§ 6-5. Code of conduct., Chapter 6. Code of Ethics, MUNICIPAL CODE, Code of Ordinances, Port Huron

(a)

General prohibition against conflict of interest. In order to avoid impropriety or a conflict of interest, no officer or employee should be involved in any activity that is or has the real potential to conflict with the conduct of official City business or as being adverse to the interests of the City.

(b)

Disclosure of confidential information and/or benefitting from confidential information. No officer or employee shall disclose or use any confidential, privileged or proprietary information gained by reason of his or her position for a purpose which is for other than a City purpose, provided that nothing shall prohibit the disclosure or use of information which is a matter of public knowledge or which is available to the public upon request. For purposes of this chapter, the term "confidential information" shall mean any information, oral or written, which comes to the attention of, or is available to, the officer or employee only because of his or her position with the City and is not a matter of public record. Officers or employees shall not divulge any confidential information discussed in a closed session of the City Council in advance of the time that it is authorized to be released to the public. Officers and employees shall honor the confidentiality of the debate, discussion and preliminary action taken in the closed session of the City Council and be aware of the potential financial liability and/or harm to the reputation of the City by premature disclosure. Release of confidential information shall be in compliance with the Open Meetings Act (Act 267 of 1976).

Editor's Note: See § MCLA 15.261 et seq.

(c)

Improper use of City personnel and property. No officer or employee shall employ or use any person under his or her official control or direction for the personal benefit, gain or profit of the officer or employee or another person. No officer or employee shall use City-owned vehicles, equipment, materials, money or property for personal or private convenience or personal gain. Nothing herein shall prohibit the use of City equipment or motor vehicles by officers or employees in accordance with policies established by the City Council, City Manager or City department head concerned, nor shall this chapter be deemed to prohibit private use of surplus City property legally disposed of by the City or its departments in compliance with established procedures.

(d)

Beneficial interest in business transaction or participation in a contract. No officer or employee shall participate in his or her capacity as an officer or employee in the making of a contract in which he or she, or an immediate family member, benefits from or has a financial interest. No officer or employee shall participate in contracts, loans, grants, rate-fixing or issuing permits involving a business in which he or she has a substantial interest. However, these provisions shall not apply in the following circumstances:

(1)

Contracting with the City where:

The contract is awarded pursuant to sealed bids;

The officer or employee is not involved directly or indirectly or otherwise refrains from participation in the decision on the award of the government contract; and

The City Council, after reviewing the circumstances, determines the award of the government contract would be in the best interest of the City.

(2)

Where the interest of the officer or employee in the business involves the holding of less than 1% of the securities in a publicly traded business or less than 5% of privately or closely held business and where the officer or employee will not have any involvement in the transaction on behalf of the contracting business.

(e)

Engaging in certain private employment. No officer or employee shall engage in or accept private employment or render services for any private interest when the employment or service is incompatible with the proper discharge of official duties or impairs independence, judgment or action in the performance of official duties.

(f)

Acceptance or solicitation of compensation, gifts, favors, rewards or gratuity. No officer or employee may, directly or indirectly, give or receive, or agree to give or receive, any compensation, gift, favor, reward, or gratuity for a matter connected with or related to the officer's or employee's services with the City to influence the manner in which the officer or employee performs his or her official duties, except this prohibition shall not apply to:

(1)

Attendance of an officer or employee at a hosted meal when provided in conjunction with a meeting directly related to the conduct of City business or where official attendance by the City official as a City representative is required or in the best interest of the City;

(2)

An award publicly presented in recognition of public service presented to the officer or employee;

(3)

Any gift or gifts valued at $100 or less per year in the aggregate from any person or business which cannot reasonably be presumed to influence the judgment of the officer or employee;

(4)

Opportunities, benefits and services which are available on the same conditions as for the general public;

(5)

Complimentary copies of trade publications, books, reports, pamphlets, calendars, periodicals or other informational materials; and

(6)

Acceptance of unsolicited advertising of promotional material and other items of nominal intrinsic value.

An officer or employee does not violate this chapter if he or she promptly takes reasonable action to return the gift.

(g)

Improper use of position. No officer or employee shall knowingly use his or her office or position to secure personal benefit, gain or profit, or use his or her position to secure special privileges or exceptions for himself, herself or for the benefit, gain or profits of any other persons. No officer or employee shall represent his or her personal opinion as that of the City.

(h)

This section shall not in any manner vary or change the requirements of contracts of public servants with public entities, MCL § 15.321 et seq., which governs the solicitation of public participation in government contracts by officers and employees and preempts all local regulation of such conduct.