HomeMy WebLinkAbout17050w w w iw w w
0
w w w w w wi w w
ORDINANCE NO. 17,050
0
AN ORDINANCE ESTABLISHING A CODE OF
ETHICS FOR THE CITY OFFICIALS OF THE
CITY OF LITTLE ROCK, ARKANSAS.
CITY OF LITTLE ROCK CODE OF ETHICS
583
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. DECLARATION OF POLICY. Our .government is a
representative democracy. Those who are elected or appointed to
serve others as representatives accept a public trust, which
they share with those whom they hire, appoint, or otherwise
enlist to help them serve the public. The public entrusts its
power and resources to its servants to be used only in the
public interest. Public trust requires public servants to-
faithfully and diligently fulfill their public responsibilities,
and to steadfastly subordinate to the public interest any
personal and private interests, whether their own or those of
others, which are contrary to the public interest.
It is the responsibility of each public servant to
cultivate public trust in the integrity of government. Public
trust in the integrity of government can be cultivated only.-when
public servants act with integrity. Therefore, it is the
responsibility of each public servant to act accordingly and to
contribute to a work environment which supports integrity in
others.
This ordinance should encourage members of the public to
seek public office or employment, to serve on public boards, to
assist public servants as volunteers and to take pride in
participating in the governmental process. It is designed to
clearly state principles of ethics which all citizens may easily
understand and apply in their individual circumstances while
serving as public servants.
1
584
1 SECTION 2. PURPOSES OF ORDINANCE.
2 A. To state principles of ethics which are to be applied in
3
public service;
4
B. To provide a process by which public servants may
5
identify and resolve ethical issues;
6
C. To promote public confidence in the integrity of public
7
servants; and
8
D. To establish penalties, when appropriate, for public
9
servants who violate the public trust.
10
SECTION 3. DEFINITIONS.
11
A. 'Business entity° means any corporation, general or
12
limited partnership, sole proprietorship (including a private
13
consultant business), joint venture, unincorporated association
14
or firm, institution, trust, foundation, or other organization,
15
whether or not organized for profit. Business entity does not
16 include local, state or federal agencies or political
17 subdivisions thereof, or officially 'recognized neighborhood
18 associations of the City of Little Rock.
19 B. Subject to the provisions of Section 7 of this
20 Ordinance, °Gift° means anything of economic value, regardless
21 of the form, without adequate and lawful consideration, but not
22 including: the solicitation, acceptance, receipt, or regulation
23 of political campaign contributions regulated in accordance with
24 provisions of federal, state, or local laws governing campaign
25 finances.
26 C. "'Interest" shall mean any material, direct or indirect
27 benefit accruing to a public servant or the public servant's
28 immediate family [relatives ?) whether in the public .servant's
29 own name or the name of any person, firm, corporation,
30 association or trust from which the public servant is entitled
31 to receive any financial benefit, as a result of a contract or
32 transaction which is or which will become the subject of any
33 official act or action by or with the City. Interest in a
34 corporation, firm or association, means a minimum ten percent
35 (l0 %) ownership of such firm, corporation or association by the
36 public servant or his or her relatives.
2
0
�I
585
1
D. 'Relative" means a person who is related to a public
2
servant as spouse or as any of the following, whether by
3
4 marriage, blood or adoption: parent, child, brother, sister,
5 aunt, uncle, niece, nephew, grandparent, grandchild,
6 father -in -law, mother -in -law, son -in -law, daughter -in -law,
7 stepfather, stepmother, stepson, stepdaughter, stepbrother,
8 stepsister, half- brother, half- sister, brother -in -law or
sister -in -law.
9
SECTION 4. WHO IS COVERED. This Code of Ethics shall be
10
11 applicable to members of the City Board of Directors, members of
12 all boards and commissions of the City of Little Rock, the City
13 Manager and the City Attorney. In addition, municipal government
14 involves administrative, legislative and quasi - judicial
procedures. Members of the City Board of Directors, as well as
15
City boards and commissions, are necessarily affected by the
16
advice and conduct of City staff, particularly the advice of
17
professional and executive employees. It shall be the policy of
18 the City of Little Rock that professional and executive
19 employees adhere to the letter and spirit of the principles set
20 forth in this ethics code. Professional and executive employees
21 shall include all department directors and their first level
22 assistants. Henceforth, all persons covered by this Code of
23 Ethics shall be called "public servants°.
24 SECTION 5. DISCLOSURE AND CONFLICT OF INTEREST.
25 A. Public servants covered by this Code of Ethics shall
26 disclose any matters which would, to their knowledge, have a
27 direct or indirect financial impact, as distinguished from the
28 public generally, on them or their relatives. Furthermore, if
29 any public servant has a direct interest or shall be a director,
30 officer or employee of or have an ownership in any business
31 entity with a direct interest in any contract or business
32 relationship with the City, the fact there is such an interest
33 shall be disclosed to the Board or Commission and shall be set
34 forth in the minutes of the Board, and the public servants
35
having such interest shall not participate or vote in any
36
proceedings relating to the authorization of such contract or
3
•
1 relationship.
2 B. Any public servant who believes that he or she has an
3 interest in any agenda item before the Board or a Commission
4 shall to the extent permitted by law or any relevant contractual
5 agreement, disclose the nature of such interest. The City Clerk,
6 or the Clerk's designees shall make a record of such disclosure
7 in the minutes of the Board or Commission. Such disclosure shall
8 be made no later than the first meeting of the voting body, at
9 which the agenda item concerned is to be taken up for
10 consideration, recommendation, discussion or vote at which the
11 public servant is present. This disclosure does not preclude the
12 public servant from asking points of inquiry as to whether there
13 is a conflict of interest which are made during the meeting.
14 C. To avoid even the appearance of impropriety, after the
15 public servant determines he or she has a conflict of interest
16 in respect to any agenda item and the public servant determines
17 he or she will abstain, once all conflict of interest questions
18 relating to the agenda item concerned have been determined, the
19 public servant shall immediately remove himself or herself from
20 the meeting room or to the area of the room occupied by the
21 general public. He or she shall not return to his or her regular
22 seat as a member of the body until deliberation and action on
23 the item is completed. Nothing herein shall require a public
24 servant to remove himself or herself for any item contained on a
25 °consent agenda" on which there is no deliberation, the
26 individual's conflict has been disclosed, and the public servant
27 has abstained from voting on the item.
28 D. Actions conducted in accordance with an ethics advisory
29 opinion described below are not conflicts of interest. Actions
30 which might otherwise constitute a conflict of interest shall be
31 deemed to comply with this ordinance if:
32 1. Before acting, the public servant requested and
33 received a written or verbal advisory ethics
34 opinion in accordance with the procedures
35 established in this ordinance; and
36 2. The material facts, as stated in the opinion
4
0
M M Mp M M M
L
M:
1 request, were true and complete; and
2 3. The actions taken by the public servant were
3 consistent with the ethics opinion.
4 E. Political Fundraising. This ordinance does not prohibit
5 an elected official properly soliciting contributions are
6 permitted and to be reported under federal and state laws.
7 However, use of the City of Little Rock logo and letterhead
8 stationery for purposes of political fundraising is prohibited.
9 SECTION 6. OPINIONS ON CONFLICTS OF INTERESTS.
10 A. The City Attorney shall issue a formal opinion as to
11 whether a person to which this Code of Ethics is applicable has
12 a conflict of interest with respect to a matter pending before
13 any City board on which that person sits and votes. This opinion
14 may be requested by the person voting or by any other person
15 concerned about a potential conflict. The request for an
16 advisory opinion shall be made to the City Attorney in writing
17 and the opinion shall be issued within three (3) working days of
18 receipt of the request. The document requesting the opinion, and
19 the opinion itself, are subject to disclosure pursuant to the
20 provisions of the Arkansas Freedom of Information Act.
21 B. Any person to whom this Code of Ethics applies may also
22 request informal opinions from the City Attorney as to whether a
23 conflict of interest exists in a particular case. The City
24 Attorney shall provide advise to the person requesting this
25 information as soon as possible after the request. In addition,
26 the City Attorney shall note in writing the date of the request,
27 the person making it, the question or questions asked, and the
28 informal advice provided. A copy of this notation shall be
29 provided to the City Clerk and to other members of the involved
30 board or commission. Should the City Attorney receive such a
31 request, but the person chooses not to follow the advice given
32 the City Attorney's shall assure that the minutes or record of
33 the involved board or commission action contain a notation that
34 the City Attorney's advice was not followed. With respect to
35 board or commission meetings at which the City Attorney is not
36 present, the City Attorney's designee or other counsel appearing
M
1 at the meeting, shall transmit to the City Attorney a copy of
2 the minutes of the meetings which will reflect whether or not
3 the person to which this Code of Ethics is applicable followed
4 the advice of the City Attorney.
5 C. In addition to advance requests for an advisory opinion
6 from the City Attorney, a member of the Board of Directors, and
7 other individuals to whom this Code of Ethics applies, may
8 recuse from the consideration of any issue before the body on
9 which the individual serves if they believe they have a conflict
10 of interest. Under such circumstances, the individual shall
11 state for the record the fact that he or she is recusing from
12 the issue being considered and the reason for the recusal. The
13 City Clerk, or other individuals responsible for keeping the
14 minutes of the meeting, shall specifically note the statements
15 of the individual recusing and memorialize them in the minutes
16 so that there will be written record of the recusal.
17 D. Only the City Attorney appointed by the City Board of
18 Directors, is authorized to issue the opinions set forth in this
19 section. Any board or commission that otherwise uses outside
20 counsel shall deal exclusively with the City Attorney on
21 questions of conflict, of interest. In the event the City
22 Attorney suffers a conflict of interest in issuing such an
23 opinion, and all senior members of his staff suffer the same
24 conflict, the City Board of Directors shall designate someone to
25 serve as a Special City Attorney for purposes of issuing the
26 opinion requested pursuant to this section.
27 SECTION 7. GIFTS. No public servant shall solicit or accept
28 any gift at the time of their service on any City board or
29 commission for themselves or any other person or organization,
30 from any individual, organization or enterprise involved in a
31 contract, zoning issue, or other transaction with the City which
32 could be influenced by the public servant. Gifts to the City or
33 for public purposes are specifically exempt from this provision.
34 Multiple gifts from the same person shall be considered
35 cumulative for each year beginning the 1st day of January, but
36 gifts shall not include:
R
M M
• • 5as
1 A. A non - monetary gift with an economic value of
2 less than one hundred dollars ($100); or
3 B. A non - monetary award publicly presented in
4 recognition of public service; or
5 C. Gifts from family members who would be defined as
6 relatives under this ordinance.
7 SECTION 8. ENFORCEMENT.
8 A. The City Board of Directors shall have the primary
9 responsibility for the enforcement of this Code of Ethics
10 through the City Attorney.
11 B. Any person who believes a violation of any part of this
12 Code of Ethics has occurred may file a complaint with the City
13 Attorney.
14 C. The City Attorney shall make a report of all
15 substantiated violations by public servants of this Code of
16 Ethics to the Board of Directors.
17 D. The Board of Directors shall have primary investigative
18 authority of alleged code of ethics violations by any member of
19 the City Board, other City boards and commissions, the City
20 Manager and City Attorney. The responsibility for investigation
21 of other individuals to whom this Code of Ethics applies will be
22 with the City Manager's Office.
23 E. When the Board of Directors finds by majority vote, that
24 any member of the Board, a member of any other City board or
25 commission, the City Manager or City Attorney has violated any
26 provision of this Code of Ethics, the Board is authorized to do
27 any or all of the following:
28 1. Warn;
29 2. Issue letters of caution or reprimand;
30 3. Vote in accordance with any applicable statutory
31 procedure to remove the person from office for
32 misfeasance, nonfeasance, or malfeasance.
33 4. Cause a complaint to be prepared and filed with
34 the appropriate court of proper venue for removal
35 of a public servant from office for nonfeasance
36 in accordance with Ark. Code Ann. § 14 -42 -109.
7
o J 0
F. Discipline of other individuals to whom this Code of
Ethics applies will be handled by the City Manager's Office.
G. All documents under this enforcement provision shall be
subject to disclosure pursuant to the provisions of the Arkansas
Freedom of Information Act.
SECTION 9. RELATIONSHIP TO STATE LAW. This Code of Ethics
shall not supersede, nor is it intended to conflict with state
law, to include but not be limited to, the state election laws,
The Disclosure Act for Lobbyists and State and Local Officials
or any other state ethics legislation.
PASSED: December 5, 1995
ATTEST:
iFF ._�..
j....VA.
APPROVED:
JIM/ L..
.,