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City of Lebanon City of Lebanon Code of Ethics Code of Ethics

City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

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Page 1: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

City of LebanonCity of Lebanon

Code of EthicsCode of Ethics

Page 2: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

Public Chapter No. 1Public Chapter No. 1of the Extraordinary Session ofof the Extraordinary Session of

the 2006 Tennesseethe 2006 TennesseeGeneral AssemblyGeneral Assembly

Known as the Comprehensive Governmental Ethics Known as the Comprehensive Governmental Ethics Reform Act of 2006Reform Act of 2006

Requires Municipalities to Adopt a Code of Ethics by Requires Municipalities to Adopt a Code of Ethics by Ordinance by July 1, 2007Ordinance by July 1, 2007

Charged MTAS with Creating a Model Code of Ethics for Charged MTAS with Creating a Model Code of Ethics for Consideration by MunicipalitiesConsideration by Municipalities

Page 3: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

What are “Ethics?”What are “Ethics?”

According to Merriam-Webster:According to Merriam-Webster:

Ethics are “a discipline dealing with Ethics are “a discipline dealing with good and evil and with moral duty; good and evil and with moral duty; moral principles or practice.”moral principles or practice.”

In other words, the word “ethics” refers In other words, the word “ethics” refers to good, moral conduct owed to to good, moral conduct owed to others.others.

Page 4: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

The MTAS Model Code of The MTAS Model Code of EthicsEthics

The MTAS Model was Created with Two (2) Restriction The MTAS Model was Created with Two (2) Restriction Requirements in Mind:Requirements in Mind:

1.1. Rules setting limits on and/or providing for Rules setting limits on and/or providing for reasonable and systematic disclosure of gifts or other reasonable and systematic disclosure of gifts or other things of value received by officials or employees things of value received by officials or employees that affect or appear to affect their discretion; andthat affect or appear to affect their discretion; and

2. 2. Rules requiring reasonable and systematic disclosure Rules requiring reasonable and systematic disclosure by officials and employees of personal interests that by officials and employees of personal interests that affect or appear to affect their discretion.affect or appear to affect their discretion.

Page 5: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

TCA Ethics Provisions That Currently Apply to TCA Ethics Provisions That Currently Apply to Municipal Officials and EmployeesMunicipal Officials and Employees

Ouster Law – Tenn. Code Ann. § 8-47-101, et seq.:Ouster Law – Tenn. Code Ann. § 8-47-101, et seq.: Provides the grounds and method of the ousting of public officials that Provides the grounds and method of the ousting of public officials that

engage in misconduct while holding public office.engage in misconduct while holding public office.

Crimes Involving Public Officials – Tenn. Code Ann. § 39-16-101, et Crimes Involving Public Officials – Tenn. Code Ann. § 39-16-101, et seq.:seq.: Prohibits the bribing of and the acceptance of bribes by municipal Prohibits the bribing of and the acceptance of bribes by municipal

officeholders.officeholders. Prohibits anyone convicted of bribery from holding public office.Prohibits anyone convicted of bribery from holding public office. Prohibits persons from buying a public officeProhibits persons from buying a public office

Conflicts of Interests – Tenn. Code Ann. §§ 6-54-107, 108; 12-4-101, Conflicts of Interests – Tenn. Code Ann. §§ 6-54-107, 108; 12-4-101, 102:102: Prohibits municipal officeholders from having either a direct or indirect Prohibits municipal officeholders from having either a direct or indirect

contractual relationship with the city to do any kind of business.contractual relationship with the city to do any kind of business. Prohibits municipal officials from voting on matters in which there is a Prohibits municipal officials from voting on matters in which there is a

conflict of interest.conflict of interest.

Campaign Finance - Tenn. Code Ann. Title 2, Chapter 10:Campaign Finance - Tenn. Code Ann. Title 2, Chapter 10: Regulates the method & manner in which candidates for local political Regulates the method & manner in which candidates for local political

offices must collect and report campaign contributions.offices must collect and report campaign contributions. Preempts the Lebanon City Charter where there is a conflict.Preempts the Lebanon City Charter where there is a conflict. This is the Governmental Comprehensive Ethics Reform Act of 2006This is the Governmental Comprehensive Ethics Reform Act of 2006

Page 6: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

The MTAS Model Code of The MTAS Model Code of EthicsEthics

Section 1: ApplicabilitySection 1: Applicability

This Title is the Code of Ethics for This Title is the Code of Ethics for personnel of the City of Lebanon. It applies to personnel of the City of Lebanon. It applies to all full-time and part-time elected or all full-time and part-time elected or appointed officials and employees, whether appointed officials and employees, whether compensated or not, including those of any compensated or not, including those of any separate board, commission, committee, separate board, commission, committee, authority, corporation, or other authority, corporation, or other instrumentality appointed or created by the instrumentality appointed or created by the municipality. The words “municipal” and municipality. The words “municipal” and “municipality” include these separate entities. “municipality” include these separate entities.

Page 7: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

Section 1 Summary & Section 1 Summary & ExplanationExplanation

The Code of Ethics adopted by Lebanon will apply to all full-The Code of Ethics adopted by Lebanon will apply to all full-time and part-time elected and appointed officials, whether time and part-time elected and appointed officials, whether compensated or not.compensated or not.

It will also apply to members and employees of separate It will also apply to members and employees of separate boards, authorities, and commissions created by the City, boards, authorities, and commissions created by the City, including the planning commission, the board of zoning including the planning commission, the board of zoning appeals, the beer board, the airport commission, and the appeals, the beer board, the airport commission, and the beautification committee among others.beautification committee among others.

These applications of the code of ethics are mandated by These applications of the code of ethics are mandated by the Tennessee Comprehensive Governmental Ethics Reform the Tennessee Comprehensive Governmental Ethics Reform Act of 2006.Act of 2006.

Page 8: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

The MTAS Model Code of The MTAS Model Code of EthicsEthics

Section 2: Definition of “Personal Interest”Section 2: Definition of “Personal Interest”

(1)(1) For purposes of Sections 103 and 104 of this Title, “personal interest” For purposes of Sections 103 and 104 of this Title, “personal interest” means:means:

(a) Any financial, ownership, or employment interest in the subject of a (a) Any financial, ownership, or employment interest in the subject of a vote by a municipal board not otherwise regulated by state statutes on conflicts vote by a municipal board not otherwise regulated by state statutes on conflicts of interests; orof interests; or

(b) Any financial, ownership, or employment interest in a matter to be (b) Any financial, ownership, or employment interest in a matter to be regulated or supervised; orregulated or supervised; or

(c) Any such financial, ownership, or employment interest of the (c) Any such financial, ownership, or employment interest of the official’s or employee’s spouse, parent(s), step parent(s), grandparent(s), official’s or employee’s spouse, parent(s), step parent(s), grandparent(s), sibling(s), child(ren), or step child(ren).sibling(s), child(ren), or step child(ren).

(2)(2) The words “employment interest” include a situation in which an The words “employment interest” include a situation in which an official or employee or a designated family member is negotiating possible official or employee or a designated family member is negotiating possible employment with a person or organization that is the subject of the vote or that employment with a person or organization that is the subject of the vote or that is to be regulated or supervised.is to be regulated or supervised.

(3)(3) In any situation in which a personal interest is also a conflict of interest In any situation in which a personal interest is also a conflict of interest under state law, the provisions of the state law take precedence over the under state law, the provisions of the state law take precedence over the provisions of this chapter.provisions of this chapter.

Page 9: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

Section 2 Summary & Section 2 Summary & ExplanationExplanation

The definitions of “personal interests” were created by MTAS The definitions of “personal interests” were created by MTAS because the State Act did not include such definitions.because the State Act did not include such definitions.

They are much broader than the State conflict of interest laws and They are much broader than the State conflict of interest laws and include include ANYANY financial, ownership, or employment interest of an financial, ownership, or employment interest of an official or employee in a business or entity Lebanon does business official or employee in a business or entity Lebanon does business with, regulates or supervises, and includes these interests of the with, regulates or supervises, and includes these interests of the listed family members of officials or employees.listed family members of officials or employees.

It also includes situations in which the official, employee, or family It also includes situations in which the official, employee, or family member is negotiating employment with an affected entity.member is negotiating employment with an affected entity.

Although there is some overlap with indirect interests under state Although there is some overlap with indirect interests under state law, most of the situations to which this provision of the code of law, most of the situations to which this provision of the code of ethics will apply will not be covered by conflicts of interests state ethics will apply will not be covered by conflicts of interests state laws. For example, if a City Council member had a family member laws. For example, if a City Council member had a family member who was employed by an entity seeking to do business with who was employed by an entity seeking to do business with Lebanon, this Code of Ethics would require disclosure of that fact Lebanon, this Code of Ethics would require disclosure of that fact even though it would not be either a direct or indirect conflict of even though it would not be either a direct or indirect conflict of interest under state law. interest under state law.

Page 10: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

The MTAS Model Code of The MTAS Model Code of EthicsEthics

Section 3: Disclosure of Personal Section 3: Disclosure of Personal Interest by Official with VoteInterest by Official with Vote

An official with the responsibility to An official with the responsibility to vote on a measure shall disclose during the vote on a measure shall disclose during the meeting at which the vote takes place, meeting at which the vote takes place, before the vote and so it appears in the before the vote and so it appears in the minutes, any personal interest that affects minutes, any personal interest that affects or that would lead a reasonable person to or that would lead a reasonable person to infer that it affects the official’s vote on the infer that it affects the official’s vote on the measure. In addition, the official may measure. In addition, the official may recuse himself or herself from voting on the recuse himself or herself from voting on the measure.measure.

Page 11: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

Section 3 HighlightsSection 3 Highlights

Voting officials must Voting officials must disclose any personal disclose any personal interests affecting interests affecting discretion on the record discretion on the record so that they appear in so that they appear in the minutes.the minutes.

Recusal of the official is Recusal of the official is discretionary as the discretionary as the official may choose to official may choose to either vote or recuse either vote or recuse himself/herself after himself/herself after disclosure of the disclosure of the personal interest.personal interest.

Page 12: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

The MTAS Model Code of The MTAS Model Code of EthicsEthics

Section 4: Disclosure of Personal Interest in Non-Voting MattersSection 4: Disclosure of Personal Interest in Non-Voting Matters

An official or employee who must exercise discretion An official or employee who must exercise discretion relative to any matter, other than casting a vote, and who has a relative to any matter, other than casting a vote, and who has a personal interest in the matter that affects or that would lead a personal interest in the matter that affects or that would lead a reasonable person to infer that it affects the exercise of the reasonable person to infer that it affects the exercise of the discretion shall disclose, before the exercise of the discretion discretion shall disclose, before the exercise of the discretion when possible, the interest on a form provided by and filed with when possible, the interest on a form provided by and filed with the recorder. In addition, the official or employee may, to the the recorder. In addition, the official or employee may, to the extent allowed by law, charter, ordinance, or policy, recuse extent allowed by law, charter, ordinance, or policy, recuse himself from the exercise of discretion in the matter. himself from the exercise of discretion in the matter.

Page 13: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

Section 4 HighlightsSection 4 Highlights

This section additionally requires This section additionally requires disclosure of personal interests, disclosure of personal interests, but applies to those non-voting but applies to those non-voting Lebanon employees and officials Lebanon employees and officials who exercise discretion on any who exercise discretion on any other matter.other matter.

The disclosure is to take place The disclosure is to take place before the exercise of discretion, before the exercise of discretion, whenever possible.whenever possible.

Again, recusal is allowed, not Again, recusal is allowed, not mandated, but only to the extent mandated, but only to the extent allowed by law, charter, allowed by law, charter, ordinance, or policy. ordinance, or policy.

Page 14: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

The MTAS Model Code of The MTAS Model Code of EthicsEthics

Section 5: Acceptance of Gratuities, Etc.Section 5: Acceptance of Gratuities, Etc.

An official or employee may not accept, An official or employee may not accept, directly or indirectly, any money, gift, gratuity, or directly or indirectly, any money, gift, gratuity, or other consideration or favor of any kind from other consideration or favor of any kind from anyone other than the municipality:anyone other than the municipality:

(1)(1) For the performance of an act, or For the performance of an act, or refraining from performance of an act, that he refraining from performance of an act, that he would be expected to perform, or refrain from would be expected to perform, or refrain from performing, in the regular course of his duties; orperforming, in the regular course of his duties; or

(2)(2) That might reasonably be interpreted That might reasonably be interpreted as an attempt to influence his action, or reward him as an attempt to influence his action, or reward him for past action, in executing municipal business.for past action, in executing municipal business.

Page 15: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

Section 5 HighlightsSection 5 Highlights

Prohibits an official or an employee from accepting any Prohibits an official or an employee from accepting any money, gift, or favor for the performance of his/her regular money, gift, or favor for the performance of his/her regular duties from anyone other than the City of Lebanon.duties from anyone other than the City of Lebanon.

Prohibits an official or an employee from accepting any Prohibits an official or an employee from accepting any money, gift, or favor that would have the appearance of money, gift, or favor that would have the appearance of attempting to influence the actions of the official or attempting to influence the actions of the official or employee in carrying out the business of the City of employee in carrying out the business of the City of Lebanon.Lebanon.

Although State ethics statutes allow gifts and gratuities up Although State ethics statutes allow gifts and gratuities up to a certain amount as long as they are reported, MTAS to a certain amount as long as they are reported, MTAS decided to go with an absolute prohibition for simplicity and decided to go with an absolute prohibition for simplicity and because most cities already have such prohibitions. because most cities already have such prohibitions.

Page 16: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

Section 5: Gratuities Section 5: Gratuities ExampleExample

An inquiry was recently An inquiry was recently made regarding the engineering made regarding the engineering department receiving Christmas department receiving Christmas baskets from various entities that baskets from various entities that deal with the city engineers on a deal with the city engineers on a regular basis. An opinion was regular basis. An opinion was rendered that such gifts rendered that such gifts would would notnot violate this code of ethics violate this code of ethics because they are intended for all because they are intended for all of the department’s employees of the department’s employees (not one particular employee or (not one particular employee or official) and no one could official) and no one could reasonably interpret a basket of reasonably interpret a basket of candy and cookies as an attempt candy and cookies as an attempt to influence the decisions of the to influence the decisions of the engineering department.engineering department.

Page 17: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

The MTAS Model Code of The MTAS Model Code of EthicsEthics

Section 6: Use of InformationSection 6: Use of Information

(1) (1) An official or employee may not disclose An official or employee may not disclose any information obtained in his official capacity or any information obtained in his official capacity or position of employment that is made confidential position of employment that is made confidential under state or federal law except as authorized by under state or federal law except as authorized by law.law.

(2) (2) An official or employee may not use or An official or employee may not use or disclose information obtained in his official capacity or disclose information obtained in his official capacity or position of employment with the intent to result in position of employment with the intent to result in financial gain for himself or any other person or entity.financial gain for himself or any other person or entity.

Page 18: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

Section 6 HighlightsSection 6 Highlights

Prohibits an employee or Prohibits an employee or official from disclosing to official from disclosing to anyone any information anyone any information deemed as confidential by deemed as confidential by state or federal law.state or federal law.

Prohibits an employee or Prohibits an employee or official from disclosing any official from disclosing any information obtained as a information obtained as a result of his/her official result of his/her official capacity or position of capacity or position of employment to anyone employment to anyone with the intentwith the intent for such for such disclosure to result in any disclosure to result in any kind of financial gain for kind of financial gain for him/herself or him/herself or anyone/anything else.anyone/anything else.

Page 19: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

The MTAS Model Code of The MTAS Model Code of EthicsEthics

Section 7: Use of Municipal Time, Facilities, Etc.Section 7: Use of Municipal Time, Facilities, Etc.

(1) (1) An official or employee may not use or An official or employee may not use or authorize the use of municipal time, facilities, authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage equipment, or supplies for private gain or advantage to himself.to himself.

(2)(2) An official or employee may not use or An official or employee may not use or authorize the use of municipal time, facilities, authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage equipment, or supplies for private gain or advantage to any private person or entity, except as authorized to any private person or entity, except as authorized by legitimate contract or lease that is determined by by legitimate contract or lease that is determined by the governing body to be in the best interests of the the governing body to be in the best interests of the municipality.municipality.

Page 20: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

Section 7 HighlightsSection 7 Highlights Prohibits an official or employee from using or authorizing Prohibits an official or employee from using or authorizing

the use of city time, facilities, equipment, or supplies for the use of city time, facilities, equipment, or supplies for his/her own financial gain.his/her own financial gain.

Additionally, an official or employee is prohibited from using Additionally, an official or employee is prohibited from using or authorizing the use of city time, facilities, equipment, or or authorizing the use of city time, facilities, equipment, or supplies for anyone else’s financial gain unless it is supplies for anyone else’s financial gain unless it is pursuant to a contract authorized by the City Council.pursuant to a contract authorized by the City Council.

Does not go so far as to prohibit an official or employee Does not go so far as to prohibit an official or employee from using or authorizing the use of city time, facilities, from using or authorizing the use of city time, facilities, equipment, or supplies to someone or some entity for non-equipment, or supplies to someone or some entity for non-financial purposes.financial purposes.

For example, civic or other social groups wishing to use the For example, civic or other social groups wishing to use the City Hall’s or Jimmy Floyd’s meeting facilities could be City Hall’s or Jimmy Floyd’s meeting facilities could be authorized to do so without violating the code of ethics.authorized to do so without violating the code of ethics.

Page 21: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

The MTAS Model Code of The MTAS Model Code of EthicsEthics

Section 8: Use of Position or AuthoritySection 8: Use of Position or Authority

(1) (1) An official or employee may not make An official or employee may not make or attempt to make private purchases, for cash or or attempt to make private purchases, for cash or otherwise, in the name of the municipality.otherwise, in the name of the municipality.

(2)(2) An official or employee may not use An official or employee may not use or attempt to use his position to secure any or attempt to use his position to secure any privilege or exemption for himself or others that privilege or exemption for himself or others that is not authorized by the charter, general law, or is not authorized by the charter, general law, or ordinance or policy of the municipality.ordinance or policy of the municipality.

Page 22: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

Section 8 HighlightsSection 8 Highlights

Prohibits a Lebanon official or employee Prohibits a Lebanon official or employee from using his/her position to obtain a from using his/her position to obtain a privilege or exemption not authorized by privilege or exemption not authorized by law.law.

Additionally prohibits an official or employee Additionally prohibits an official or employee from making a private purchase of any type from making a private purchase of any type in the name of the City.in the name of the City.

Page 23: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

The MTAS Model Code of The MTAS Model Code of EthicsEthics

Section 9: Outside EmploymentSection 9: Outside Employment

An official or employee may not An official or employee may not accept or continue any outside accept or continue any outside employment if the work unreasonably employment if the work unreasonably inhibits the performance of any affirmative inhibits the performance of any affirmative duty of the municipal position or conflicts duty of the municipal position or conflicts with any provision of the municipality’s with any provision of the municipality’s charter or any ordinance or policy.charter or any ordinance or policy.

Page 24: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

Section 9 HighlightsSection 9 Highlights

A Lebanon A Lebanon official or employee official or employee may not have any may not have any outside employment outside employment that interferes with that interferes with his/her city duties or his/her city duties or is in conflict with is in conflict with any city charter any city charter provisions, provisions, ordinances, or ordinances, or policies.policies.

Page 25: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

The MTAS Model Code of The MTAS Model Code of EthicsEthics

Section 10: Ethics ComplaintsSection 10: Ethics Complaints

(1)(1) The city attorney is designated as the The city attorney is designated as the ethics officer of the municipality. Upon the written ethics officer of the municipality. Upon the written request of an official or employee potentially affected by request of an official or employee potentially affected by a provision of this chapter, the city attorney may render a provision of this chapter, the city attorney may render an oral or written advisory ethics opinion based upon this an oral or written advisory ethics opinion based upon this chapter and other applicable law.chapter and other applicable law.

(2)(2) (a)(a) Except as otherwise provided in this Except as otherwise provided in this subsection, the city attorney shall investigate any subsection, the city attorney shall investigate any credible complaint against an appointed official or credible complaint against an appointed official or employee charging any violation of this chapter, or may employee charging any violation of this chapter, or may undertake an investigation on his own initiative when he undertake an investigation on his own initiative when he acquires information indicating a possible violation, and acquires information indicating a possible violation, and make recommendations for action to end or seek make recommendations for action to end or seek retribution for any activity that, in the attorney’s retribution for any activity that, in the attorney’s judgment, constitutes a violation of this code of ethics.judgment, constitutes a violation of this code of ethics.

Page 26: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

Section 10 continuedSection 10 continued(b)(b) The city attorney may request the governing The city attorney may request the governing

body to hire another attorney, individual, or entity to act as ethics body to hire another attorney, individual, or entity to act as ethics officer when he has or will have a conflict of interest in a particular officer when he has or will have a conflict of interest in a particular matter.matter.

(c)(c) When a complaint of a violation of any When a complaint of a violation of any provision of this chapter is lodged against a member of the provision of this chapter is lodged against a member of the municipality’s governing body, the governing body shall either municipality’s governing body, the governing body shall either determine that the complaint has merit, determine that the determine that the complaint has merit, determine that the complaint does not have merit, or determine that the complaint has complaint does not have merit, or determine that the complaint has sufficient merit to warrant further investigation. If the governing sufficient merit to warrant further investigation. If the governing body determines that a complaint warrants further investigation, it body determines that a complaint warrants further investigation, it shall authorize an investigation by the city attorney or another shall authorize an investigation by the city attorney or another individual or entity chosen by the governing body.individual or entity chosen by the governing body.

(3)(3) The interpretation that a reasonable person in the The interpretation that a reasonable person in the circumstances would apply shall be used in interpreting and circumstances would apply shall be used in interpreting and enforcing this code of ethics.enforcing this code of ethics.

(4)(4) When a violation of this code of ethics also When a violation of this code of ethics also constitutes a violation of a personnel policy, rule, or regulation or a constitutes a violation of a personnel policy, rule, or regulation or a civil service policy, rule, or regulation, the violation shall be dealt civil service policy, rule, or regulation, the violation shall be dealt with as a violation of the personnel or civil service provisions rather with as a violation of the personnel or civil service provisions rather than as a violation of this code of ethics.than as a violation of this code of ethics.

Page 27: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

Section 10 HighlightsSection 10 Highlights Designates the City Designates the City

Attorney as the official city Attorney as the official city ethics officer and provides ethics officer and provides methods for bringing and methods for bringing and investigating complaints of investigating complaints of violations of the code of violations of the code of ethics.ethics.

Alternatives to having the Alternatives to having the city attorney act as the city attorney act as the ethics officer include:ethics officer include: Another attorneyAnother attorney A retired judgeA retired judge A board or panel (MTAS A board or panel (MTAS

recommends 3 members)recommends 3 members) Someone selected after each Someone selected after each

municipal electionmunicipal election

Page 28: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

Section 10 Highlights Section 10 Highlights ContinuedContinued

The city attorney may render a verbal or written advisory upon the written request The city attorney may render a verbal or written advisory upon the written request of any official or employee potentially affected by this code of ethics.of any official or employee potentially affected by this code of ethics.

The city attorney may upon his/her own initiative, and shall upon any credible The city attorney may upon his/her own initiative, and shall upon any credible complaint, investigate potential violations of this code of ethics and shall make complaint, investigate potential violations of this code of ethics and shall make recommendations for an end to, or seek retribution for, any activity that the city recommendations for an end to, or seek retribution for, any activity that the city attorney believes is a violation of the code of ethics.attorney believes is a violation of the code of ethics.

If the city attorney deems he/she has a conflict of interest in investigating a If the city attorney deems he/she has a conflict of interest in investigating a particular complaint, he/she may request that the City Council hire another particular complaint, he/she may request that the City Council hire another attorney or individual to act as the ethics officer.attorney or individual to act as the ethics officer.

If a member of the City Council is the subject of an ethics complaint, the City If a member of the City Council is the subject of an ethics complaint, the City Council itself shall determine if the complaint has merit, is meritless, or needs Council itself shall determine if the complaint has merit, is meritless, or needs further investigation. If further investigation is needed, the City Council will further investigation. If further investigation is needed, the City Council will authorize either the city attorney or someone else to conduct the investigation.authorize either the city attorney or someone else to conduct the investigation.

Reasonableness is the key in interpreting and enforcing the code of ethics.Reasonableness is the key in interpreting and enforcing the code of ethics.

If a violation of the code of ethics also constitutes a violation of a personnel policy, If a violation of the code of ethics also constitutes a violation of a personnel policy, rule, or regulation, it’s to be treated as the administrative infraction rather than an rule, or regulation, it’s to be treated as the administrative infraction rather than an ethics violation.ethics violation.

Page 29: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

The MTAS Model Code of The MTAS Model Code of EthicsEthics

Section 11: ViolationsSection 11: Violations

An elected official or appointed member of An elected official or appointed member of a separate municipal board, commission, a separate municipal board, commission, committee, authority, corporation, or other committee, authority, corporation, or other instrumentality who violates any provision of this instrumentality who violates any provision of this chapter is subject to punishment as provided by chapter is subject to punishment as provided by the municipality’s charter or other applicable law, the municipality’s charter or other applicable law, and in addition is subject to censure by the and in addition is subject to censure by the governing body. An appointed official or an governing body. An appointed official or an employee who violates any provision of this employee who violates any provision of this chapter is subject to disciplinary action.chapter is subject to disciplinary action.

Page 30: City of Lebanon Code of Ethics. Public Chapter No. 1 of the Extraordinary Session of the 2006 Tennessee General Assembly Known as the Comprehensive Governmental

Section 11 HighlightsSection 11 Highlights Elected officials and appointed members of boards and Elected officials and appointed members of boards and

commissions are punishable as already provided by law and commissions are punishable as already provided by law and are also subject to public censure by the City Council.are also subject to public censure by the City Council. The City Council is subject to the punitive provisions of The The City Council is subject to the punitive provisions of The

Lebanon City Charter, Art. III, § 14.Lebanon City Charter, Art. III, § 14. The Planning Commission members are subject to the punitive The Planning Commission members are subject to the punitive

provisions of Tenn. Code Ann. § 13-3-101(f).provisions of Tenn. Code Ann. § 13-3-101(f). Most all other boards and commissions serve at the pleasure of Most all other boards and commissions serve at the pleasure of

the City Council (such as the board of zoning appeals, Tenn. the City Council (such as the board of zoning appeals, Tenn. Code Ann. § 13-7-205(b)) or the Mayor (such as the Code Ann. § 13-7-205(b)) or the Mayor (such as the beautification committee, airport commission, etc.).beautification committee, airport commission, etc.).

Appointed officials and employees are subject to the Appointed officials and employees are subject to the progressive discipline provisions set forth in the Lebanon progressive discipline provisions set forth in the Lebanon Personnel Rules and Regulations and/or the Lebanon City Personnel Rules and Regulations and/or the Lebanon City Charter.Charter.

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