2.30.030 Code of ethical conduct

2.30.030 Code of ethical conduct.

1. The citizens of Maricopa expect and deserve open government. City officials shall comply with all open meetings and public records laws as set forth in A.R.S. §§ 38-431 through 38-431.09 and §§ 39-121 through 39-121.03.

2. City officials shall conduct city business with transparency, seeking public input as advisable or appropriate, in a manner that fully adheres to and preferably exceeds state law regarding open meetings and transparency of actions and shall not circumvent the open meeting law, or the spirit of the law, by using technology, a “hub and spoke” scheme, or any technique involving less than a quorum yet designed to communicate with a quorum of the public body.

3. City officials shall be accessible, open and conduct city business with transparency.

1. City officials shall not be involved in any activity which creates a conflict of interest with their responsibilities to the city and its residents as defined by Arizona law.

2. City officials shall disclose and make known actual or perceived conflicts of interest as required by Arizona law.

3. When a known conflict of interest arises, the city official involved shall disclose the conflict as soon as reasonably practical and shall refrain from participating in any manner in the city’s decision-making processes on the matter as a city official, including voting on the matter or attending meetings with, having written or verbal communications with, or offering advice to any member of the city council, or any city employee, contractor, agent, member of a city board, commission, committee, task force, other appointed advisory group or agency (other than the city attorney when the city official is seeking legal advice regarding a possible conflict).

4. During a public meeting when an agenda item in which a city official has a conflict of interest comes up for consideration, the city official shall state publicly that he or she has a conflict, recuse himself or herself, and leave the room while the matter is being discussed and acted upon by others on the public body.

1. City officials have the obligation to put the interests of the city of Maricopa over all personal considerations.

2. The goal should be to balance what is in the best interest for the broadest public good of the city, consistent with constitutional and other legal protection for minority, property and other interests.

3. City officials shall use discretionary funds and city resources for public interest rather than personal interests.

4. City officials shall avoid favoritism and retribution.

1. No city official shall use or attempt to use his or her official position to influence council decisions or city staff actions in favor of individuals, organizations or companies that may directly benefit the individual city official.

2. Ask “Does this pass the headline test?”

3. City officials shall follow applicable gift policies and laws regarding disclosure and acceptance of gifts, including, but not limited to, gifts of travel, entertainment and sports/athletic activities and events.

4. No city official shall use or attempt to use his or her personal relationships with staff, businesses or others for inappropriate or personal benefit.

5. City officials shall avoid the appearance or reality of monetary gain or “quid pro quo.”

6. No city official shall use or attempt to use his or her official position to gain personal, professional, or financial advantage for the individual city official or his or her direct family member. (As “direct family member” is defined in the city code.)

1. During meetings and all public appearances, city officials shall treat each other, speakers, invited guests, residents, businesses, staff and general public with professionalism, courtesy, respect and dignity, and shall:

a. Be attentive, respectful and polite;

b. Avoid personal disparaging comments or references;

c. Focus on the action, not the individual;

d. Respect differences;

e. Be cognitive of demeanor and appearance;

f. Be respectful of schedules and agendas and responsive to all communications;

g. Be on time, prepared and ready to execute the duties and tasks of the position;

h. Avoid inappropriate actions and behavior that could reflect poorly upon the city or fellow city officials.

2. At the city workplace, at any city event and at all times while representing the city, including traveling on city business, city officials shall treat each other, staff and the general public with professionalism, courtesy, respect and dignity, and shall:

a. Respect and embrace the golden rule (treat others as you would like to be treated);

b. Be sensitive to differences in race, age, gender, disabilities, religious beliefs, political affiliation and national origin;

c. Strive to create an environment that is productive and free from gossip, rumors, intimidation, harassment, threats, retaliation, violence, hostility, and other adversity;

d. Avoid behavior and comments considered unacceptable in the workplace, such as inappropriate and demeaning comments, stories, humor and jokes;

e. Avoid sexual harassment, such as sexual conversations, sexual innuendos, and other comments that may be perceived as sexual in nature;

f. Keep personal and professional relationships separate.

1. Under the council-manager form of government, the city council appoints a city manager, who directs the day-to-day operations of all employees. City officials should be sensitive to the role of the city manager and shall not circumvent the appropriate chain of command by directing city staff.

2. City officials shall not interfere with the hiring, promotion, transfer, discipline, compensation or termination of any employee, other than those positions identified in the city code that serve at the pleasure of the city council.

3. City officials shall not interfere with or exert influence over the city’s procurement process, except in an official capacity acting as council as a whole.

1. City officials shall adhere to city rules and policies on the use of city property, city logo, and city letterhead or other approved city communication tools, materials or publications.

2. City officials shall use city issued equipment in accordance with city policies and shall not use city equipment or facilities for private purposes, unless such use is generally available to the public.

3. Any personal emails, faxes or use of other communications generated by the use of city equipment should be considered public information. As such, city officials shall use city-assigned electronic mail accounts for city business only and not for personal business or for campaign purposes.

4. City officials shall not disclose or use executive session information or other information deemed confidential under state law without proper authorization.

1. City officials are never “off the record” and should be mindful of communication actions that create a public record.

2. City officials shall qualify public comments as either the official position of council or as a personal opinion and clarify whether council has or has not acted on the topic (i.e., state “council hasn’t voted on this matter yet, however, I believe we should go in direction xyz”).

3. City officials shall not make public statements or take individual actions on behalf of council unless expressly authorized by council.

4. City officials shall use all communication platforms to constructively benefit the city.

5. City officials shall communicate to fellow councilmembers, the city manager and/or the city attorney any information that could negatively affect the operation or image of the city council or the city to avoid a situation where such information is first learned from the media or outside sources.

6. When appropriate or advisable, city officials should notify appropriate city staff regarding all media contacts. [Ord. 13-12; Code 2004 § 2-133.]