(1)
General standard. All town officials shall attempt to avoid an actual
or perceived financial conflict of interest by abstention or disclosure.
The Town of Kittery establishes these provisions in addition to those
set forth in 30-A M.R.S. § 2605.
(2)
Definitions. For the purposes of this § 12-01 the following
definitions apply:
Official means an elected or appointed member of a town board.
Family member means an official's spouse, parent, child, sister,
brother, stepparent, stepchild, stepsister, stepbrother, mother-in-law,
father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law,
and a person with whom any of the foregoing share a committed relationship.
Financial interest means any direct or indirect interest involving
at least 10% ownership in a public or private economic entity, or
direct or indirect ownership or control of real property.
(3)
Disclosure. If an official or family member has a financial interest
in an issue before the official's board, the official shall disclose
that interest and:
(4)
Advertised bid not a conflict. An official involved in the negotiation
or award of a contract does not have a financial conflict of interest
when the contract is the result of a publically advertised bid procedure.
(5)
Determination protocol. Upon disclosure and request, a determination
is to be made by a majority where a quorum is present, excluding the
member in question, unless a greater number is required by rule, ordinance,
or this charter. If the vote favors disqualification, the member is
excused from all board discussion, debate, and voting on the issue
until concluded and is recorded as abstaining.
(6)
Record of conflict.
The board chairperson shall make a written summary of any abstention
under this section and file the summary with the town clerk. The clerk
must maintain this record for a period of 5 years.
(7)
Penalties.
An official who violates any of the provisions of § 12.01 forfeits office and is ineligible for a period of 5 years thereafter to hold any town office or position.
The procedures for determination of violation are governed by:
(8)
Rights retained.
An official who is excused from an issue due to the provisions
of this section retains the right to such participation as is afforded
members of the public.
(1)
Equal opportunity. No person may be appointed to or removed from,
or in any way favored or discriminated against with respect to any
town position or appointive town administrative office because of
race, gender, age, nationality, handicap, sexual orientation, political
or religious opinions or affiliations.
(2)
Impartiality. No person may willfully make any false statement, certificate,
mark, rating or report in regard to any test, certification or appointment
under the personnel provisions of this charter or the rules and regulations
made thereunder, or in any manner commit or attempt to commit any
fraud preventing the impartial execution of such provisions, rules
and regulations.
(3)
Wrongful monetary consideration. No person who seeks appointment
or promotion with respect to any town position or appointive town
administrative office may directly or indirectly give, render or pay
any money, service or other valuable thing to any person for or in
connection with any test, appointment, proposed appointment, promotion
or proposed promotion.
(4)
Political solicitation. No town official may directly or indirectly,
orally, by letter or otherwise solicit or assist in soliciting from
any person in the employ of the town any assessment, subscription
or contribution for any political party or political purpose whatever.
(5)
Withholding information. With the exception of information which
is confidential by statute, no town official may withhold information
of any nature relevant to a matter before any board.
(6)
Use of public resources. No town official may use public resources
that are not available to the general public for private or personal
gain, e.g. town staff time, equipment, supplies or facilities.
(7)
Gifts and favors. No town official may, by virtue of public office
or position, take advantage of services or opportunities for personal
gain that are not available to the public in general. Examples of
services or opportunities for personal gain are gifts of any kind,
favors, and promises of future gifts or gain.
The clerks of the Supreme Judicial, Superior and District Courts
may issue summonses for witnesses to attend and produce books, documents
and papers at any meeting of the town council or school committee
for the Town of Kittery at which a hearing is had in any matter regarding
any alleged dereliction of duty by town officers, officials or employees.
Every official of the town shall, before entering upon the duties
of the office, take and subscribe to the following oath or affirmation,
to be filed and kept in the office of the town clerk:
"I solemnly swear (or affirm) that I will support the Constitution
and obey the laws of the United States and the State of Maine; that
I will, in all respects, observe the provisions of the charter and
ordinances of the Town of Kittery, and faithfully discharge the duties
of the office of __________"
No town board, including but not limited to the town council,
school committee, planning board and board of appeals, may conduct
business after 10:00 PM. This deadline may be extended to not later
than 11:00 PM by a majority vote of the members present unless a greater
number is required by rule, ordinance, or this charter.
