[HISTORY: Adopted by the City Council of the City of Englewood 5-7-1988 by Ord. No.
88-04. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any public body established or created by the City of Englewood
and appointed either by the City Manager, Mayor or City Council, including,
specifically, the Planning Board, Board of Adjustment, Board of Health,
Board of Library Trustees, Housing Authority and Board of Education,
and the District Management Corporation of the Special Improvement
District.
[Amended 4-24-2012 by Ord. No. 12-14; 7-11-2017 by Ord. No. 17-09]
Any officer or employee of the City of Englewood, whether
appointed or elected, within either the classified or unclassified
service as well as any person appointed or elected to a City municipal
agency, authority, board, or committee, regardless of whether such
person is receiving compensation from the City of Englewood, including
attorneys representing such agencies, authorities, boards, or committees.
Any contract, agreement, sale, purchase or relationship which
involves the exchange of money, goods, property or services having
a value in excess of $100; provided, however, that doing business
shall not include any retail customer relationship constituting less
than 1% of the annual receipts of such retailer or any bank depositor
relationship constituting less than 1% of the deposits of such bank.
The ownership or control of more than 10% of the profits or
assets of a firm, association or partnership or more than 10% of the
stock in a corporation, or the holding of any office or membership
on the board of directors of any such firm, association, partnership
or corporation;
An employment relationship involving the public official, or
his or her spouse;
Doing business as that term is defined herein.
A joint venture or business enterprise of any kind for profit;
The ownership of any interest, of any kind, in the same parcel
of real estate;
An attorney/client or other professional relationship.
A relationship with any person with whom the public official
or his or her spouse has any of the following relationships by blood,
adoption or marriage: spouse; parent; grandparent; child; grandchild;
brother; sister; uncle; aunt; nephew; niece; cousin.
This chapter shall apply to all City officials.
A.
Within the time limits hereinafter set forth, all City officials
shall submit, in writing, on forms to be supplied by the City Clerk
and approved by the City Solicitor, the following information:
(1)
The name and address of every person currently doing business with
the City, or who has done business with the City within the past 12
months, or who such official believes will do business with the City
within the coming twelve-month period with whom such official or his
or her spouse have a financial interest or personal relationship.
(2)
The location of every parcel of real property within the City of
Englewood in which such official or his or her spouse has any interests
in of any kind including an interest by way of ownership, occupancy,
lease, option or contract to purchase.
(3)
The name and address of any business entity located within the City
of Englewood in which such official or his or her spouse has any financial
interest or personal relationship.
(4)
Whether such official or his or her spouse has had at any time received
any compensation, fees, money, loan or any article or service of substantial
value from any person or entity with whom the City of Englewood is
doing business or has done business within the past twelve-month period
or who the City official has reason to believe will do business within
the coming twelve-month period.
B.
City officials to which this chapter is applicable shall submit the
information required within 30 days from the date on which this chapter
shall take effect and upon the City Clerk making available forms on
which the information is to be submitted. With respect to any person
who shall hereafter become subject to the provisions of this chapter,
such disclosure shall be made within 30 days from the date on which
such person becomes subject to the provisions hereof. Following the
initial submission, each person subject to the provisions hereof shall
resubmit such information annually between January 1 and January 31
of each year.
No City officials shall accept from any person, whether directly
or indirectly, any gift, favor, service, employment or offers of employment
or any other thing of value which such official knows or has reason
to believe is offered to such official with the intent to influence
such official in the performance of such official's public duties
and responsibilities; provided, however, that this section shall not
apply to the acceptance of contributions to the campaign of an announced
candidate for elected public office.
No City official shall represent, appear for or negotiate on
behalf of any person, other than the City of Englewood, in any negotiations
for the acquisition or sale by the City of Englewood of any real or
personal property, or in any proceedings relative to such acquisition
or sale before a condemnation commission or court; provided, however,
that nothing contained in this section shall be deemed to prohibit
any person from representing himself in negotiations or proceedings
concerning his own interest in real property.
No City official shall represent, appear for or negotiate on
behalf of any person other than the City of Englewood in connection
with any cause, proceeding, application or other matter pending before
any agency, authority, board or committee of the City of Englewood;
provided, however, that this section shall not be deemed to prohibit
any City official from making an inquiry for information on behalf
of a constituent if no fee, reward or other thing of value is promised
to, given to or accepted by the City official.
No City official, subsequent to the termination of such official's
office or employment with the City, shall represent, appear for or
negotiate on behalf of any person or party other than the City in
connection with any cause, proceeding, application or other matter
with respect to which such City official shall have made any investigation,
rendered any ruling, given any opinion or been otherwise substantially
or directly involved at any time during the course of such official's
office or employment.
No City official shall participate by voting or taking any other
action on any City matter, including any matter or application pending
before any City agency, authority, board, committee or other body
or respecting the enactment or defeat of any resolution or ordinance,
in which such official has a financial interest or personal relationship;
provided, however, that nothing contained in this section shall prohibit
voting or taking other action upon any matter in which any benefit
or detriment which could reasonably be expected to accrue to such
official, as a member of a business, profession, occupation or group,
will not be greater than any such benefit or detriment which could
reasonably be expected to accrue to any other member of such business,
profession, occupation or group.
No City official shall knowingly do business with the City;
provided, however, that the provisions of this section shall not apply
to any purchases, contracts, agreements of sale which are made or
let after public notice and competitive bidding.
No City official shall take any official action on behalf of
the City for the transaction of any business involving such official
or any person with whom such official has a personal relationship.
Whenever a City official is prohibited from acting on any City
matter, such official shall not only refrain from taking any formal
action on such matter (by way of voting, issuing orders, approvals,
rejections, recommendations or similar actions) but shall also recuse
himself or herself from that portion of the meeting or discussions
concerning such matter and refrain from any informal action on the
matter such as discussing the matter with any other City official
or doing or saying anything which is designed to, or which is likely
to have the affect of, influencing any action to be taken by such
other City official with respect to such matter.
No City official shall willfully disclose to any person, whether
or not for pecuniary gain, any information not generally available
to members of the public which such officer receives or acquires in
the course of and by reason of such officer's official duties.
Except as may be authorized by the appropriate City official
or by ordinance or resolution of the City Council, no City official
shall use or permit the use of any public property, vehicle, equipment,
labor or service for the personal convenience or provide advantage
of such official or any other person except to the extent that the
same may be available to the public at large.
No City official shall induce or attempt to induce any other
City official to violate any provision of this chapter.
A.
Any City official in doubt as to whether or not to disclose any financial
or personal relationship or whether or not to vote or take any other
action respecting a City matter or whether or not a particular act
may be in violation of this chapter may seek an advisory opinion respecting
same from the City Manager, who in turn may refer same to the City
Solicitor for a legal opinion.
B.
The issuance of an advisory opinion authorizing the nondisclosure
of a financial interest or personal relationship or the doing of any
act or the taking of any vote shall be a defense to any action for
the imposition of administrative or criminal penalty under this chapter.
A.
Except as hereinafter provided, enforcement of this chapter shall
be the responsibility of the City Manager. Complaints of alleged violations
of this chapter may be filed with the City Manager who shall make
or cause to be made an investigation of the facts on which such complaint
is based, and, if the City Manager finds reasonable cause to believe
that there has been a violation of the provisions of this chapter:
(1)
With respect to a City employee appointed by the City Manager and
operating under the authority or supervision of the City Manager,
the City Manager shall afford a hearing to the person charged, at
which any other interested person shall have the right to appear and
be heard. If, following such hearing, the City Manager finds that
there has been a violation of this chapter, the Manager may impose
such discipline or sanction as he deems appropriate, including a reprimand,
suspension, demotion or removal of such City official, provided that
with respect to a City department head, removal shall require the
concurrence of the City Council.
(2)
With respect to any other City official, the City Manager shall forward
his preliminary findings to the City Council for such action as the
Council deems appropriate.
B.
Enforcement of this chapter with respect to and other City official not described in Subsection A(1) or Subsection A above, including the City Manager, the Mayor, any member of the City Council, the City Solicitor or any other officials appointed directly by the Mayor or the City Council shall be the responsibility of the City Council and, in any such matter, the hearings and findings described above shall be conducted by the City Council. If following such hearing the City Council finds that there has been a violation of this chapter by such City official, the Council may reprimand and, to the extent permitted by law, suspend, demote or remove such City official.
In addition to any administrative action taken with respect to § 31-14 above, any City official willfully and knowingly violating any provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $500 for each such violation.
