Athens City Code

1. (1) This chapter encompasses ethics regulations applicable to personnel of the municipality. It applies to all full-time and part-time elected or appointed officials and employees, whether compensated or not, including those of any separate board, commission, committee, authority, corporation, or other instrumentality appointed or created by the municipality. The terms "municipal" and "municipality" include these separate entities.
2. (2) State statutes dictate or relate to ethics provisions applicable to municipal officials and employees, including, but not limited to, the following:
   1. (a) Campaign finance: T.C.A. § 2-10-101 et seq.
   2. (b) Conflicts of interest: T.C.A. §§ 6-54-107, 6-54-108, 12-4-101, and 12-4-102.
   3. (c) Conflicts of interest disclosure statements: T.C.A. § 8-50-501 et seq.
   4. (d) Consulting fee prohibition for elected municipal officials: T.C.A. §§ 2-10-122 and 2-10-124.
   5. (e) Crimes involving public officials (bribery, soliciting unlawful compensation, buying and selling in regard to office): T.C.A. § 39-16-101 et seq.
   6. (f) Crimes of official misconduct, official oppression, misuse of official information: T.C.A. § 39-16-401 et seq.
   7. (g) Ouster law: T.C.A. § 8-47-101 et seq.

(Code 1995, § 1-501; Ord. No. 956, 6-19-2007)

For purposes of ACC 1-179 and ACC 1-180, the term "personal interest" means:

1. (1) Any financial, ownership, or employment interest in the subject of a vote by a municipal board not otherwise regulated by state statutes on conflicts of interests; or
2. (2) Any financial, ownership, or employment interest in a matter to be regulated or supervised; or
3. (3) Any such financial, ownership, or employment interest of the official's or employee's spouse, parents, stepparents, grandparents, siblings, children, or stepchildren.
4. (4) The term "employment interest" includes a situation in which an official or employee or a designated family member is negotiating possible employment with a person or organization that is the subject of the vote or that is to be regulated or supervised.
5. (5) In any situation in which a personal interest is also a conflict of interest under state law, the provisions of the state law take precedence over the provisions of this chapter.

(Code 1995, § 1-502; Ord. No. 956, 6-19-2007)

An official with the responsibility to vote on a measure shall disclose during the meeting at which the vote takes place, before the vote and so it appears in the minutes, any personal interest that affects or that would lead a reasonable person to infer that it affects the official's vote on the measure. In addition, the official may recuse himself from voting on the measure.

(Code 1995, § 1-503; Ord. No. 956, 6-19-2007)

An official or employee who must exercise discretion relative to any matter, other than casting a vote, and who has a personal interest in the matter that affects or that would lead a reasonable person to infer that it affects the exercise of the discretion shall disclose, before the exercise of the discretion when possible, the interest on a form provided by and filed with the city manager. In addition, the official or employee may, to the extent allowed by law, Charter, ordinance, or policy, recuse himself from the exercise of discretion in the matter.

(Code 1995, § 1-504; Ord. No. 956, 6-19-2007)

1. (1) An official or employee may not accept, directly or indirectly, any money, gift, gratuity, or other consideration or favor of any kind from anyone other than the municipality:
   1. (a) For the performance of an act, or refraining from performance of an act, that he would be expected to perform, or refrain from performing, in the regular course of his duties; or
   2. (b) That might reasonably be interpreted as an attempt to influence his action, or reward him for past action, in executing municipal business.
2. (2) The following are not deemed to be a prohibition against accepting any money, gift, gratuity, or other consideration or favor of any kind:
   1. (a) Any gift, excluding money, intended for all department heads, all members of the city council, or all members of any committee or board appointed by city council at or near a holiday given for a non-business purpose and motivated by the holiday season;
   2. (b) Any unsolicited token or award of appreciation in recognition of public service in the form of a plaque, trophy, desk item, or other similar item, provided that any such item shall not be in a form that can be readily converted to cash;
   3. (c) Informational materials in the form of books, articles, periodicals, other written materials, audio tapes, video tapes or other forms of communication;
   4. (d) Gifts that are given for a non-business purpose and motivated by a close personal friendship;
   5. (e) Sample merchandise, promotional items, and appreciation tokens if such merchandise items and tokens are routinely given to customers, suppliers, or potential customers, or suppliers in the ordinary course of business, the value of which to the official or employee does not exceed $50.00 per occasion or accumulative value of more than $100.00 to the official or employee during a calendar year from the same person or business entity; and
   6. (f) Food, refreshments, meals, or beverages, the value of which to the official or employee does not exceed $50.00 per occasion or accumulative value of more than $100.00 to the official or employee during a calendar year from the same person or business entity.

(Code 1995, § 1-505; Ord. No. 956, 6-19-2007)

1. (1) An official or employee may not disclose any information obtained in his official capacity or position of employment that is made confidential under state or federal law except as authorized by law.
2. (2) An official or employee may not use or disclose information obtained in his official capacity or position of employment with the intent to result in financial gain for himself or any other person or entity.

(Code 1995, § 1-506; Ord. No. 956, 6-19-2007)

1. (1) An official or employee may not use or authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage to himself.
2. (2) An official or employee may not use or authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage to any private person or entity, except as authorized by legitimate contract or lease that is determined by the city council to be in the best interests of the municipality.

(Code 1995, § 1-507; Ord. No. 956, 6-19-2007)

1. (1) An official or employee may not make or attempt to make private purchases, for cash or otherwise, in the name of the municipality.
2. (2) An official or employee may not use or attempt to use his position to secure any privilege or exemption for himself or others that is not authorized by the Charter, general law, or ordinance or policy of the municipality.

(Code 1995, § 1-508; Ord. No. 956, 6-19-2007)

An official or employee may not accept or continue any outside employment if the work unreasonably inhibits the performance of any affirmative duty of the municipal position or conflicts with any provision of the city Charter or any ordinance or policy.

(Code 1995, § 1-509; Ord. No. 956, 6-19-2007)

1. (1) The city attorney is designated as the ethics officer of the municipality. Upon the written request of an official or employee potentially affected by a provision of this chapter, the city attorney may render an oral or written advisory ethics opinion based upon this chapter and other applicable law.
2. (2) Except as otherwise provided in this section, the city attorney shall investigate any credible complaint against an appointed official or employee charging any violation of this chapter or may undertake an investigation on his own initiative when he acquires information indicating a possible violation and make recommendations for action to end or seek retribution for any activity that, in the attorney's judgment, constitutes a violation of this chapter.
3. (3) The city attorney may request the city council to hire another attorney, individual, or entity to act as ethics officer when he has or will have a conflict of interest in a particular matter.
4. (4) When a complaint of a violation of any provision of this chapter is lodged against a member of the city council, the city council shall either determine that the complaint has merit, determine that the complaint does not have merit, or determine that the complaint has sufficient merit to warrant further investigation. If the city council determines that a complaint warrants further investigation, it shall authorize an investigation by the city attorney or another individual or entity chosen by the city council.
5. (5) The interpretation that a reasonable person in the circumstances would apply shall be used in interpreting and enforcing this chapter.
6. (6) When a violation of this chapter also constitutes a violation of a personnel policy, rule, or regulation or a civil service policy, rule, or regulation, the violation shall be dealt with as a violation of the personnel or civil service provisions rather than as a violation of this chapter.

(Code 1995, § 1-510; Ord. No. 956, 6-19-2007)

An elected official or appointed member of a separate municipal board, commission, committee, authority, corporation, or other instrumentality who violates any provision of this chapter is subject to punishment as provided by the city Charter or other applicable law, and, in addition, is subject to censure by the city council. An appointed official or an employee who violates any provision of this chapter is subject to disciplinary action.

(Code 1995, § 1-511; Ord. No. 956, 6-19-2007)