Administrative Policy #3.08 - Code of Ethics
Purpose
To establish and communicate the City's code of ethics for all employees. This Policy is set forth to ensure compliance with the State's Public Ethics Law and to promote the City's philosophy concerning ethics. Codes of ethics are designed to prevent conflicts of interest, protect confidential information, encourage honesty and loyalty, ensure compliance with the law, and engender public trust.
Policy
It is the policy of the City to conduct its affairs with the highest standards of integrity. The best interests of the City must be the only consideration, and the outside interests of individual employees cannot be considered in relation to City operations or affairs.
Responsibilities
All City employees, agents, interns, and volunteers must adhere to the State's Code of Ethics law, ORS 244.040, which affects public officials.
a. A public official shall not use or attempt to use their official position to gain financially (other than salary, honoraria, or reimbursement of expenses) or to avoid financial detriment, for their self, a relative, or any other household member.
b. Public officials, candidates for office, relatives, or any household members of such shall not accept gifts with an aggregate value in excess of $50 during a calendar year from any person or organization who may have an administrative interest in any governmental agency the recipient may be associated with in an authoritative relationship.
c. A public official shall not solicit or receive, either directly or indirectly, and no person shall offer to give any public official any pledge or promise of future employment, based on any arrangement that the public official's action would influence.
d. A public official shall not use their position or information obtained because of such position for personal gain.
e. No person shall offer any gift(s) with an aggregate value in excess of $50 during a calendar year to any public official, candidate, relative, or household member of official or candidate if that person has a legislative or administrative interest in any government agency in which the public official or candidate, if elected, would exercise any authority.
f. A public official shall not represent a client for a fee before the governing body of a public body of which the person is a member.
All City officers, employees, volunteers, agents, or otherwise are obligated to adhere to the above requirements. Reported violations are investigated by the Oregon Government Standards and Practice Commission.
The City requires all employees and volunteers to adhere to the following additional City requirements and expectations:
a. Each employee has a duty to the City to be free from the influence of personal considerations when conducting City business with others. An employee must place ethical principles above private gain and act with the utmost integrity. Employees are expected to avoid any actions that would create even the appearance of a violation of the law or ethical standards.
b. No officer or employee of the City shall use his or her official position or office to obtain financial gain, other than official salary, for their self or for any member of their household or for any business with which they or a member of their household is associated.
c. An employee shall not receive personal benefit or discounts for the purchase of goods or services from vendor relationships the City has established through the City purchasing process.
d. Except in the manner generally available to the public at large, an employee may not use City equipment or facilities for personal use.
e. An employee shall not accept a position with a customer, supplier, or contractor without informing their supervisor of the offer and discussing the situation to determine if the employee has a potential conflict of interest.
f. While outside employment is not encouraged, it is recognized that some employees may wish to work second jobs. Such employment must not constitute a potential conflict of interest or other conflict with the employee's primary career with the City. An employee must notify their supervisor of any outside employment prior to commencing such employment and abide by any other outside compliance requirements specified in an applicable labor contract or City Administrative Policy.
g. Employees must avoid any associations or other relationships that would or could conflict with the employee's responsibility to make objective decisions in the City's best interest.
h. Each employee is expected to protect City information and avoid undue outside influence on their work-related decisions or activities.
i. No employee should benefit personally from any purchase of goods or services by the City nor derive personal gain from actions taken as a representative of the City.
j. No employee may accept vendor and door prizes won by an employee in attendance at a conference or meeting paid for by the City that exceeds the $50 threshold established under state law or where given for the use and benefit of the City.
k. Employees shall review with their supervisor any activities that might result in a conflict of interest.
l. Public employees are prohibited by State law from engaging in political activities while on the job, including but not limited to solicitation of anything of value; promoting or opposing the nomination or election of a candidate; and initiative, referendum, or ballot measures and recall signature gathering.
m. Employees shall maintain a high standard of conduct and disqualify themselves from exerting influence in any transaction where they find their own interests may conflict with the best interests of the City or where the employee may gain any financial benefit.
n. Employees shall report promptly to their supervisors any remuneration they receive from an individual or concern with which the City does business.
o. Employee loyalty shall remain at all times with the City.
p. These provisions apply whether or not there is any cost to the City for any gift, rebate, or benefit to the employee.
q. An employee having knowledge or concerns regarding alleged ethics violations by another employee or volunteer should notify their supervisor, manager, Department Director, Human Resources. Employees who provide such notification are protected from retaliation by co-workers, the City, or any representative thereof.
Violations of the Code of Ethics are subject to the disciplinary process. Discipline shall only be for just cause and will normally be progressive in nature, beginning with oral reprimand and proceeding to written reprimand, suspension, or demotion, and finally to discharge. Some alternative forms of discipline may occasionally be used as more appropriate to a circumstance than those listed above. If a violation is of a serious enough nature, an employee may be suspended and/or discharged without prior disciplinary warnings.
Guidelines
If any employee is faced with a situation in which there is an actual or potential conflict of interest involving an appointment to an office, they should follow these procedures:
a. The employee must notify in writing the person who appointed them to the office of the nature of the potential or actual conflict. If an employee other than a Department Director is involved, the notice should be sent to the direct supervisor and the Department Director. If the Department Director has a potential or actual conflict, they shall advise the City Manager. In the case of the City Manager or City Attorney, the City Council shall be notified if a potential conflict of interest exists.
b. The notice should request the appointing authority to dispose of the matter giving rise to the potential conflict. The supervisor should either designate another employee to dispose of the matter or inform the inquiring employee in writing how the matter giving rise to the conflict should be handled.
c. Once the notification has been completed, the official is free to act if so designated by the supervisor in writing.
If any employee or volunteer is faced with a situation in which there is an actual or potential conflict involving City requirements and expectations (Section 3.08.034), they should follow these procedures:
a. The employee must immediately notify in writing their direct supervisor and the Department Director of the situation in which there is an actual or potential conflict of interest.
b. The supervisor should inform the employee or volunteer in writing how the matter giving rise to the conflict should be handled.
Definitions
Code of ethics: guidelines for employee and volunteer activities and relationships both inside and outside the organization.
Ethical guidelines: a structure for communicating the City's values and expectations of employees and volunteers and for complying with State requirements.
Public official: defined according to Oregon Revised Statutes (ORS) 244.020(12) as "any person who is serving the State of Oregon or any of its political subdivisions or any other public body of the State as an officer, employee, agent, or otherwise and irrespective of whether the person is compensated for such services." It should be noted that persons who volunteer, are members of boards and commissions, or perform work as independent contractors for the City are required to comply with applicable laws.
Household member: any relative, dependent, or domestic partner who resides with the public official.
Administrative interest: an economic interest, distinct from that of the general public, in matters subject to the action of a person acting in the capacity of a public official.
Gift, rebate: something of economic value given without valuable consideration of equivalent value, includes frequent flyer miles or any type of bonus points for use of a personal credit card or any like offer.
Potential conflict of interest: any action, decision, or recommendation by a person acting in a capacity as a public official, the outcome of which could be to the private benefit or detriment of the person or the person's relative, household member, or a business with which the person or the person's relative is associated.
Relative: the spouse, domestic partner, and children of the public official; siblings, spouses of siblings, parents, parents of the spouse or the domestic partner of the public official; any individual for whom the public official provides benefits arising from that person's public employment or from whom the public official receives benefits arising from that individual's employment.
Review/Update
The Human Resources Director will update this Administrative Policy as needed and submit to City Manager for review and approval.
Last reviewed: 07-2019
