Section 1. DECLARATION OF POLICY

The proper operation of democratic government requires that City Officials be fair, impartial and responsive to the needs of the people and each other in the performance of their respective functions and duties; that decisions and policy be made in proper channels of the City's governmental structure; that public office not be used for personal gain; and that such Officials maintain a standard of conduct that will inspire public confidence in the integrity of the City's government. In recognition of these goals, a Code of Ethics is hereby established for all City Officials, which is not intended to deny Officials their constitutional rights nor violate their civil rights.

Section 2. DEFINITIONS

A. BUSINESS. Any corporation, partnership, individual, sole partnership, sole proprietorship, joint venture, or any other legally recognized entity organized for the purpose of making a profit.

B. CITY OFFICIALS. Any and all persons appointed by the City Council or City Manager and/or elected by the voters of the City of Ellsworth, including but not limited to the following: City Councilors, Library Trustees, members of the Planning and Appeal Boards, members of other Boards or Conunissions, Department Heads, Code Enforcement Officer, City Clerk, City Attorney, City Treasurer and Clerk, City Assessor, Chiefs of Fire and Police Departments, members of the School Committee, and any other person whose office or position is deemed a municipal office by the laws of the State of Maine.

C. CITY EMPLOYEE. Any individual working for, on a permanent or temporary basis, and drawing a salary, wages or stipend from the City of Ellsworth. The term "City Employee" shall not include consultants or special personnel providing services on a short-term contractual basis.

D. IMMEDIATE FAMILY. Spouse, children, parents, brothers, and sisters.

E. FINANCIAL INTEREST. A direct or indirect interest having monetary or pecuniary value including, but not limited to, the ownership of shares of stock.

F. SPECIAL INTEREST.A person or group having an interest in a particular part of the economy and receiving or seeking special advantages thereinafter to the detriment of the general public.

Section 3. STANDARDS OF CONDUCT

The purpose of this Code is to establish ethical standards of conduct for all City Officials by setting forth those acts or actions deemed to be in conflict or incompatible, or to create the appearance of conflict or incompatibility, with the best interest of the City of Ellsworth.

Section 4. CONFLICTS OF INTEREST

No City Official shall participate directly by means of deliberation, approval or disapproval, or recommendation, in the purchase of goods and services for the City, and the award of any contracts with the City, where to his/her knowledge there is a financial interest, or special interest other than that possessed by the public generally, in such purchase or award, held by:

A. himself/herself or a member of his/her immediate family

B. a business in which he/she or a member of his/her immediate family serves as an officer, director, trustee, partner or employee in a supervisory or management position; or

C. any other person or business with whom he/she or a member of his/her immediate family are in business, or are negotiating or have an arrangement concerning future employment.

No City Official shall participate by means of deliberation, approval or disapproval, or recommendation, in the decision to hire, promote, discipline, lay off or to take any other personnel action in respect to any applicant for employment or employee, as the case may be, where the applicant or employee is:

A. a member of his/her immediate family; or

B. a person with whom either he/she or a member of his/her immediate family are in business.

Section 5. DISCLOSURE OF CONFIDENTIAL INFORMATION

No City Official shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City, nor shall he/she use such information to advance the financial or private interest of himself/herself or others. For purposes of this subsection, the term "confidential information" shall mean any information, oral or written, which comes to the attention of, or is available to, such City Official only because of his or her position with the City, and is not a matter of public record. Information received and discussed during an executive session shall be considered within the constraints of this section, and shall not be disclosed to any third person unless permitted by affirmative vote of such body.

Section 6. GIFTS AND FAVORS
No City Official shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person and/or business which to his/her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any City Official: (1) accept any gift, favor or thing of value that tends to influence his/her in the discharge of his or her official duties; or (2) grant in the discharge of his or her official duties any favor, service or thing of value.

Section 7. USE OF CITY PROPERTY

No City Official shall use, or permit the use of, any City-owned property including, but not limited to, motor vehicles, equipment and buildings, for any private purposes. Nothing herein shall prohibit the use of City buildings and equipment at rates and/or terms as may be established.

Section 8. DISCLOSURE OF INTEREST IN AGENDA ITEMS

Any City Official who believes he or she has a conflict of interest as defined in Section 4. above, shall disclose the nature and extent of such imnterest and have it recorded on the record of the meeting at which it arises. Once such disclosure has been made, such City Official shall refrain and shall be relieved from voting or process concerning such interest.

Section 9. DISCLOSURE STATEMENT BY CITY OFFICIALS

Every City Official shall file with the City Clerk within thirty (30) days after the effective date of this Code, and during the month of April during each calendar year thereafter, a written statement under oath containing the following information, to the best of his or her knowledge and belief:

The name of each person or business doing business with the City in an amount in excess of one thousand dollars ($1,000.00) during the preceding calendar year from which such Official, or a member of his/her immediate family, has received money or other thing of value in an amount in excess of one thousand dollars ($1,000.00) during the preceding calendar year, including campaign contributions.

For the purposes of this Code, a list prepared by the City Treasurer of those persons or businesses doing business with the City in amount in excess of one thousand dollars ($1,000.00) for the preceding calendar year shall be determinative for purposes of reporting under this section. Income from, and financial investments in, and deposits and accounts with commercial or savings banks, savings and loan associations, or credit unions shall not be considered to be a financial interest within the meaning of this section.

Section 10. POLITICAL ACTIVITIES

No City Official shall participate in any political activity which would be in conflict or incompatible with the performance of his or her official functions and duties for the City. In conjunction therewith:

No City Official may use his official authority or position for the purposes of influencing or interfering with or affecting the results of any election, nor shall he/she solicit funds or contributions or accept or receive funds or contributions from City employees for political purposes. No City Official may distribute pamphlets or handbills while he or she is performing their official functions and duties with the City. Nothing herein shall be construed to prohibit any City Official from participating in the political process in their capacity as private citizens.

Section 11. BOARD OF ETHICS

There is hereby created and established a Board of Ethics which coincides and consists of the members of the City Council.

A. PROCEDURES AND RECORDS
The Board, upon its formation, shall establish such rules as may be necessary to govern its procedures. However, such rules shall not become effective until approved by majority vote of the City Council. In addition, the Board shall at all times maintain in the office of the City Clerk the appropriate records of its opinions and proceedings.

B. DUTIES
The Board shall render advisory opinions when there is doubt as to the applicability of any provisions of this Code to any particular situation. In the performance of its duties, the Board shall limit its review only to those matters and facts previously referred to it; it being the intent of the council that the Board not function in an investigatory manner.

C. INITIATION OF PROCEDURE
Any City Official seeking advice as to whether a particular situation constitutes a violation of this Code shall first submit a written statement describing the nature of the matter to the City Council. If the Council, in its sole discretion, feels that an advisory opinion is necessary, it shall then refer the matter to the Board. If the Board finds any matter referred to it to have been based upon allegations it determines to have been frivolous, unfounded, or with malice, it shall so advise the Council. It is the purpose and intent of this Code to provide a mechanism by which all such matters may be handled in an orderly and impartial fashion in such a manner as to protect the best interests of the citizens of the City of Ellsworth and the personal and private interests of its City Officials.
The Board shall also perform such other duties as may be prescribed from time to time by the City Council.


Section 12. PENALTIES

In addition of any other penalties or remedies as may be provided by law, violation of this Code shall constitute cause for censure, after notice and hearing conducted by the City Council. A majority of the Ellsworth City Council shall conduct such proceedings.

Section 13. SEPARABILITY

If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Code.

ADOPTED JUNE 20,1988