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Policy BCB-R
Sec. 2-186. Declaration of Policy and Purpose
Our government is a representative democracy. Those who are elected, appointed and hired to serve the public accept a public trust. The public entrusts its power and resources to its servants to use only in the public interest. Public trust requires public servants to fulfill their public duties faithfully and honestly, and to subordinate any personal interest which conflicts with the public interest.
The City of South Portland recognizes that public servants are members of society and therefore share the same general personal and economic interests as all members of the community. Public servants retain their rights to publicly express their opinions on the effect of public action on their personal or economic interests or rights. Public servants and their families are entitled to engage in employment, professional or business activities, other than official duties, in order to support themselves and to maintain a continuity of professional or business activity, and are entitled to maintain investments.
The purpose of this article is to provide rules for avoidance of conflicts of interest that balance the need to avoid inappropriate personal profit of public servants with the need for the City to enter into contracts and make purchases that are in the public’s best interest, which may sometimes mean a contract or purchase with a business in which a public servant has an interest. In addition to avoiding actual conflicts of interest as defined in this Article, public servants shall disclose any relationship or interest that could reasonably give the appearance of a conflict of interest on any matter.
Sec. 2-187. Definitions
For purposes of this Article, the following terms have the following definitions:
Benefit means: (a) anything having a monetary benefit in excess of $50; or (b) anything, regardless of its monetary value, offered with the intent of influencing a public servant in the performance non-performance of an official action.
Purchasing authority means: the authority to make a final decision approving or denying a purchase or contract.
Public servant means: any elected official, appointed Board member, the City Manager, City Clerk, Corporation Counsel, Superintendent of Schools, all school principals, all department heads, the Assessor, the Code Enforcement Officer, the purchasing agent for the City and all City or School Department employees with authority to make purchasing decisions for amounts exceeding $200.
Household member means: a person who is related to a public servant by blood, marriage or affinity and who lives in the same household as the public servant.
Sec. 2-188. Conflicts of Interest and Personal Benefits Prohibited
Except as otherwise permitted under applicable federal, state or local laws or policies, no public servant shall participate in any official action in which s/he or a household member has a direct financial interest.
No public servant or household member of a public servant shall accept or receive any benefit from any person under circumstances in which a reasonable person would infer that the benefit is intended to influence the public servant in the performance of his or her official duty.
Sec. 2-189. Participation and Vote Prohibited
No public servant serving on a Board shall participate in the discussion, debate, deliberation or vote or otherwise take part in the decision-making process on any agenda item before the Board in which the public servant or a household member has a direct financial interest or could receive a direct benefit or about which the public servant cannot act fairly in the best interests of the public.
Sec. 2-190. Public Contracts and Purchasing
If a public servant or household member has a financial interest in or a direct financial benefit from any contract or purchase with the City with a value greater than $200, and the public servant has purchasing authority regarding the purchase or contract or is in a position to make a recommendation regarding the purchase to the purchasing authority, the public servant shall disclose such interest. This disclosure shall be made as soon as the public servant knows of the solicitation of a bid or contract, the bidding of a contract, the negotiation of a contract, or the approval of the contract or issuance of a purchase order by the appropriate City authority.
For purchases or contracts in amounts greater than $200 but less than $10,000, the public servant with purchasing authority regarding the purchase shall not enter into a contract or make any purchase from which s/he or a household member has a direct financial interest or from which s/he or a household member will derive direct financial benefit.
The City is prohibited from making any purchase or entering into any contract involving services or property in an amount of $10,000 or more with a business in which a public servant or a household member has a direct financial interest or from which a public servant or household member will derive direct financial benefit.
Any contract entered into in violation of this section may be voided by the City in an action commenced within one year of the date and authority approving of the contract knew or reasonably should have known that a violation of this occurred.
On an affirmative vote of a majority of City Councilors present and voting, the provisions of this section may be waived upon a finding that a contract otherwise in violation of this section is in the best interest of the City. If the public servant or household member who has the conflict of interest is a City Councilor, that Councilor must abstain from participation and vote on this matter.
Adopted: May 14, 2001
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