Reading City Council briefed on city charter and code of ethics

Jan. 3—Reading's Board of Ethics is available to guide City Council members, said Edwin L. Stock, solicitor for the board.

"The board of ethics should not, in my judgment, be viewed as sort of the enemy territory," Stock said Tuesday at council's committee of the whole meeting.

Stock and Eric Smith, solicitor for the city's Charter Board, briefed council on the functions of the two boards and council's responsibilities.

Annual ethics and charter training is required for all elected officials taking office.

The city's Home Rule Charter was adopted by city voters and took effect Jan. 1, 1996.

It functions essentially as a constitution for the city, Stock said.

Specific sections of the charter pertain to ethics, principally in the matter of conflicts of interest, he said.

"Most of these are relatively common sense," he said.

Among the most important, he said, are prohibitions against the use of public office for private gain; an employee or official acting in an official capacity on matters in which they have a private financial interest outside that of the general public; and excepting gifts and other things of value in return for a favorable decision or vote.

Gifts may be accepted in some circumstances but must be publicly recorded and submitted to the city clerk, Stock said.

Elected officials may accept free admission to an event including food, beverages and entertainment if they are guest speakers at that event, he said. They can also accept free admission to a political event, including food or beverage if permitted to engage in political activity in coordination with candidates, political parties or partisan political groups.

Nominal tokens of appreciation, such as flowers, given at public events also can be accepted, Stock said, as can gifts valued at less than $50 from a single individual during a single calendar year.

That provision was added after the original code of ethics was passed, Stock said.

"We were getting questions: 'Well, somebody gave me a pen. Can I accept the pen?' so we talked to council and they amended this to basically say 'token,'" he said. "If you're going to sell out the city for a pen, you know, you're going to do far worse."

While fraudulent activity is not outlined in the charter, it is covered in the code of ethics.

"Some of these are pretty clear," Stock said. "Embezzlement of money from the city would be an ethical violation, misappropriation of city funds, falsification of any city record, forgery, receipt of a bribe or kickback, impropriety in the handling or reporting of money, using insider knowledge of city activities to earn or generate any gift or profit."

These also include accepting, requesting or seeking any material item or pecuniary benefit from contractors or vendors providing services or materials to the city, he said, and destruction, removal or inappropriate use of city property, including data records, furniture, fixtures and equipment.

The code also prohibits officials from making false or intentionally misleading written or oral statements and using city property and personnel for personal benefit.

"City employees or officials may not use any personnel equipment, supplies, facilities, vehicles or any other property belonging to the city for their private purpose," Stock said.

City officials and employees also are barred from using the time, effort and resources of any subordinate employees for their private purposes.

Council members should not be afraid to ask questions, Stock said.

The ethics board is a resource that city elected officials and employees can use when looking for guidance or presented with an ethical issue, he noted.

Stock advised council members to consult with the board before taking any questionable actions. However, the board's opinion can still be sought after an action has been taken.

Getting such an opinion can be used as a defense should there be any subsequent investigation or prosecution, he said, provided that the official or employee who sought the opinion did so in good faith.

"So if you have an ethical issue and you're not sure what to do," Stock said, "submit a request to the Board of Ethics for an advisory opinion."