A.
Public employment and public service are public trusts. It is the
policy of the City of Laconia to promote and balance the objective
of protecting government integrity and the objective of facilitating
the recruitment and retention of personnel needed by the city. Such
a policy is implemented by prescribing essential standards of ethical
conduct without creating unnecessary obstacles to entering public
service, either as an elected official, an employee or appointed member
of any City board, committee or commission.
B.
The Laconia City Council acknowledges that public confidence in and
respect for all public employees and officials is fostered and maintained
through the fair, impartial and equal treatment under the law for
each citizen and through the avoidance by public officials and employees
of real or perceived conflicts between their personal interests and
those of the public.
C.
Therefore, to achieve the purposes of this article, all City employees
and officials shall conduct themselves in accordance with the ethical
standards prescribed in this article.
As used in this article, the following terms shall have the
meanings indicated:
Any office, department, council, commission, committee, authority,
agency or board of the City of Laconia.
Any legal contractual, personal or proprietary information
that is available to an employee or an official only because of the
employee's or official's status with the City and is not a matter
of public record; and further, such information as is protected by
the New Hampshire Right to Know Law and/or other state or federal
right-to-privacy statutes.
Any person in the regular employ of the city, whether full-time
or part-time.
Any financial, monetary, economic, commercial or property
privilege, profit, gain or advantage retained or to be received by
any employee or official or any member of the employee's or official's
immediate family. The interest that all City taxpayers share in the
honest and prudent conduct of City business shall not, by itself,
be considered a "financial interest" for purposes of this article.
All persons residing in the same household with an official
or employee,and spouses or dependents of the official or employee,
whether or not they reside in the same household with the official
or employee.
Any person elected or appointed to service on any City body,
whether paid or unpaid. The City Manager and all department heads
are "officials" for purposes of this article.
An employee's or official's involvement through decisions,
approvals, disapprovals, recommendations, preparation of any part
of any purchase request or information or data for any public decision,
any specification or procurement standard, rendering official advice,
investigation, audit or any other decision or vote of any employee
or official on behalf of the city.
Any privilege, profit, gain or advantage, other than a financial
interest, retained or to be received by any employee or official or
any member of the employee's or official's immediate family. The interest
that all City taxpayers share in the honest and prudent conduct of
City business shall not, by itself, be considered a "personal interest"
for purposes of this article.
A decision to purchase goods or services on behalf of the
City or the decision to enter into a contract for any such purchase.
The term "procurement" shall include negotiations, the bid process
and any other discussions or processes that in the context will materially
affect wither the value of a purchase or contract for purchase or
the identity of the vendor.
No official or employee shall participate, in any procurement,
decision or action when the person knows that:
A.
The person or any member of the person's immediate family has a personal
or financial interest pertaining to the procurement, decision or action;
B.
A party whose financial interest will be affected by the procurement,
decision or action is a business in which the person or any member
of the person's immediate family has a present or prospective personal
or financial interest, including employment; or
C.
A party whose financial interest will be affected by the procurement,
decision or action is an organization in which the person or any member
of the person's immediate family is a member.
Upon discovery of an actual or perceived conflict of interest,
an official or employee shall immediately withdraw from all discussions
or participation in any procurement, decision or action that represents
the actual or perceived conflict. Employees, including department
heads, shall immediately notify the City Manager of the conflict.
Elected and appointed officials shall immediately give notice to the
chair of the appropriate City body describing the conflict.
No employee or official shall hold two positions or offices
if one position or office reviews or supervises the work of the other.
No employee or official shall represent any other person before
any City body on which the employee or official is sitting as a permanent
or alternate member.
No official or employee shall accept any gift, favor, contingent
fee or any other benefit or reward, whether in the form of money,
things, loans, promises, rights, travel, entertainment, hospitality
or property from any vendor, party or source while serving the City
of Laconia, if, in the circumstances, it is reasonable to infer or
conclude that the gift was intended to influence the performance of
an official duty or was intended to serve as a reward for any procurement,
decision or action on the recipient's part.
A.
This general rule shall not prohibit the acceptance of:
(1)
Any discounts provided to all City employees and/or officials and
authorized by the City Manager;
(2)
Unsolicited advertising or promotional materials of nominal intrinsic
value such as pens or calendars;
(3)
Unsolicited consumable items donated to an entire work group during
holidays and consumed on the premises; or
(4)
Election contributions or other gifts given to present or prospective
elected officials in accordance with applicable state and federal
election laws.
B.
It shall be a violation of this article to solicit or request election
contributions in return for a promise of continued or future public
employment, a procurement, the award of a City contract, appointment
to any City office or any other thing or expectation of personal or
economic value.
No public official or employee shall knowingly use any confidential
information regarding any other official or employee unless and until
the particular official or employee authorizes the release of such
information. No public official or employee shall knowingly use confidential
information, obtained in his or her capacity as an employee or official,
to promote or satisfy the personal or financial interest of any person.
No official or employee shall supervise, evaluate or vote to
appoint any person in his or her immediate family to any public position,
except for election officials who are paid no more than $1,000 per
annum.
A.
New Hampshire Statutes and the Laconia City Charter, Section 8:09,
state the penalties for violations of this article.
B.
Supplemental remedies may be warranted for violations of this article
and may include any one or more of the following:
C.
The City shall retain the right to recover the financial value of
anything received by any official or employee through violations of
the provisions of this article.
