2015-05 Commissioner Code of Ethics
ORDINANCE NO 2015-05
Town of Newell
Commissioner Code of Ethics
Members of the Town of Newell Commission recognize they are state officials of local government, elected to provide leadership to the citizens of their community. Members understand that they alone have no authority unless convened as a Commission at a legal meeting. They provide governance to the town and strive to improve the Town of Newell. In working to do so, the following standards of conduct will serve as a guide for Commission members.
1. Comply with both the letter and spirit of the laws and policies affecting operations of the city government;
2. Be independent, impartial and fair in their judgement and actions;
3. Use their public office for the public good and not for personal gain or revenge; and
4. Conduct public deliberations and processes openly (unless legally confidential), in an atmosphere of respect and civility.
In order to meet these goals, the Mayor and Commissioner will be expected to follow the Code of Ethics stated below:
1. An elected official shall not perform any labor or furnish equipment or supplies to the Town for compensation. The elected official shall not be interested directly in any contract with the Town which may have remunerative awards for the Town official.
2. No elected official may participate in discussing or voting on any issue in which the official has a conflict of interest. Each elected official shall decide if any potential conflict of interest requires such members to be disqualified from participating in discussion or voting. However, no elected official may participate in discussing or voting on an issue if the following circumstances apply.
a. The elected official has a direct pecuniary interest in the matter before the Town Commission; or
b. At least two thirds of the Town Commission votes that an elected official has an identifiable conflict of interest that should prohibit the member from discussing and voting on a specific matter.
c. If an elected official with a direct pecuniary interest participates in the discussion or votes on a matter before the Town Commission that official’s vote will be invalidated.
3. Every Elected official shall maintain the confidentiality of all matters pertaining to open meeting laws, executive session laws and other related laws and regulations.
4. Recognizing that honest differences of opinion will occur, every elected official will work with other elected officials in a spirit of harmony and cooperation. Every elected official shall respect and abide by the decisions of the Commission and shall not undermine or diminish decisions reached by a majority of the Commission.
5. Every elected official shall confine his or her official efforts to those that apply to his or her office. Specifically, Commission members shall confine their actions in the form of policy making, ordinance enacting, authorizing action by Town officers and employees, and evaluation; and the Mayor is the executive elected official who is to confine his or her actions to those of conducting meetings, executing decisions and agreements of the Commission, and overseeing the general administration of the Town’s affairs through cooperation with the assistance of the Town Finance Officer. Every elected official must recognize that it is not his or her responsibility to run the day to day affairs of the Town.
6. Each elected official must recognize and adhere to the tenet that authority rests only with the Town Commission assembled in a meeting, and not with any individual elected official. No elected official shall make a personal promise not take any action which may compromise the Commission or the Town. Individual members of the Town Commission, outside of regularly constituted meeting of the Town Commission shall have no authority to make decisions, to commit the Commission to action, to inquire into any issues beyond those of which any member of the public may properly inquire, or to supervise or direct the day-to-day Town activities.
7. Every elected official shall uphold and enforce all applicable laws, rules, regulations, and court orders affecting the Town, including ordinances and policies of the Town.
8. Every elected official shall refer all complaints through the proper “chain of command” within the Town to determine if an informal and/or administrative can be obtained. In the event that an informal and/or administrative solution is not obtained, then the issue may be brought before the Town Commission for resolution. No elected official should otherwise become involved in the resolution of any matter that may come before the entire Town Commission for official action.
9. Every elected official shall respect and treat professionally all officers and employees of the Town. No individual elected official shall pressure, threaten, or intimidate, directly or indirectly, and officer or employee, or any other elected official to do a certain thing or act in a certain way.
10. Elected officials shall follow normally accepted business practices when dealing with Town property. No elected official should accept cash or goods in payment for an obligation due to the Town.
11. Elected officials shall comply with this code of ethics. Failure to abide by this code of ethics is a breach of the public trust.
Sanctions
If an elected official is accused of violating the code of ethics, the Town Commission may investigate said allegations. If the investigations reveals a possible violation, the Commission may conduct a hearing in an executive session after giving notice to the elected official accused of violating this code of ethics. If, after such hearing, the Commission determines that a violation has occurred, the Town Commission determines that a violation has occurred, the Town Commission shall have the authority to impose one of the sanctions.
1. With the concurrence of a majority of the Town Commission, to privately reprimand, in executive session, the elected official who violated the code of ethics, in which case no official record of the matter will be kept.
2. With the concurrence of a majority of the Town Commission, to privately reprimand. In executive session, the elected official who violates the code of ethics, and to maintain an official written record of the matter.
3. With the concurrence of a majority of the Town Commission, to issue a public censure, in open session following the hearing, to the elected official who violated the code of ethics, which shall be made part of the minutes of the Town Commission.
4. With regard to a member of the Town Commission, pursuant to SDCL 9-8-5, with the concurrence of two thirds of the Town Commission, the Commission may expel the Commission member and declare a vacancy in that office. The Town Commission does not have the authority to expel the elected Mayor from office.
In any case, if the Town Commission determines it to be appropriate, in addition to and apart from any one of the foregoing sanctions, the Town Commission shall have the authority to disavow by official resolution the improper acts or statements by an individual elected official, said action to be taken in open session and placed in the minutes of the Town Commission.
The Town Commission recognizes that outside the scope of this ordinance, removal of an elected official may be done for a reason provided by law, and only through such process as the law defines, including particularly cases of misfeasance, malfeasance, or other applicable violations of South Dakota law.
ATTEST: CITY OF NEWELL
BY_______________________________ BY________________________
JENNIFER PARROW, FINANCE OFFICER M.R. KEOLKER, MAYOR
FIRST READING: 9/14/2015 PUBLISHED: 9/23/2015
SECOND READING: 10/13/2015