Lebanon Board of Selectmen Enact New Town of Lebanon Ethics Policy at Monday Evening Meeting

TOWN OF LEBANON, MAINE
Ethics Policy
Established May 2016
Ethics Policy
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. This Ethics Policy Handbook shall be in supplement to the Town Personnel Policy handbook, and shall include four parts written, maintained, and named as follows: Ethics Policy, Ethics Procedure, Ethics Disclosure Conflict of Interest, Ethics Disclosure Acknowledgement of Policy.
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 boqrd, 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 but are not limited to the following:
1. No person(s) bound by this policy shall solicit or accept any gift, service or favor from any person who, to his or her knowledge, is interested in any pending matter within such official or employee's official responsibilities.
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 commission independent 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 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 may result in disciplinary action, termination, or recall as applicable.
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 as needed)
This policy is not intended to infringe on the rights of municipal employees or officials otherwise permitted by law.
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: employeesl 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:
l. 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.
all—forms returned undet the control of the
4. Main an cöPiéS—df
Selectmen and a record regarding information from all respondents for the current year (including a record of those who declined to sign).
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 DISCLOSURE
May 2016
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
TOWN OF LEBANON, MAINE
ETHICS DISCLOSURE
May 2016
Acknowledgement of Policy
I hereby acknowledge that I have received a copy and understand the importance of the Ethics Policy, Procedures, and Disclosures of the Town of Lebanon, Maine.
I agree to abide by these Policies.
I understand that I have a responsibility to ask for policy clarification, as/if needed, and that violations of the Town of Lebanon's Ethics Policy may lead to disciplinary action up to and including termination, as permitted by law.
Signature
Name
Position Date
TOWN OF LEBANON, MAINE
Ethics Procedure
May 2016

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 in regard to an employee or appointed personnel 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 Town Office.
   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:
      1. Notify the respondent (subject of the complaint) of the nature of the issue and the right to submit evidence related to the issue.
      2. Notify the complainant and the Board of Selectmen in writing that an investigation has been initiated.
      3. Initiate an investigation relating to the issue raised by the complainant.
         a. Care must be exercised to maintain the confidentiality of
the investigation.
         b. 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 fact 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 may have occurred, the Board of Selectmen shall be so advised in executive session, stating the relevant information determined by the investigation. The employee or appointee concerned shall be permitted to be present in order to provide additional input according to Maine State Freedom of Access Act.

8. The Board of Selectmen shall review the information presented during executive session, and shall determine whether additional action should be taken.
   a. If a majority of votes of the full Board of Selectmen does agree with 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 information discussed in executive session shall remain confidential, and a decision which may include submission to the State Ethics Board and/or enforcement of disciplinary action. will be made out of executive session in accordance with the Maine State Freedom of Access Act.
   b. If a majority of votes of the full 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 information discussed in executive session shall remain confidential, and a decision of no action will be made out of executive session in accordance with the Maine State Freedom of Access Act.

Put into policy for the Town of Lebanon this day, May 2, 2016.

Selectman Benjamin L. Thompson
Selectman Royce R. Heath
Selectman Paul A. Nadeau