Town of Eastport, ME - Article IX– PREAMBLE TO GENERAL PROVISIONS

It shall be a policy of the City of Eastport for all who serve within the government or are under its direct control to do so in a manner that both is and appears to be fair and impartial and to serves no goal other than the welfare and benefit of the people of Eastport.

In recognition of this policy, a Code of Ethics is hereby established for City councilors, City appointees, members and alternate members of all City boards and committees now existing or to be created, and all City employees.

The intent of this Code of Ethics is: to prohibit the use of public office for personal gain; to prohibit City

employees or contractors from using their positions for personal gain beyond the compensation

specified in their contracts or employment agreements; to prohibit actions that would give the

appearance of conflict of interest, favoritism or prejudice in the performance of the duties of public

office or in the performance of City employees; and to encourage a high quality of life in the City of

Eastport by maintaining a widespread and accurate impression that the City government functions

3.1 Deliberative Bodies and Appointees. For the purpose of this Code of Ethics, the City

Council, and Planning Board, the Zoning Board of Appeals, the Historic Review Board, the

City Manager each City appointee who has the power to make independent decisions, to

issue permits or to enforce City or State policy. And any such bodies or appointees that

shall be designated in the future shall be designated in the future shall hereinafter be referred

3.2 Advisory Bodies and Individuals. Any committee, commission, Consultant, or other

body or individual or individual appointed by The City that serves only to collect information,

draft documents, and/or make recommendations to any part of City government, and that has

no further ability to make or enforce City policy, shall hereinafter be referred to as an advisory

3.3 City Employees and Contractors. Individuals or other entities hired directly or by contract

to perform a job or service for the City and who have no responsibility to make or enforce

policy or to draft documents or make recommendations to any part of City government shall

hereinafter be referred to as City employees and/or contractors.

3.4 Conflict of Interest: exists when an official has a personal financial or otherwise material

3.5 Incompatibility of Office. Exists where two public offices, by virtue of their respective and

conflicting duties, cannot be held simultaneously by the same person.

3.6 Prohibited Appointments or Employment: paid positions that barred to municipal

officers because they either created the positions or determine the positions’ compensation.

3.7 Bias: exists when an official, because of prejudice or a familial, or other personal

relationship with an applicant, is unable to make a fair and impartial decision in a matter

requiring objectivity, a (i.e. a “quasi-judicial” proceeding).

3.8 Failure to Raise a Known Ethical Conflict: exists when an individual knows or believes

that another individual has as ethical conflict that relates to the performance of their duties

and first individual aids in the concealment of that conflict through failure to bring it to the

3.9 Failure to refuse and Reveal Instruction to Commit an Unethical Act: exist when an

individual who has been instructed by a supervisor to commit an unethical act either obeys the

fact that instruction was given by failing to report it to the appropriate officials.

3.10 Improper Disclosure of Confidential Information: the deliberate dissemination of any

information that is collected by a City official or City employee and that is defined by Maine law

not being public information and that is not a matter of public record.

3.11 Improper Withholding of Public Information. The deliberate restriction of any citizen’s

access to information that falls within the definition of public information in Maine

3.12 Improper Use of City Property. Any use of City property including but not limited to

buildings, vehicles, tools, machinery, communications, equipment, services or supplies

in a matter that is not normally available to the general public, and excepting emergencies

involving significant and imminent danger to life, health, or property.

3.13 Gifts, Favors, Gratuities, Kickbacks: transfer of any cash or the equivalent, any material

object or service to a public official or his or her immediate family in anticipation of any act

taken by the public official or in reward for their past action, or which a reasonable person

3.14 Improper Supervisory Conduct: any attempt to instruct or coerce Subordinate into

participation in any unethical behavior or any form of harassment as defined under Maine

3.15 Improper Political Activities: using one’s official authority or position for the purpose of

influencing; interfering with, or affecting the results of any election; soliciting or knowingly

accepting funds or contributions from City employees; distributing political pamphlets or

handbills while performing official functions or duties for the City. Nothing herein shall be

constructed to prohibit any individual from participating political process as a private citizen

or as a candidate for elected office when they are not performing official functions or duties

3.16 Disclosure Form: a statement signed prior to January 31^st of each year or within 15 days

of taking office as an elected or appointed public official of the City, and updated within 15

days after any relevant changes in the required information listing:

3.17 employees, including individuals, groups, or corporations that employ official full time, part

time, or as contract labor in annual amounts grossing $500 or more, or its non-cash

equivalent or that the official expects will begin to employ him or her at such level of

3.18 all entities, incorporated or otherwise, and all for-profit or non-profit organizations in which

the official or a member of his or her immediate family has an interest grossing $500 or more

which the official or a member of his or her immediate family serves as an officer or a

member of a board, plus any such entities or organizations with which the official expects

to become involved in such a manner, within the next year;

3.19 All properties that are owned in whole or in part by the official member of his or her immediate

family, and which are located wholly or in part within the City of Eastport.

3.20 Disclosure Issues by Issue: disclosure of conflicts of interest as occur, relating to the

performance of one’s duties and responsibilities as a public official of the City, and/or

withdrawal from participation in those duties and responsibilities because of the existence of

3.21 Immediate Family: spouse, spousal equivalent living in the household, children,

grandchildren, parents, grandparents, siblings, aunts, uncles, first and second cousins,

whether biologically related or related by reason of adoption.

3.22 Oath of Office: the following statement, to be read aloud by an official at the beginning of his

or her first meeting as a member of a deliberative body or before a meeting of the City Council

and to be submitted in writing to the City Clerk: “I, (name), do hereby affirm that in my

capacity as (title of public office) of the City of Eastport that I will perform my duties for the

sole benefit of the people of Eastport. I will not use the position for any personal gain that

is not equally available to the general population of the City. I will promote both the reality

and the impression and accountable democratic government. I will ensure that my actions

are in accordance with the Eastport City Charter and the relevant laws of the State of Maine.

4.1 Deliberative bodies and appointees are prohibited from the following: conflict of interest;

incompatibility of office; prohibited appointments or employment; bias; failure to raise an

unknown ethical conflict information; improper use of City property, gifts, favors, gratuities,

kickbacks; improper supervisory conduct; improper political activities.

The following are required of all deliberative bodies and appointees: disclosure form;

4.2 Advisory bodies and individuals are prohibited from following: failure to raise a known ethical

conflict; gifts, favors, gratuities, kickbacks. The following are required of advisory bodies and

individuals: disclosure form; disclosure issue by issue.

4.3 City employees and contractors are prohibited from the following: incompatibility of office;

prohibited appointments or employment; bias; failure to refuse and reveal instructions to

commit unethical act; disclosure of confidential information; withholding of public information;

improper use of City property; gifts, favors, gratuities, kickbacks; supervisory misconduct;

The following are required to all City employees and contractors: disclosure issue by

issue; language in contracts indicating relevant ethical prohibitions and requirements.

In enforcing this Code of Ethics, those charged with its enforcement shall first look to the

specific requirements and prohibitions contained herein, but shall not fail to take into account

Where there is any question as to the meaning and/or applicability of the language contained

in this Code of Ethics, the standard used in resolving the question shall be whether or not a

reasonable person would find the conduct in question to violate the intent of this Code of

When a member of a deliberative body, as defined in Section 3.1, Finds himself or herself to

be in conflict of interest, or subject to bias, he or she shall, with explanation of the reason for

doing so, refrain from voting on the matter in question and shall participate in the discussion of

the matter only when physically located within the area designated for members of the public.

If a member of a deliberative body is accused of conflict of interest, bias, or any other

ethical violation, the remaining members of the deliberative body shall consider the

accusation and any response from the accused member, gather facts as they deem

necessary, and be vote of a majority of the remaining members shall either declare the

accused member free of conflict of interest, bias, or other ethical violation, or shall

disqualify the member from voting on the issue at hand or take other measures as

In the event that a deliberative body other than the City Council is unable to attain a majority

vote as provided for in Section 5.1 because of a tie vote, abstentions from voting, etc., the

matter shall be referred to the City Council for further investigation as the Council deems

necessary, and a decision by majority vote determining the ability of the accuse member to

vote on any relevant issue brought before the deliberative body of which he or she is a

member, and/or any further actions as provided for in this Charter. In the event of a failure

of the City Council to resolve by vote an ethical violation, such issue or issues may be

In the event that an appointee, the City Manager, a member of an advisory body, and advisory

individual, a City employee, or a contractor determines themselves to be in conflict of interest

involved in bias, as defined in Section 3, they are to notify their immediate supervisor or

supervisory, or the City Council, whichever constitutes the higher authority. The City Council,

or the individuals immediate superior or supervisory shall excuse the individual from acting upon

the matter at hand, or shall allow any such action as seems appropriate and free from the effects

5.2 In the event that an appointee, the City Manager, a member of the advisory body, an advisory

individual, a City employee, or a contractor is accused of conflict of interest, bias, or other

violation of this Code of Ethics, the matter shall be referred to the City Council for further

investigation as the Council deems necessary a decision by majority vote as to the merit of the

accusation, and any further action provided for by the City Council.

6.0 Penalties. In the event that an individual is determined to have violated this Code of Ethics

through accident or as a reasonable oversight, any vote, other actions in which the individual

has participated and which are related to the violation, may be rendered void and shall be

subject to reconsideration as though the ethical question had been raised prior to the vote or

Penalties shall be limited to censure by the relevant authority determined in Section 5.

In the event that the relevant authority has been unable to determine whether an individual’s

violation of this Code of Ethics was a result of accident or was a reasonable oversight, or if

the relevant authority determines that a violation was deliberate or the result of incompetence,

the individual removed from their position, and may not be re-appointed or re-hired by the City

Nothing in this Code of Ethics shall in any way alter or reduce penalties or legal procedures

required by Federal, Maine State statue or local ordinance.