TOWN OF LEBANON, MAINE
Ethics Policy
October 2013
The Maine State Legislature through Title 30-A, Chapter 141, Section 3001 grants the Lebanon Board of Selectmen the authority to develop and administer an ethics policy that is binding upon every officer, official, employee, any person who represents or acts on behalf of the Town, any appointed or elected individuals of the Town of Lebanon as well as those who serve in the public trust of the Town of Lebanon.
Statement of Purpose.
Public office is a public trust. The trust of the public is essential for government to function effectively. Public policy developed and administered by municipal officials and employees affects every citizen of the Town of Lebanon, and it must be based on fiscal responsibility, transparency, honesty, integrity and fairness in deliberations and decisions. This process must be free from favoritism, threats, undue influence and all forms of impropriety, including the appearance of any of these, so that the confidence of the public is maintained at all times. By enacting this policy and program, the Town of Lebanon seeks to avoid any loss of trust and to maintain and increase the confidence of its citizens in the integrity and fairness of their government.
Application. This policy and program is applicable to and binding upon every officer, official, employee, any person who represents or acts on behalf of the Town of Lebanon, and every member of any board, commission and those who serve in the public trust of the Town of Lebanon.
Expectations.
It is expected that all Town of Lebanon officials, whether elected or appointed, and all Town employees, whether full, part-time, on-call, or volunteers in all departments, and any consultants or contractors providing service to the Town shall conduct themselves at all times with the highest degree of personal and professional integrity. Examples of these expectations include:
2. No person(s) bound by this policy shall take any official action upon any matter in which he or she or any family member has an interest that is in conflict with the proper discharge of his or her duties or employment in the public interest, or of his or her responsibilities as prescribed by the laws of this state. No person(s) bound by this policy shall participate in any matter where there exists an actual, potential, or perceived conflict of interest. For additional information please reference MRSA TITLE 30-A Section 2605 and the Town of Lebanon's policy regarding conflicts of interest as it applies to any Town official or employee.
3. Any person in public service who:a) has a direct or indirect financial interest in any matter regarding which such person has or may have any official duties or
b) for whom any family member has an interest that is in conflict with his/her duties or employment in the public interest,
Shall disclose that information to the Board of Selectmen, who shall record such information in their official minutes.
4. No person(s) bound by this policy or board or commission member shall influence or attempt to influence the outcome of any matter before a town board or commissionindependent of that board or commission’s established procedures or practices. Such
undue influence includes but is not limited to: discussions with a petitioner or applicant to a town board or commission outside of board or commission meetings or allowed
procedures, or with other groups or individuals attempting to influence the outcome of an issue.
5. No person(s) bound by this policy shall disclose confidential information concerning
Town affairs, nor shall he or she use such information to advance his or her own personal or financial interests or those of other persons.
6. The Town of Lebanon is committed to maintaining an atmosphere free from personal animosity that impairs impartial judgment. Intimidation; retaliation, or discrimination in all its public or private dealings involving employees, officials (elected or appointed), contractors, consultants, residents and members of the public is STRICTLY PROHIBITED.
7. All person(s) bound by this policy shall strictly adhere to the expectations of this policy in all social media activity whether it be starting an original thread or post or commenting on threads or postings previously established. (Refer to Maine Townsman July 2013, p. 35)
A procedure (see Lebanon Ethics Procedure) is in place for the reporting of any situation that does not meet the above expectations or is otherwise in conflict with the Lebanon Ethics Policy Statement of Purpose.
Compliance.The Ethics Policy and Program of the Town of Lebanon, as well as the personal and professional conduct of all Town officials, employees, contractors and consultants, shall comply at all times with applicable state law, the policies and ordinances for the Town of Lebanon, and any other applicable regulations. Where there is a conflict between this Policy and any portion of any collective bargaining agreement with any union local representing Town of Lebanon employees, the language of that agreement shall prevail.
Severability.
If any portion of this Policy is determined to be inappropriate or unenforceable, the remainder of the Policy shall not be affected.
Policy Administration:
Responsibilities of the Board of Selectmen:
The Board of Selectmen of the Town of Lebanon are designated the officers in charge of administration and interpretation of the Lebanon Ethics Policy.
They will:
1. Provide new Town officials, employees, and those who serve in the public trust of the Town of Lebanon a written copy of The Lebanon Ethics Policy and The Lebanon Ethics Procedure, Acknowledgement of Policy and Disclosure of Conflicts of Interest,
2. Review The Lebanon Ethics Policy and The Lebanon Ethics Procedure with new Town officials,
employees, and those who serve in the public trust of the Town of Lebanon.
3. Secure the signature of Town Officials, employees, and those who serve in the public trust of the Town of Lebanon on the Acknowledgement of Policy and Disclosure of Conflicts of Interest upon initial assumption of their respective positions and annually thereafter in June.
4. Maintain copies of all forms returned under the control of the Selectmen and a record regarding information from all respondents for the current year (including a record of those who declined to sign).
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5. Receive, research, and act upon any concerns or complaints with respect to compliance with this policy in a timely manner.
6. Implement the process outlined in the Lebanon Ethics Procedure to ensure a response to any ethics issues raised within ten (10) working days. The Chair of the Board of Selectmen or Designated Alternate may use his/her discretion in obtaining additional resources or assistance as needed.
TOWN OF LEBANON, MAINE
Ethics Procedure
October 2013
1. Any person may file a written ethics concern.
a. In the event that the ethics concern relates to the conduct of the Chair of the Board of Selectmen, the Board of Selectmen will designate an alternate ("Designated Alternate"). If the Board can not agree as to a Designated Alternate, the Town Clerk shall break the tie.
2. An ethics concern may be submitted in writing or communicated verbally (if appropriate) to any of the following persons:
a. The Chair of the Board of Selectmen or Designated Alternate
b. Any Board Chair, department head or supervisor who shall report the concern to the
Chair of the Board of Selectmen or Designated Alternate.
c. Any member of the Board of Selectman or Designated Alternate if a complaint or
concern involves the Chair of the Board of Selectmen personally.
3. All matters associated with an ethics concern shall be processed confidentially in executive session unless specified by this procedure.
4. Upon receipt of a complaint, the Chair of the Board of Selectmen or Designated Alternate shall present the complaint to the Board of Selectmen who will evaluate the issue raised and determine if the issue raised is subject to the Lebanon Ethics policy.
a. If the Board determines that the issue raised in the complaint is not subject to this policy, the Chair of the Board of Selectmen or Designated Alternate shall notify the complainant and the Board of Selectman in writing. A record of this complaint will be maintained in the office of the Selectmen.
b. If the Board determines that the issue raised in the complaint is subject to this policy, the Chair of the Board of Selectmen or Designated Alternate shall:
i. Notify the respondent (subject of the complaint) of the nature of the issue and
the right to submit evidence related to the issue.
ii. Notify the complainant and the Board of Selectmen in writing that an
investigation has been initiated.
iii. Initiate an investigation relating to the issue raised by the complainant.
1. Care must be exercised to maintain the confidentiality of the
investigation.
2. Investigative resources will be determined by the Chair of the Board of Selectmen, Designated Alternate or the Board of Selectman.
5. At the next regular meeting of the Board of Selectman, the Chair of the Board of Selectmen, or the Designated Alternate shall advise the Board in executive session of the nature of the alleged ethics concern and the status of any investigation.
6. If, as a result of the investigation, the Chair of the Board of Selectmen or Designated Alternate determines that there is not adequate evidence that an ethics violation has occurred:
a. All parties shall be so advised confidentially by certified mail of the reasons
therefore, and
b. The Board of Selectmen shall be so advised in executive session at their next regular meeting.
7. If the Chair of the Board of Selectmen or Designated Alternate determines that adequate evidence exists that an ethics violation has occurred, the Board of Selectmen shall be so advised in executive session, stating the relevant facts determined by the investigation. The parties concerned shall be permitted to be present in order to provide input.
8. The Board of Selectmen shall consider the facts presented and shall determine whether additional action should be taken, which may include submission to the State Ethics Board and/or enforcement of disciplinary action. Once a decision has been made by the Board, that decision shall become public information and be contained in the Board's official minutes as to not violate the public's right to know.
a. A majority of votes of the full Board of Selectman is necessary to uphold the decision of the Chair of the Board of Selectmen or Designated Alternate.
b. If the Board of Selectmen does not concur in the findings of the First Selectman or Designated Alternate, the Board shall direct the Chair of the Board of Selectmen or Designated Alternate to so notify the parties concerned, and the matter shall remain confidential.
TOWN OF LEBANON, MAINE
ETHICS DISCLOSURE
October 2013
Conflicts of Interest
I understand that I have a continuing obligation to report promptly to my supervisor or the Chair of the Board of Selectmen all situations in which an actual or potential conflict of interest exists, or any situation that might have the appearance of being or creating a conflict of interest. I have described below any current or potential conflicts of interest as discussed in the Ethics Policy of the Town of Lebanon.
_____ I do not have any actual or potential Conflicts of Interest to disclose.
OR
_____ I do, or may have, an actual or potential Conflict of Interest described below:
Nature of the conflict(s):
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
List any actions that have been taken to mitigate or resolve the conflict(s):
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Signature________________________________________
Print Name______________________________________
Position_________________________________________
Date____________________________________________
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