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.
As used in this chapter, the following terms shall have the
meanings ascribed to them:
APPOINTEE
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.
BOARD OF TRUSTEES
The Village of New Haven Board of Trustees, comprised of
the President, the Clerk, the Treasurer and the Trustees.
BUSINESS ENTITY
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.
CONFIDENTIAL INFORMATION
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 or other applicable laws, regulations, or procedures.
CONFLICT OF INTEREST
A.
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
B.
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
C.
The public official or employee has any other prohibited interest
as defined by state or federal law relating to conflicts of interest.
EMPLOYEE
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.
GIFT
A.
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.
B.
"Gift" does not include:
(1)
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:
(a)
The information will be useful and material;
(b)
The trip will improve and not unduly influence the decisional
process; and
(c)
The Board of Trustees designates the individual to participate.
(2)
Small perishable or consumable gifts of a nominal value, and
any reportable campaign contributions pursuant to state law.
IMMEDIATE FAMILY MEMBER
A public official's or employee's spouse, parent,
parent-in-law, stepparent, sibling, child, stepchild or grandparent.
PECUNIARY INTEREST
The opportunity, directly or indirectly, to profit or share
in any profit derived from a transaction.
PUBLICLY DISCLOSE
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.
UNETHICAL CONDUCT
A violation of any prohibited conduct as described in this
chapter.
Any public official or employee with a conflict of interest
(as defined herein) shall publicly disclose the conflict of interest.
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:
(1) Dismissal from employment or office.
(2) Withholding of salary increases that are ordinarily forthcoming to
the employee.
(3) Withholding of promotions that are ordinarily forthcoming to the
employee.
(4) Demotion in employment status.
(5) Transfer of employment location.
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.