Proposed Leelanau Ethics Policy
Leelanau County Code of Ethics
(No ethics panel.)
I. PURPOSE
The purpose of this policy is to establish ethical guidelines for public officers and employees of Leelanau County. Public office and employment must foster confidence in the integrity of government. Therefore, it is expected that all County Commissioners, county-wide Elected Officials, appointees of the Board of Commissioners, and employees of Leelanau County will perform the duties of their offices or employment with an emphasis on fairness, responsibility to the public they serve, fiscal accountability, and transparency. This policy shall set forth the minimum standards of ethical conduct in matters related to county affairs.
This policy supplements and does not replace Leelanau County Board Policy 1.07, the non-union personnel policy.
II. GUIDELINES FOR PUBLIC OFFICERS AND EMPLOYEES
A.
Work for the common good of the people of Leelanau County and not for private or personal interests. Officers and employees should strive to provide fair and equal treatment for all people, claims, and transactions. Treat with respect all people living within, visiting, and conducting business with the County.
B.
Comply with the Constitution of the United States, the Michigan Constitution, Michigan and federal law, and Leelanau County policies and procedures in the performance of public duties. Commissioners shall comply with the regulations and policies that they adopt.
C.
Not solicit or accept a gift, loan of money, goods, services, benefits, privileges, favors, position, or any thing of value which might be interpreted to influence the way official duties are performed. Exceptions to this provision are:
Opportunities, benefits, and services that are available on the same conditions as for the general public.
Any contribution that is lawfully made or event that is lawfully held under the Campaign Finance Laws of the State of Michigan.
Anything provided to an individual affected by this policy based solely upon a personal friendship. An exception is not provided should there be reason to believe that, after a preponderance of the circumstances, the gift was provided because of the official position of the recipient and not because of personal friendship.
Food or refreshments not exceeding $75.00 per person in value on a single calendar day.
D.
Use County resources, property, and funds judiciously and solely in accordance with prescribed constitutional, statutory, regulatory, and county policy procedures. Neither county resources, property, nor funds may be used for personal gain or benefit.
E.
Not engage in a business transaction which may profit from his or her official position or authority. Affected personnel must not benefit financially from confidential information that has been obtained through their position.
F.
Except as otherwise permitted by law, not participate in the negotiation or execution of contracts, making of loans, granting of subsidies, fixing of rates, issuance of permits or certificates, or other regulation or supervision relating to a business entity in which he or she has a personal or financial interest.
G.
Not participate in approving, disapproving, voting upon, recommending, or otherwise acting upon any matter in which he or she has a direct or indirect financial interest. All public officials attending public meetings, including Commissioners and the County Administrator, shall disclose the full nature and extent of the interest prior to discussion of the issue. If a question persists, a vote of the board, committee, or commission shall determine whether the person should be recused from the topic. If recused, the person would leave the meeting room during the discussion and vote.
H.
Not engage in or accept private employment or render services for a private interest when such employment or service is incompatible or in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties.
I.
Not engage in harassment or harassing behavior of any other person having dealings with the County.
J.
Respect the privacy of employees. Employee records will be used only as necessary for business needs. Employee information shall only be shared for business reasons consistent with applicable law.
K.
Protect County assets, such as equipment, supplies, cash, inventory, and information, against misuse and/or misappropriation. If such abuse becomes known, it must be reported to the proper authority.
L.
Maintain security for County information that is shielded from release by the Michigan Freedom of Information Act. Such information includes documents, files, and databases that may be kept on paper, electronically, or on film. Retention and destruction of such information shall be done only in accordance with guidelines set by state laws, state regulations, and county policy.
M.
Leelanau County has developed specific policies regarding use of County e-mail, the Internet, and the County’s intranet while on County time or using County computers. All data stored on County computers and networks, including email either received or sent, is considered County property and is not private. Release of county-owned public information shall be allowed unless restricted by state or federal law.
N.
Unless expressly authorized by the County Board of Commissioners or an elected county official, an employee or appointed official shall not use the official County seal for private use.
O.
An employee or elected or appointed official may express personal views with respect to public issues. However, he or she shall not, by use of his or her position or otherwise, represent those personal opinions or views as those held by the County.
III. DEFINITIONS
A. “Conflict of Interest” means either of the following (Note “Commissioner” is used below but these definitions may be applied to county-wide elected officials, appointees, and county employees):
A direct personal interest of the Commissioner, a current business partner of the Commissioner, a Commissioner’s immediate family member, or a Commissioner’s immediate family member’s current business partner in the outcome of a cause, proceeding, application, or other matter pending before the body. Although the facts of a given situation may not rise to a legally prohibited conflict of interest, these types of direct personal interests should be disclosed and reviewed prior to acting on a matter before the Board of Commissioners.
A direct financial interest of the Commissioner, a current business partner of the Commissioner, a Commissioner’s immediate family member, or a Commissioner’s immediate family member’s current business partner in the outcome of a cause, proceeding, application, or other matter pending before the body. Although the facts of a given situation may not rise to a legally prohibited conflict of interest, these types of direct financial interests should be disclosed and reviewed prior to acting on a matter before the Board of Commissioners.
B.
“Current Business Partner” means a person or company with which the Commissioner or the Commissioner’s immediate family member is sharing business ownership or management. This would also include the Commissioner’s or immediate family member’s employer.
C.
“Direct Interest” whether personal or financial, is direct if all of the following apply: (1) not common to other members of the Commission, (2) connected to the Commissioner, immediate family member, or current business partner without conjecture, and (3) connected to the Commissioner, immediate family member, or current business partner without multiple intervening parties or factors.
D.
“Disclose” means a full and honest description of the relationship or interest that underlies the conflict of interest or reasonable appearance of a conflict of interest. This disclosure must take place either (1) in writing prior to an open meeting where the matter or cause is to be deliberated or acted upon, or (2) during the open meeting but prior to the matter or cause being deliberated or acted upon.
E.
“Financial Interest” means a pecuniary interest that could accrue gain or suffer loss due to the outcome of the cause, proceeding, application, or other matter.
F.
“Gift” does not include promotional items of nominal value such as calendars or pens. “Gift” also does not include “give-away” items or prizes that are provided at conferences, seminars, or formal training sessions, so long as such items are equally available to all attendees. “Gift” also does not include any donations that have been made to a county office or department for the general use by the office or persons served by the office.
G.
“Immediate Family Member” means a spouse, domestic partner, child (including stepchild), parent (including stepparent), grandparent, sibling, aunt or uncle, or brother- or sister-in-law.
H.
“Personal Interest” is an interest where a non-financial benefit would inure to the Commissioner, immediate family member, or current business partner.
IV. REPORTING
(complaintee retained as requested)
Minor fixes:
removed spacing issues
standardized punctuation
“County-wide Elected Officials” capitalization consistent
VI. ENFORCEMENT
A.
In the event a County Board decision results in the finding of a policy violation of the Code of Ethics by a County Commissioner:
The County Board will at a public meeting discuss and vote on a motion to censure the complaintee.
The complaintee shall be given an opportunity to address the County Board prior to Commissioner discussion and the vote.
The complaintee must be recused from the Board of Commissioners’ discussion and vote, leaving the meeting room during those events.
B.
A County Administrator found to have violated the Code of Ethics may be subject to a range of disciplinary actions including dismissal under terms of his or her contract.
C.
Appointees of the Board of Commissioners to commissions, committees, and boards who violate the provisions of this Code of Ethics will be subject to provisions within MCL 46.11(n) or disciplinary action up to and including removal from office and/or censure.
D.
A county-wide Elected Official may be subject to censure by the Leelanau County Board of Commissioners. He or she may also be required to make a report under oath to the County Board pursuant to MCL 46.11(k).
E.
The County Administrator shall determine the penalty for an infraction by an employee under his or her direct authority following consultation with the appropriate department head, if one is within the chain of authority. County elected officials such as the Clerk, Treasurer, and Sheriff shall determine the penalty for an infraction by an employee under their direct authority. In all cases, a report of the infraction and penalty shall be provided to the County Board of Commissioners.
F.
Unionized employees in violation of this Code of Ethics will be disciplined as allowed under their union contract.VII. ENFORCEMENT CONSIDERATIONS
In considering the appropriate penalty for an infraction of this policy, several factors should be considered:
A.
Whether the complaint was well-founded or the degree to which the actions complained of were unethical. No corrective measures may be necessary.
B.
Was the Code of Ethics infringed upon in a technical or intentional sense? Was the matter complained of immaterial, unavoidable, or insubstantial to the point that no corrective action is warranted?
C.
Was there an underlying reason that the complaint could not be mediated? Was there a disagreement between the writer of the complaint and the person named in it?
D.
Was assurance given by the person named in the complaint that such a situation shall not arise again?
E.
Were appropriate suggestions made by or to County staff as to improve methods of handling similar situations in the future?
F.
Suggest possible amendments to Board Rules of this Code of Ethics, or any other policies of the County to minimize the likelihood of future issues.
G.
Issue a public statement or letter regarding the person’s conduct, including, but not limited to, findings regarding the alleged ethical violation, and provide supporting documentation and detail as warranted.
H.
If appropriate, contact appropriate prosecutorial agencies regarding potential criminal investigation and charges.
Note:Any questions related to the content of this policy, or its interpretation, should be directed to Human Resources.
