Loading...
HomeMy WebLinkAboutORD 6239 ETHICS CITY CODE ! {of ;. t'-' J .' . i" . t .~ .J r l' , . ",;... 'f , ; I V') [ f I ..l' I", ~thics 1.1 1;00 - .., .,-./-. ." it ....- ORDINANCE NO. 6239 AN ORDINANCE TO AMEND THE AUGUSTA- RICHMOND COUNTY CODE TO ADD TO TITLE 1 CHAPTER 1, A NEW ARTICLE 2 TO PROVIDE FOR A CODE OF ETHICS FOR EMPLOYEES AND PUBLIC OFFICIALS OF AUGUSTA, GEORGIA; TO RENUMBER AUGUSTA-RICHMOND COUNTY CODE ~ 1-1-11; TO PROVIDE DEFINITIONS; TO ESTABLISH RULES OF CONDUCT; TO PROVIDE SANCTIONS; TO AMEND THE AUGUSTA- RICHMOND COUNTY CODE TO AMEND AND RENUMBER CODE ~~ 1-10-10 THROUGH 1-10-22; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES PREAMBLE WHEREAS, the Official Code of Georgia, Section 45-10-1 (1968 Ga Laws, p. 1369) established the Code of Ethics for Government Service for exhibiting to the public and employees ofthe state and all governments therein, which Code of Ethics the Augusta-Richmond County Commission has adopted as Augusta-Richmond County Code ~ 1-1-11; and WHEREAS, the Augusta Richmond County Commission has heretofore adopted a code of ethics for public procurement, as Augusta Richmond County Code ~ 1-10-10 through ~ 1-10- 22; and WHEREAS, to maintain the public trust, it is essential that government function honestly and fairly, further the public, not private or personal interest; and WHEREAS, the elected Mayor and Commissioners, and appointed officials and employees of Augusta, must maintain and exercise the highest standards of duty to the public in carrying out the responsibilities and functions of their positions; and WHEREAS, self-interest, partiality and prejudice have no place in decision-making for the public good; and 1 \( ; , , 'I I i ] . [! (' " " J !, II .' /' , . ~thics 1.1 1,.00 .. '- ~ " " I . . , WHEREAS, Augusta is committed to the responsive exercise of authority by persons of honor and good will in their government, by adopting an ethics policy to prevent all forms of impropriety, threats, favoritism, and undue influence; NOW, THEREFORE, BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME AS FOLLOWS: Section 1. The Augusta-Richmond County Code is amended by adding a new Article 2 to Title 1, Chapter 1, and renumbering Augusta-Richmond County Code ~ 1-1-11 to ~ 1-1-20 and to add to said Article new sections to be designated ~ 1-1-21 through ~ 1-1-26 as follows: ARTICLE 2 CODE OF ETHICS ~ 1-1-20. CODE OF ETHICS FOR GOVERNMENT SERVICE--A STATEMENT OF ETHICAL PRINCIPLES Any person in government service should: (a) Put loyalty to the highest moral principles and to country above loyalty to person, party, or government department. (b) Uphold the Constitution, laws, and legal regulations of the United States and the State of Georgia and of all governments therein and never be a party to their evasion. (c) Give a full day's labor for a full day's pay and give to the performance of his duties his earnest effort and best thought. (d) Seek to fmd and employ more efficient and economical ways of accomplishing tasks. (e) Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not, and never accept, for himself/herself or his/her family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties. 2 . . ., I, ' J , '1 I .II f { " I I' , I 'I I, ,. , , J3thics 1.1 ~.OO . . (f) Make no private promises of any kind binding upon the duties of office, since a government employee has no private word which can be binding on public duty. (g) Engage in no business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties. (h) Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. (i) Expose corruption wherever discovered. (j) Uphold these principles, ever conscious that public office is a public trust. (Ga. L. 1968, p. 1369.) ~ 1-1-21. PURPOSE An ETHICS IN GOVERNMENT POLICY for elected and appointed officials and employees of Augusta is hereby established to encourage a commitment of fidelity to the public interest for the people of Augusta. ~ 1-1-22. PERSONS SUBJECT TO THIS ARTICLE; DEFINITIONS The following persons are subject to this Article: (a) All employees of Augusta and in any agency created by the Augusta- Richmond County Commission, whether elected or appointed, including the Mayor and members of the Augusta-Richmond County Commission. (b) Agency heads who are appointed by the Augusta-Richmond County Commission, Mayor or Administrator. ( c) As used in this Article the term: (1) "Agency" means any agency, authority, department, board, bureau, commission, council, corporation, entities or instrumentality of Augusta, except those headed by an elected official other than the Mayor and any citizens committee, or citizens advisory committee, appointed by the Mayor or the Commission (2) "Agency head" means the director or executive head of an agency. 3 " . " . .' I , " ,..41 f" I " I ,I ).1 r ' " . I' I;:thics 1.1 1,00 (3) "Commission" Commission. the Augusta-Richmond County means (4) "Employee" means any agency head, and all individuals employed by the Augusta-Richmond County Commission, Augusta, Georgia, or any agency of Augusta. (5) "Gift" means food, lodging, transportation, personal services, a gratuity, subscription, membership, trip, loan, extension of credit on behalf of an employee or public official, forgiveness of debt of an employee or public official, advance or deposit of money for the benefit of an employee or public official, or anything of value, exceeding the value of$100. A "gift" shall not include: (A) Food or beverage consumed at a single meal or event; or food, beverages, and registration at group events to which all members of an agency are invited; or food, beverage, or expenses afforded employees, public officials, relatives, or others that are associated with normal and customary business or social functions or activities; (B) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession; (C) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, private or public service, or achievement; (D) Actual and reasonable expenses for food, beverages, travel, lodging, and registration provided to permit participation in a meeting related to official or professional duties, if participation has been approved in writing by the agency head; , (E) Promotional items generally distributed to the general public; (F) A gift from a relative or personal friend of the employee or public official who is neither a lobbyist nor a vendor; or (G) Lawful campaign contributions to any elected official or candidate for elected office; and 4 . " I , I , I , I, t I .' r "I " I, I , I.' ~thics 1.1 1;00 (H) Courtesy tickets or free admission extended to an elected official for an event as a courtesy or for ceremonial purposes; (I) A commercially reasonable loan made in the ordinary course of business. (6) "Lobbyist" shall have the meanmg defined in O.C.G.A. Section 21-5- 70(6). (7) "Person" means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of individuals. (8) "Public official" means the Mayor and members of the Augusta- Richmond County Commission and all appointed members of any agency. (9) "Relative" means members of the family or household or relatives (including a person for whom the employee or public official has legal responsibility, a parent, step-parent, child, step-child, son-in-law, daughter-in-law, brother, sister, spouse, aunt, uncle, niece, nephew, grandparent, grandchild, brother-in-law, sister-in-law, or persons living in the employee's or public official's household). (10) "Value" means the actual retail price or cost attributable to a gift, less applicable taxes and gratuities, or a reasonable estimate based upon customary charges for like goods or services in the locality, prorated among all recipients of each single gift, whether or not all recipients are employees. Gifts shall be valued as a single gift. Specific types of gifts shall be valued on the following basis: (A) Transportation, by air or rail, shall be based on the ticket cost or coach-class equivalent value. (B) Ground transportation shall be valued on cost or the mileage rate reimbursed by Augusta. (C) Entrance fees, admission fees, or other tickets shall be valued at the face value of the ticket or fee, excluding any portion attributable to a charitable contribution, if provided by the charitable organization. (11) "Vendor" means any person who solicits to sell to or to contract, or who sells or contracts, with Augusta or any department, board, bureau, agency, or commission created by the Augusta-Richmond County Commission for . the provision of any goods or services. 5 , I, r f' f " , I' 1 " . ~\' I I ' I I I I , . Ethics 1.11.00 '. . I (12) "Charitable organization" shall have the meanmg defmed in O.C.G.A. Section 45-20-51. ~ 1-1-23. RULES OF CONDUCT FOR EMPLOYEES AND PUBLIC OFFICIALS OF AUGUSTA. Employees and public officials of Augusta shall perform their official duties in such a manner as to promote the best interest of the public. To help ensure the proper performance of their duties, the following Rules of Conduct are adopted. (a) Receipt of Gifts by Employees and Public Officials Prohibited; Reporting; Disposition (1) An employee or public official, or any other person on his or her behalf, is prohibited from knowingly accepting and retaining, directly or indirectly, a gift from a lobbyist, vendor, or any other person seeking to influence official action. If a gift has been accepted, it must be either returned to the donor or transferred to a charitable organization. However, a gift may be accepted by an employee or public official on behalf of Augusta, the agency, or the Mayor and Commission. If the gift is accepted, the person receiving the gift shall not maintain custody of the gift for any period of time beyond that reasonably necessary to arrange for the transfer of custody and ownership ofthe gift. (2) An employee who accepts a gift for an agency or for the Mayor and Commission must file a report, no later than the last day of each quarter in which a reportable gift is made. The report shall be filed with the employee's agency head and in the case of the Mayor and Commission with the Clerk of the Commission. The report must contain a description of each gift, the name and address of the recipient of the gift, and the date such gift is given. The donor shall be notified that the gift will be reported, but a single gift need not be reported by more than one employee. (3) A public official who accepts a gift for an agency or for the Mayor and Commission must file a report with the Clerk of the Commission not later than February 1, 2001, and not later than February 1 of each year thereafter, and shall cover the preceding calendar year. The report must contain a description of each gift, the name and address of the donor of the gift, and the date such gift is given. The donor shall be notified that the gift will be reported, but a single gift need not be reported by more than one employee. (b) Conflict ofInterest Prohibited (1) An employee or public official shall not knowingly use his or her position in any manner which will result in the receipt of a fmancial benefit or gift, 6 " . , " ,I , ' " " , , I , ,. Ethics 1.11.00 direct or indirect, to the employee, the employee's relatives, the public official, the public official's relatives, or an individual with whom the employee or public official has a fmancial interest or a business with which the employee or public official has a financial interest. (A) These rules shall not be applicable to financial and other benefits derived by an employee or public official that he or she would enjoy to an extent no greater than that which other citizens of Georgia would or could enjoy. (B) These rules shall not be applicable to financial and other benefits rightfully gained by an employee or public official pursuant to the proper performance of his or her official responsibilities. (C) These rules shall not be applicable to the exceptions to prohibited transactions set forth in O.C.G.A. Section 45-10- 23 and 45-10-25. (D) These rules shall not be applicable to such further exceptions as may be made on a case-by-case basis upon application to the Augusta-Richmond County Commission. (2) An employee or public official shall not directly or knowingly ask, accept, demand, extract, solicit, seek, or assign or receive a financial benefit or gift for himself or herself or for another person in return for being influenced in the discharge of his or her official responsibilities. (3) An employee or public official shall not solicit or receive a financial benefit, or a gift other than a financial benefit received by the employee or public official for acting in his or her official capacity, for advice or assistance given in the course of carrying out the employee's official responsibilities. (4) An employee or public official shall not use or disclose information gained in the course of, or by reason of, his or her official responsibilities in a way that would affect a personal financial interest of the employee, an employee's relative, the public official, a public official's relative, or a person with whom, or business with which, the employee or public official shares a fmancial interest. (5) An employee shall not cause the employment, appointment, promotion, transfer, or advancement of a relative to an employment position which the employee directly supervises or manages. An employee or public official shall not participate in an action relating to the disciplining of a 7 , I I' l' I " 1 , I' Ethics I. Il.OO " . relative. Nothing herein shall be construed to affect Augusta's nepotism policy as contained in its Personnel Policies and Procedures. (c) Appearance of Conflict. (1) An employee or public official shall make every reasonable effort to avoid even the appearance of a conflict of interest. An appearance of conflict exists when a reasonable person would conclude from the circumstances that the employee's or public official's ability to protect the public interest, or perform public duties, is compromised by personal interests. An appearance of conflict could exist even in the absence of a legal conflict of interest. (2) An employee or public official shall recuse himself or herself from participation in any official proceeding in which the employee's or public official's impartiality might reasonably be questioned due to the employee's or public official's personal or financial relationship with any participant in the proceeding, including an owner, shareholder, partner, employee, or agent of a business entity involved in the proceeding. If the employee or public official is uncertain whether the relationship justifies recusal, then the employee or public official shall disclose the relationship to the person presiding over the proceeding. The presiding officer shall determine the extent to which, if any, the employee or public official will be permitted to participate. If the presiding officer is the affected employee or public official, he or she shall relinquish the chair to a substitute who shall made the determination. (d) Other Rules of Conduct (1 ) The agency head shall make a due and diligent effort to determine whether he or she has a conflict of interest or appearance of conflict before taking any action. (2) The agency head shall continually monitor, evaluate, and manage his or her personal, financial, and professional affairs to ensure the absence of conflicts of interests and appearance of conflicts. (e) Augusta shall not pay lodging costs, meal costs, transportation costs, entrance fees, admission fees, or for other tickets for anyone other than the employee unless such person has specific approval from the City Administrator or agency head, as applicable, for such person to accompany the employee on such trip, nor shall Augusta pay for such expenses for anyone representing the Mayor or members of the Commission, without specific approval of the Augusta-Richmond County Commission. 8 , , t ,,( , I; ,11 .. ,Ethics 1.1 \.00 ,. : ~ 1-1-24. Violations; Sanctions-Employees. Each agency shall make a copy of this Article available to all employees and public officials and shall institute procedures for its enforcement consistent with all applicable Georgia laws. Violation of this Article may subject an employee to disciplinary action, including termination of employment pursuant to the applicable policies and procedures. The agency head of each agency shall be responsible to the Augusta-Richmond County Commission for the faithful enforcement of this Article, and shall report all alleged violations and their disposition to the Augusta-Richmond County Commission. ~ 1-1-25. Violations; Complaints-Public Officials. The Augusta-Richmond County Commission shall be responsible for hearing and deciding any complaints filed against a public official regarding alleged violation of Articles 2 and 3 of this Chapter. ~ 1-1-26. Disciplinary action against public official In addition to any other remedy provided by law, a public official who is subject to the provisions of this article and who is found by the Augusta-Richmond County Commission to have violated its provisions may be subject to censure or reprimand. Section 2. The Augusta-Richmond County Code is further amended by deleting Augusta Richmond County Code ~ 1-10-10 through ~ 1-10-22 and substituting in lieu thereof a new Article 3 to Title 1, Chapter 1, to wit: ARTICLE 2 ETHICS IN PUBLIC PROCUREMENT ~ 1-1-27. EMPLOYEE OR PUBLIC OFFICIAL CONFLICT OF INTEREST. It shall be unethical for any Augusta-Richmond County employee or public official, as defmed in the Augusta-Richmond County Code ~ 1-1-22(c)(8), to transact any business or participate directly or indirectly in a procurement contract when the employee or public official knows that: 9 J I; , " I' . ' " Ethics I. Il. 00 (a) the employee or public official or any member of the employee's or public official's immediate family has a substantial interest or financial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other Augusta-Richmond County employee has a fmancial interest is authorized as per O.c.G.A. ~ 36-1-14, or the procurement contract is awarded pursuant to O.C.G.A. ~ 45-10-22 and ~ 45-10-24, or the transaction is excepted from said restrictions by O.C.G.A. ~ 45-10-25; (b) any other person, business, or organization with whom the employee or public official or any member of an employee's or public official's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. An employee or public official or any member of an employee's or public official's immediate family who holds a substantial interest or financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that substantial interest or financial interest. ~ 1-1-28. GIFTS, REBATES AND KICKBACKS. (a) Gifts. It shall be unethical for any person to offer, give, or agree to give any Augusta-Richmond County employee or public official, or for any Augusta-Richmond County employee or official to solicit, demand, accept, or agree to accept from another person, a gift or gratuity except as provided in Augusta-Richmond County Code ~ 1-1- 23, or any rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. (1) Kickbacks and rebates. It shall be unethical for any payment, gifts, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor, or any person associated therewith, as an inducement for the award of a subcontract or order. (2) Contract clause. The prohibition against gratuities, rebates and kickbacks prescribed in this Section shall be conspicuously set forth in every contract and solicitation therefor. (3) Courtesies. Employees may accept for themselves and members of their families common courtesies usually associated with customary business practices so long as they do not violate the provision of the Rules of Conduct set forth in Augusta-Richmond County Code ~ 1-1-23. 10 I , ' . I t !' t :1 . .1" ,Ethics I.I 1.00 (4) Cash. It is never permissible for an Augusta-Richmond County official or employee to accept a gift in cash or cash equivalent (e.g. stocks or other forms of marketable securities) of any amount. ~ 1-1-29. PROHIBITION AGAINST CONTINGENT FEES. It shall be unethical for a person to be retained, or to retain a person, to solicit or secure an Augusta-Richmond County contract upon any agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. ~ 1-1-30. CONTEMPORANEOUS EMPLOYMENT PROHIBITED. It shall be unethical for any Augusta-Richmond County employee or official who is participating directly or indirectly in the procurement process to become, or to be while such an employee or public official, the employee of any person contracting with Augusta-Richmond County. ~ 1-1-31. WAIVER FROM CONTEMPORANEOUS EMPLOYMENT PROHIBITION AND OTHER CONFLICTS OF INTEREST. The Augusta-Richmond County Commission may grant a waiver from the employee conflict of interest provision or the contemporaneous employment provision upon making a written determination that: (a) the contemporaneous employment or financial interest of the employee has been publicly disclosed; (b) the employee will be able to perform his/her procurement functions without actual or apparent bias or favoritism; and (c) the award will be in the best interests of Augusta-Richmond County. ~ 1-1-32. USE OF CONFIDENTIAL INFORMATION. It shall be unethical for any Augusta-Richmond County employee or public official knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person. ~ 1-1-33. INSIDE INFORMATION. No Augusta-Richmond County public official or employee shall: 11 , , J ," , .' Ethics I.I 1.00 (a) Give or release without proper authority to anyone not employed by Augusta- Richmond County or to another employee or public official who has no need for the information, data or information of a confidential or proprietary nature, such as a tax sale obtained while in Augusta-Richmond County's employment or service. (b) Use non-public information obtained while in Augusta-Richmond County's employment or service, including information about customers or suppliers, for the personal profit of that employee or public official or anyone else. This includes, but is not limited to, taking advantage of such information by: . (1) Trading or providing information for others to trade in securities; (2) Acquiring a real property interest of any kind, including but not limited to plant or office sites or adjacent properties; or (3) Acquiring options to obtain interest in royalties, minerals, or real property for the purpose of obtaining mineral or royalty interest. ~ 1-1-34. USE OF POSITION FOR GAIN. No Augusta-Richmond County public official or employee shall use his official position or office to obtain financial gain for himself. ~ 1-1-35. UNAUTHORIZED PURCHASES. No purchases of materials, supplies, equipment and services shall be made in the name of Augusta-Richmond County or one of its departments, or through its purchasing department, except such as are required for official use by Augusta-Richmond County or one of its departments. Purchases in the name of Augusta-Richmond County or a department for personal use by an individual or for other than official use are prohibited, and no Augusta-Richmond County funds will be expended or advanced therefor. ~1-1-36. AGREEMENT OF CANDIDA TES INVOLVING WORK OR APPOINTMENTS. It shall be unethical for any candidate for the office of mayor or commissioner to enter into any agreement or understanding with any person as to the disposal of any work or appointment which is or shall be under the control of the Commission. ~ 1-1-37. PENAL TIES AND SANCTIONS. (a) Legal or disciplinary action by Commission. The Commission may take appropriate legal and/or disciplinary actions against any Augusta-Richmond County 12 . ,! I I " , " , ,I , . , .. '.. . , ,Ethics I.I 1.00 . . . public official, vendor, contractor, organization, or person in violation of these ethical standards or the Rules of Conduct set forth in Augusta-Richmond County Code ~ 1-1-23. (b) Legal or disciplinary action by Augusta-Richmond County Administrator. The Augusta-Richmond County Administrator may take appropriate legal and/or disciplinary actions against any Augusta-Richmond County employee subject to the Administrator's supervision and control as defmed in the Augusta-Richmond County Code, subject to the appropriate appeals process of Augusta-Richmond County. (c) Legal or disciplinary action by Elected/Constitutional Ojjicers of Augusta- Richmond County. The Constitutional Officers and other Elected Officers of Augusta- Richmond County may take the appropriate legal and/or disciplinary actions against any employee under their supervision and control subject to the appropriate appeals process of Augusta-Richmond County. (d) Administrative penalties for employees. The Augusta-Richmond County Administrator or ConstitutionallElected Officer may impose anyone or more of the following penalties or sanctions on an Augusta-Richmond County employee for violations of the ethical standards in this Section as appropriate to the situation, subject to the Personnel Manual or other appropriate appeals procedures: (1) oral or written warnings or reprimands; (2) suspensions with or without pay for specified periods oftime; or (3) termination of employment. (e) Administrative penalties for outside contractors/vendors. The Augusta-Richmond County Commission may impose anyone or more ofthe following penalties or sanctions on a vendor/contractor or other person or organization for violations of these ethical standards: (1) written warnings or reprimands; (2) termination of contracts; or (3) debarment or suspension as provided in ~ 1-10-65 (Authority to Debar or Suspend). ~ 1-1-38. RECOVERY OF VALUE TRANSFERRED OR RECEIVED IN BREACH OF ETHICAL STANDARDS. (a) General provisions. The value of anything transferred or received in breach of the ethical standards of this chapter or the Rules of Conduct set forth in Augusta- Richmond County Code ~ 1-1-23 by an Augusta-Richmond County employee, public official, or a vendor/contractor or other person may be recovered from either party. 13 , . , . J .: , ,I ..~ .... ' . , , . 'i ' J . . ,Ethics U 1.00 . . ' (b) Recovery of kickbacks by Augusta-Richmond County. Upon showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by Augusta-Richmond County and will be recoverable hereunder from the recipient. In addition, that amount may also be recovered from the subcontractor making such kickbacks. Recovery from one offending party shall not preclude recovery from other offending parties. ~ 1-1-39. POLITICAL CONTRIBUTIONS. (a) No employee or public official shall make any contribution of Augusta-Richmond County funds, property, or services to any political party or committee, or to any candidate for or holder of any office ofthe government--national, state, local, or foreign. (a) Nothing herein shall be construed as prohibiting the making of political contributions by any vendor/contractor or other person or organization to any candidate for public office, so long as the contribution is made without any agreement or understanding with regard to future or pending contracts or purchase orders. ~ 1-1-40. REGISTRATION OF VENDORS MAKING GIFTS (a) Any vendor who, either directly or through another person, makes a gift or gifts to one or more employees or public officials exceeding in the aggregate $100.00 in value during any calendar year shall file a disclosure report with the Clerk of the Augusta- Richmond County Commission in the form specified by the Augusta-Richmond County Commission listing the amount and date of receipt, the name and mailing address of any vendor making the gift, and the name, address, and position of each public employee or public official receiving such a gift. (b) Each disclosure report required by subsection (a) of this section shall be filed with the Clerk ofthe Commission not later than February 1,2001, and not later than February 1 of each year thereafter, and shall cover the preceding calendar year. (c) A report required by this section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in a calendar year shall contain cumulative totals of all gifts which have been made or received and which are required to be reported. (d) In addition to other penalties provided under this Article, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed. 14 I I . . .' v f'\ ,. . , . " . , Ethics I.l1. 00 . .. Section 3. This Ordinance shall become effective upon adoption. Section 4. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Section 5. This Ordinance shall be construed to effectuate its purposes and policies and to supplement such existing laws as may relate to the conduct of persons made subject to this Ordinance. This Ordinance shall not affect any act done, liability or penalty incurrred, or right accrued or vested prior to the effective date of this Article; nor shall this Article affect any actions or prosecution then pending, or to be instituted, to enforce any right or penalty then accrued or to punish any offense thereto committed. Section 6. In the event that any section, subsection, sentence, clause or phrase of this Ordinance shall be dechrred or adjudged invalid or unconstitutional, such declaration or adjudication shall in no manner affect the other sections, sentences, clauses, or phrases of this Ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, or clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. Duly adopted this 1- day Of~~ -l'llI, and this 11' day of ~'2000. By: ~ As its Mayor First Reading: Second Reading: 15