93-8031Riy
RESOLUTION NO. 8031
A RESOLUTION ADOPTING A CODE OF ETHICS FOR
RICHFIELD CITY EMPLOYEES
WHEREAS, the City of Richfield, its elected and appointed
officials and employees, have conducted the City's business in the
past according to the highest ethical standards, such that
decisions and actions have been based upon the public interest
rather than personal and financial interests of the officials and
employees; and
WHEREAS, the City of Richfield, through its City Charter, has
adopted a code of ethics that governs the actions of elected
officials, members of boards and commissions, and the City Manager;
and
WHEREAS, the City desires to establish a similar code of
ethics that will provide guidance and establish standards for City
employees who are not governed by the City Charter code of ethics.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Richfield, Minnesota:
1. The attached Code of Ethics is hereby approved and
adopted.
2. This resolution and the attached Code of Ethics are
effective immediately.
Passed by the City Council of the City of Richfield,
Minnesota this 14th day of June, 1993.
/`~
Martin K rsch, Mayor
ATTEST:
~~L~'v~ ~~u~1~K~,
Thomas P. Ferber, City Clerk
Resolution No. 8Q31
CITY OF RICHFIELD
CODE OF ETHICS FOR CITY EMPLOYEES
Section I. Sco e. This code of 0thics applies to all•full-time
and part-time paid employees of thQ City of Richfield, except the
city manager. The city manager is subject to the provisions of
Chapter 12 of the Richfield City Charter.
Section 2. Purpose. The City of Richfield is proud of its
employees and the valuable services that they provide to the City
and its citizens. The City also valuers the individual contribu-
tions. that its ®mploye®s have made and continue to make to the
Richfield community, on the employees' personal time. The City and
its employees have established an exemplary record of conducting
the City's affairs in a manner that .furthers the interests of the
public, without improper influence on the decision-making process.
The purpose of this code of ethics is to: ensure that the actions
and decisions of City employees continue to be tree from the
improper influence of personal and financial interests; provide
guidance to City employees who are confronted with a potential
Conflict of interest] and uphold the public confidence in the
City's conduct of public matters.
Section 3. Definitions. For purposes of thins code of ethics,
the following terms have the meanings given them:
a. "Employee's household" means the parson or persons with
whom an employee resides. •
b. "Employee's family" means the spouse, parent, child,
mother-in-law, father-in-law, brother-in-law or gist®r-in-law
of an employee.
Section 4. Prohibited Actions.
a. No employee shall take part in or otherwise attempt to
influence the outcome of any City action or decision which
could substantially affect the financial int®resta of the
employee, a member of the employee's household or family, or
an organization with which the employee is associated. The
prohibition under this paragraph does not apply if the effect
of the decision or action on the employee, employee's house-
hold or family will be no greater than on other members of the
business, profession or occupation or if the effect on the
organization with which the employee is affiliated iec indi-
rect, rwmote, and insubstantial. .
b. No employee shall misuse hie or her position to secure
special privileges or exemptions for himself or herself or any
other person.
C. NO employee shall directly or indirectly receive or agree
to receive any compensation, gift, rew8rd or gratuity in
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Resolution No. 3031
paymont for the performance of his or her official duties,
except as may be provided by Iaw.
Section 5. Discloseire Re uired. An omployee who in the
discharge of his or hemduties would be required to take an action
o,r make a decision whi~h could•substantially affQCt the financial
interests of the emplo~ree, a member of the employee's household or
family, or organization with which the employee is associated,
shall take the followieQ actions:
a. The employee shall prepare a written statement which
includes the employee's name., addrwss, position, signature,
date, the person notified of the' potential conflict, a
description of the matter requiring action or decision and a
d®acription of the nature of the potential conflict of
interest. ~,
b. Within one week after the amployee becomes aware of the
potential Confli~t of interest, the amployee shall deliver
copies of the statement to the City Clerk (ar if the employee
is the City Clerkf to the City Manager) and to the employee's
immediate supervisor.
No disclosure atatsmen''It is required if the effect of the decision
or action on the employee, employee's household or family will be
no greater than on other members of the business, profession or
occupation or if the effect on the organization with which the
employee is affiliated is indirect, remote, and insubstantial.
Section 6. Determj
disclosure statement ~
shall deterntine wheth~
which is proscribed b'
employee has a potenti~
immediately assign the
a potential conflict
that the employee does
that is proscribed by
that determination, n~
shall prepare a writt~
determination regard.i:
interest.
nation; ReasSiQnment. Upon receipt of a
rom an employee, the employee's supervisor
~r a potential conflict of interest exists
Section 4 of this code of ethics. Zf an
1 conflict of interest, the supervisor shall
matter to another employee who does not have
~f interest. If the supervisor determines
not have a potential conflict of interest
Section 4, and if• the city manager accepts
reassignment is required. The supervisor
n memo summarizing the basis for hin or her
g the existence of a potential conflict of
Section 7. Waiver.l Upon recommendation of the city manager,
the City Counci may waive the reassignment provisions of Section
6 of this code of ethics, after making the following findings:
a. That there is no•other employee in the City who: (i) is
qualified to perform the official dutiQS required in
connection with the sot or decision and (ii) does not
have a potential conflict of interest] and
b. That disqualification of the employee will require the
City tv resin an outside can9ultant at additional
expense to the City; and
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Resolution No. 8031
c. That the potential conflict of interest is so remote or
insubstantial that the employee's continuQd performance
of his or her official duties would not erode public
confidence in the decision-making process; and
d. That' adequate supervision or subsequent review 'is
available to assure that the act or decision is made in
the public interest; and .~
e. That the cost and administrative inconvenience that would
result from the employee's reassignment significantly
outweigh any detrimental aspects of the potential
conflict of interest.
When any waiver is granted under this Section 7, the city manager
or designee shall monitor the progress of the project for which the
waiver was granted and shall review City actions .and decisions as
necessary to ensure that the public interest is served.
Section 8. Restriction on Representation. For one year after
termination of ®mployment with the City, no termer Qmployee of the
City .shall appear personally before any court or governmental
department or agency as agent or representative for anyone other
than the City in connection with any proceeding, application,
request for ruling or other determination, contract, claim,
controversy,. charge, accusation, arrest, or other particular matter
in which the City is substantially interested, and with respect to
which the employee took any action or made any decision as an
employee of the City at any time within a period of one year prior
to the termination of employment.
Section 9. Discipline. Any employee who knowingly violates any
provision of Section 4 of thin policy, or who knowingly fails to
submit a statement required by this policy or submits a statement
which the employee knows contains false information or omits
required information, will be subject to discipline.
Adopted by the City Council of the City of Richfield on
June 14 , 1993.
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