The Governing Body finds and determines it is in the best interests of the public to set forth ethical standards for all employees and public officers of this City. The provisions and purpose of this Code are declared to be in the best interests of the City. The purpose of this Code is to establish ethical standards of conduct prohibiting those acts or actions that are incompatible with the best interests of the City.

This Code of Ethics is hereby established and to be applied to all City employees and public officers, whether paid in whole or in part by the City, or unpaid, whether part or full time, and whether appointed or elected.

City employees and officers serve for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of the State of Kansas and to carry out impartially the laws of the nation and state, as well as the City, and thus to foster respect for all government. They are bound to discharge faithfully their duties, regardless of personal considerations, recognizing that the public interest must be their primary concern.

(Ord. 233; Code 2022)

As used in this article the following words and phrases shall mean:

(a)   Substantial Interest means any of the following:

(1)   If an individual or individual’s spouse, either individually or collectively, has owned within the preceding 12 months a legal or equitable interest exceeding $5,000 or 5% of any business, whichever is less, the individual has a substantial interest in that business;

(2)   If an individual or individual’s spouse, either individually or collectively, has received during the preceding calendar year compensation which is or will be required to be included as taxable income on federal income tax returns of the individual and spouse in an aggregate amount of $2,000 from any business or combination of businesses, the individual has a substantial interest in that business or combination of businesses;

(3)   If an individual or individual’s spouse, either individually or collectively, has received in the preceding 12 months, without reasonable and valuable consideration, goods or services having an aggregate value of $500 or more from a business or combination of businesses, the individual has a substantial interest in that business or combination of businesses;

(4)   If an individual or an individual’s spouse holds the position of officer, director, associate, partner or proprietor of any business, other than an organization exempt from federal taxation of corporations under section 501(c)(3), (4), (6), (7), (8), (10) or (19) of Chapter 26 of the United States Code, the individual has a substantial interest in that business, irrespective of the amount of compensation received by the individual or individual’s spouse;

(5)   If an individual or individual’s spouse receives compensation which is a portion or percentage of each separate fee or commission paid to a business or combination of businesses, the individual has a substantial interest in any client or customer who pays fees or commissions to the business or combination of businesses from which fees or commissions the individual or individual’s spouse, either individually or collectively, received an aggregate of $2,000 or more in the preceding calendar year.

(b)   Act or Acts means the exercise of power or authority or performance of any duty incident to public office or employment.

(c)   Client or Customer means a business or combination of businesses, and the term “Business” means any corporation, association, partnership, proprietorship, trust, joint venture, and every other business interest, including ownership or use of land for income.

(d)   Compensation means any money, thing of value or economic benefit conferred on, or received by, any person in return for services rendered, or to be rendered, by that person or another, but shall not mean nor include reimbursement of reasonable expenses if the reimbursement does not exceed the amount actually expended for the expenses and it is substantiated by an itemization of expenses.

(e)   Contract means agreements including but not limited to sales and conveyances of real and personal property and agreements for the performance of services.

(f)    Preceding Calendar Year has its usual meaning, except that in the case of candidates and individuals newly appointed to office or employment, it means the 12 months immediately preceding a required filing date.

(Ord. 233; Code 2022)

No City employee or public officer shall in the official capacity of such an employee or officer, make or participate in the making of a contract with any person or business by which the employee or public officer is employed or in whose business the employee has a substantial interest.

No person or business shall enter into any contract where any City employee or public officer, acting in that official capacity, is a signatory to or a participant in the making of the contract and is employed by or has a substantial interest in the person or business.

A City employee or public officer does not make or participate in the making of a contract if the employee or officer abstains from any action in regard to the contract.

This section shall not apply to contracts let after competitive bidding has been advertised for by published notice, or contracts for property or services for which the price or rate is fixed by law.

Any City employee or public officer who has a substantial interest in a business submitting a bid for award of a City contract must inform the City in writing as part of the bid submission, that the employee or public officer has a substantial interest in the business and the nature of the substantial interest.

(Ord. 233; Code 2022)

Any City employee or public officer who has not filed a disclosure of Substantial Interest, shall, before acting upon any matter which will affect any business in which the employee or public officer has a substantial interest, file a written report of the nature of the interest with the Johnson County Election Commissioner.

A City employee or public officer does not pass or act upon any matter if the employee or public officer abstains from any action in regard to the matter.

(Ord. 233; Code 2022)

No City employee or public officer, with respect to any contract or transaction which is or may be the subject of an official act or action of the City, shall acquire an interest in or be affected by such contract or transaction at a time when the employee or public officer believes or has reason to believe that it will directly or indirectly be affected by an official act or action of the City. An employee or public officer does not violate the provisions of this subsection if he or she abstains from any action, participation or voting on the contract or transaction.

(Ord. 233; Code 2022)

No City employee or public officer shall disclose or reveal any information or discussion which would violate the provisions of the Kansas Open Meetings Act, K.S.A. 75-4319, as amended, or the Kansas Open Records Act, K.S.A. 45-221, as amended, or otherwise reveal fiduciary or confidential matters entrusted to such employee or public officer.

(Ord. 233; Code 2022)

No City employee or public officer shall engage in or accept private employment or render service for private interest when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties unless otherwise permitted by law, and unless disclosure is made as provided in this Code of Ethics.

(Ord. 233; Code 2022)

No City employee or public officer shall appear on behalf of any person or business entity, other than him or herself, his or her spouse or minor children regarding a personal matter, before any City agency, board, commission, council or Municipal Court. However, a member of the City Council may appear before City agencies on behalf of his or her constituents in the course of his or her duties as a representative of the electorate or in the performance of public or civic obligations.

Any City employee or public officer required by this article to abstain from taking any action upon a matter, any City employee or public officer prohibited from taking any action upon a matter, and any City employee or public officer not acting in compliance with this article, shall, upon realization of such substantial interest or conflict, as soon as reasonably possible, state that he or she has a conflict, leave the room until all discussion and action on the matter has concluded, and direct any recording secretary to reflect such abstention and departure from the proceedings.

(Ord. 233; Code 2022)

No City employee or public officer shall request or permit the unauthorized use of City-owned vehicles, equipment, materials or property for personal convenience or profit.

(Ord. 233; Code 2022)

No City employee or public officer shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen.

(Ord. 233; Code 2022)

A violation of this article is an administrative matter that may result in termination, suspension, or other appropriate disciplinary action, including the filing of criminal charges.

A violation of any provision of this article may constitute cause to cancel any contract, cease negotiations on any contract and rescind or modify any previous action based upon any such violation.

(Ord. 233; Code 2022)