04-159Council File # _�__��
:��. ,,� :3
Green Sheet # b I O �
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee Date :
�a
1 An administrarive ordinance to amend the Saint Paul Administrative Code Chapter 24, Code of
2 Ethics, to facilitate title changes.
4
5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
Section 1
Section 24, Code of Ethics, of the Saint Paul Administrative Code is hereby amended to read as
foliows:
Sec. 24.03. Rules.
(A) Financial Interests:
(1) Prohibitions.
(i) Sale, lease or contract. Except as otherwise permitted by law, no city official or
employee shall knowingly be a party to or have a financial interest in any sale,
lease or contract with the city.
(ii) Interests of private employer. A city official or city employee, as defined herein,
who is authorized in his or her official capacity to take part in any manner in
making or cartying out any governmental action, including but not limited to,
making any sale, lease or contract, or deciding or recommending upon or issuing
licenses, zoning variances, zoning permits or determinations, street vacations, or
the acquisition or release of any interest in real property, shall not participate in
any manner in any govemmental action, if the governmental action would directly
or indirectly affect the financial interest of his or her employer. "Employer," for
the purpose of this secrion, excludes the City of Saint Paul, but inciudes a future
employer if there is in existence, at any time while such govemmental action was
pending with or before the City of Saint Paul, an orai or written agreement for
future empioyment of that official or employee with that employer. "Employment"
as used in the preceding sentence includes any agreement under which work or
services are to be performed for compensation. A city official shall abstain from
voting on any such governmental acrion. �
�
2
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
(iii) No actzon on czry matters for one year_ For one (1) year after ending employxnent ��'���
as a city official or employee, no such official or employee shall represent a client
other than the City of Saint Paul or another governmental entity, or perform work
for any employer other than the City of Saint Paul or another govemmental entity
on any matter, project or assignment (a) in which the City of Saint Paul is
substantially interested, and (b) on which such official or employee did any work
within six (6) months before leaving city employment, unless the said city, after
consultation and after public discussion b'y the council at a regularly scheduled
meeting, consents b}� resolution, finding that such consent will neither injure the
public interest nor impair the policy goals of the faregoing prohibition_ The term
"work," as used in the foregoing sentence, shall mean any decision, function, task,
assignment or activity which in fact involved, or would reasonably be deemed to
require, the use of judgment and discretion in balancing policy ob}ectives, and as
to which the said official or employee did in fact personally exercise such
judgment or discretion in carrying out such decision, function, task assignment or
activity. A"matter, project or assignment in which the City of Saint Paul is
substantially interested" for the purpose of this section shall mean any matter,
project, work, contract, assignment ar development in which the city has
expended or is obligated to expend fifty thousand doilazs ($50,000.00) ar more in
federal, state or local govenunental public funds. This subsection (iii} shall apply
to all city officials, as defined; provided, however, that this subsection (iii) shall
apply only to those city employees who had, within the six (6) months before
leaving city employment, the authority to make or recommend majar decisions
regarding the expenditure or inveshnent of public money. The term "another
governmental enrity" as used in this subsection (iii) shall include the state, the
University of Minnesota, and any office, department, boazd, commission, district,
authority or agency of the state, and any county, statutory or home rule charter
city, school district, special district, and any board, commission, district or
authority created pursuant to law, local ordinance or charter provision.
(iv) Disclosure of offers. A city official or employee who has received an offer of
employment, as defined in subsecfion (ii) above, if such city officiai or employee
is working on or has responsibility £or any matter, project or assignment in which
the City of Saint Paul is substantially interested, as defined in subsection (iii)
above, and if such offer of employxnent is made by anyone who has a direct or
indirect financial interest in such matter, project or assignment, shall prepare a
written statement disclosing the offer, its maker, and the terms and conditions of
the offer. Such written statement shall be delivered to the employee's superior and,
in the case of an official, to the City Clerk of the City of Saint Paul.
(v) Penalties. Any city official or employee who willfully and knowingly conceals
such a financial interest or willfully and knowingly violates the requirements of
this section shall be guilty of malfeasance in office or position which shall serve
as just cause for termination of an employee or which shall require resignation
from office by an elected official. Violation of this section shall render the
contract voidabie by the city council or by a court of competent jurisdiction. Any
monies paid as the result of such violation may be recovered by a joint and several
action from the parties to the sale, lease or contract and the city official or
employee interested in the same. If, by reason of an agreement for future
employment and pursuant to the prohibitions in subsection (ii) above, a city
official or employee is substantially unable to perform the duties of his or her
position, such inability shall constitute grounds far immediate termination of
1 employment. The terms "contract;' and "sa1e, lease or contract," as used in this
2 subsection (v) sha113nclude, for the purposes of the prohibitions in subsection (iii)
3 above, all agreements of whatever kind related to or arising out of any matter,
4 project ar assignment in which the City of Saint Paul is substantially interested
5 and as to which a city official or employee has violated the prohibitions in
@
subsection (iii) above.
8 (vi) Limitation on indirect fznancial interest. The terms "indirectly affect the financial
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
interest of' as used in subsection (ii} above, and "indirect financial interest" as
used in subsection (iv) above, shall not mean or include an interest which such
employer, or offeror of employment, respectively, shares or has in common with
all or a substantial number of others of the general public who share the same
interest (whether or not the degree or relative impact of such interest varies by
dollaz amount from person to person) as a result of residing in or doing business
in the City of Saint Paul.
(vii) Inclusion in city contracts. Notwithstanding any other provision of law or
ordinance to the contrary, and to the extent permitted by law, from and after the
effective date of this ordinance and this section 24.03(A), all contracts in or to
which the City of Saint Paul is a pariy shall be presumed to contain and
incorporate all the provisions and requirements of this ordinance and of this
section 24.03(A), as though all of such provisions and requirements were fully set
forth therein. All persons who contract with the City of Saint Paul are deemed by
operation of law to have knowledge of and assent to the application of such
provisions and requirements.
(2) Defznitions:
(a)
ro�
"City official" shall mean an elected official of the City of Saint Paul.
"City employee" shall mean a person who holds a classified or unclassified title in
the city service. "City employee" shall not inciude a city official or an independent
contractor.
(c) Financial interest shall mean any interest which shall yieid, directly or indirectly,
a monetary or other material benefit (other than duly authorized salary or
compensation for services to the city) to the official or employee, the spouse or
any dependent of such official or employee, the employer of such official or
employee (other than the City of Saint Paul), or to any other person who resides
with such official or employee.
(3) Permitted interests. Except as provided in section 24.03(A)(1)(ii), a city employee who is
not a public officer within the meaning of Minn. 5tat. § 471.87 may be a party to or have
a financial interest in the following sales, leases or contracts with the city;
(a) Collective bargaining agreements; provided, however, that no council member
who is also a member of, or on leave of absence from, the bargaining unit whose
collective bazgaining contract is being considered by the council under section
23.02 of the Administrative Code shall take part in any manner, at any time while
such member is both a meanber of the council and a member of the bargaining
unit, in any discussion, debate, consideration, approvai, ratification or making of
the collective bargaining contract for such bazgaining unit, or in any other contract
(y t.�151
as to that unit, which in either case is or might be construed to be a violation of
Minn. Stat. § 471.87. The foregoing proviso shall not apply to a council member
who is not deemed to be a member of a bazgaining unit under sections 23.02(3),
23.02(4} and 23.02(5) of the Administrative Code because of his or her execution
of a waiver and acceptance meeting all the requirements of those sections;
ro�
�G�
(d)
(e)
��
�b)
Pursuant to the provisions of state law, sales and purchases of surplus city
property;
Licenses;
Zoning variances;
Street vacations;
Acquiring or granting of easements;
Acquisitions of a real estate interest pursuant to the provisions of Chapter 51 of
the Saint Paul Legislative Code.
(B) Statements ofEconomic Interest:
(1) Defznitions:
(a) "Association." Business, corporation, firm, partnership, lunited parmership,
committee, labor organization, club or any other group of two (2) or more
persons, which includes more than an immediate family, acring in concert.
(b) "Business with which a public official is associated."
1. Any association doing business in Minnesota in connection with which a
pubiic official is compensated in excess of fifty dollars ($50.00) except for
actual and reasonable expenses in any month as a director, officer, owner,
member, partner, employer or employee, or is holder of securities worth
two thousand five hundred dollars ($2,500.00) or more at fair market
value.
2. Any association doing business in Minnesota in connection with which a
public official owes money except for customary household expenses,
retail credit accounts and mortgage contracts on the principal piace of
dwelling.
(c) "Financial interest." Any interest which shall yield, directly or indirectly, a
monetary or other material benefit (other than duly authozized salary or
compensation for services to the city) to the pubiic official, the spouse of the
public official and ail minor children within the custody and controi of the public
official.
(d} "Public official." For purposes of this subdivision, "public official" shall include:
�����
l. Members of the city council and their appointed aides;
2. The mayor and the mayor's appointed assistants and aides; O�,' �5�
3. The following individuals for as long as their titles aze exempt or
unclassified:
=. . .:. • .. :. .
Budget director.
Chief of police.
Deputy chief of police.
City attorney.
Deputy city attorney.
City clerk.
City information and complaint officer.
Director of community services.
Director of office of financiai services.
Property manager.
Director of human rights.
Director of pianning and economic development.
Deputy director--Community development.
Depury director--Downtown development.
Deputy director--Housing.
Deputy director--Neighborhood development.
Deputy director--Planning.
Director of public works.
Fire chief.
Assistant fire chief.
Labor relations �ireet�r mana�er.
�'er.�am�e� �direefar Director of the office of human resources.
Director of technolo�v.
1 (2) Contents. A statement of economic interest required by this section shall be on a form
2 prescribed by the city cierk. T'he public official filing it shall provide the following
3 information:
4
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3Q
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
(3)
(a)
�)
Name, address, occupation and principal place of business.
The name of each business with which the public official is associated and the
nature of that association.
(c) A listing of all real property within the city, excluding homestead property, in
which the public official has a fee simple interest, a contract for deed, an option to
buy, or any other financial interest, whether direct or indirect, and which interest
is valued in excess of two thousand five hundred dollars ($2,500.00). The filing
shall indicate the location of such property.
(d) The public o�cial's signature and certification of the veracity of the statement.
Filing. Unless precluded from doing so by state law, a public official or candidate for city
elective office shall file a statement of economic interest with the city clerk:
(a)
�)
Within ten (10) days of accepting employment as a public official; ar
Within fourteen (14) days after filing an affidavit of candidacy or perition to
appear on the ballot for an elective city office; or
(c) In the case of a public official whose appointment requires the advice and consent
of the city council, prior to the submission of the official's name to the city
council; and if there is insufficient time to file the statement before the name is
submitted to the city council, within ten (10) days after the duties of the office are
undertaken;or
(d) In order to compiy with any amendments to this chapter, within fourteen (14) days
after the effective date of those amendments or within fourteen (14} days after the
city clerk issues revised statement of economic interest forms where such revised
forms are necessary to comply with the adopted amendments.
A public official who is required to £�le a statement of economic interest shall file a
supplementary statement on April 15 of each year except those who file a statement during that
calendar yeaz under item (3)(a) of this subdivision.
Any public official who nominates or employs a public official required by this section to
file a statement of economic interest shall notify the city cierk of the name of the individual
required to file a statement and the date of the nomination or commencement of employment.
(4) Sanctions:
(a) The ciry clerk shall nofify by registered mail any public official who fails to fi1e a
statement of economic interest as required by this subdivision. Except for elected
officials and candidates, an individual who knowingly fails to submit a statement
of economic interest within seven (7) days after receiving notice from the city
clerk shall be suspended by his or her appoinring officer.
O�1,-15�
(b) Any public official who is required to file a statement of economic interest and Of•��15�
fails to do so after receiving notice from the city clerk or who signs and certifies to
be true a statement which he ar she knows contains false information or who
knowingly omits required information is guilty of a petty misdemeanor.
(C) Gifts:
(1) Definztion. The word "gift," as used in this subdivision, shall mean and include any gift,
fauor, service or services, money, or thing having any value, but shall not include any of
the following:
(a) A gift whose value does not exceed fifty dollazs ($50.00);
(b) The gift or receipt of otherwise permissible campaign contributions by or to
candidates for elective office, which contributaons are disciosed and reported as
required by Chapter 28 of the Saint Paul Legislative Code and any other
applicable provisions of law;
(c) The giving, receiving or exchange of gifts between officers and employees of the
city;
(d) The gift or receipt of awards, and memoriai plaques and trophies, having nominai
intrinsic value;
(e) The gift or receipt of tickets entitling the bearer to admission to a sporting,
theatrical, musical, testimonial, exhibiYion or other promotional event;
( fl The gift or receipt of a breakfast, lunch or dinner; or
(g) The giving, receiving or exchange of gifts between spouses and among relatives
up to and including the fourth degree of kindred according to the civil law.
(2) Prohibition. No public official or employee of the City of Saint Paul shail knowingly
receive any gift:
(a) From a person, firm or corporation having any business, administrative,
legislative, contractual or any other relationship with the city or any of its
departments or agencies; or
(b) From any person, fum or corporation where such gift would render or tend to
render the officer or employee susceptible to compromise or influence in any
matter relating to his office or employment with the city; or
(c) From any corporarion, labor union, partnership or professional association.
(3) Disposition of gifts. Any gift not authorized by this subdivision may be returned to the
donor or transmitted to the city treasurer or turned over to the city to be used by the city
or to be sold, with the proceeds of such sale deposited into the general fund of the city.
The chief accountant for the city shail be notified within seven (� days of the receipt of
any nonmonetary property not authorized by this subdivision.
(4) More restrzctive measures. Department and office directors may adopt more restrictive
measures dealing with definition of gift and prohibirion on gifts. Such measures must be O�'15�
in writing, reviewed by the city attomey, approved by the mayor, and filed in the office of
the city clerk.
(5) Sanctions:
(a) It shall be a misdemeanar for any public official or employee to do an act in
violation of this subdivision. It shali not be a misdemeanor to violate more
restricrive measures adopted by deparanent ar office directors.
(b) Where permitted or required by law, it shall be grounds for discharge, suspension
or other appropriate disciplinary action against a city employee or nonelected
public official for such employee or official to do any act in violation of this
subdivision.
(D) Lobbyists.•
(1) Defznition. "Lobbyist" shall be defined as any individual, firm or agency engaged by the
city far pay ar other consideration to market or promote the city, or to appear or speak on
behalf of, or otherwise represent, the clty on city policy issues.
(2) Disclosure. Any lobbyast retained by the city shall, at the tune of retention and quarterly
thereafter, file with the city clerk a complete list of all current clients of that lobbyist,
including representation of any type, full-time ar part-time. This requirement shall be
made part of the contract by which the city retains the services of such lobbyist.
(3) Conflict of interest. During its period o£ contract with the city, no lobbyist shail lobby the
city or city council on behalf of any other client nor on behalf of any other client represent
any interest(s) which conflict with any city policy or posirion.
Section 2
That this ordinance revision shail take affect and be in force thirty (30) days after its passage,
approval and publication.
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sfieet Green Sheet
�
c�t-t5�
DepartmenVO�ce/council: Date Initiated:
Mo — MaYm�s�ce 15 Green Sheet NO: 3010367
CoMact Person & Phone- Deoartment Sent To Person Initial/Date
ROyne Rofuth � 0 or's O�ce
2668710 p�� 1 a or's Office
Must Be on Councii Agenda by (Date): Number 2 ouncil
For
Routing
Order
Tofai N of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Changes to Administrative Ordinance, Chapter 24.
Recommendations: Appmve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has this person/firtn ever worked under a contract for this department?
CIB CommiMee Yes No '
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firtn passess a skill not nortnally possessed by any
- current ciry employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Administrarive Ordinance Code changes to Chapter 24. See attached.
Advantages If Approved: � . .
See above.
DisadvanWges If Approved:
None.
DisadvanWges If Not Approved:
Changes not made.
Total Amount of � CosURevenue Budgeted: §
irensaction: ��s�� �c�o�PPh ('°� �t'
Funding Source: " Activity Number: �
Financial Information: � 1 A� �(� 2Q�/d.
(ExPlain) ��i�