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HomeMy WebLinkAboutResolutions - 1974.10.15 - 15307Misc. 6865 October 15, 1974 BY: COMMITTEE ON ORGANIZATION - Wilbur V. Broti-serton, Chairman IN RE: CODE OF ETHICS FOR COUNTY EMPLOYEES AND ELECTED AND APPOINTED OFFICIALS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS Miscellaneous Resolutions #6733 and #6862 both proposed the adoption by this Board of an Oakland County Code of Ethics and Procedures; and WHEREAS your Committee on Organization recommends that Miscellaneous Resolution #6862 be amended and, in its amended form, be adopted by this Board of Commissioners; NOW THEREFORE BE IT RESOLVED that the Code of Ethics for County Employees and Elected and Appointed Officials, as attached hereto, be adopted. BE IT FURTHER RESOLVED that Miscellaneous Resolution #6733 not be adopted. The Committee on Organization, by Wilbur V. Brotherton, Chairman, moves the adoption of the foregoing resolution. COMMITTEE ON ORGANIZATION Wilbur V. Brotherton, Chairman Co-Sponsor - Lawrence R. Pernick Brotherton-Pernick Proposa" (Revised by Comm. on Org., 10/10/74) 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 ofan 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. 3. RESPONSIBILITIES OF COUNTY EMPLOYEES AND APPOINTED AND ELECTED OFFICIALS County employees and appointed and elected officials are agents of the public and, while performing duties 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 of their ability without regard to age, race, creed, sex, national origins. 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. Public trust 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 - A 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. b. 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 Gounty has 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 the private interests of the officialand 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 he made solely on the record of formal hearing. - 2 - 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 incompatible 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 County employee or appointed or elected official who participates in the negotiations of contracts, the making of loans, the granting of subsidies, the fixing of rates, or the issuance of valuable per- mits or certificates to any business entity shall not have, directly or indirectly, any financial or personal interest in that business entity. 5. ENFORCEMENT a. 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 accordance with the rules and regulations promulgated by the Oakland County Board of Commissioners. b. Any elected or appointed official who alleges, accuses or brings to the public attention the alleged wrongdoing or conflict of interest as provided for within the Code of Ethics adopted by the Oakland County Board of Commissioners which shall be later determined by the Ethics Commission to have been either malicious in intent or care- lessly made without due consideration for the rights of the accused as to his reputation and office shall be subject to action by the Ethics Commission that may include recom- mendation of censure by the Board of Commissioners. A public statement to the effect that such accusation was indeed false and misleading and in the opinion of the Commission was intended to malign the reputation of the accused or that such accusation or allegation was loosely made without proper care and consideration given for the reputation of the accused. The action of the Board of Commissioners as a result of such findings by the Ethics Commission shall be at the determination or vote of the majority of the Board of Commissioners. 6, BOARD OF ETHICS A Board of Ethics is hereby established by the Oakland County Board of Commissioners consisting of five members from the general public who are not personally subject to this Code of Ethics. The members shall be appointed by and serve at the pleasure of the Board of Commissioners. The Chairman of the Ethics Board shall be selected by and from within the membership of the Ethics Board. 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 alternate 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 performance of their duties. The Powers and Duties of the Board shall be as follows: a. To recommend from time to time such orders, rules, regulations, and changes as it deems necessary and proper to supplement, administer and implement or amend the provisions 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 trans- action in which said employees and officials are involved, concerning the applica- bility 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. -3- 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 in the 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 appointed 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. 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 Oakland County Board of Commissioners. g. The Board of Ethics is not empowered to take direct administrative action but, rather, its function shall be solely advisory and investiga;ory as provided for herein.