04 July 2020

City of Mesa Ethics Handbook: Policy for Elected Officials and Board Members

Office of The City Manager
20 East Main Street,
Suite 750 P.O. Box 1466
Mesa, Arizona 85211-1466
www.mesaaz.gov

480.644.3300
_________________________________________________________________________
Elected officials and advisory board members have a duty to create the image and reality of a responsive, accessible, and fair city government.
__________________________________________________________________________________
Table of Contents
Section I: City of Mesa Ethics Policy.......................................4


Section II:  Applicable Laws and Policies................................5
A. General Character..........................................................5
B. Conflict of Interest...........................................................6
C. Legal Compliance...........................................................8
D. Political Activities...........................................................11
E. Facilities, Resources and Expenses.............................12

Section III: Procedures..........................................................14
A. Where to Seek Advice..................................................14
B. What to Do if You Are Uncertain...................................14
C. How to Declare a Possible Conflict..............................14
D. Where to Report Improper Behavior............................15

Section IV: Penalties and Sanctions......................................15
Section V: Adoption and Amendment...................................

Section III: Procedures
C. . How to Declare a Possible Conflict
______________________________________________________________________
If an official believes that a conflict of interest (or even a possible conflict) exists, then he or she should disclose the fact as soon as possible.
For example, as soon as an elected official or advisory board member realizes that a conflict exists on a given matter, they must disclose the conflicting interest on the record for the minutes.
> From that point on, the official shall not participate in any manner (by discussing, questioning or voting) in that matter.
> Declaring a conflict and not participating should be recognized as a necessary part of preserving public trust and should not be avoided simply because of delays or inconvenience.
Indeed, officials should declare possible conflicts to avoid any appearance of impropriety.

Section III: Procedures
D. Where to Report Improper Behavior
_________________________________________________________________________ 
Elected officials and advisory board members have a duty to create the image and reality of a responsive, accessible, and fair city government.
> Accordingly, council and advisory board members have a duty to report if another elected official or advisory board member is violating laws or ethics relating to city government, as set forth in this code and handbook.
> Moreover, officials shall never attempt to use their authority or influence for the purpose of intimidating, threatening, coercing, commanding or influencing any person with the intent of interfering with that person’s duty to disclose such improper activity.
If an official believes that someone else may have violated this Handbook, they may consult with the City Attorney’s Office, the City Clerk, or their colleagues.

16 City of Mesa

Section IV: Penalties and Sanctions
__________________________________________________________________________ 
It is the intent of the City Council to educate, and where necessary, discipline board or councilmembers who violate this Code and Handbook.
Discipline shall be progressive, from the least punitive to the most punitive measures, unless the Council believes progressive discipline does not provide the appropriate sanction because of the gravity of the offense, or because the Council does not believe the sanction would deter future misconduct.
In all instances, the totality of the circumstances shall be taken into consideration in resolving a matter, including the intent of the one accused of wrongdoing.
This Code does not prevent informal resolution of minor infractions, such as by immediate corrective action of the possible misconduct.