable cause the City Attorney must report that finding to the law enforce- ment authority other than the City Attorney who has agreed to act as special prosecutor for the purpose ,of this section; and (c) upon the canviction of any person ofaviQ-, lation of this chapter the office employment or position held by that person becomes vacant; .>and (d) upon convictionohny pel'sonotaviola- tion of this chapter the permit Iicense.orzon- ingdElCision promulgated. ()T issued in ,which the convicted personpartjcipated and benefit- ed from become null and void. Subd. 7. Advisotv ODlnions. (a) The City Attorney mayissue end publish advisory opinions pnthe requ~ments of this section based upon real,o~ ~thetical situa- tions. An application lor an advisory opinion may be made only by:,al1individual or as~a- tian who wishes to uSf the opinion to. gUide the Individual's or the association's own conduct. The City Attorney Will Issue written opinions on 1iI11 questions submitted to himlher within thirty (30) days after receipt of written application, /.Inlass an individual or association agrees to extend the time limit. (b) A wr" ' ,ly opinion Issued by the City Attorney in, , ,r./bSequent procEledingcon- ~erning the pIJI'~rymaking or covered by the r:equest and '~,*~ense in a judicial prOCeed- \t1gthat inv~thesubj$ct matter. of the opin- Ion and is brought against the person making ()T ~overed 'by, the requllst.unless: ,(1) The City Attornfilyhas amendlld or ?,evokedthe opinion before that initiation of :fhe bOard or judicial proceeding, has notified :the person making or covered by the request of .its action, and has allowed at IElast thirty ,(30) days fO{ the person to do anything that might be lllIcessary to, comply with the amandecl elf revoked opinion; ,(2) Ih$ reque~' has omittlld or misstated materialf~or , . (3) the~l:$On making or covered by the .request has not acted in good faith in reliance on thEl opinion. (c) A request for an opinion 'and .lI1eopinion illlelf arEl, Mnpublic data. The City Attorney however, may pUblish an opinion or a summary 0,1 an opinion, but may not include in the publi- ~tion the nam!,ofthe rElquester, the name of tile " pers~m. Covered by a request frOm an agency or political subdivision, or any other information ih8t might '. identify the requester urlless thEl per~11 c9~sents to the inclusion, St;Ibd. 8. AY-JOJationOfthis chapter is a Gross MisdemeshQr,punishable by ,a fine of up to three thOusand dollars ($3,000.00) or up to ane (1) year'in jaB. Subd. 9. This ordinance will be in fun force and effect from and. after its passage and publica- tion according to law. ' Adopted by the City~ouncil of the City of Stillwater this 6th day of April, 1999. Is/Jay L. Kimble Jay L. Kimble, Mayor ATTEST: Is/Morli Weldon MOrli Weldon, Clerk , 4/21