HomeMy WebLinkAboutOrdinance 209 - Code of Conduct CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 209 CODE OF CONDUCT FOR CITY OFFICIALS ................................. 209-1
Section 209.01: PURPOSE......................................................................................... 209-1
Section 209.02: STANDARDS OF CONDUCT......................................................... 209-1
Section 209.03: COMPLAINT, HEARING................................................................ 209-2
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CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 209 CODE OF CONDUCT FOR CITY OFFICIALS
Section 209.01: PURPOSE: The City Council of the City of St. Joseph determines that a code of
conduct for its members, as well as the members of the various boards and commissions of the
City of St. Joseph, is essential for the public affairs of the City. By eliminating conflicts of
interest and providing standards for conduct in city matters, the City Council hopes to promote
the faith and confidence of the citizens of the City of St. Joseph in their government and to
encourage its citizens to serve on its council and commissions.
Section 209.02: STANDARDS OF CONDUCT.
Subd. 1: No member of the City Council or a City board or commission may knowingly:
a. Violate the open meeting law.
b. Participate in a matter that affects the persons' financial interest or those of a
business with which the person is associated, unless the effect on the person or
business is no greater than on other members of the same business classification,
profession, or occupation.
C. Use the person's public position to secure special privileges or exemptions for the
person or for others.
d. Use the persons' public position to solicit personal gifts or favors.
e. Use the persons' public position for personal gain.
f Except as specifically permitted pursuant to Minn. Stat. 471.895, accept or
receive any gift of substance, whether in the form of money, services, loan, travel,
entertainment, hospitality, promise, or any other form, under circumstances in
which it could be reasonably expected to influence the person, the person's
performance of official action, or be intended as a reward for the person's official
action.
g. Disclose to the public, or use for the person's or another person's personal gain,
information that was gained by reason of the person's public position if the
information was not public data or was discussed at a closed session of the City
Council.
h. Disclose information that was received, discussed, or decided in conference with
the City's legal counsel that is protected by the attorney-client privilege unless a
majority of the City Council has authorized the disclosure.
i. Represent private interests before the City Council or any City committee, board,
commission or agency.
Subd. 2: Except as prohibited by the provisions of Minn. Stat. Sec. 471.87, there is no
violation of subdivision lb. of this section for the matter that comes before the council,
board, or commission if the member of the council, board or commission publicly
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CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
discloses the circumstances that would violate these standards and refrains from
participating in the discussion and vote on the matter. Nothing herein shall be construed
to prohibit a contract the a member of the City Council under the circumstances described
under Minn. Stat. Sec. 471.88, if proper statutory procedures are followed.
Section 209.03: COMPLAINT, HEARING.
Any person may file a written complaint with the City Administrator alleging a violation of the
standards of conduct in Section 209.02 of this Code of Conduct. The complaint must contain
supporting facts for the allegation. The City Council may hold a hearing after receiving the
written complaint or upon the Council's own volition. A hearing must be held only if the City
Council determines (1) upon advice of the City Attorney, designee, or other attorney appointed
by the Council, that the factual allegations state a sufficient claim of a violation of these
standards or rise to the level of a legally-recognized conflict of interest, and (2)that the
complaint has been lodged in good faith and not for impermissible purposes such as delay. The
City Council's determination must be made within 30 days of the filing of the allegations with
the City Administrator. If the Council determines that there is an adequate justification for
holding a hearing, the hearing must be held within 30 days of the City Council's determination.
At the hearing, the person accused must have the opportunity to be heard. If after the hearing,
the Council finds that a violation of a standard has occurred or does exist, the Council may
censure the person, refer the matter for criminal prosecution, request an official not to participate
in a decision, or remove the appointed member of an advisory board or commission from office.
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