Chapter 2
ADMINISTRATION*

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Cross references: Any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness saved from repeal, § 1-11(2); any contract or obligation assumed by the city saved from repeal, § 1-11(3); any administrative ordinances or resolutions of the city not in conflict or inconsistent with the provisions of this Code saved from repeal, § 1-11(13); administrative agency for Savannah international airspace zoning regulations, § 18-42; civil emergencies, ch. 34; courts, ch. 38; administration and enforcement of wetlands protection regulations, § 42-242; administration of flood damage prevention regulations, § 50-66 et seq.; planning, ch. 62; planning and zoning commission, § 62-31 et seq.; taxation, ch. 78; utilities, ch. 86.

State law references: Municipal corporations generally, O.C.G.A. § 36-3-1 et seq.; incorporation of municipal corporations, O.C.G.A. § 36-31-1 et seq.; powers of municipal corporations generally, O.C.G.A. § 36-34-1 et seq.; powers relating to administration of municipal government generally, O.C.G.A. § 36-34-2; the Municipal Home Rule Act of 1965, O.C.G.A. § 36-35-1 et seq.; home rule for municipalities, Ga. Const. art. IX, § II, ¶ II.

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Article I. In General

Sec. 2-1. Departments created.

Secs. 2-2? 2-30. Reserved.

Article II. Aldermanic Board

Division 1. Generally

Sec. 2-31. Meetings.

Sec. 2-32. Standing committees.

Secs. 2-33? 2-55. Reserved.

Division 2. Rules of Procedure

Sec. 2-56. Order of business.

Sec. 2-57. Speaking.

Sec. 2-58. Silence to be preserved.

Sec. 2-59. Addressing members.

Sec. 2-60. Passing between chairman and speaker; leaving seat before adjournment.

Sec. 2-61. Calling for division of question.

Sec. 2-62. Proper motions when subject under consideration.

Sec. 2-63. Resolutions and motions to amend; record of voting.

Sec. 2-64. Communications through chairman.

Sec. 2-65. Communications to be in writing.

Sec. 2-66. Motion to reconsider.

Sec. 2-67. Reconsidered matters.

Sec. 2-68. Matter in possession.

Sec. 2-69. Protest against proceeding.

Sec. 2-70. Questions put first.

Sec. 2-71. Calling up matter from table.

Sec. 2-72. No debate during reading of yeas and nays.

Sec. 2-73. Nonvoting causes; contest of seat.

Sec. 2-74. Requiring motion in writing; deciding matters not otherwise provided.

Sec. 2-75. Motion to adjourn.

Sec. 2-76. Trials to be closed.

Sec. 2-77. Calling ordinances and resolutions.

Sec. 2-78. Parliamentary rules.

Sec. 2-79. Changing rules.

Sec. 2-80. Suspending rules; changing order of business.

Secs. 2-81? 2-110. Reserved.

Article III. Officers and Employees

Division 1. Generally

Secs. 2-111? 2-130. Reserved.

Division 2. City Manager

Sec. 2-131. Provisions saved from repeal.

Secs. 2-132? 2-160. Reserved.

Article IV. Finance

Sec. 2-161. Purpose.

Sec. 2-162. Definitions.

Sec. 2-163. Fiscal year.

Sec. 2-164. Budget.

Sec. 2-165. Budget officer.

Sec. 2-166. Budget preparation.

Sec. 2-167. Budget ordinance or resolution.

Sec. 2-168. Audits.

Secs. 2-169? 2-190. Reserved.

Article V. Code of Ethics

Sec. 2-191. Declaration of policy.

Sec. 2-192. Scope of persons covered.

Sec. 2-193. Definitions.

Sec. 2-194. Standards of conduct.

Sec. 2-195. Prohibition of conflict of interest.

Sec. 2-196. Exemptions.

Sec. 2-197. Severability.

Sec. 2-198. Penalty.

ARTICLE I.
IN GENERAL

Sec. 2-1. Departments created.

The following departments of the city are created:

(1) Administration.

(2) Finance.

(3) Leisure services.

(4) Public safety.

(5) Building/zoning.

(6) Public works.

Secs. 2-2? 2-30. Reserved.

ARTICLE II.
ALDERMANIC BOARD*

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State law references: Personal liability of councilmembers and other municipal officers, O.C.G.A. § 36-33-4; authority to adopt municipal ordinances, resolutions or regulations, O.C.G.A. § 36-35-3.

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DIVISION 1.
GENERALLY

Sec. 2-31. Meetings.

(a) The regular meetings of the aldermanic board shall be held at the city hall on the first and third Monday of each month, at 6:00 p.m., except when such day is a legal holiday observed by the city, in which case the regular meeting shall be held on the following day at the same time and place. The aldermanic board may change the day and time for regular meetings by resolution.

(b) Special meetings of the aldermanic board may be called by either the mayor or any four aldermen upon 48 hours' notice to all the aldermanic board members. This notice may be waived by all members of the aldermanic board. Notice to the public of special meetings shall comply with state law regarding open meetings.

(Code 1976, § 2-20; Ord. of 8-21-1989)

State law references: Due notice requirements for other than regular meetings, O.C.G.A. § 50-14-1(d); requirement to prescribe the time, place and dates of regular meetings of governing authority, O.C.G.A. § 50-14-1(d); meetings to be open to public, O.C.G.A. § 50-14-1; exemptions from open meeting requirements, O.C.G.A. § 50-14-3.

Sec. 2-32. Standing committees.

The following standing committees of the aldermanic board shall be appointed by the mayor at the organization meeting after their regular election:

(1) Finance.

(2) Public safety.

(3) Streets and drainage.

(4) Water and sewer.

(5) Building and zoning.

(6) Recreation.

(Code 1976, § 2-1)

Secs. 2-33? 2-55. Reserved.

DIVISION 2.
RULES OF PROCEDURE

Sec. 2-56. Order of business.

Unless otherwise provided in a previously prepared agenda, the following order of business shall be observed by the aldermanic board:

(1) Reading the minutes.

(2) Petitions and communications.

(3) Report of committees.

(4) Report of officers.

(5) Resolutions, orders and ordinances.

(6) Accounts and salaries.

(7) Unfinished business.

(8) Trial of appeals.

(Code 1976, § 2-21)

Sec. 2-57. Speaking.

When any alderman is about to speak in debate or deliver any matter to the aldermanic board, he shall rise from his seat and respectfully address himself to "Mr. Mayor." He shall be confined to the matter in debate and shall not speak any more than twice on any subject, nor more than once until every aldermanic board member choosing to speak shall have spoken. If any aldermanic board member, in speaking or otherwise, transgresses the rules of the aldermanic board, the mayor shall call him to order, in which case the aldermanic board member so called to order shall sit down, unless permitted to explain. The aldermanic board shall, if appealed to, decide, and if the decision of the aldermanic board is not appealed to, the delinquent shall be reproved for the first offense. For the second offense he shall be fined in a sum not exceeding $10.00. For the third offense he may be expelled from the aldermanic board chamber.

(Code 1976, § 2-22)

Sec. 2-58. Silence to be preserved.

The members of the aldermanic board at all aldermanic board meetings shall refrain from private conversation, and shall maintain silence until a speaking aldermanic board member shall have taken his seat.

(Code 1976, § 2-23)

Sec. 2-59. Addressing members.

No member of the aldermanic board shall address the aldermanic board or interrogate an aldermanic board member who is speaking, except through the chairman.

(Code 1976, § 2-24)

Sec. 2-60. Passing between chairman and speaker; leaving seat before adjournment.

No aldermanic board member shall pass between the chairman and a member of the aldermanic board while he is speaking, nor shall any aldermanic board member at the time of adjournment leave his seat until the mayor shall announce the meeting adjourned.

(Code 1976, § 2-25)

Sec. 2-61. Calling for division of question.

Any alderman may call for a division of the question on a subject which the sense thereof will admit.

(Code 1976, § 2-26)

Sec. 2-62. Proper motions when subject under consideration.

When a subject is before the aldermanic board for consideration, no motion shall be received but to adjourn, to lay on the table, for the previous question, to postpone indefinitely, to postpone to a day certain, to commit or to amend, which several motions shall have precedence in the order they stand arranged. No motion for adjournment shall be debatable, and the motion for adjournment for the second time shall be out of order until further progress has been made in the business of the aldermanic board.

(Code 1976, § 2-27)

Sec. 2-63. Resolutions and motions to amend; record of voting.

All resolutions and all motions to amend any matter before the aldermanic board shall be in writing. No motion to lay an amendment on the table shall be in order. The yeas and nays on any question shall, at the desire of any one alderman, be entered on the record, and the recorder shall also enter on the record the names of those aldermen voting and not voting.

(Code 1976, § 2-28)

Sec. 2-64. Communications through chairman.

When a petition, communication or message of any kind shall be sent to the aldermanic board, it shall be respectfully communicated to the chairman by the person through whom it may be sent. All such petitions, communications or messages shall be numbered as they are received, and taken up and disposed of in the order they are received, unless otherwise ordered by a majority of the aldermanic board.

(Code 1976, § 2-29)

Sec. 2-65. Communications to be in writing.

All communications to the aldermanic board must be in writing.

(Code 1976, § 2-30)

Sec. 2-66. Motion to reconsider.

When the minutes of the preceding meeting of the aldermanic board shall be read, it shall be within the power of any aldermanic board member to move for a reconsideration of any matter therein contained, provided such aldermanic board member shall notify the aldermanic board of his intention to move such reconsideration at any time before the minutes are confirmed.

(Code 1976, § 2-31)

Sec. 2-67. Reconsidered matters.

Ordinances, resolutions or other matters reconsidered shall take their place for consideration at the foot of all other business before the aldermanic board.

(Code 1976, § 2-32)

Sec. 2-68. Matter in possession.

After an ordinance, resolution, motion or other matter is introduced before the aldermanic board and stated by the mayor or read by the recorder, it shall be deemed to be in the possession of the aldermanic board, but may be withdrawn at any time before a decision thereon by consent of the aldermanic board.

(Code 1976, § 2-33)

Sec. 2-69. Protest against proceeding.

Any alderman may enter a protest against any proceeding of the aldermanic board.

(Code 1976, § 2-34)

Sec. 2-70. Questions put first.

On all questions before the aldermanic board, the last amendment, the most distant day and the largest sum shall be put first.

(Code 1976, § 2-35)

Sec. 2-71. Calling up matter from table.

A simple majority of the aldermanic board may call up for consideration any matter ordered to lie on the table.

(Code 1976, § 2-36)

Sec. 2-72. No debate during reading of yeas and nays.

During the reading of yeas and nays on any question, no debate shall be had.

(Code 1976, § 2-37)

Sec. 2-73. Nonvoting causes; contest of seat.

No member of the aldermanic board shall vote upon any question in which he is immediately and particularly interested, or in any case where he was not present when the question was put, unless by permission of the aldermanic board. In the case of a contested seat, the sitting aldermanic board member and the contestant shall retire from the aldermanic board chamber before the vote is taken.

(Code 1976, § 2-38)

Sec. 2-74. Requiring motion in writing; deciding matters not otherwise provided.

The aldermanic board may require any motion to be put in writing. On all questions not otherwise provided in the rules contained in this article, a majority vote of the aldermanic board may decide.

(Code 1976, § 2-39)

Sec. 2-75. Motion to adjourn.

A motion to adjourn shall always be in order.

(Code 1976, § 2-40)

Sec. 2-76. Trials to be closed.

In all trials of persons or questions before the aldermanic board, the chamber shall be closed after the evidence and argument are closed, until the aldermanic board is ready to render a decision.

(Code 1976, § 2-41)

Sec. 2-77. Calling ordinances and resolutions.

All ordinances and resolutions shall be called in the order in which they stand on the minutes, and before reading any ordinance or resolution the second time, the recorder shall distinctly state its number and the name of the alderman by whom it was introduced.

(Code 1976, § 2-42)

Sec. 2-78. Parliamentary rules.

When any question arises which is not provided for in the rules contained in this article, as far as practicable, it shall be controlled by Robert's Rules.

(Code 1976, § 2-43)

Sec. 2-79. Changing rules.

No change of, or addition to, the rules contained in this article shall be made, unless such proposed change or addition is first referred to a committee on rules, and reported back to the aldermanic board, and shall then require a majority vote of the aldermanic board for its adoption.

(Code 1976, § 2-44)

Sec. 2-80. Suspending rules; changing order of business.

The rules of the aldermanic board shall in no case be suspended, nor shall the order of business be changed, except by a vote of a majority of the aldermanic board.

(Code 1976, § 2-45)

Secs. 2-81? 2-110. Reserved.

ARTICLE III.
OFFICERS AND EMPLOYEES*

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Editor's note: The city compiles and publishes separately additional administrative regulations in its manual of personnel policies and procedures. The manual incorporates the retirement plan for city employees and includes regulations pertaining to operation of the police and fire departments. An official copy of the manual and associated documentation are on file in the office of the city clerk.

Cross references: Any ordinance fixing the salary of any city officer or employee saved from repeal, § 1-11(4); dog control officer, § 14-83.

State law references: Personal liability of councilmembers and other municipal officers, O.C.G.A. § 36-33-4; power to define, regulate and alter the powers, duties, qualifications, compensation and tenure of municipal officers, agents and employees, O.C.G.A. § 36-34-2(2); authority to establish retirement systems for municipal employees, O.C.G.A. § 36-34-2(4); authority of municipality to provide insurance, retirement and pension benefits, O.C.G.A. § 36-35-4; Fair Employment Practices Act of 1978, O.C.G.A. § 45-19-20 et seq.; municipal or county governments not to require residence as condition of employment, O.C.G.A. § 45-2-5; random drug testing of state employees in high-risk jobs, O.C.G.A. § 45-20-90 et seq.; public Employee Hazardous Chemical Protection and Right to Know Act of 1988, O.C.G.A. § 45-22-1 et seq.; Drug-Free Public Work Force Act of 1990, O.C.G.A. § 45-23-1 et seq.; social security coverage for employees of the state and political subdivisions of the state, O.C.G.A. § 47-18-1 et seq.; public Retirement Systems Standards Law, O.C.G.A. § 47-20-1 et seq.; Georgia Municipal Employees Benefit System, O.C.G.A. § 47-5-1 et seq.; authority to maintain and modify retirement or pension systems, Ga. Const. art. IX, § II, ¶ III(a)(14).

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DIVISION 1.
GENERALLY

Secs. 2-111? 2-130. Reserved.

DIVISION 2.
CITY MANAGER

Sec. 2-131. Provisions saved from repeal.

Sections 2-46? 2-48 of the 1976 Code relating to the city manager are not repealed and shall continue in full force and effect pending a revision of the subject matter by the city.

Secs. 2-132? 2-160. Reserved.

ARTICLE IV.
FINANCE*

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Cross references: Taxation, ch. 78.

State law references: Discretion of governing body as to management and disposition of property, O.C.G.A. § 36-30-2; acquisition, sale and lease by municipality of real and personal property, O.C.G.A. § 36-37-1 et seq.; disposition of municipal property generally, O.C.G.A. § 36-37-6; grants of state funds to municipalities, O.C.G.A. § 36-40-1 et seq.; multiyear lease, purchase or lease purchase contracts, O.C.G.A. § 36-60-13; local government budgets and audits, O.C.G.A. § 36-81-1 et seq.; establishment of fiscal year required, O.C.G.A. § 36-81-3; appointment of budget officer, O.C.G.A. § 36-81-4; preparation of proposed budget, O.C.G.A. § 36-81-5; adoption of budget ordinance, O.C.G.A. § 36-81-6; accounting for public funds, O.C.G.A. § 45-8-1 et seq.; purchases through state, O.C.G.A. § 50-5-100 et seq.; power of expenditure, Ga. Const. art. IX, § IV, ¶ II.

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Sec. 2-161. Purpose.

The purpose of this article is to provide financial management standards and procedures relating to the budget and auditing requirements of House Bill 776.

(Code 1976, § 8-61)

Sec. 2-162. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Budget means a proposed plan for raising and spending money for specified programs, functions and activities during a fiscal year.

Budget officer means the local government official charged with budget preparation, administration and fiscal control for the local government.

Budget ordinance means a governmental action which appropriates revenues for specified purposes, functions or activities for a fiscal year.

Fiscal year means the period for which a budget is proposed or a budget ordinance is adopted.

Fund means a fiscal and accounting entity with a self-balancing set of accounts recording cash and other financial resources, together with all related liabilities and residual equities or balances, and changes therein, which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations.

Unit of local government means a municipality or other political subdivision of the state.

(Code 1976, § 8-62)

Cross references: Definitions generally, § 1-2.

Sec. 2-163. Fiscal year.

The fiscal year for the city, as provided in section 6.16 of the Charter, ends annually on December 31.

(Code 1976, § 8-63)

Sec. 2-164. Budget.

(a) The city shall operate under an annual balanced budget.

(b) The budget shall be adopted by ordinance or resolution and administered in accordance with House Bill 776.

(c) In operating under a balanced budget, the city may amend the budget so as to adapt to changing governmental needs during the fiscal year. Amendments shall be made as follows:

(1) Any increase in appropriation in any fund for a department of local government shall require the approval of the mayor and aldermanic board.

(2) Transfers of appropriations in any fund among the various accounts within a department of local government shall require only the approval of the budget officer, except that transfers of appropriations within a department of local government which increases the salary appropriation shall require the approval of the aldermanic board.

(Code 1976, § 8-64)

Sec. 2-165. Budget officer.

Under the authority given him in subsection 3.12(a)(7) of the Charter, the mayor shall serve as budget officer for the purpose of this article.

(Code 1976, § 8-65)

Sec. 2-166. Budget preparation.

(a) At the third regular aldermanic board meeting preceding the opening of each fiscal year (as prescribed by section 6.16 of the Charter) the budget officer shall prepare and present the budget for the ensuing fiscal year.

(b) The budget shall provide a detailed statement of the amount budgeted for anticipated revenues by category and the amount budgeted for expenditures by category for the current year, including budget amendments, and the anticipated revenues and proposed expenditures for the proposed budget year.

(c) On the day that the budget is presented to the aldermanic board, the aldermanic board shall:

(1) Place a copy of the budget in the clerk's office at the city hall for inspection by the general public during regular business hours. Upon request by the news media, a copy of the budget shall also be made available to them.

(2) Place a prominently displayed advertisement in a newspaper of general circulation advising the residents of the city of the availability and location of the budget. The advertisement shall also contain a statement as to the time and place of the budget hearing.

(d) Not later than one week (seven days) prior to the adoption of the budget ordinance or resolution, the aldermanic board shall conduct a public hearing on the budget.

(e) Nothing in this section shall be deemed to preclude the conduct of further budget hearings.

(Code 1976, § 8-66)

Sec. 2-167. Budget ordinance or resolution.

(a) After the conclusion of the hearing required in section 2-166(d), the aldermanic board shall adopt a budget ordinance or resolution making appropriations for the fiscal year.

(b) The budget ordinance or resolution shall be adopted at a public meeting which shall be advertised in a prominently displayed advertisement in a newspaper of general circulation. The advertisement shall state the date and time of the meeting and shall run no later than one week (seven days) prior to the meeting.

(Code 1976, § 8-67)

Sec. 2-168. Audits.

(a) The aldermanic board shall provide for and cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the local government for each fiscal year.

(b) At the option of the aldermanic board, an audit may be made at intervals of less than one year.

(c) The audit shall be conducted in accordance with generally accepted auditing standards.

(d) The aldermanic board may contract with the state auditor to the extent that he is able to provide comparable auditing services.

(e) All annual audit reports shall contain, at a minimum, the following:

(1) Financial statements prepared in conformity with generally accepted governmental accounting principles, setting forth the financial condition and results of operation of each fund and activity of local government.

(2) The opinion of the auditor with respect to the financial statements. In addition to an explanation of any qualification or disclaimers contained in the opinion, it should also disclose any apparent material violation of state or local law discovered during the audit.

(f) Each annual audit report shall be completed and a copy of the report forwarded to the state auditor within 180 days after the close of the fiscal year, unless the state auditor waives the 180-day requirement.

(g) A copy of the audit report containing any comments made by the state auditor shall be maintained as a public record for public inspection in the clerk's office at city hall.

(Code 1976, § 8-68)

Secs. 2-169? 2-190. Reserved.

ARTICLE V.
CODE OF ETHICS

Sec. 2-191. Declaration of policy.

It is the policy of the city that the public officials be independent, impartial and responsible to the people; that government decisions and policy be made in proper channels of the government structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all city officials is adopted.

This code has the following purposes: (1) to encourage high ethical standards in official conduct by city officials; (2) to establish guidelines for ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the best interest of the city; (3) to require disclosure by such officials of private financial or other interest in manners affect the city; and (4) to serve as a basis for disciplining those who refuse to abide by its terms.

The provisions of this article shall not apply to political contributions, loans, expenditures, reports or regulation of political campaigns or the conduct of candidates in such campaigns.

(Ord. of 5-7-2001, art. I)

Sec. 2-192. Scope of persons covered.

The provisions of this code of ethics shall be applicable to the mayor and aldermanic board and to planning and zoning members.

(Ord. of 5-7-2001, art. II)

Sec. 2-193. Definitions.

As used in this article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

City official or official, unless other expressly defined, means the mayor, members of the aldermanic board, municipal court judges (not including substitute judges), city manager, city clerk, whether such person is salaried, hired or elected, and all other persons holding positions designated by the City Charter, as it may be amended from time to time. City official, unless otherwise expressly defined, includes individuals appointed by the mayor and aldermanic board and the planning and zoning committee.

Decision means any ordinance, resolution, contract, franchise, formal action or other matter voted on by the aldermanic board or planning and zoning committee or which can or may lead to a vote or formal action by that body.

Discretionary authority means the power to exercise any judgment in a decision or action.

Entity means sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, receivership, trust or any other entity recognized by law through which business may be conducted.

Immediate family means spouse, mother, father, brother, sister, son, or daughter of any city official.

Incidental interest means an interest in a person, entity or property which is not a substantial interest and which has insignificant value.

Remote interest means an interest of a person or entity, including a city official, which would be affected in the same way as the general public. The interest of the mayor or a member of the aldermanic board in the property tax rate, general city fees, city utility charges, or a comprehensive zoning ordinance or similar decisions incidental to the extent that the council member would be affected in common with the general public.

Substantial interest means a known interest, either directly or through a member of the immediate family, in another person or entity: (1) the interest is ownership of five percent or more of the voting stock, shares or equity of the entity or ownership of $5,000.00 or more of the equity or market value of the entity; or (2) funds have been received by the person from the other person or entity either during the previous 12 months or the previous calendar year equaled or exceeded $5,000.00 in salary, bonuses, commissions or professional fees or in an amount exceeding $5,000.00 in payment for goods, products or nonprofessional services, or ten percent of the recipient's gross income during that period, whichever is less; (3) the person serves as a corporate officer or member of the board of directors or other governing board of the for profit entity other than a corporate entity owned or created by the city council; or (4) the person is a creditor, debtor, or guarantor of the other person or entity in an amount in excess of $5,000.00. Substantial interest in real property means any interest in real property, which is an equitable or legal ownership having a value in excess of $5,000.00.

(Ord. of 5-7-2001, art. III)

Sec. 2-194. Standards of conduct.

(a) No member of the aldermanic board or planning and zoning board or shall use such position to secure special privileges or exemptions for such person or others, or secure confidential information for any purpose other than official responsibilities.

(b) No such member in any matter before the aldermanic board and planning and zoning board in which he has substantial interest, shall fail to disclose for the record such interest prior to any discussion or vote.

(c) No such member shall act as agent or attorney for another in any matter before the aldermanic board or planning and zoning board.

(d) No such member or commissioner or board member or authority member shall receive or agree to receive, any compensation, gift, reward, or gratuity in any matter or proceeding directly connected with, or related to, the duties of his office except as may be provided by law.

(e) No such member shall enter into any contract with the city except as specifically authorized by state statutes. Any such member who has a substantial interest in an agency doing business with the city shall make known that interest in writing to the aldermanic board.

(f) All public funds shall be used for the general welfare of the people and not for personal economic gain.

(g) Public property shall be disposed of in accordance with state law.

(h) No city official shall solicit or accept other employment to be performed or compensation to be received while still a city official or employee, if the employment or compensation could reasonably be expected to impair the judgment or performance of city duties.

(i) If a city official accepts or is soliciting a promise of future employment from any person or entity who has a substantial interest in a person, entity or property which would be affected by any decision upon which the official might reasonably be expected to act, investigate, advise, or make a recommendation, the official shall disclose the fact to the aldermanic board or the city manager shall take no further action on matters regarding the potential future employer.

(j) No city official shall use facilities, personnel, equipment or supplies for strictly private purposes, except to the extent such are lawfully available to the public.

(k) No city official or employee shall grant or make available to any person any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to the public at large.

(Ord. of 5-7-2001, art. IV)

Sec. 2-195. Prohibition of conflict of interest.

A city official may not participate in a vote or decision on a matter affecting a person, entity, or property in which the official or employee has a substantial interest; in addition, a city official or employee who serves as a corporate officer or member of the board of directors of a non-profit entity may not participate in a vote or decision regarding funding by or through the city of entity. Where the interest of a city official or employee in the subject matter of a vote or decision is remote or incidental, the city official or employee may participate in the vote or decision and need not disclose the interest.

(Ord. of 5-7-2001, art. V)

Sec. 2-196. Exemptions.

This code shall not be construed to require the filing of any information relating to any person's connection with, or interest in, any professional society or any charitable, religious, social, fraternal, educational, recreational, public service, civil or political organization, or any similar organization not conducted as a business enterprise or governmental agency, and which is not engaged in the ownership or conduct of a business or governmental agency.

(Ord. of 5-7-2001, art. VI)

Sec. 2-197. Severability.

The provision of this article is severable. If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this article, which shall be given effect without the invalid provisions, or application.

(Ord. of 5-7-2001, art. VII)

Sec. 2-198. Penalty.

Any person violating any provision of this policy are subject to:

(1) Written and oral reprimand by the aldermanic board.

(2) A fine of not more than $500.00 to be imposed by the aldermanic board.

(3) Request for resignation by the aldermanic board.

The aldermanic board shall have authority to establish rules and regulations to impose said penalties.

(Ord. of 5-7-2001, art. VIII)