HomeMy WebLinkAboutOrdinance No. 20300
ORDINANCE NO. 20300
AN ORDINANCE CONCERNING A CODE OF ETHICS FOR
PUBLIC OFFICIALS; AND ADDING SECTIONS 2.480, 2.482,
2.484, 2.486 AND 2.488 TO THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Sections 2.480 through 2.488 are added to the Eugene Code, 1971, to
provide:
2.480
2.482
2.484
Public Official Code of Ethics - Definitions. Words and phrases used in
sections 2.482 to 2.488 of this code, shall have the meaning ascribed to
them in ORS 244.020, except that the following words and phrases are
defined as follows:
Business associate. For purposes of section 14(3) of the Eugene Charter
of 2002, "business associate" shall have the same meaning as "business
with which the person is associated" as defined by ORS 244.020(3).
Domestic partner. For purposes of Section 14(3) of the Eugene Charter of
2002, "domestic partner" means the other member of a domestic partnership
registered with the city under section 2.820 of this code, or the partner of an
elected official where the elected official or partner has publicly stated that
they are a couple.
Elected official. The mayor or a city councilor.
Executive Manager. The head or director of a city department and the
assistant city manager.
Public official. An elected official, budget committee member, planning
commission member, human rights commission member, police commission
member, city manager, executive manager, or municipal court judge.
Public Official Code of Ethics - Prohibited Actions. A public official is
prohibited from engaging in any act contained in ORS 244.040.
Public Official Code of Ethics - Methods of Handinq Conflicts of
Interest. The provisions set forth at ORS 244.120, except for ORS
Ordinance- 1
2.486
2.488
244.120(1 )(a) and 244.120(2)(b)(B), are hereby incorporated into this code
as the methods public officials shall use when met with an actual or potential
conflict of interest. A public official with an actual conflict of interest shall not
discuss, debate or vote as a public official on the matter in which the public
official has an actual conflict of interest.
Public Official Code of Ethics - Complaint Process.
(1) Complaints Aqainst Executive Mana,qer. When a written complaint is
made against an executive manager alleging a violation of section
2.482 or 2.484 of this code, and the complainant has affirmed the
truthfulness of the allegation(s), the complaint shall be reviewed and
investigated by the city attorney. The city attorney shall make an initial
determination as to the merits of the complaint.
(a) If the city attorney finds that the complaint is without merit, the
city attorney shall notify the city manager in writing of the
allegation and the finding. The city manager shall direct the
city attorney to investigate the matter further or direct the city
attorney to dismiss the matter.
(b) If the city attorney finds that the complaint has merit, the city
attorney shall provide an investigative report to the city
manager who shall handle the situation in the same manner as
other city employee matters.
(2) Complaints Against Elected or Appointed Official, City Manaqer, or
Municipal Court Judqe. When a written complaint is made against an
elected official, a committee or commission member appointed by the
council, the city manager or a municipal court judge alleging a
violation of section 2.482 or 2.484 of this code, and the complainant
has affirmed the truthfulness of the allegation(s), the complaint shall
be reviewed and investigated by the city attorney. The city attorney
shall make an initial determination as to the merits of the complaint.
(a) If the city attorney finds that the complaint is without merit, the
city attorney shall notify the city council in writing of the
allegation and the finding. Unless the city council directs the
city attorney to investigate the matter further, the city attorney
will dismiss the matter.
(b) If the city attorney finds that the complaint has merit, the city
attorney shall prepare an investigative report and forward the
report to the Oregon Government Standards and Practices
Commission. A copy of the city attorney's report also shall be
forwarded to the city council.
Public Official Code of Ethics - Intentional Violation by Elected Official.
If the city attorney prepares an investigative report on a complaint against an
elected official alleging an intentional violation of section 2.482 or 2.484 of
Ordinance - 2
this code for the purposes of obtaining or maintaining a personal financial
benefit or to avoid a financial detriment, the city attorney will forward a copy
of the investigative report to the city council. Upon receipt of the city
attorney's investigative report, the city council shall determine whether the
violation was intentional. Such a determination shall require six affirmative
votes. The city council may remove an elected official from his or her
position if the council determines that the elected official committed the
violation intentionally and for the purpose of obtaining or maintaining a
personal financial benefit for, or avoiding a financial detriment to, any of the
persons listed in subsection (3) of section 14 of the Eugene Charter of 2002.
Section 2. The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or
in other provisions of the Eugene Code, 1971, to the provisions added, amended or
repealed herein.
Passed by the City Council this
Approved by the Mayor this
27th day of October, 2003
Ci~ Recorder
27th day of October, 2003
~/ Mayor
Ordinance - 3