Officials may be subject to new code of ethics

Elected officials got their first look at an ordinance that would adopt a Model Code of Ethics developed by the University of Tennessee Municipal Technical Advisory Service (MTAS).

The ordinance, will set down ethical guidelines for full-time and part-time elected or appointed officials and employees, as well as separate boards, commissions, and committees created by the city.

The Finance Committee got the first look at the ordinance which:

? Restricts personal interest ? The code requires anyone that has a personal interest to disclose that interest before a vote and remove themselves from the vote, as well as disclosing any personal interest in non-voting matters.

? Gratuities ? An official or employee cannot accept, directly or indirectly, any money gift, gratuity, or other consideration or favor of any kind from anyone other than the city.

? Use of information ? Disclosure of information obtained in an official capacity is forbidden.

? Use of municipal time, facilities, etc. ? Officials or employees cannot use or authorize the use of municipal time, facilities, equipment, or supplies for private use.

? Use of position or authority ? An official or employee cannot use or attempt to make private purchases, for cash or otherwise, in the name of the city. Also, they cannot use their position to secure any privilege or exemption for themselves or others that is not authorized.

? Outside employment ? No outside employment that unreasonably inhibits performance will be allowed.

Any complaints regarding violation of ethics will be turned over to the city attorney, who will be acting as ethics officer of the city. The complaint will be investigated and a recommendation of action will be given.

In the event a complaint is lodged against a city board member, the city board shall either determine that the complaint has merit, has no merit, or that the complaint has sufficient merit to warrant further investigation. The city attorney will perform the investigation.

In the case of conflict of interest, the city attorney may request the board to hire another attorney.

Although the ethics ordinance seems to be clear-cut, the punishment of violations isn?t.

?For violations, it?s very, very vague,? said city administrator David Rutherford. ?With my discussions with the city attorney, the discussions and input we need from you all is what do we need to do there. There needs to be some penalties.?

When it comes to employees, depending on the severity of the infraction, they could be terminated.

?We can?t terminate you all,? said Rutherford referring to the aldermen. ?We could probably put some kind of fines with a maximum of $50. You probably need to do that as well as a public censure. There is no sense to adopt something if there is no penalty.?

These penalties will only apply to the local ordinance. If any criminal activities violate state statutes, those offenses will be handled by the state.

It is required by the Tennessee General Assembly that all city and county governments must pass a Model Code of Ethics by July 1.

Because time is ticking way, Rutherford recommended that elected officials adopt this on first reading. Before the second reading, the city could make changes to the ordinance clarifying violation punishments for elected, appointed and hired city personnel.

Elected officials passed the ordinance on its first reading.