HomeMy WebLinkAboutResolutions - 1974.10.03 - 10460October 3, 1974
Misc. Res. 6862
By: Wilbur V. Brotherton, District #27
Re: Adoption of State Code of Ethics
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, the Committee on Organization has considered a resolution dealing with
a proposed Code of Ethics for_County Employees and elected officials and appointed
officials, and
WHEREAS, no consensus or recommendations were arrived at in considering said
resolution.
NOW THEREFORE BE IT RESOLVED that the County of Oakland adopt the State
Code of Ethics, as amended, for County Employees and Elected and Appointed Officials.
Mr. Chairman, I move the adoption of the foregoing resolution.
Wilbur V. Brotherton, District #27
Moved by Brotherton supported by Moffitt the resolution be referred to the
Committee on Organization.
There were no objections.
CODE OF ETHICS
FOR
COUNTY EMPLOYEES AND ELECTED AND APPOINTED OFFICIALS
1. DECLARATION OF POLICY
Where government is based on the consent of the governed,
every citizen is entitled to have complete confidence in the
integrity of his government. The public judges its government
by the way County employees and appointed and elected officials
conduct themselves in the performance of their respective duties.
Devotion to the public trust is an essential part of the ob-
ligation of public service. County employees and appointed and
elected officials are the trustees of an important branch of
our system of government in which the people must be able to
place their absolute trust; for the preservation of their wel-
fare; their safety and all in which they •believe.
The proper operation of democratic government requires that County
employees and appointed and elected officials be independent, im-
partial and responsible to the people. County employees and
appointed and elected officials must avoid all situations where
prejudice, bias, or opportunity for personal gain could influence
their decisions. Even the appearance of improper conduct should
be avoided.-
The purpose of these standards is to provide each County employee
and appointed and elected official with a clear understanding
of the behavior expected of them in the performance of their
public responsibilities and to give the citizens in the County of
Oakland a standard by which they may be assured that these
responsibilities are being faithfully performed.
2. APPLICATION
The standards of ethical conduct set forth in this Code of Ethics
shall be applicable without exception to all employees, officers,
elected and appointed officials, classified or unclassified, of the
executive branch of the County of Oakland. -
Nothing in the Code shall be interpreted as denying any employee
his rights under the County Merit System. In every proceeding
with regard to these standards, fundamental due process shall be
followed.
RESPONSIBILITIES OF COUNTY EMPLOYEES AND APPOINTED AND ELECTED
OFFICIALS
County employees and appointed and elected officials are agents
of the public and, while performing dutiea for the benefit of
the public, are bound to uphold, support and defend the Con-
stitution of the United States and the Constitution of the State
of Michigan and to administer its laws fairly.
Employees and officials must faithfully discharge their duties
to the best oftheir ability without regard to age, race, creed,
sex, national origin, or political belief. The Public interst
must be their primary concern and their conduct in both official
and private affairs should be above reproach.
An employee or appointed or elected official may express
their personal views with respect to public issues, however,
they shall not by use of their position, represent their personal
opinions as those of their agency.
Publdctrust imposes upon the employees and appointed and elected
officials in the necessity to pledge themselves to the proper use
of manpower, property and funds under their care and to continued
economy and efficiency in the performance of their duties.
4. CONFLICT OF INTEREST
The vast majority of state employees and appointed and elected
officials are dedicated servants of the public trust and perform
• their duties with the utmost integrity. In order that they might
clearly understand the areas Of possible conflict and avoid
situations involving the suspicion of conflict, the following
• guidelines are set forth.
a. Confidential information - Al County employee or appointed or
elected official shall not divulge any confidential information
to any unauthorized person or release any such information in
advance of the time prescribed for its authorized release
for their own personal gain or for the gain of others. An
employee shall not engage, directly or indirectly, in any
personal business transactions -or private arrangement for
personal profit which accrues from or is based upon their
official position or authority, or upon confidential infor-
mation which they gained by reason of such position or
authority.
Gifts and Favors - County employees and appointed and elected
officials shall not, directly or indirectly, solicit,
accept, or agree to accept, any gift of money or goods, loans
or services or other proffered arrangements for personal
benefit under any circumstances which would tend to influence
or have the appearance of influencing the manner in which
they perform their work, make their decisions, or otherwise
perform their duties. A County employee or appointed or
elected official shall not grant or make available to any
person any consideration, treatment, advantage or favor
beyond that which it is the general practice to grant or,
make available to the public at large.
c. Representation of Private Interests - A County employee
or appointed or elected official shall not represent or act
as agent for any priVate interest, whether for compensation
or not, in any transaction -in which the Countyhas a direct
interest. An appointed or elected official shall not
represent or act as agent for any private interest, whether-
for compensation or not, in any transaction in which the
County has a direct and substantial interest and which could
reasonably be expected to result in a_conflict between tha
private interests of the officLaland his official County
responsibilities.
In addition, there shall be no attempt to influence any
proceeding between private interests and the County in which
law or agency regulation requires that a decision be made
solely on the record of formal hearing.
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ENFORCEMENT
d. Supplementary Employment - A County employee or appointed
or elected official employed by the County shall not engage
in or accept private employment or render services for
private interest when such employment or service is.incom-
patible or in conflict with the proper discharge of their
official duties or would tend to impair their independence
or judgment or action in the performance of the official
duties.
e. Investments in Conflict with Public Responsibilities - A
or elected official who par-
ticipates in the negotiations of contracts, the making of
loans, the granting of subsidies, the fixing of rates,
or the issuance of valuable permits or certificates to any
business entity shall not have, directly or indirectly, any
financial or personal interest in that business entity.
County employee or appointed
Any employee or appointed or elected official who violates the
provisions of this Code shall be subject to such disciplinary
action as is appropriate under the circumstances and in ac-
cordance with the rules and regulations promulgated by
6. BOARD OF ETHICS
A Board of Ethics is hereby established by the Oakland County
Board of Commissioners consisting of five memebers from the
• general public who are not personally subject to this Code
of Ethics and one of whom shall be designated as Chairman by
• the Chairman of the Board of Commissioners. The members shall
be appointed by and serve at the pleasure of the Chairman of
the Board of Commissioners. Three members of the Board shall
constitute a quorum and the affirmative vote of the majority
of those present shall be necessary for any action. Members
may not nominate an alternative or representative to cast votes
on any matter coming to the attention of the Board. Members
of the Board shall serve without salary but shall be reimbursed
for their actual and necessary expenses incurred in the per-
formance of their duties.
The Powers and Duties of the Board shall be as rellows:
a. To recommend from time to time such orders, rules, regu-
lations, and changes as it deems necessary and proper to
supplement, administer and implement or amend the pro-
visions of the Code of Ethics, which recommendations, when
approved by the Board of Commissioners shall become part of
this Code of Ethics.
b. To investigate and render advisory opinions to County
employees and appointed and elected officials or their
appointing authorities with respect to any matter or
transaction in which said employees and officials are involved
concerning the applicability of this Code of Ethics. The
Board may publish such advisory opinions with such deletions
as may be necessary to prevent disclosure of the identity
of the employee who may request such an opinion.
c. To investigate any alleged violation of the Code by
a County employee or appointed or elected official where
the appointing authority for the employee or appointed or
elected official involved inthe alleged violation shall
request the Board to make such investigation. A written
report of the results of the Board's investigation shall be
made to the appointing authority and the employee or ap-
pointed or elected official involved.
d. To investigate an alleged violation of the Code of Ethics
upon the written request of the Chairman of the Board of
Commissioners or any member of the Board of Commissioners
and to submit a written report to the requesting official
and the employee or appointed or elected official involved,
e. To conduct informal hearings prior to rendering an opinion
or report in any particular matter whenever the Board deems
• it appropriate for a hearing to be held or whenever a
County employee -who may_be substantially affected by the
opinion or report in the matter requests a hearing. Such
hearing may be held by the Board itself or by a-hearing .
officer_designated by the Chairman of the Board, whichever,
the chairman deems appropriate in any particular instance.
The chairman may designate as a hearing officer any member
of the Böard. Whenever a hearing is conducted by a hearing
officer instead of the Board itself, the hearing officer
must submit a written report of the hearing to the Board.
f. An opinion or report of the Board rendered under sub-
paragraph b, c and d may be utilized as a basis for any
administrative action appropriate under the circumstances
and in accordance with the rules and regulations promulgated
by the
The Board of Ethics is not empowered to take direct admini-
strative action but,-rather, its functionlahall be ;solely
advisory and investigatory as provided for herein. _
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