Sec. 1. Prohibited Activities.
A. No person shall be appointed to, removed from or discriminated against
with respect to any city position because of race, color, religion, sex, age, disability
or national origin.
B. In regard to any test, certification or appointment, no person shall
willfully make any false statement, certificate, mark, rating or report, or in any manner
commit or attempt to commit any fraud preventing the impartial execution of the personnel
provisions, rules and regulations.
C. No person who seeks appointment or promotion to any city position or
administrative office shall directly or indirectly give, render or pay any money, service
or other valuable thing to any person for or in connection with their test, appointment,
promotion or proposed promotion. Nor shall any city officer or employee ask or receive
anything of value for aid or offer of aid in connection with any city appointment,
employment or promotion.
D. No person shall knowingly or willfully solicit or assist in soliciting
any assessment, subscription or contribution for any political party or political purpose
to be used in conjunction with any city election from any city employee.
E. No person who holds any compensated appointive city position shall
solicit or receive any contribution to the campaign funds of any candidate for municipal
office or take part in the management of a political campaign of any such candidate. This
section shall not be construed to limit a person's rights as a qualified elector.
(Approved by voters on 3-14-95; approved by Governor on 6-28-95)
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Sec. 2. Fraud and collusion.
Any member of the council or any officer or employee of the city who shall
aid or assist a bidder in securing a contract to furnish labor, materials, equipment,
supplies or services at a higher price than that proposed by any other bidder, or who
shall favor one (1) bidder over another by giving or withholding information, or who shall
willfully mislead any bidder in regard to the character of the labor, material, equipment,
supplies or services called for or the conditions under which the proposed work is to be
done, or who shall knowingly accept materials, supplies or equipment of a quality inferior
to those called for by any contract, or who shall knowingly certify to a greater amount of
labor or service performed than has been actually performed or to receipt of a greater
amount or different kind of material, supplies or equipment than has been actually
received, shall be guilty of a misdemeanor and, upon conviction thereof, shall be removed
from office.
(Approved by voters on 3-14-95; approved by Governor on 6-28-95)
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Sec.
3. Avoidance of fraudulent contracts.
If at any time it shall be found that the person to whom a contract has
been awarded has, in presenting any bid or bids, colluded with any other party or parties
for the purpose of preventing any other bid being made, then the contract so awarded shall
be null and void, and the city manager shall advertise for new bids for said city
improvements and/or supplies, materials, equipment and services required, or the council
may provide for such public work to be done by the city under the direction of the city
manager.
(Approved by voters on 3-14-95; approved by Governor on 6-28-95)
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Sec. 4. Personal interest.
A. Any member of the council, or any officer or employee of the city
who has, or whose relative has, a substantial interest in any contract, sale, purchase or
service to the city or a contractor supplying the city, shall make known that interest in
the official records of the city and shall refrain from voting upon or otherwise
participating in any manner as a member of the council, officer or employee in such
contract, sale or purchase.
B. Any member of the council, or any officer or employee of the city who
has, or whose relative has, a substantial interest in any decision of the council, or any
board or commission of the city of which he is a member or to which he makes
recommendations, shall make known such interest in the official records of such council,
board or commission and shall refrain from participating in any manner as a member of the
council or an officer or employee in such decision.
C. No member of the council or any officer or employee of the city
shall sell or supply to the city any equipment, material, supplies or services, unless
pursuant to an award or contract let after public competitive bidding.
D. As used in this section, the following definitions shall apply:
Relative means the spouse, children, siblings, and any relative of
such person by blood or marriage in the first degree, according to the rules of civil law.
Substantial interest means the ownership of three (3) or more
percent of the shares of a corporation for profit, provided the total annual income from
dividends including the value of stock dividends, from the corporation equals five (5) or
more percent of the total annual income of such member of the council, officer or
employee, and any other payments made to him by the corporation which equals five (5) or
more percent of his total annual income.
(Approved by voters on 3-14-95; approved by Governor on 6-28-95)
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Sec. 5. Regulation of Lobbying.
The city council shall prescribe by ordinance rules and regulations to
govern the influencing of the passage or defeat of any official action of the council or
the communication of any member of the council or appointed public officer for the purpose
of influencing any official action by the city council.
(Approved by voters on 3-14-95; approved by Governor on 6-28-95)
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Sec. 6. Enforcement.
A. The city council shall direct the city manager and city attorney to
cooperate in providing programs on ethics and public service to inform elected and
appointive city positions about the ethics provisions in this charter, city codes and
regulations.
B. The city council shall prescribe by ordinance penalties for the willful
violation of the provisions of this article.
(Approved by voters on 3-14-95; approved by Governor on 6-28-95)
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