Title 2 - Administration and Personnel

2.22.130 Official Misconduct

Elected and appointed officials of the City shall not commit official misconduct. Official misconduct includes:

1. A.
   Discrimination. Elected and appointed officials shall not discriminate on the basis of sex, race, color, ethnic background, religion, age, national origin, gender, sexual orientation, disability, gender identity, or gender expression of employees in their employment with the City or individuals in their use and enjoyment of the services, privileges, and advantages of the City. This provision does not prohibit officials from making appointments, filling vacancies, or otherwise engaging the public in such way as to include community members with diverse backgrounds based on sex, race, color, ethnic background, religion, age, national origin, gender, sexual orientation, disability, gender identity, or gender expression.
2. B.
   Nepotism. In order to avoid conflicts of interest or perceptions of a conflict, family members of the Governing Body should not be appointed to serve as a member of a Plural Authority, and elected or appointed officials shall not request or recommend family members for employment with the City. This provision shall not prevent an official from providing a recommendation for their minor child(ren)’s temporary employment with the City, or an official’s minor child(ren) from being appointed to a Plural Authority. For purposes of this provision, “family member” is defined as the spouse, child, or parent of the official.
3. C.
   Personal Gifts and Favors. Elected and appointed officials shall not accept personal gifts where they know or should know a personal gift worth more than a nominal value ($50.00 or more) would not be extended to them except for their official position, or where they know or should know a personal gift is intended to influence their official actions. This provision shall not apply to: a) an award publicly presented in recognition of public service, b) gifts conferred on account of kinship or other personal, professional, or business relationships independent of the official status of the receiver, or c) trivial gifts involving no substantial risk of undermining official impartiality.
4. D.
   Pre-Acquisition of Interest. Elected or appointed officials shall not acquire a personal financial interest in a contract or transaction which is under consideration by the City if the official learns while acting within the scope of their official duties that they will obtain a personal financial benefit by the action of the City on such contract or transaction.
5. E.
   Private Use of Public Resources. Elected and appointed officials shall not use public resources that they may use in their official capacity (e.g. City-owned vehicles, City staff time, equipment, supplies, property, etc.) for private gain, personal purposes, or other activities not related to City business unless otherwise authorized by law or City policy. Prohibited activities that are not related to City business include using public resources to post or otherwise interact on social media pages, pursue personal commercial endeavors, or conduct political activity to include the activity prohibited by K.S.A. 25-4169a, and amendments thereto.
6. F.
   Representation of Private Interests. To avoid creating the appearance of impropriety, undue influence, and impartiality, elected and appointed officials shall not appear on behalf of the private interests of any person or business entity before the City Council, Council Committee, or any Plural Authority to which they have been appointed, unless they are representing themselves, their spouse, or their minor child(ren). This provision does not prohibit an elected or appointed official from attending City Council, Council Committee, or Plural Authority meetings in the performance of public or civic obligations.
7. G.
   Use or Disclosure of Confidential Information. Elected and appointed officials shall not, without proper legal authorization, disclose any confidential or privileged information provided to them in their official capacity, nor use such information to advance their personal, financial, or other private interests. For the purposes of this provision, “confidential or privileged information” includes any material information discussed in a closed or executive meeting that is specifically related to the basis for the closed or executive meeting and has not previously been made available to the public, and any record or information therein that has not previously been made available to the public and the official knows or should know is confidential.

(History: Ord. No. COE-3303 §5, 2020)

Effective on: 1/1/1901