§ 18-3. Standards of conduct.

(a)

It shall be unlawful for any city official to:

(1)

Engage in any business or professional activity that conflicts with the discharge of official duties.

(2)

Invest or hold any investment or interest in any financial, business, commercial or other transaction that creates a conflict between the public trust held as an official of the city and the official's private interests.

(3)

Disclose confidential information concerning the property, operations, policies or affairs of the city, or use such confidential information to advance the personal interests, financial or otherwise, including the property interests, of said official or others, or accept employment or engage in business or professional activity that the official might reasonably expect would require or induce him to disclose confidential information acquired by reason of his official position.

(4)

Use the official's position or the city's facilities, equipment or supplies for the private gain or advantage of the official or others, or use or attempt to use the official's position to secure special advantage for the official or others.

(5)

Use or attempt to use any city employee(s) to perform acts or services for the private gain or advantage of the official or others unless the city employee(s) is acting during off-duty hours or is on a duly approved leave of absence.

(6)

Negotiate for or accept future employment with any person, firm, association or corporation that has a substantial interest in any proposed ordinance or decision upon which the official may or must act or make a recommendation subsequent to such negotiation or acceptance.

(7)

Appear before the body of which the official is a member while representing any private person, group or interest.

(8)

Use the official's position to harass or discriminate against any person based upon ethnicity, race, gender, sexual orientation, or religion.

(9)

Interfere with any criminal or administrative investigation alleging the violation of any provision of this Code, the City Charter, administrative policy or executive order in any manner, including but not limited to seeking to persuade or coerce city employees or others to withhold their cooperation in such investigation.

(10)

Solicit, accept, or agree to accept a benefit from a contractor during a contract award period or any time when the city official knows the contractor is interested in any contract of any value.

(b)

In addition to the provisions of subsection (a) of this section, it shall be unlawful for any elected city official to:

(1)

Use or attempt to use the official's position to exercise any administrative powers over any city department, as provided for in section 10, article VII of the City Charter.

(2)

Use or attempt to use the official's position to influence or attempt to influence a contractor or a recipient of grant money administered by the city to utilize the goods, labor, or services of any person for the private gain or advantage of the official or others; provided, this provision shall not be construed to prohibit an official, acting in the capacity of a citizen, from communicating with a contractor concerning matters not related to or affecting city business.

(c)

It shall be unlawful for any salaried city official to:

(1)

Represent any private person, group or interest before any agency of the city, except in matters of purely civic or public concern when the official is acting without compensation or remuneration.

(2)

Represent any private person, group or interest in any action or proceeding against the interests of the city, or in any litigation in which the city or any agency thereof is a party. However, this provision shall not prohibit representation by a group, firm or organization the city official is associated with if such city official does not participate in the action, proceeding or litigation in any manner and does not receive any benefit directly or indirectly from the action or proceeding.

(3)

Represent any private person, group or interest in any action or proceeding in the municipal courts of the city that was instituted by a city officer or employee in the course of official duties.

The provisions of this subsection shall not be construed to prohibit elected city officials and their staffs, while acting in the course and scope of their duties, from rendering assistance to constituents in lawfully obtaining city services, licenses, or permits or in transacting other routine matters of public business with city departments or agencies, provided that no preferential treatment or consideration is requested by the elected city official or his staff members on behalf of the constituents.

The provisions of this article shall be cumulative of any other applicable requirements imposed by this Code.

(Ord. No. 87-59, § 1, 1-14-87; Ord. No. 89-1683, § 1, 11-15-89; Ord. No. 2011-47, § 2, 1-12-2011; Ord. No. 2012-773, § 4, 8-29-2012)