[Ord. No. 837 §1, 7-22-1992; CC 2000 §1-214]
A.
Declaration Of Policy. There is hereby established a Code
of Ethics for all City public officials and employees, whether paid
in whole or in part by the City or unpaid. The purpose of this Code
is to establish ethical standards of conduct for all City public officials
and employees by setting forth those acts or actions that are incompatible
with the best interest of the City. The provisions and purpose of
this Code and such rules and regulations as may be established by
the Governing Body of the City are hereafter declared to be in the
best interest of the City.
B.
Responsibilities Of Public Office. All public employees
and officials hold employment and their offices for the benefit of
the public. They are bound to uphold the Constitution of the United
States and the Constitution of the State of Kansas and to carry out
impartially the laws of the nation and State, as well as the City,
and thus to foster respect for all government. They are bound to discharge
faithfully the duties of their employment, regardless of personal
considerations, recognizing that the public interest must be their
primary concern.
C.
Local Governmental Officer Or Employee Defined. "Local governmental employee" means any employee of any
governmental subdivision or any of its agencies. "Local governmental
officer" means any elected or appointed officer of any governmental
subdivision or any of its agencies.
D.
Substantial Interest Defined. "Substantial interest" means any of the following:
1.
If an individual or an individual's spouse, either individually or
collectively, has owned within the preceding twelve (12) months a
legal or equitable interest exceeding five thousand dollars ($5,000.00)
or five percent (5%) of any business, whichever is less, the individual
has a substantial interest in that business.
2.
If an individual or an individual's spouse, either individually or
collectively, has received during the preceding calendar year compensation
which is or will be required to be included as taxable income on Federal
income tax returns of the individual and spouse in an aggregate amount
of two thousand dollars ($2,000.00) from any business or combination
of businesses, the individual has a substantial interest in that business
or combination of businesses.
3.
If an individual or an individual's spouse, either individually or
collectively, has received in the preceding twelve (12) months, without
reasonable and valuable consideration, goods or services having an
aggregate value of five hundred dollars ($500.00) or more from a business
or combination of businesses, the individual has a substantial interest
in that business or combination of businesses.
4.
If an individual or an individual's spouse, holds the position of
officer, director, associate, partner or proprietor of any business,
other than an origination exempt from Federal taxation of corporations
under Section 501(c)(3), (4), (6), (7), (8), (10) or (19) of Chapter
26 of the United States Code, the individual has a substantial interest
in that business, irrespective of the amount of compensation received
by the individual.
5.
If an individual or an individual's spouse, receives compensation
which is a portion or percentage of each separate fee or commission
paid to a business or combination of businesses, the individual has
a substantial interest in any client or customer who pays fees or
commissions to the business or combination of businesses from which
fees or commissions the individual or individual's spouse, either
individually or collectively, received an aggregate of two thousand
dollars ($2,000.00) or more in the preceding calendar year.
E.
Participation In City Contracts.
1.
No local governmental officer or employee shall, in the capacity
of such an officer or employee, make or participate in the making
of a contract with any person or business by which the officer or
employee is employed or in whose business the officer or employee
has a substantial interest.
2.
No person or business shall enter into any contract where any City
public official or employee, acting in that capacity, is a signatory
to or a participant in the making of the contract and is employed
by or has a substantial interest in the person or business.
3.
A City public official or employee does not make or participate in
the making of a contract if the public official or employee abstains
from any action in regard to the contract.
F.
Participation In Other Matters.
1.
Any City public official or employee who has not filed a disclosure
of substantial interests shall, before acting upon any matter which
will affect any business in which the public official or employee
has a substantial interest, file a written report of the nature of
the interest with the Johnson County Election Commissioner.
2.
A City public official or employee does not pass or act upon any
matter if the public official or employee abstains from any action
in regard to the matter.
G.
Disclosure Of Tax Exempt Corporations. If an individual or an individual's spouse holds the position of officer, director, associate, partner or proprietor in an organization exempt from Federal taxation of corporations under Section 501(c)(3), (4), (6), (7), (8), (10) or (19) of Chapter 26 of the United States code, the individual shall comply with all disclosure provisions of Subsections (a), (b), (c) and (d) of Section 75-4302a notwithstanding the provisions of K.S.A. 75-4301, and amendments thereto, which provide that these individuals may not have a substantial interest in these corporations.
H.
Restriction On Former Public Officials Or Employees In Matters Connected
With Their Former Duties.
1.
It shall be a breach of ethical standards for any former public official
or employee knowingly to act as a principal or as an agent for anyone
other than the City in connection with any:
a.
Judicial or other proceeding, application request for a ruling or
other determination;
b.
Contract;
c.
Claim; or
d.
Charge or controversy, in which the public official or employee participated
personally and substantially through decision, approval, disapproval,
recommendation, rendering of advice, investigation or otherwise while
employed by the City and where the City is a party or has a direct
and substantial interest.
2.
It shall be a breach of ethical standards for any former public official
or employee, within one (1) year after cessation of the former public
official's or employee's official responsibility, knowingly to act
as a principal or as an agent for anyone other than the City in connection
with any:
a.
Judicial or other proceeding, application request for a ruling, or
other determination;
b.
Contract;
c.
Claim; or
d.
Charge or controversy, which arose during the term or employment
of the former public official or employee and which were within the
official responsibility of the former public official or employee;
provided that the City is a party or has a direct or substantial interest
in the matter.
I.
Restriction On Former Public Officials Or Employees In Selling To
The City.
1.
It shall be a breach of ethical standards for any former public official
or employee to engage in selling or attempting to sell supplies, services
or construction to the City for one (1) year following the date term
or employment ceased.
2.
The term "sell", as used herein, means signing a
bid, proposal or contract; negotiating a contract; contacting any
public official or employee for the purpose of obtaining, negotiating
or discussing changes in specifications, price, cost allowances or
the terms of a contract; settling disputes concerning performance
of a contract; or any other liaison activity with a view toward the
ultimate consummation of a sale although the actual contract therefor
is subsequently negotiated by another person; provided however, that
this Section is not intended to preclude a former public official
or employee from accepting employment with private industry solely
because the former public official's or employee's employer is a contractor
with this City, nor shall a former public official or employee be
precluded from serving as a consultant to this City.
3.
This Section shall not apply if the former public official or employee,
before he/she engages in or attempts to sell, makes a full disclosure
to the Governing Body of the former public official's date of service
and position with the City or employee's date of employment and position
with the City and the Governing Body determines that it is in the
best interest of the City to permit the former public official or
employee to sell or attempt to sell such supplies, services or construction.
J.
Sanctions.
1.
Public official violations. In the event a public
official shall violate the provisions of this Article, such persons
are subject to removal and submission to the Attorney General of Kansas
or Johnson County District Attorney of a request of review, investigation
and appropriate action pursuant to State law.
2.
Employee violations. Employee violations shall be an administration matter. For violations of the provisions of Subsection (E) of this Section, the employee shall be terminated. Violations of any provisions of this Section, except Subsection (E), may constitute a cause of suspension, termination or other disciplinary action. Violations of any provision of this Section may constitute cause to cancel any contract, cease negotiations on any contract, and rescind or modify any previous action based upon any such violation.
