Officials in the public service must maintain the highest possible standards of ethical conduct in their transactions of public business. Such standards must be clearly defined and known to the public as well as to the public officials. Violations of the ethical standards in this ordinance are punishable by the City Council and are not to be deemed criminal misdemeanors of any other type of crime except as those behaviors or activities may separately be determined to be criminal under state or federal law.

The proper operation of democratic government requires that public officials be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the government structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government.

In recognition of these goals, there is hereby established a Code of Ethics for all Public Officials of the City of Roseville. The purpose of this Code is to establish ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the best interests of the city, and by directing disclosure by such officials of private financial or other interests in matters affecting the city. The provisions and purpose of this Code and such rules and regulations as may be established are in the best interests of the City of Roseville.

Recognizing that education on ethics in government is the key to having good government, this code requires that yearly seminars be held to discuss the meaning of this code with new public officials, and in addition such seminars shall involve trained experts on government ethics that are outside of the Roseville government itself. The City Manager shall be the coordinator for these seminars. These seminars will keep the subject of ethics in government fresh in everyone's mind.

To increase the awareness and understanding of the importance of ethical considerations and behavior among the public as well as government employees, communication of the role of the ethics commission and this code of ethics must occur at least annually in local newspapers and the Roseville website. Additionally, this code of ethics shall be reviewed annually to determine if modifications are appropriate.

Section 2. Definitions of Terms

Public Official

Any person that has been elected to office, appointed by the City Council, appointed to a City board or commission, or hired by the City to serve as a department head or assistant department head.

Public Officials include the following:

a. Members of the City Council and Mayor

b. The department head and assistant department head of each City department

c. Any person that has been appointed by the Roseville City Council. This would include but not be limited to commission, board, and task force members.

d. The City Manager

e. The City Attorney and attorneys in the City Attorney's firm performing work for the city

f. Any other person hired as a consultant or designated by the City Council from time to time to handle City matters.

Money, real or personal property, a permit or license, a favor, a service, forgiveness of a loan or promise of future employment. It does not mean reasonable compensation or expenses paid to a public official by the government of Roseville for work performed.

Compensation

A payment of "anything of value" to an individual in return for that individual's services of any kind.

A business entity of any kind, a labor union, a club or any other group of two or more persons other than the immediate family.

A reporting individual, spouse, minor children, minor stepchildren or other person residing in the same household.

Gift

The payment or receipt of "anything of value" unless consideration of greater or equal value is provided in return.

The person that heads up the administration of the operating government of Roseville.

Public officials are to serve all persons fairly and equitably without regard to their personal or financial benefit. The credibility of Roseville government hinges on the proper discharge of duties in the public interest. Public officials must assure that the independence of their judgment and actions, without any consideration for personal gain, is preserved.

Specific ethical violations are enumerated below for the guidance of public officials, but these do not necessarily encompass all the possible ethical considerations that might arise.

1. Other Offices or Employment. An elected public official shall not hold another incompatible office, as that term has been interpreted from time to time by statute, the courts, and by the Attorney General. Employed public officials shall not hold such incompatible office nor shall they engage in any regular outside employment without notice to and approval by the City Council, in the case of the City Manager, and the City Manager in the case of other employed public officials.

Elected and appointed public officials shall not hold other office or employment which compromises the performance of their elected or appointed duties without disclosure of said office or employment and self disqualification from any particular action which might be compromised by such office or employment.

2. Use of Confidential Information. No public official shall use information gained as a public official which is not generally made available to and/or is not known to the public, to directly or indirectly gain anything of value.
   
3. Solicitation of or Receipt of Anything of Value. A public official shall not solicit or receive anything of value from any person or association, directly or indirectly, in consideration of some action to be taken or not to be taken in the performance of the public official's duties.
   
4. Holding Investments. No public official shall hold any investment which might compromise the performance of the public official's duties without disclosure of said investment and self disqualification from any particular action which might be compromised by such investment, except as permitted by statute, such as Minnesota Statute 471.88.
   
5. Repesentation of Others. A public official shall not represent persons or associations in dealings with the city in consideration of anything of value.
   
6. Financial Interest. Where a public official or a member of the public official's immediate family has a financial interest in any matter being considered by the public official, such interest, if known to the public official, shall be disclosed by the public official. If the public official has such a financial interest or if the minor child of a public official has such a financial interest, the public official shall be disqualified from further participation in the matter.
   
7. City Property. No public official shall use city owned property such as vehicles, equipment, or supplies for personal convenience or profit except when such property is available to the public generally, or where such property is provided by specific city policy in the conduct of official city business.
   
8. Special consideration. No public official shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.
   
9. Authority. No public official shall exceed his or her authority, or breach the law, or ask others to do so.
   
10. Giving Anything of Value. No elected public official shall give anything of value to potential voters in return for their votes, promises, or financial considerations which would be prohibited by the State Minnesota Fair Campaign Practices statute.
    
11. Public Funds, etc. No public official shall use public funds, personnel, facilities, or equipment for private gain or political campaign activities.
    
12. Expenses. Public officials shall provide complete documentation to support requests for expense reimbursement. Expense reimbursement shall be made in accordance with City policy.
    
13. Donations. No public official shall take an official action which will benefit any person or entity because of a donation of anything of value to the City by such person or entity.
    
14. Official Action. No public official shall take an official action which will benefit any person or entity where such public official would not have otherwise have taken such action but for the public official's family relationship, friendship, or business relationship with such person or entity.
    
15. Compliance with Laws. Public officials shall comply with all local ordinances and State and Federal Statutes including, but not limited to, the Criminal Code, Fair Campaign Practices Act, and laws governing the functioning of municipalities, their elected and appointed officials, and employees.
    
16. Cooperation with Ethics Committee Investigations. Public officials shall cooperate with ethics investigations and shall respond in good faith to reasonable requests for information.
    
17. Resolution of Ethics Complaints. The ethics commission, City Attorney, or City Manager shall attend to all ethics complaints within the allowed timeframes.

Situations can arise where a member of a commission, a board, or the City Council abstains from voting because of a conflict of interest, but his or her abstention becomes a vote either for or against the matter because a majority are required to pass or reject that matter. This can happen where four-fifths vote is needed to pass an issue, or the vote has to be a clear majority and a split vote does not pass or reject.

When this happens, the City Attorney must be consulted and the final vote should carry a public notice explaining what took place, and how it was resolved.

Section 5. Handling Alleged Violations of Code of Ethics

1. Allegations of ethical violations against public officials and city employees must be submitted in written form to the City Attorney. Allegations which may constitute a violation of a federal, state, or local statute shall be referred to the appropriate criminal authority by the City Attorney within five (5) days of receipt of the complaint.
   
2. If a complaint leads to a criminal proceeding which ends in a court approved punishment, said punishment shall be considered to be the final disposition. Within five (5) days of a court finding that there has been no violation of law, the complaint shall be referred to the City Manager if it involves a public official that is subordinate to the city Manager, or to Ethics Commission for other public officials to determine if it constitutes an ethical violation.
   
3. Allegations against public officials, who are subordinate to the City Manager, shall be referred to the City Manager within five (5) days. The City Manager may take appropriate disciplinary action against employees violating this code.
   
4. Allegations against members of the ethics commission shall be investigated by the City Attorney and reported to the City Council.
   
5. All other allegations of ethical violations shall be referred to the Ethics Commission for investigation within five (5) days.
   
6. Results of the investigation by the Ethics Commission or the City Attorney shall be reported to the City Council within sixty (60) calendar days of their receipt of the complaint. The Ethics Commission may extend its investigation one-time for thirty (30) days unless the City Council expressly rejects such an extension at its next regular meeting. The results of an investigation will be reported along with the Commissions recommendation for disposition. Thereafter, the City Council shall take appropriate action.
   
7. The standard for decisions regarding allegations of ethical violations shall be "clear and convincing evidence".

Not later than ninety (90) days after the date of approval of this code, each public official of the City shall file as a public record, in the office of the City Manager, a statement containing the following:

1. A list naming all business enterprises known by the public official to be licensed by or to be doing business with the City in which the public official or any member of the public official's immediate family is connected as an employee, officer, owner, investor, creditor of, director, trustee, partner, advisor, or consultant; and
2. A list of the public officials and members of the public officials' immediate family's interests in real property located in the City or which may be competing with the interests of the City located elsewhere, other than property occupied as a personal residence.

Each person who enters upon duty after the date of this code in an office or position as to which a statement is required by this code shall file such a statement on forms to be provided by the City not less than thirty (30) days after the date of his/her entrance on duty.

Each person who made an initial filing shall file a new Statement by January 30 of each year thereafter giving the information called for above as of the time of the new statement. If a change in financial interest or property ownership occurs between filings, a new filing shall be made within thirty (30) days of the change.

The interest of any member of the immediate family shall be considered to be an interest of a person required to file a statement by or pursuant to this ordinance.

This code shall not be construed to require the filing of any information relating to any person's connection with or interest in any professional society or any charitable, religious, social, fraternal, educational, recreational, public service, civil, or political organization, or any similar organization not conducted as a business enterprise and which is not engaged in the ownership or conduct of a business enterprise.

However, if any of such organizations seeking any action or benefit come before a Roseville commission or the Council, then membership in the organization shall be a potential conflict of interest and must be reported as such to the City Manager by the public official in an amended disclosure statement. The other stipulations of this code then apply.

The City Manager shall inform each person who is required to file of the time and place for filing. The City Manager shall inform the Council whenever a person who is required to file a statement fails to do so.