Appendix TWO. CODE OF ETHICS AND PROHIBITED PRACTICES

1.

Conflict of interest. No elected official, appointed officer or employee of the consolidated government or any office, department or agency thereof shall knowingly:

(a)

Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair his or her independence of judgment or action in the performance of his or her official duties;

(b)

Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties;

(c)

Disclose confidential information concerning the property, government or affairs of the consolidated government or any office, department or agency thereof without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others;

(d)

Accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the consolidated government or any office, department or agency thereof; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;

(e)

Represent private interests in any action or proceeding against the consolidated government or any office, department or agency thereof;

(f)

Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a financial interest.

2.

Disclosure. Any elected official, appointed officer or employee of the consolidated government who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any office, department or agency thereof shall disclose such private interest to the Council. The Mayor or any Councilor who has a private interest in any matter pending before Council shall disclose such private interest and such disclosure shall be entered on the records of the Council and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer or employee of any office, department or agency to which this code of ethics applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such office, department or agency shall disclose such private interest [to] the Council.

3.

Use of public property. No elected official, appointed officer or employee of the consolidated government or of any office, department or agency thereof to which this code of ethics applies shall use property owned by the consolidated government for personal benefit, convenience or profit except in accordance with policies promulgated by the Council.

4.

Testimony of public officials relating to public affairs. Any office or employee of the consolidated government who is duly and properly called as a witness before any consolidated government, state or federal judicial or administrative tribunal and who shall before such tribunal fail to answer any proper question concerning the performance of his or her official duties shall be guilty of a violation of this code of ethics.

5.

Contracts voidable and rescindable. Any contract between the consolidated government or any agency or entity to which this code of ethics applies and another party shall be voidable or rescindable at the option of the consolidated government at any time if any elected official, appointed officer or employee of the consolidated government or any office, department or agency thereof has any interest in such contract and does not disclose such interest in accordance with Section 2 hereof.

6.

Ineligibility of elected officials. No former Mayor or former Councilor shall hold any compensated appointive office in the consolidated government until one (1) year after the expiration of the term for which he or she was elected.

7.

Political activities of certain officers and employees.

(a)

No appointive officer or employee of the consolidated government shall continue in such employment upon qualifying as a candidate for nomination or election to any public office in Muscogee County, nor shall any appointive officer or employee thereof electioneer for a candidate or take any part in the management of the affairs of any political party or in any political campaign in Muscogee County, except to exercise his or her right as citizen privately to express his or her opinions and cast his or her vote.

(b)

No appointive officer or employee of the government shall be granted any leave of absence for the purpose of engaging in any of the activities set forth in paragraph (a) hereof.

8.

Penalties for violation.

(1)

Officials, officers and employees of the consolidated government may be punished for violation of Sections 1 through 7 of this Appendix as follows:

(a)

The Mayor and members of the Council shall be subject to removal from office as provided in Article VI of this Charter;

(b)

All appointed officers and department heads not in the merit service shall be subject to removal from office as provided in Article III, Chapter 1, Section 3-104(4) of this Charter;

(c)

Members of the merit service, upon violation of the code of ethics as provided for herein, shall be subject to dismissal in accordance with the personnel rules and regulations adopted by the Council.

(2)

The Council may provide by ordinance that violations of Sections 1 through 7 of this Appendix shall be punishable by a fine not to exceed six hundred dollars ($600.00), by imprisonment not to exceed sixty (60) days, or by both. Any punishment so provided by ordinance may be imposed without regard to whether punishment is imposed as provided in part (1) of this section.

(Ref. of 11-6-12)