1423 ORDINANCE NO, 1423 ( #11 - 2011)
AN ORDINANCE AMENDING THE CITY OF JACKSONVILLE
PERSONNEL POLICY MANUAL; AND, FOR OTHER PURPOSES.
WHEREAS, in review of recent modifications in various provisions of the City
of Jacksonville Personnel Policies and Procedures Manual, the City Council of the
City of Jacksonville deems it appropriate to update and modify an additional
applicable policy.
NOW THEREFORE BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: The City of Jacksonville, Arkansas, Personnel Policy
Manual, as originally approved by Ordinance No. 1000 and modified thereafter, is
hereby amended and modified to include the additions, deletions, and modifications
as included, outlined, and specified herein.
SECTION TWO: Jacksonville Personnel Policy Manual, Section 7.75 -
Code of Business Conduct - is hereby created and adopted to include the following
provisions and requirements:
7.75.01 - This Code of Business Conduct sets out basic principles and
standards of conduct to guide all elected officials, appointed officials, employees and
volunteers who represent the City in any capacity. The Code is to promote public
confidence in the integrity of City government and its effective and fair operation.
This Code is a means to employ independent, objective judgment in the
performance of municipal duties. Municipal matters are to be based on merit, free
from avoidable conflicts whether real or apparent.
The City of Jacksonville is committed to treating public services as a public
trust. The City desires to use the power and resources of public service to advance
the public trust and not for the purpose of attaining personal or private benefit. The
City does not want this policy to discourage anyone from serving the City in any
appointed, elected or volunteer position. Some municipal representatives, such as
independent contractors, vendors, and volunteers, may conduct business with the
ORDINANCE NO. 1423 ( #11 -2011)
Page Two
City in their capacity as business persons. However, under this Policy, those same
municipal representatives would be required to abstain or excuse themselves when
a decision they influence may provide personal benefit or gain to them.
The Code of Business Conduct addresses standards for ethical behavior by
municipal representatives. As with any policy, it is not possible to provide guidance
for all improper business practices. If a situation arises which is ambiguous or is not
specifically addressed by this Code, municipal representatives should avoid the
conflict of interest or compromising action. If a municipal representative has
questions or concerns, he or she may contact the City Attorney for guidance.
7.75.02 - Definitions
A. Appoi officials — Persons appointed to serve or confirmed to serve
on any municipal board, commission, authority or committee as
authorized in the City of Jacksonville Code of Ordinances and
Arkansas law, specifically including, without limitation, boards,
commissions, authorities or committees having status as a public body
corporate and political independent of the City of Jacksonville;
B. Arkansas Ethics Commission — The Commission established by
Arkansas statute ACA § 7 -6 -217 to review reported violations of
conduct by elected and appointed officials;
C. Business entity — Any of the following entities whether or not carried
on for the purpose of profit: business, sole proprietorship, firm,
partnership, unincorporated association, venture, trust, or
corporation;
D. Contract — Any arrangement or agreement pursuant to which any
material, service or other thing of value is to be furnished for a
valuable consideration or is to be sold or transferred. For purposes of
this Code, "Contract" does not include:
1. Contracts awarded to the lowest responsible bidder
based on competitive bidding procedures;
2. Merchandise sold to the highest bidder at public
auctions;
3. Investments or deposits in financial institutions which
are in the business of loaning or receiving monies;
ORDINANCE NO. 1423 ( #11 -2011)
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4. Contracts with a corporation in which a municipal
representative exercising an official action holds a de
minimus interest, i.e., Five Percent (5 %) or less.
E. Employee — Any person holding any paid position of employment with
the City;
F. Fiduciary Duty — A responsibility of, relating to, or involving a
confidence or public trust;
G. Gift — Any payment, entertainment, advance, services, or anything of
value, unless consideration of equal or greater value has been given
therefore. Per State law, an allowable gift to public officials is
anything which is Fifty Dollars ($50.00) or less in value;
H. Independent Contractor — A person or entity other than an officer or
employee who is paid for services rendered to the City pursuant to a
contract for services and any officer, employee, agent, volunteer, or
subcontractor of such people or entity;
Interest — A substantial interest held by an individual that is:
1. An ownership in a business;
2. A creditor interest in an insolvent business;
3. An employment or a prospective employment for which
negotiations have begun;
4. An ownership interest in real or personal property;
5. A loan or any other debtor interest; or,
6. A directorship or officer's position in a business.
The term "Interest" is intended to reflect a pecuniary, property, or
commercial benefit, or any other benefit the primary
significance of which is economic gain or the avoidance of
economic loss, but does not include any matter in which a
similar benefit is conferred to all persons or property similarly
situated. An interest of the following persons and entities will
be deemed to constitute an interest of municipal
representative:
a. Any relative of a municipal representative;
b. Any business entity in which the municipal
representative is an officer, director, employee, partner
ORDINANCE NO. 1423 ( #11 -2011)
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or owner; or,
c. Any business entity in which the municipal
representative owns or controls shares of stock, the
aggregate of which constitutes more than One Percent
(1 %) of the shares of the business entity then
outstanding. Participation in a stock mutual fund shall
not be considered an interest in a business entity of
which the mutual fund owns or controls shares of stock;
J. Municipal representative — An officer, elected official, appointed
official, employee, independent contractor, or volunteer of the City,
including candidates for elected positions;
K. Officer — All elected or appointed officials including, but not limited to:
1. Mayor;
2. Alderman;
3. District Judge;
4. City Clerk/Treasurer;
5. City Attorney;
6. Police Chief;
7. Fire Chief;
8. Any Department Director or other designated Supervisor;
and /or,
9. Any Commission Member, Board Member, or other
appointed official(s).
L. Relative — Any person related to a municipal representative by blood
or marriage, in any of the following degrees: parents; spouse;
child[ren]; stepchild[ren]; brothers; sisters; parents -in -law; nephews;
nieces; aunts; uncles; first cousins; grandparents; grandchild[ren];
and, child[ren] -in -law. A separation between spouses shall not be
deemed to terminate relationships described herein;
M. Verified Complaint — A written complaint containing a statement
signed by a person indicating he or she has personal knowledge of
the allegations of the complaint and knows them to be true; and,
N. Volunteer — Any person who is appointed or authorized to act on
behalf of the City in any manner without compensation.
•
ORDINANCE NO. 1423 ( #11 -2011)
Page Five
7.75.03 - Code of Business Conduct
A. Conflicts of Interest
Municipal representatives must avoid conflicts of interest involving the
City or its business. A conflict of interest occurs when an individual's
private interest interferes in any way, or even appears to interfere,
with the interests of the City as a whole. A conflict situation can arise
when a municipal representative takes actions or has interests that
may make it difficult to perform his or her work for the City objectively
and effectively. Conflicts of interest also arise when a municipal
representative or their relatives receive improper personal benefits
with the City. In accordance with State laws, officers will disclose
financial interests and will abstain from participating in deliberations
and decision - making where conflicts may exist.
In the event that a municipal representative considers that a personal
association may cause or appear to cause a potential conflict of
interest, he or she may declare such in writing and request that the
declaration be kept on file.
B. Impartiality in the Performance of Duties
Municipal representatives will perform their duties without regard for
personal benefit.
C. Financial Interests
A municipal representative is prohibited from engaging in a financial
transaction for his or her private business purposes as it relates to
City business. Furthermore, a municipal representative will not
perform an official act, to its economic benefit, a business or other
undertaking in which he or she either has an interest or is engaged as
counsel, consultant, representative, or agent.
D. Representation before Boards, Committees, or Commissions
A municipal representative will not appear before the City Board of
any commission or committee on matters for which or over which he
or she sits nor has supervisory or advisory responsibilities, except in
the official representation of the City.
ORDINANCE NO, 1423 ( #11 -2011)
Page Six
E. Political Activities
Officers are nonpartisan. There will be no partisan references or
campaigning for political office at meetings of the Board of any City
commission or committee. Partisanship will not be a factor in any
official action of any municipal representative.
Laws governing employee involvement in political activities shall be
adhered in accordance with federal and state laws. Specifically, ACA §
21 -1 -501 et. seq. will be followed.
F Misuse of Position
All municipal representatives have a fiduciary duty to refrain from
using their positions in any manner for personal or private gain or
which is detrimental to the public good. Municipal representatives
must be mindful that the appearance of impropriety can be as
corrosive as an actual impropriety, and must strive to avoid situations
which may create an appearance of impropriety.
G. Misuse of City Assets
Municipal representatives must not request, direct or permit for
personal use the use of any City vehicle, equipment, or facilities not
available to the general public. City funds and resources shall not be
directed for personal use or gain by municipal representatives.
H. Confidential Information
Municipal representatives shall respect the confidentiality of
information concerning City property, personnel, or proceedings of the
City. They shall neither disclose confidential information without
proper authorization, nor use such information to advance their
personal interests.
Nepotism
1. Employment Procedures. It shall be a violation of the Code to
engage, hire or appoint a relative of a municipal representative unless
the City's personnel policies applicable to such employment
appointment have been followed.
2. Terms of Engagement. Municipal representatives are prohibited
from influencing or attempting to influence the compensation,
ORDINANCE NO. 1423 ( #I1-2011)
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benefits, or other terms and conditions or engagement by or service
to the City applicable to any relative of a municipal representative.
1 Gilts
Gifts in value greater than Fifty Dollars ($50.00) shall not be accepted
municipal representatives for services or official actions while
performing official duties of his or her position. The acceptance of
cash or the equivalent is never permitted. Municipal representatives
shall not solicit gifts. The City follows State law regarding the
definition of gifts in ACA § 21 -8 -401 through § 21 -8 -804.
K. Outside Employment or Service
Municipal representatives shall not engage in or accept any
employment or services, other than employment by the City, if such
employment or service reasonably would tend to impair the municipal
representative's independence of judgment in the performance of his
or her duties. Outside employment by employees must follow
applicable City personnel policies.
L. Fund - raising Activities
Political fund - raising is prohibited by municipal representatives on City
time, in a City uniform, and in City workplace. Charitable fund - raising
by employees in a City workplace and on City time must be approved
by the City Administrator.
M. Contracts with the City
Municipal representatives shall not be engaged as a vendor or
independent contractor with the City when their City position is a
factor in the decision - making process and the relationship would
create a conflict of interest.
M Crimes
Municipal representatives may be removed from their position if
convicted of a felony or a misdemeanor which relates directly to their
official duties.
0. Discrimination
Municipal representatives shall not violate any federal, State, or City
laws prohibiting discrimination.
ORDINANCE NO. 1423 ( #11 -2011)
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P. Sexual Harassment
Municipal representatives shall not violate any federal, State, or City
laws prohibiting sexual discrimination.
Q. Retaliation
Municipal representatives shall not violate any federal, State, or City
laws prohibiting retaliation, including retaliation against whistle
blowers or those filing claims against the City. Specifically, ACA § 21-
1 -601 et. seq. will be enforced.
R. Similar Conduct
Other similar conduct which threatens the public confidence in the
integrity of government including, but not limited to, illegal conduct,
conduct which puts self- interest before public interest, or conduct
involving dereliction of duties is prohibited.
S. Other Policies or Rules of Conduct
A municipal representative may be required to follow more stringent
policies or rules of conduct, such as departmental personnel policies.
The more stringent policies or rules must be followed.
7.75.04 - Enforcement
A. Complaints
A verified complaint in writing, signed by someone with personal
knowledge of the facts giving rise to the complaint, which states the
name of any person alleged to have committed a violation of the Code
and which sets forth the particulars thereof shall be reported to:
1. Arkansas Ethics Commission for violations involving elected
officials;
2. City Council for violation involving appointed officials and
volunteers; and,
3. Director of Human Resources for violation involving
employees.
The filing of a frivolous complaint by a municipal representative shall
be a violation of this Code.
ORDINANCE NO. 1423 ( #11 -2011)
Page Nine
B. Investigation
Following receipt of an internal or external verified complaint or upon
receipt of other information, whether or not under oath, that provides
a reasonable basis to believe that a violation of the Code has been
committed or that an investigation of a possible violation is warranted,
the City's Human Resources Director will provide a written report
within five business days of receiving the complaint. If evidence
exists that a violation has occurred, the violator shall be notified and
the report shall be presented to the appropriate level of authority.
C. Corrective Action and Sanctions
If a violation has been determined, the Arkansas Ethics Commission,
Council Members, or Director of Human Resources shall recommend
an appropriate penalty or corrective action in accordance with
applicable laws and /or City personnel policies.
SECTION THREE: All Ordinances or parts thereof in conflict herewith
are hereby repealed to the extent of said conflict.
SECTION FOUR: This Ordinance shall take effect from and after its
date of passage, subject to and in compliance with all applicable laws.
' ' OVED AND ADOPTED THIS 21 DAY OFJUL Y 2011.
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