ARTICLE VIII. - PROHIBITED ACTIVITIES
Part of the Code of Ordinances of Central Falls, RI.
The text
CHAPTER 1. - PROHIBITED ACTIVITIES OF ELECTED OFFICIALS AND EMPLOYEES#
Sec. 8-100. - Dual office holding.#
No person shall, at the same time, be an elected or appointed officer of the city and a city employee, or hold any other elective or appointive office or employment carrying a salary, whether municipal, state or federal, except that of constable, notary public, member of the state militia, public school teacher, or member of the military or naval forces of the United States, unless and until they shall have resigned their office, except as otherwise provided in this Charter. This provision shall be construed to be in accordance with state and federal law.
(11-7-2023)
Sec. 8-101. - Permitted activities.#
Nothing herein contained shall be construed to prohibit any elected or appointed official of the city or employee of the city from being appointed to any commission or committee of the city, state or federal government for the purpose of making any investigation or study, provided there shall be no remuneration attached to such services and provided further, that no such elected official or employee of the city shall be appointed to any independent board or commission of the city unless specifically authorized in this Charter.
Sec. 8-102. - Officers not to sign contracts in which they are interested.#
No member of the city council and no officer or employee of the city shall (1) directly or indirectly make a contract with the city, other than his or her own contract of employment service, or (2) receive any commission, discount, bonus, gift, contribution or award from, or any share in, the profits of any person making or performing such contract, unless such member, officer or employee immediately upon learning of the existence of such contract, or that such contract is proposed, shall notify in writing the city council of the nature of their interest in such contract, and shall abstain from doing any official act on behalf of the city or of the other contracting party with reference thereto. In case of such interest on the part of an officer whose duty it is to sign such contract on behalf of the city, the contract may be signed by any other officer of the city duly authorized thereunto by the mayor; provided, however, that when a contractor with the city is a corporation or a voluntary stock association, the ownership of less than five percent of the stock or shares actually issued shall not be considered as involving an interest in the contract within the meaning of this section, and such ownership shall not affect the validity of the contract unless the owner of such stock or shares is also an officer or agent of the corporation or association, or solicits or takes part in the making of the contract.
(11-7-2023)
Sec. 8-103. - Contracts in violation of section 8-102 to be voidable; penalties.#
A violation of any provision of section 8-102 shall render the contract with respect to which such violation occurs voidable in whole or in part at the option of the city.
Sec. 8-104. - Ratification or avoidance of contract.#
Whenever any contract made by or on behalf of the city is voidable under the terms of this Charter, the mayor shall on behalf of the city, within ten days after the execution of such contract, or within ten days after he/she shall acquire knowledge of facts sufficient to make such contract voidable, whichever event shall happen last, either ratify or avoid such contract, in whole or in part, by rendering in writing upon said contract his/her decision with regard thereto and his/her reasons therefor, and by forwarding forthwith to the city clerk a copy thereof, which copy shall be a public record. Such decision of the mayor shall be final and shall not be subject to review by any court.
Sec. 8-105. - Fees.#
No officer or employee of the city shall collect any fees or perquisites for their own use, but such fees or perquisites, collectible under law, shall be paid into the city treasury, except fees of auctioneers and constables, and such other officers or employees as may be authorized thereto by ordinance.
(11-7-2023)
Sec. 8-106. - Gratuities.#
No officer or employee of the city shall solicit or accept any compensation or gratuity in the form of money or otherwise for any act or omission in the course of their public work.
(11-7-2023)
Sec. 8-107. - City property.#
No officer or employee of the city shall use city property for private purposes; and no officer or employee of the city shall use public facilities for the purpose of conducting private business.
Sec. 8-108. - Corrupt practices.#
No employee of the city shall solicit contributions of money, property, or services for any political party or campaign, nor shall any person solicit from any employee of the city any such contribution.
Sec. 8-109. - Discrimination prohibited.#
No member of the city council and no officer or employee of the city shall discriminate in any way, against any persons within city limits on the basis of race, color, sex, religion, age, disability, national origin or citizenship status, or on any other basis which shall have been declared illegal through legislative or judicial action by the federal government or by the government of the State of Rhode Island.
(11-7-2023)
CHAPTER 2. - MUNICIPAL CODE OF ETHICS#
Footnotes:
--- (3) --- Editor's note— Charter amendments adopted by voters on Nov. 6, 2018, renumbered the former Art. VIII, Ch. 2 as Art. VIII, Ch. 3 and enacted a new Art. VIII, Ch. 2 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
Sec. 8-200. - Legislative intent and declaration of policy.#
It is declared to be the policy of the city that all officers and employees of the city are public servants of the people and hold their positions for the benefit of the public. These public servants shall fulfill conscientiously, according to the Home Rule Charter, the Code of Ordinances of the city and all applicable laws, their duties and shall prove themselves in their behavior worthy of the esteem which their position requires. In all official activity, such officers and employees shall strive to meet the highest standards of ethics consistent with this code and state law, regardless of personal considerations, recognizing that maintaining the respect of the people must be their foremost concern. In enacting this code of ethics the city recognizes that the state code of ethics applies to all city employees and officials. Accordingly, the purpose of the city's ethics code is not to replicate the prohibitions and regulations which already govern municipal employees. Rather, the goal of this ethics code is to address issues and conduct not covered by the state ethics code and in so doing to hold the city's employees and officials to the highest possible standards of ethics.
(11-6-2018)
Sec. 8-201. - Definitions.#
For purposes of this section: (1)
"Business associate" means a person joined together with another person to achieve a common financial objective, irrespective of any profit or nonprofit making status.
(2)
"City" means the City of Central Falls.
(3)
"City facility" means any structure or building owned, operated or managed by the city or a municipal agency.
(4)
"Elected official" means any individual elected to an office created by the Charter of the city.
(5)
"Employee" means any individual other than an elected official or an independent contractor, receiving compensation for services performed for the city.
(6)
"Family member" means an individual who is related to a person as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step-grandparent, step-great grandparent, step-grandchild, step-great grandchild, person who is engaged to be married to the public officer or employee or who otherwise holds himself or herself out as or is generally known as the person whom the public officer or employee intends to marry or with whom the public officer or employee intends to form a household, or cohabitating and/or living arrangement in any form whatsoever.
(7)
"Municipal agency" means any department, bureau, commission, board, or authority, of the city or quasi-public authority recognized by city charter or created by ordinance or resolution. It shall also include any group of persons, corporations, organizations, or other entities, however created, which exercise governmental functions of the city, other than in an advisory nature, and expend public funds in excess of $10,000.00 annually.
(8)
For the purposes of interpretation and application under this city code of ethics, any reference to "city official," or "official," shall mean the mayor, the members of the city council and the members of all boards, commissions and authorities whose members are appointed by the mayor, with or without city council approval, and those appointed or elected by the city council, all department heads and all deputy department heads or city employees.
(9)
A person "represents" another person before a municipal agency if he or she is authorized by that other person to act, and does in fact act, as the other person's attorney-at-law or his or her attorney-in-fact or a duly authorized agent in the presentation of evidence or arguments before that agency for the purpose of influencing the judgment of the agency in favor of that other person.
(10)
A person "represents" himself or herself before a municipal agency if he or she participates in the presentation of evidence or arguments before that agency for the purpose of influencing the judgment of the agency in his or her favor.
(11-6-2018)
Sec. 8-202. - Prohibited conduct relating to employment.#
(1)
Coercion for trading with a particular business. It is unlawful for any official or employee of the city or a municipal agency to discharge, threaten to discharge, discipline, threaten to discipline or otherwise discriminate against any other officer or employee for trading or not trading as a customer or patron with any particular business, without just cause or reason not to engage any particular business.
(2)
Use of public property. It is unlawful for an official or employee of the city or a municipal agency to knowingly use property, including but not limited to intellectual property, or resources, or city services wherein the city is the participating customer or patron, owned by the city or an independent agency, including but not limited to vehicles, for his or her personal benefit, convenience or profit, except in accordance with policies promulgated by the council or by the governing body of the municipal agency owning the property.
(3)
City seal. It is unlawful for any person to fraudulently affix or impress the seal to or upon any certificate, instrument, commission, document or paper or with knowledge of its fraudulent character to use, buy, procure, sell or transfer to another any certificate, instrument, commission, document or paper, to or upon which the seal has been fraudulently affixed.
(4)
Activities relating to promotion or appointment. It shall be unlawful for any person seeking employment or promotion in the city or a municipal agency to either directly or indirectly give, promise, or pay any money, service of other thing of value for, or on account of, in connection with or for the purpose of influencing or affecting their test, appointment, proposed appointment, promotion or proposed promotion.
(5)
Misuse of position. It is unlawful for an official or employee of the city or municipal agency to intentionally use his or her official position to secure a special privilege or exemption for himself, herself or any other person that said employee may have an association or relationship with defined under section 2-191(b)(1) and (6) of this article.
(6)
Misuse of information. It is unlawful for an official or employee of the city or a municipal agency to willfully or knowingly disclose any confidential or privileged information acquired by reason of the officer or employee's position, unless authorized or required by law to do so. Provided that nothing herein shall prohibit an officer or employee from engaging in conduct protected by Chapter 28-50 of the Rhode Island General Laws, the Rhode Island Whistle Blower's Protection Act.
(7)
No show jobs. It is unlawful for an official or employee of the city or a municipal agency to knowingly employ a person with public funds who does not perform tasks which contribute substantially to the work of the government of the city or a municipal agency or whose tasks are grossly disproportionate to the compensation received.
(8)
Outside work during business hours. No city employee shall engage in any outside business or commercial activity during regular business hours of his or her city position. All city employees are assumed to be full time, unless their personnel record or applicable personnel policies indicate otherwise.
(9)
Representing persons. It shall be unlawful for any official or employee of the city or a municipal agency to act as agent or attorney for, or otherwise represent any person (except the city or the municipal agency) before any court, or before any state, federal, or local agency, or any officer or employee thereof in connection with a particular matter:
a.
In which the city or a municipal agency is a party or has a direct and substantial interest; and
b.
In which the employee or official participated personally and substantially as a city official or employee; and
c.
Which involved a specific party or parties at the time of such participation; and
d.
Which is the same matter in which the official or employee participated as a city official or employee.
(10)
Advising or consulting. It shall be unlawful for any official or employee of the city or a municipal agency to aid, advise, counsel, consult or assist another person (except the city or municipal agency) in connection with a particular matter:
a.
In which the city or a municipal agency is a party or has a direct and substantial interest; and
b.
In which the employee or official participated personally and substantially as a city official or employee; and
c.
Which involved a specific party or parties at the time of such participation; and
d.
Which is the same matter in which the official or employee participated as a city official or employee.
(11-6-2018)
Sec. 8-203. - Duty to report.#
A city employee with knowledge or information as to any prohibited conduct within subsection (c) above shall have a responsibility to report said information in a timely manner to the city ethics integrity officer.
(11-6-2018)
Sec. 8-204. - Report of testimonial proceeds intended for personal use.#
Within 90 days from the date of a testimonial affair which was intended to raise funds for the personal use of a person who is a city employee upon her or his retirement or departure from the city or any municipal agency of the city, said city employee or a duly authorized designee shall make a full report to the city clerk, upon a form to be provided by the city ethics integrity officer setting forth the net proceeds realized by the testimonial affair and the names and addresses of each contribution of in excess of $100.00 to the affair and the amount contributed by each. The person making said report shall certify to its correctness. The city employee shall be responsible for maintaining accurate financial records of the testimonial affair and for filing the aforementioned report unless he or she files with the city clerk, prior to the affair, a statement designating another city employee who has signed an acknowledgement accepting responsibility to maintain those records and to file said report.
(11-6-2018)
Sec. 8-205. - Former employees/officials.#
(1)
Representing persons. It shall be unlawful for any person who was an official or employee of the city or a municipal agency or instrumentality, for a period of one year after separation of said position, to act as agent or attorney for, or otherwise represent any person (except the city or the municipal agency) before any court, or before any state, federal, or local agency, or any officer or employee thereof in connection with a particular matter:
a.
In which the former employee or official participated personally and substantially as a city official or employee; and
b.
Which involved a specific party or parties at the time of such participation; and
c.
Which is the same matter in which the official or employee participated as a city official or employee.
(2)
Advising or consulting. It shall be unlawful for any person who was an official or employee of the city or a municipal agency or instrumentality, for a period of one year after separation of said position, to aid, advise, counsel, consult or assist another person (except the city or municipal agency) in connection with a particular matter:
a.
In which the former employee or official participated personally and substantially as a city official or employee; and
b.
Which involved a specific party or parties at the time of such participation; and
c.
Which is the same matter in which the official or employee participated as a city official or employee.
(3)
Contracts, grants and subsidies. It shall be unlawful for any former employee or official of the city or a municipal agency who participated personally and substantially in the negotiation of a municipal contract, grant or, subsidy, including but not limited to a tax stabilization agreement or a tax increment financing arrangement valued at $50,000.00 or more, or who supervised the negotiation or award of such a contract to accept employment with a party to the contract (except the city or municipal agency) or with the recipient of the grant or subsidy for a period of one year after such contract is signed or the grant or subsidy is awarded.
(4)
Confidential information. It shall be unlawful for any former employee or official of the city or a municipal agency to disclose confidential or privileged information acquired during service as employee or official, unless authorized or required by law to do so.
(5)
Revolving door.
a.
It shall be unlawful for an elected official, while holding office and for a period of one year after leaving office, to seek or accept employment with any municipal agency or instrumentality, other than employment which was held at the time of the official's election or at the time of the enactment of this section, except as provided herein.
b.
Nothing contained herein shall be construed to prohibit an elected official from seeking or being elected to any other elective office.
(11-6-2018)
Sec. 8-206. - Campaign ethics.#
(1)
Political activities while on duty, with the exception of the mayor, it is unlawful for an employee of the city or an independent agency to take any active part in political management or in political campaigns during duty hours; provided that this section shall not be construed to prohibit an officer or employee from voting as he or she may choose and from expressing his or her opinion on a political subject or candidate.
(2)
Restrictions on campaigning by city employees. It is unlawful for any employee of the city or a municipal agency while attending to city business within city offices; or while wearing a city uniform required for his or her employment to: a. Request, in person, that any individual contribute any time, money or other thing of value to any candidate, political party or political committee; or b. Solicit, in person, support or votes for any candidate, political party or political measure.
(3)
Soliciting contributions from city employees. It is unlawful for any person to solicit political contributions from employees of the city or a municipal agency during the employee's hours of employment.
(4)
Soliciting contributions in city facilities. It is unlawful for a person to make, solicit, or knowingly accept any campaign contribution in a city facility.
(5)
Aiding and abetting. No person shall knowingly and intentionally provide assistance to or otherwise aid or abet any other person in violating any provision of this [Chapter].
(6)
Suspension or dismissal for felonies related to employment. Upon indictment, information or complaint and/or arraignment for a felony directly related to his or her employment, any city employee shall be suspended with or without pay, or transferred to another position. Upon conviction of or plea of nolo contendere to a felony related to his or her employment, a city employee shall be dismissed immediately.
(11-6-2018)
Sec. 8-207. - Penalties and enforcement.#
(1)
Criminal penalties. Any person who knowingly and willfully violates the provisions of this article shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 for each violation and/or imprisonment of not more than 30 days.
(2)
Civil penalties. Any person who intentionally or negligently violates the provisions of this article shall be liable in a civil action brought by the city solicitor in the municipal court for an amount up to $500.00 for each violation as well as the pecuniary value of any unjust enrichment realized by the violator, a family member of the violator or a business associate of the violator as the result of his or her violation of this article.
(3)
Statute of limitations. No complaint may be made under this article except within five years after the violation alleged in the complaint has been committed.
(11-6-2018)
Sec. 8-208. - City ethics integrity officer.#
The role of city ethics integrity officer is hereby established and shall be executed by the city solicitor. (1)
Mission. The mission of the city ethics integrity officer is to encourage each of the officials and employees of the city and municipal agencies to act in an ethical manner. This mission requires that the city ethics integrity officer encourage employees and officials not only to comply with various laws, but more importantly, to adhere to the highest standards of ethical behavior.
(2)
Duties. In pursuing the above referenced mission, the duties of the city ethics integrity officer include, but are not limited to the following:
a.
Education and training. Develop training and education programs in coordination with the state ethics commission and in so doing encourage compliance with both the letter and the spirit of ethics laws. An introductory program will be required for all employees and officials.
b.
Written materials. The city ethics integrity officer will publish a "plain English" Ethics Handbook which addresses the requirements of the city ethics code and the code of ethics of the state.
c.
Website and reporting. The city ethics integrity officer may develop and publish a website related to city ethics to contain a vehicle whereby members of the public may report any circumstance or situation involving an employee or official of the city or a municipal agency which appears to violate or may potentially violate the city ethics code or the code of ethics of the state. The website should contain links to readable and downloadable copies of the city ethics code and the code of ethics of the state.
d.
Information advice. The city ethics integrity officer will be available on a confidential basis to all employees and officials to answer questions regarding ethics and may provide informal advice regarding issues relating to the city code of ethics. The municipal integrity officer will also assist employees and officials in seeking guidance from the state ethics commission relative to the code of ethics of the state.
e.
Review and recommend. Review periodically this Code and other applicable laws and recommend to the office of the mayor and the city council appropriate changes to this [Chapter].
f.
Liaison with state ethics commission. The city ethics integrity officer will maintain liaison with the state ethics commission on a regular basis to remain attuned to the requirements of the state code to engender cooperation with the state ethics commission.
(11-6-2018)
Sec. 8-300. - Complaints by citizens.#
Any qualified elector of the city may file a sworn statement in the office of the city clerk charging that any elected officer of the city has ceased to possess the qualifications specified in section 8-100 of this Charter, or has been convicted of a crime as set forth in said section, or that there has been a violation of any of the other sections of chapter 1 of this article, which said statement shall set out the particulars as to the charges made. The city clerk shall present such charges to the council.
(11-6-2018)
Sec. 8-301. - Penalties.#
A violation of any of the prohibitions of chapter 1 of this article shall be punishable pursuant to Rhode Island Law.
(11-6-2018)