RESOLUTION NO. 7269
A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, ADOPTING AN ETHICS POLICY FOR MEMBERS OF THE GOVERNING BODY, APPOINTED OFFICIALS, AND EMPLOYEES OF THE CITY OF LAWRENCE, KANSAS, AND REPEALING RESOLUTION NO. 5403.
WHEREAS, the Governing Body of the City of Lawrence, Kansas, recognizes that the proper working of a representative and democratic government requires that elected officials, appointed officials, and employees of the City be independent, impartial, and responsible to the citizens of Lawrence, that government decision and policy be made appropriately and in accordance with the law, that public office or employment not be used for personal gain, and that the public have confidence in the integrity of its government; and
WHEREAS, in order to accomplish those goals and to promote and to further ethical and professional conduct on the part of elected officials, appointed officials, and employees of the City, the Governing Body hereby adopts the following Ethics and Professional Conduct Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. The Governing Body hereby adopts the following as its Ethics and Professional Conduct Policy:
City government exists to provide services to the public. Public acceptance of those services is based on public trust in elected officials, appointed officials, and City employees. Public trust is established through the effective operation of government and appropriate conduct by elected officials, appointed officials, and City employees. To that end, the City strives to foster an organizational culture based on honesty, integrity, professionalism, fairness, and accountability.
The City, through this policy, expects elected officials, appointed officials, and City employees to conduct the City’s business fairly, impartially, ethically, and in full compliance with all applicable, laws, ordinances, regulations, and policies. The City further expects that all elected officials, appointed officials, and City employees will comport themselves in such a fashion that their conduct will not create or foster questions regarding the City’s honesty, integrity, impartiality, and reputation, or that will otherwise cause embarrassment to the City.
Accordingly, no elected official, appointed official, or City employee shall do any of the following:
(1) Take any action in violation of the United States Constitution, the Kansas Constitution, federal law, federal regulations, state law, state regulations, local ordinance, local regulations, or City policy.
(2) Give special consideration, treatment, or advantage to any person beyond that which is available to every other person.
(3) Solicit, accept, or collect any fee, gift, or valuable thing from any person, organization, corporation, or other entity, which is involved directly or indirectly in doing business or seeking to do business with the City. Examples include, but are not limited to gifts of money, gift cards, meals, tickets (or payments for tickets) for banquets, sporting events, or entertainment events, other tangible items, sales discounts, or special sales.
(a) The foregoing shall not include promotional items of de minimis value. Examples include, but are not limited to mugs, hats, t-shirts, pins, books, or other items that might be given to elected officials, appointed officials, or City employees by persons or other entities appearing before or being recognized by the City.
(4) Use information obtained as an elected official, appointed official, or City employee to advance personal, financial, or other private interests.
(5) Represent a third party or any entity appearing before any City board, commission, or body upon which the appointed official or City employee currently serves. Elected officials are prohibited from representing a third party or any entity appearing before any City board, commission, or body.
(6) Selling, bartering, or trading with the City, acting as a contractor for the City, making any contract with the City, or acting on any matter for which the elected official, appointed official, or employee would have a conflict of interest in violation of the State’s Conflict of Interest laws, codified as amended at K.S.A. 75-4301a, et seq.
(a) For City employees, the prohibition of acting as a contractor or entering into any contract with the City shall extend for a period of one year, commencing on the date of said employee’s separation from the City.
(7) Appropriating City-owned property for personal use.
(8) Holding one’s self out as acting in behalf of the City, without having such authority or when one is not actually acting within the scope of his or her office or employment.
(9) Harassing or treating any person differently on the basis of race, sex, religion, color, national origin, age, ancestry, familial status, sexual orientation, disability, or gender identity.
(10) Retaliating against any person reporting any alleged violation of this policy.
Any City employee determined to be in violation or to have acted in violation of this policy shall be subject to discipline, including the possible termination of employment.
Any appointed official found to be in violation or to have acted in violation of this policy shall be subject to removal from office.
Any elected official found to be in violation or to have acted in violation of this policy shall be subject to censure by the Governing Body and may be subject to those remedies that may be available under State law, including but not limited to recall or ouster.
SECTION 2. Effective January 1, 2019, existing Resolution No. 5403 is hereby repealed in its entirety.
SECTION 3. After adoption by the Governing Body, this Resolution shall be in full force and effect commencing January 1, 2019.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, this ____ day of November, 2018.
APPROVED:
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Stuart Boley
Mayor
ATTEST:
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Sherri Riedemann
City Clerk
APPROVED AS TO FORM:
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Toni R. Wheeler
City Attorney