[HISTORY: Adopted by the Village Council
of the Village of New Haven 4-13-2021 by Ord. No. 380. Amendments noted where
applicable.]
This chapter shall be known and shall be cited as the "Village
of New Haven Ethics Ordinance."
This chapter establishes standards of ethical conduct for all
Village public officials and employees (as defined below). It proscribes
actions incompatible with the public interest. The intent of this
chapter is to be preventative.
New Haven residents and those conducting business in or with
the Village of New Haven are entitled to fair, ethical and accountable
government. Public officials and employees hold positions of public
trust, and their actions must remain above reproach, in furtherance
of maintaining public confidence in the integrity of the Village of
New Haven.
A.
Public officials are bound to uphold the Constitution of the United
States and the Constitution of the state and to carry out impartially
and comply with the laws of the United States, the State of Michigan,
and the Village. Public officials and employees must not exceed their
authority or breach the law or ask others to do so. Public officials
and employees are bound to observe in their official acts the highest
standards of ethical conduct and to discharge the duties of their
offices faithfully, regardless of personal consideration, recognizing
that their official conduct should be above reproach.
B.
Michigan's State Constitution's oath of office requires
all public officials to swear under oath to faithfully discharge the
duties of their office. This is a "fiduciary duty" owed to all members
of the public. Public officials must observe their fiduciary duties
to the Village and the public, including the duty of loyalty and the
duty of care. Effective Village governance requires adherence to the
ethical requirements provided by law and the faithful exercise of
each public official's duty. All public officials and employees
shall safeguard public confidence by being honest, fair and respectful
of all persons and property with whom/which they have contact, by
maintaining nonpartisanship in all official acts, and by avoiding
official conduct which may tend to undermine respect for public officials
and employees and for the Village as an institution.
As used in this chapter, the following terms shall have the
meanings ascribed to them:
A person appointed to a compensated or uncompensated position
in Village government that is not subject to a collective bargaining
agreement, who is not elected to or holding office, or holding an
office that is subject to an election, and whose appointment is subject
to the approval of the Board of Trustees.
The Village of New Haven Board of Trustees, comprised of
the President, the Clerk, the Treasurer and the Trustees.
Any agents, agency, contractors, vendors, or entities operated
for economic gain, whether professional, industrial, or commercial,
and whether established to produce or deal with a product or service,
including, but not limited to, entities operated in the form of a
corporation, limited liability company, partnership, sole proprietorship,
firm, enterprise, franchise, association, organization, self-employed
individual, holding company, joint-stock company, receivership, trust,
activity or other entity which is organized for profit.
Information obtained by a public official or employee by
reason of his or her position that is not available to members of
the public pursuant to the Michigan Freedom of Information Act[1] or other applicable laws, regulations, or procedures.
The public official or employee has any pecuniary interest in
the outcome of a matter currently before the Village, or is associated
as owner, member, partner, official, employee, broker or stockholder
in an enterprise that will be affected by the outcome of such matter,
and such interest is or may be adverse to the public interest in the
proper performance of said public official's or employee's
governmental duties; or
The public official or employee has reason to believe or expect
that he or she will derive financial benefit or suffer a direct monetary
loss, as the case may be, by reason of his or her official activity;
or
The public official or employee has any other prohibited interest
as defined by state or federal law relating to conflicts of interest.
An individual who is hired by the Village to provide services
on a continuing basis, whether full-time, part-time, temporary, intermittent,
hourly, or via an employment contract.
Any gratuity, discount, entertainment, hospitality, forbearance,
or other tangible or intangible item having monetary value, including,
but not limited to, cash, food and drink, travel, lodging, and honoraria
for speaking engagements.
"Gift" does not include:
Information-gathering trips paid for by a person or entity seeking
approval of a proposal from a decisionmaking body of the Village,
provided that the decisionmaking body, prior to the trip, makes all
of the following determinations:
Small perishable or consumable gifts of a nominal value, and
any reportable campaign contributions pursuant to state law.
A public official's or employee's spouse, parent,
parent-in-law, stepparent, sibling, child, stepchild or grandparent.
The opportunity, directly or indirectly, to profit or share
in any profit derived from a transaction.
The Board of Trustees and appointees.
To disclose in such a manner as to ensure all involved in
considering the decision, action or contract are aware of the conflict
of interest or other situation requiring disclosure and the nature
of same.
A violation of any prohibited conduct as described in this
chapter.
[1]
Editor's Note: See MCLA § 15.231 et seq.
A.
No public official or employee shall, directly or indirectly, solicit
or accept any gift of any person or organization, other than the Village,
which tends to influence the manner in which the official or employee
or any other official or employee performs his or her official duties.
B.
Except as permitted by this chapter, a public official or employee
shall not intentionally solicit or accept any gift from any business
entity.
(1)
This prohibition shall not apply to:
(a)
Opportunities, benefits, and services that are available on
the same conditions as for the general public.
(b)
Complimentary copies of trade publications, books, reports,
pamphlets, calendars, periodicals or other informational materials.
(c)
A gift received from an immediate family member of the public
official or employee, provided that the immediate family member is
not acting as a third party's intermediary or an agent in an
attempt to circumvent this chapter.
(d)
Acceptance of unsolicited advertising or promotional materials
and other items of nominal intrinsic value.
(e)
Food or refreshments not exceeding $75 in value on a single
calendar day, provided that the food or refreshments are: 1) consumed
on the premises from which they were purchased or prepared; or 2)
catered. For the purposes of this chapter, "catered" means food or
refreshments that are purchased ready to consume which are delivered
by any means.
(f)
Food, refreshments, lodging, transportation, and other benefits
resulting from outside business or employment activities (or outside
activities that are not connected to the duties of the public official
or employee), if the benefits have not been offered or enhanced because
of the public official's or employee's official position
or employment and are customarily provided to others in similar circumstances.
(g)
Admission or registration fees, travel expenses, entertainment,
lodging, meals or refreshments that are furnished to the public official
or employee: 1) by the sponsor(s) of an event, appearance or ceremony
which is related to official Village business in connection with such
an event, appearance or ceremony and to which one or more of the public
are invited; or 2) in connection with teaching, a speaking engagement
or the provision of assistance to or service as a director, official,
board member, or committee member of an organization or another governmental
entity as long as the Village does not compensate the public official
or employee for admission or registration fees, travel expenses, entertainment,
meals or refreshments for the same activity; and are customarily provided
to others in similar circumstances. If the event, ceremony, meeting,
or conference is outside the State of Michigan, the public official
or employee shall obtain approval prior to attending from the Board
of Trustees.
(h)
Anything for which the public official or employee pays fair
market value.
(i)
Any contribution that is lawfully made or event that is lawfully
held under the campaign finance laws of the State of Michigan.
(j)
Anything provided by an individual on the basis of a personal
friendship, unless the public official or employee has reason to believe
that, under the circumstances, the gift was provided because of the
public official's or employee's official position or employment.
In determining whether a gift is provided on the basis of personal
friendship, the public official or employee shall consider the circumstances
under which the gift was offered, such as:
[1]
The history of the relationship between the individual giving
the gift and the public official or employee, including any previous
exchange of gifts between those individuals;
[2]
Whether to the actual knowledge of the public official or employee
the individual who gave the gift personally paid for the gift or sought
a tax deduction or business reimbursement for the gift; and
[3]
Whether to the actual knowledge of the public official or employee
the individual who gave the gift also at the same time gave the same
or similar gifts to other public officials and employees.
(k)
If a friend of a public official or employee offers to pay or
agrees to pay for the public official's or employee's travel
outside the state, the public official or employee shall obtain approval
prior to that travel from the Board of Trustees.
(l)
Admission to a charitable or nonprofit event or fundraiser when
the public official or employee is attending as a representative of
the Village or for which other public officials of other local governments
have similarly been provided complimentary admission due to their
status as governmental officials.
(m)
Admission to events honoring another public official or governmental
official when the public official or employee is attending as a representative
of the Village or for which other public servants or officials of
other local governments have similarly been provided complimentary
admission due to their status as governmental officials.
(2)
Each of the exceptions listed in this section is mutually exclusive
and independent of every other.
(3)
The public official or employee does not violate this section if
the public official or employee promptly takes reasonable action to
return the gift.
C.
No public official or employee shall divulge to any unauthorized
person confidential information acquired in the course of employment
in advance of the time prescribed for its authorized release to the
public.
D.
No public official or employee shall represent his or her personal
opinion as that of the Village.
E.
Every public official or employee shall use resources, property and
funds under his or her official care and control solely in accordance
with prescribed constitutional, statutory and regulatory procedures
and not for personal gain or benefit.
(1)
No public official or employee shall engage in a business transaction
in which he or she may profit because of his or her official position
or authority or benefit financially from confidential information
which he or she has obtained or may obtain by reason of such position
or authority.
(2)
No public official or employee shall engage in or accept employment
or render services for any business entity when that employment or
service is incompatible or in conflict with the discharge of his or
her official duties or when that employment may tend to impair his
or her judgment or action in the performance of his or her official
duties.
(3)
No public official or employee shall participate, as an agent or
representative of the Village, in the negotiation or execution of
contracts, granting of subsidies, fixing of rates, issuance of permits
or certificates, or other regulation or supervision relating to any
business entity in which he or she has, directly or indirectly, a
financial or personal interest.
(4)
No public official or employee shall use, or attempt to use, his
or her official position to secure, request or grant unreasonably
any special consideration, privilege, exemption, advantage, contract
or preferential treatment for himself, herself, or others, beyond
that which is available to every other citizen.
(5)
No public official or employee shall acquire any financial benefit
in or accept any employment concerning any project which has been
granted approval by the Village or any commission, board, department
or employee thereof within one year of the public official's
or employee's participation in any manner in considering or recommending
the approval or disapproval of said project.
(6)
No public official or employee shall use his/her official position
to unreasonably secure, request or grant any privileges, exemptions
advantages, contracts, or preferential treatment for himself/herself
or others.
(7)
A public official or employee who acquires information in the course
of his or her official duties, which by law or policy is confidential,
shall not prematurely divulge that information to an unauthorized
person nor use the information to further the private interest of
the public official or employee or any third party. Information which
is deemed exempt from disclosure under the Michigan Freedom of Information
Act, Act 442, Public Acts of Michigan, 1976,[1] or which is the subject of a duly called closed meeting
held in accordance with the Michigan Open Meetings Act, Act 267, Public
Acts of Michigan, 1976 is confidential.[2]
(8)
A public official or employee shall not, solicit others to work on
political campaign activities, or solicit campaign contributions from
others, using Village property during working hours, on their behalf
or on the behalf of another.
Any public official or employee with a conflict of interest
(as defined herein) shall publicly disclose the conflict of interest.
A.
Board of Ethics.
(1)
The Board of Trustees shall appoint a Board of Ethics, consisting
of three members, as an advisory body for the purpose of interpreting
this chapter and as otherwise defined herein ("Board of Ethics").
(2)
The initial three members of the Board of Ethics shall be appointed
for one-, two-, and three-year terms of office, respectively. Terms
of office shall expire on December 31 of the respective years. Thereafter,
all members shall be appointed to three-year terms, beginning January
1, so that only one member's term expires each year. A member
shall hold office until his or her successor is appointed. The Board
of Trustees shall fill a vacancy by an appointment for the unexpired
term only.
(3)
The Board of Ethics shall be made up of residents of the Village
that the Board of Trustees determines to be the best qualified for
this position.
(a)
The members of the Board of Ethics shall serve without compensation
and shall not otherwise be a public official or employee.
(b)
The Board of Ethics shall select a presiding member from among
the Board of Ethics members.
(c)
The Board of Trustees shall establish such procedures as it
deems necessary or appropriate for the Board of Ethics to perform
its functions as set forth in this chapter.
(d)
After appointment to the Board of Ethics, each member of the
Board of Ethics shall be considered an appointee for purposes of this
chapter.
B.
Board of Ethics — function. When there is a question or a complaint
as to the applicability of any provision of this chapter to a particular
situation, that question or complaint shall be directed to the Board
of Ethics. It shall then be the function of the Board of Ethics to
deliberate and/or issue an advisory opinion, as applicable. The Board
of Ethics will conduct itself pursuant to rules of procedure as established
by the Board of Trustees.
C.
Board of Ethics — powers and duties. The Board shall:
(1)
Receive complaints concerning alleged unethical conduct by a public
official or employee from any person or entity, inquire into the circumstances
surrounding the alleged unethical conduct, and make recommendations
concerning individual cases to the Village of New Haven Board of Trustees.
(2)
Initiate investigations of practices that could affect ethical conduct
of a public official or employee.
(3)
Hold public hearings.
(4)
Issue and publish advisory opinions upon request from a public official,
employee or the Village of New Haven Board of Trustees relating to
matters affecting ethical conduct of a public officer or employee.
After the Board of Ethics' advisory opinions and/or findings
have been disclosed:
A.
The Board of Trustees shall be responsible for imposing any sanctions
for a violation of this chapter on the appropriate public official
or employee.
B.
If it becomes necessary to seek the removal of a public official
or employee, after the Board of Ethics' advisory opinion and/or
findings, the Village shall follow the requirements for removal in
accordance with the laws of the State of Michigan.
C.
The Board of Trustees shall be responsible for imposing any discipline
for a violation of this chapter on any public official or employee.
D.
A public official or employee who reports or is about to report a
violation of this chapter shall not be subject to any of the following
sanctions because they reported or were about to report such violation:
Nothing in this chapter shall be read or implied to supersede
any provision of a collective bargaining agreement to which the Village
of New Haven is a party.
The various sections and provisions of this chapter shall be
deemed to be severable; and should any section or provision of this
chapter be declared by any court of competent jurisdiction to be unconstitutional
or invalid, the same shall not affect the validity of this chapter
as a whole or any section or provision of this chapter, other than
the section or provision so declared to be unconstitutional or invalid.
All other ordinances or provisions of other ordinances now in
effect shall be and are hereby repealed to the extent they conflict
with this chapter.
This chapter shall take effect the 20th day after its passage
or the date of its publication, whichever occurs first, pursuant to
MCLA § 66.1.
