Model Code

This is the place to discuss how to deal with the situation where an official puts pressure, directly or indirectly, on subordinates to participate in political campaigns. This provision also deals with the problem of political activity at work or with city funds or facilities. Municipal officials and employees have the right to participate in political activities, but they also have an obligation to separate this from their municipal responsibilities. Some city administrations have based their power on pressuring subordinates into working for their re-election.

This is the place to discuss how best to deal with the problem of an official using confidential information for his or her own gain, or disclosing confidential information for others' gain. A principal issue is how to define "confidential information."

100(8).

This is the place to discuss how to prevent the conflicts that arise when a city official represents (or appears for) someone before the city or against the interests of the city. The difference between representation and appearance is explained in the comments below. Please comment on this division, and share your experiences and thoughts regarding this area of conflicts.

100(6).

This is the place to discuss another basic statement of conflict of interest, relating to how officials act toward city residents. Other codes use the language of "misuse of office." Please state your preferences and your experiences with both approaches.

100(5). Special Consideration

An official or employee* may not grant or receive, directly or indirectly, any special consideration, treatment, or advantage beyond what is generally available to city residents.

This is the place to discuss limitations on gifts to officials and employees, and their family members. Probably no other aspect of ethics codes has so many different solutions. Please share your thoughts about and experiences with various attempts at solving this basic problem, and suggest language that you feel works well.

100(4).

This is the place to discuss recusal, that is, withdrawal from participation when there appears to be a conflict of interest. Also see Transactional Disclosure, in the "Disclosure" section, where this issue will also be discussed.

100(3). Recusal

1. An official or employee* must refrain from acting on or discussing, formally or informally, a matter before the city, if acting on the matter, or failing to act on the matter, may personally* or financially benefit* any of the persons or entities listed in subsection 1 of this section.

This is the place to discuss the special situation of legislators who are employed by the city, or have members of their household who are employed by the city, and how to handle this conflict.

100(2). Legislators Employed by City

A member of the legislative body has a conflict of interest with respect to any labor contract to which he or she, or a member of his or her household*, may be a party, and with respect to an appropriation to any city department or agency through which he or she, or a member of his or her household, is employed.

This is the place to discuss what a conflict of interest is, and how close or what type of a relationship an official or employee must have with an individual or entity that has an interest, for that interest to be seen as conflicting with that official or employee's obligations to the public interest. This is also the place to discuss certain conflict provisions missing from this code (such as outside employment), which are discussed in the comments to this subsection.

100(1).

In detailing aspirational ethics -- that is, ethical conduct that will not be enforced by the Ethics Commission -- this Model Code goes a step beyond a declaration of policy and purpose. It includes the full text of the American Society for Public Administration's aspirational ethics code.

This is the place to discuss disclosure of possible conflicts of interest at the point where they arise, that is, where an official or employee's continuing participation in a matter becomes a matter of concern because of a conflict between his or her government role and his or her other roles, business, professional, or personal. Withdrawal (recusal) is the central act in a conflict of interest situation.