1. “Ethics” is defined as the rules and standards governing those persons functioning as representatives of the Town of Clarkdale (the Town). These rules and standards are based upon a set of values judged to be moral to the extent that they enhance society and an individual’s relationship to others.

2. “Representative of the Town” or “public official” means a public official of the Town, elected or appointed, salaried or unpaid, including the Mayor, Council members, and any board or commission member.

3. The purpose of this code is to establish ethical standards of conduct for these public officials acting in their official public capacity.

4. Elected and appointed officials must balance diverse constituent interests. Public officials must adhere to ethical standards such as honesty, avoidance of conflicts of interest, unfairness or illegality. Preservation of the public trust is critical for the preservation of our democracy.

1. By oath of office each representative of the Town is responsible to uphold the Constitution of the United States, the Constitution of the State of Arizona and the ordinances and regulations of the Town. The public official shall perform his or her obligations in a manner that is impartial and responsible to all people.

2. Elected and appointed officials have an obligation to put the interests of the Town of Clarkdale over all personal considerations. “What is in the best interest for the broadest public good” should be the official’s standard that s/he must strive to promote in carrying out the Town Vision and Mission.

3. Elected and appointed officials are obliged to attend meetings and to be prepared. Review of materials, participation in discussions and making informed decisions on the merits of the issues are of prime importance when serving the public.

4. Council members must comply annually with the Financial Disclosure Act, pursuant to A.R.S. §§ 18-444 and 38-541 et seq.

1. Definition. Arizona conflict of interest laws, A.R.S. § 38-503 et seq., apply to all representatives of the Town. Any Town of Clarkdale public officer or employee who has, or whose relative has, a substantial interest in any contract, sale, purchase or service to the Town shall make known that interest in the official records of the Town and shall refrain from voting upon or otherwise participating in any manner as an officer or employee in the contract, sale, or purchase. Additionally, any public officer or employee who has, or whose relative has, a substantial interest in any decision of a public agency shall make known such interest in the official records of such public agency and shall refrain from participating in any manner as an officer or employee in such decision.

2. Mandatory Declaration. Once a public officer or employee determines that a substantial interest may be affected, the officer or employee must disclose the interest and withdraw from all participation in the decision or contract. A.R.S. § 38-503(A), (B). Even though public officers or employees may believe that they can be objective in making a decision and that the public interest would not be harmed by their participation, they do not have discretion to ignore the statutory mandate.

3. Declaring a Conflict. To declare a conflict of interest, the public official must provide written disclosure of that interest to the Town Clerk to be filed in the Town’s special conflict of interest file. A.R.S. § 38-503(A), (B). The officer or employee may either file a signed written disclosure statement fully disclosing the interest or file a copy of the official minutes of the agency which fully discloses the interest.

4. Best Practice. If a public official determines that he or she has a conflict of interest, the best practice is to: (a) complete the conflict of interest form available in the Town Clerk’s Office; and (b) at the next meeting where the item is on the agenda, declare the conflict of interest again then withdraw from any discussion on the item and leave the room until the discussion has ended.

5. Avoiding Appearance of Conflict. Public officials must be consistently aware of any potential issues which may appear to be self-dealing. Occasionally, a public official may have the appearance of a conflict of interest, even if no actual conflict of interest exists. Town representatives may, but are not required to, declare a conflict to avoid the appearance of a conflict of interest.

6. Opinions by Town Attorney. A public official may prospectively request an opinion from the Town Attorney as to whether he or she has a conflict of interest. A public official is not personally liable for acts done in his or official capacity in good faith on the reliance of a written opinion of the Town Attorney. A.R.S. § 38-446. Requests for opinions are confidential. The final opinions are filed with the Town Clerk and maintained as a public record.

Public officials are encouraged to go through the Town Manager for conflict of interest inquiries prior to contacting the Town Attorney; however, it is not mandatory.

1. The public official shall respect the rights, privileges and opinions of his or her fellow officials, staff and the public at large. Council members shall exhibit respect for the public, other governmental units and agencies, and the professional and ethical conduct of the Town Manager and staff. Propriety dictates that the public official be sensitive to the possible confidential or personal nature of directives addressed to other individuals.

In bringing honor to the title and in recognition of the weighty respect due the role of a public official, those elected to public office shall:

2. Arizona law provides that, during a person’s service with the Town and for two (2) years thereafter, no member of a Town Council or board, commission or committee may disclose or use confidential information without appropriate authorization pursuant to A.R.S. § 38-504(B). This includes discussions during executive sessions and certain economic development information as in prospective leads.

3. Except for the purpose of inquiry, the Council and its members shall deal with the Town’s administrative functions solely through the Town Manager. Neither the Council nor any member thereof shall give orders directly to, or discuss job performance directly with, any subordinates of the Town Manager either publicly or privately, but may discuss the same directly with the Town Manager. No individual member of the Council shall direct or request of the Town Manager the appointment of any person to office or the removal from office of any employee or any subordinates.

4. In his or her dealings with Town employees, the public official shall maintain professional conduct with respect to the employee’s work assignments and obligations, and shall refrain from directly influencing the professional management of the Town’s administration by any means other than direct communication with the Town Manager. The office of the public official shall in no situation be used to wrongfully obtain information or administrative outcomes either by intimidation or by deliberately violating the privacy of an employee’s work station.

5. The public official shall not directly or indirectly solicit, accept or receive any gift, whether it be money, services, loan, travel, entertainment, hospitality, promise or any other form that could be reasonably inferred to influence the performance of his or her official duties and actions or serve as a reward for any official action.

6. No relative of a sitting Council member may be hired by the Town, and no relative of a sitting board member, commissioner or committee member may be hired in the Town department for which that member provides guidance.

7. To protect the integrity of our voting processes and to avoid any conflict or appearance of impropriety, no relative of a sitting Council member shall be appointed to a board, commission or committee for which that Council member provides guidance, direction or policy.

8. It is the policy of the Town of Clarkdale that its elected and appointed officials conduct business and operate in a manner that is free from illegal discrimination on the basis of age, sex, color, race, disability, national origin, religious persuasion or gender identity, both internally and in the relationships between elected and appointed officials and their constituents.

9. The public servants of the Town of Clarkdale shall operate in an environment that is productive and free from intimidation, hostility or other adversity. Harassment of any sort, verbal, physical, visual, including intentional and unwarranted actions that would constitute sexual harassment were they to occur in an employment relationship, by any elected or appointed official is prohibited and is considered a violation of this Code of Ethics.

10. Elected and appointed officials, as well as candidates for elected or appointed offices, shall not use their political or appointed office to advance private interests.

11. Elected and appointed officials, as well as candidates for elected or appointed offices, shall not engage in political campaigning at Town meetings or within Town offices. Nothing in this section shall prohibit an elected or appointed official, or candidate for office, from participating in public forums or debates using Town buildings in the same manner and to the same extent as that provided to the general public. In addition, nothing in this section shall prohibit an elected or appointed official, or candidate for office, from participating in political campaigning at an event in a Town-owned building or at a Town-owned asset; provided (a) it is rented according to the normal rental terms/procedures, and (b) the event does not occur at the same time and place as a Town-sponsored forum or debate.

12. Public resources may not be used for political campaigning, e.g., the circulation of petitions during a Town meeting to support a campaign or political cause is prohibited.

13. When traveling on Town business, elected and appointed officials shall conduct themselves professionally and as representatives of the Town of Clarkdale. Officials are entitled to be reimbursed for actual and necessary expenses during travel and those expenses must be documented completely and accurately. Officials should contact the Town Clerk for assistance with travel plans and expenses.

14. Town email accounts, social media accounts and Town-issued equipment shall be used for Town business in accordance with the Computer, Email, Internet and Social Media Policy, pages 23 through 30 in the Public Service Handbook.

15. All public officials shall comply with this Code of Ethics. [Ordinance #407, 2020.]