(a)   Adoption of Code of Ethics

(1)   There is hereby established a Code of Ethics for all Board, Commission, or Committee members of the City. For the purpose of this section, Board, Commission, or Committee members shall herein be referred to as Appointed Officials in Article 8. 

(2)   The proper operation of democratic government requires that Appointed Officials be accountable to the people they serve. This Code aims to establish a process to determine whether an Appointed Official has committed misconduct, promote and maintain the highest ethical standards of conduct for appointed officials, and encourage public confidence in the City’s services and the public trust of its decision-makers.

(b)   Responsibilities of Public Office. Appointed Officials of the City are bound to uphold and carry out impartially the laws of the United States, the State of Kansas, and the City of Valley Falls, and thus are expected to foster respect for all levels of government.

(c)   Official Misconduct. Appointed officials of the City shall not commit official misconduct. Official misconduct includes:

(1)   Discrimination. Appointed officials shall not discriminate based on 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 a 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)   Nepotism. To avoid conflicts of interest or perceptions of a conflict, no two family members shall serve on the same Board, Commission, or Committee. Appointed Officials should not request or recommend family members for employment with the City. This provision shall not prevent an Appointed Official from providing a recommendation for their minor child(ren)’s temporary employment with the City. For purposes of this provision, “family member” is defined as the spouse, child, or parent.

(3)   Personal Gifts and Favors. 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

(C)  trivial gifts involving no substantial risk of undermining official impartiality.

(4)   Pre-Acquisition of Interest. 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)   Private Use of Public Resources. 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 unrelated 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)   Representation of Private Interests. To avoid creating the appearance of impropriety, undue influence, and impartiality, Appointed Officials shall not appear on behalf of the private interests of any person or business entity before the City Council, Board, Commission, 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 Appointed Official from attending City Council, Board, Commission, Committee, or Plural Authority meetings in the performance of public or civic obligations.

(7)   Use or Disclosure of Confidential Information. 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. Any record or information therein that has not previously been made available to the public and the official knows or should know is confidential.

(8)   Bylaws and Ethics Specific to Board, Commission, or Committee. Appointed Officials shall not violate any Bylaws or Ethics specific to the Board, Commission, or Committee of which they are serving.

(Ord. 1-800; Code 2023)

(a)   Members of any board, commission, or committee may be removed by a majority vote of the City Council for any of the following reasons:

(1)   Committing any act constituting a felony; or

(2)   Committing any act constituting a violation of any penal statute involving moral turpitude.

(b)   A majority vote of the city council may remove any member of any board, commission, or committee at any time for the following reasons:

(1)   Misconduct in office;

(2)   Failure to perform duties as prescribed by law;

(3)   For such other good and sufficient cause so deemed by the city council. Cause shall include, but not be limited to, violations of any conflict-of-interest policy or law; neglect of duty; violation of any applicable law, regulation, or policy; excessive unexcused non-attendance at meetings; or conduct which raises questions concerning the city’s business practices or impartiality.

Notice of the city council meeting and an opportunity to be present and be heard at the time and place scheduled for said meeting shall be provided to any board, commission, or committee member for whom removal is being considered under these provisions. Notice and opportunity to be heard will not be required if the city council learns of the conviction of an act of moral turpitude by a board, commission, or committee member having occurred before the board, commission, or committee member was first appointed and the council was not previously informed of the same.

(Ord. 1-800; Code 2023)