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Memo Resolution 93-112 -.-~. "_.~. , " - . .' ~ 1'\\;\;~\~;:\\~;ill!\;~\;,\;;l')l~~\~i~~~\~l"\\~:\::~~;1\\\"\\ To: Hopkins City Council From: Jim Genellie, City Clerk Date: October 13, 1993 Subject: Resolution #93-112 establishing Legislative Policy on Ethics and Gifts Staff recommends the following motion: Move that the Hopkins City Council approve Resolution #93-112. The City Council has already approved the attached policy on Ethics and Gifts. This policy should be part of the Legislative Policy Manual. Policies in the Legislative Policy Manual are established or amended by Council resolution. This is a purely formal action to place the already approved policy in the Manual as . policy #2-E. . ,. ,. . CITY OF ,HOPKINS Hennepin County, Minnesota . RESOLUTION NO. 93-112 WHEREAS, the City Council of the City of Hopkins has approved a document entitled the Legislative POlicy Manual to provide uniform guidelines on City policies so that actions taken are consistent and fair; and WHEREAS, additions and revisions to this manual may be implemented by resolution of the City COUhcil; and WHEREAS, the Hopkins City Council has determined that it is in the best interest of the City, its officials, and its employees that a policy be established on ethics; NOW THEREFORE BElT RESOLVED, that the City Council of the City of Hopkins hereby adopts the attached ethics and gifts policy as Legislative Policy #2-E. '. Adopted by the City Council of the City of Hopkins this 19th day of October, 1993. By Charles D. Redepenning, Mayor ATTEST: James A. Genellie, City Clerk . ,"-~ ," .' POLICY #2-E ., ETHICS AND GIFTS SECTION 1: DEDICATION TO VALUES OF HONESTY AND INTEGRITY 1.01 The City Council finds and declares that the proper operation of democratic government requires that public officials and, employees be honest, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the government structure; and that public office not be used for personal gain; so that the public will have confidence in the integrity and, the ability of its government. In recognition of these goals, this policy is established to guide all officials and employees of the City of Hopkins, whether elected or appointed, paid or unpaid, including members of boards, committees, commissions, and volunteers of the city. SECTION 2: DEFINITIONS 2.01 "Business" means any corporation, general or limited partnership, sole proprietorship (including a private consultant operation) joint venture, unincorporated association or firm, institution, trust, foundation, or other organization, whether or not organized for profit. 2.02 "Confidential Information" means all information, whether transmitted verbally or in writing, which. is of such a nature that it is not, at the time, a matter of public record or public . knowledge. 2.03 "Interest", except as otherwise specifically provided, means direct or indirect pecuniary or material benefit accruing to a public official or employee as the result of a contract, transaction, zoning decision, or other matter, which is or may be the subject of an official act or action by or with the City except for such contracts, transactions, zoning decisions, or other matters which by their terms and by the substance of their provisions confer, the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated. 2.04 "Official Act or Action" means any legislative, administrative, appointive or discretionary act of any official or employee of the City or any agency, board, committee or commission thereof. 2.05 "Public Official" means the Mayor, the City Council Members, and members of any board, committee, or commission thereof 2.06 "Public Employee" unless otherwise stated in this policy, means any person working for the City, either full or part time, who is paid through the City's payroll system. 2.07 "Volunteer" means any person holding a position by appointment or employment in the service of the City who is not paid through the City's payroll system. . " ,~ cr . SECTION 3: CONFLICT OF INTEREST 3.01 The Mayor and all members of the City Council who have an interest in any action or proposed legislative action of the City Council may wish to consult with the City attorney . about the legality of participating in the discussion and/or vote. 3.02 Any other official, employee, or volunteer who has an interest in any action or proposed legislative action of the City Council and who participates. in the discussion with or gives an official opinion or recommendation to the City Council or supervisor, should not determine the relevancy of the interest, but shall disclose the interest to his or her supervisor before or during their initial involvement. The employee may be removed from the policy process if the supervisor determines the persons judgement and/or ability to perform his or her duties are no longer independent from his or her interests. 3.03 No public official or employee shall 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 interest of himself or herself or any other person. 3.04 No public official, employee, or volunteer shall engage in or accept private employment or render service, for private interests, when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties, unless otherwise permitted by law. --- 3.05 No public official, employee, or volunteer shall request or permit the unauthorized use of ~--- .' "'- - city-owned vehicles, equipment, materials or property for personal convenience or profit. 3.06 No public official, employee, or volunteer shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen. SECTION 4: GIFTS 4.01 PURPOSE. The City of Hopkins encourages gifts and donations to enhance the quality of life in the City and to improve the efficiency and effectiveness of city services, The purpose of this policy is to set up procedures for receipt of gifts and donations to the City of Hopkins. 4.02 GIFTS OF NOMINAL VALUE - POLICY. It is not conflict of interest for any public official, employee, or volunteer to receive a gift of gratuity that is an unsolicited item of nominal intrinsic value if it can not be reasonably expected to influence the public official, employees, or volunteers vote, official actions or judgment or can not reasonably be considered as an award for any official action or inaction. . Legislative Policy Manual ~~grl;!ii.t1J!0jiil:; ~;;+:t,::,:,'_:;.~~~,; ;;'c~~mtI1lg~U~m....~\f~dXlt',:i}J"~"L':'i,J;:;?::'--"\ ^--r-',!;" '. .', 4.03 GIFTS OF SUBSTANTIAL VALUE - POLICY AND PROCEDURES . (a) No public official, employee, or volunteer may use his 'or her public position or office to obtain financial gain or anything of substantial value for the private benefit of himself, or herself or his or her immediate family or an organization, other than the City, with which he or she is associated. This paragraph does not prohibit apublic official, employee, or volunteer from using the title or prestige of his or her office to obtain campaign contributions that are permitted and reported as required by state law. (b) All potential donors are urged to consult with the City Manager or his or her designee(s) before proceeding with plans to ensure maximum utilization of gifts and donations. (c) No public official, employee, or volunteer may solicit gifts or donations without first receiving permission from the City Manager. Departments may receive a single , authorization' to 'solicit funds for, the entire year for a' specific program or programs. Major changes in funding of these programs and new programs must receive specific authorization from the City Manager. This policy applies to all,departments. (d) All ,departments which rece\ve gifts or donations must report the receipt, of the gift to the City Council. (e) The City Council shall make the final determination on the acceptability of a gift or donation. . (f) All gifts and donations become' City property under the complete jurisdiction of the '4' . City Council. (g) Recognition shall, be given to the individuals or groups providing gifts and donations to the City, unless otherwise stipulated by the donor. (h) The gift or donation must meet City criteria in order to be accepted. 4.04 CRITERIA', (a) The gift or donation must have a purpose consistent with those ofthe City. (b) The gift or donation must be offered by a source acceptable to the City. (c) The gift or donation shall not result in ongoing costs which the City Council would be unwilling to fund when the 'gift or donation funds are exhausted, unless specific authorization to the contrary is given by the, City Council at the time the gift or, donation is accepted. (d) If such up front authorization is not given, sufficient gifts or donations to meet all anticipated staff and material costs need to be in hand before City commitment is made to personnelandlor materials. . (e) Theigift or donation shall not bring undesirable or hidden costs to the City. No gift or donation shall place restrictions on the City that are unacceptable to the City Council. Legislative Policy Manual d ,,,". ,-,' ., >',,,, ..}.' (f) The gift or donation shall not be inappropriate or harn1ful to the residents of the City. (g) The acceptance of a gift or donation shall not imply City endorsement of any product or servIce. . (h) The gift or donation shall not be in conflict with any provision of federal, state or municipal law. 4.05 GIFT LIST. The City Manager shall maintain a list of needed equipment or projects which are not currently being funded by the City. This "Gift List" shall be made available to groups or individuals who are interested in making gifts or donations to the City. SECTION 5: POLITICAL ACTIVITIES OF PUBLIC OFFICIALS AND EMPLOYEES 5.01 In the matter of elections held by the City of Hopkins, no employee or volunteer may use any official authority or influence for the purpose of interfering with or affecting the result of the election, nor may funds be solicited or contributions be received from other employees for political purposes, except by collective bargaining organizations. 5.02 Bumper stickers and posters may be displayed on private vehicles parked in employee parking areas, however, these materials may not be displayed on either City vehicles and property. Established 8/17/93 City of Hopkins ". ".;,> . .- Legislative Policy Manual .""C,",^,,,,- ;c.._....,.'"......