§ 2.45.150. Conflicts.

A.

All conflict of interest laws of the State of California shall apply to purchases pursuant to this chapter, including, but not limited to the following:

i)

Purchases made under the State of California HOME Program subject to HOME Final Rule 24 CFR 92.356—Conflict of interest.

(1)

Applicability. In the procurement of property and services, the conflict of interest provisions in 24 CFR 85.36; 24 CFR 84.42; and 24 CFR 92.356 apply.

(2)

Conflicts Prohibited. No persons described in paragraph (3) of this section who exercise or have exercised any functions or responsibilities with respect to activities assisted with HOME funds and/or other federal or state funds regulated by the Code of Federal Regulations sections cited above, or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME-assisted or other state and/or federal program, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter.

(3)

Persons Covered. The conflict of interest provisions of paragraph (2) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Town of Paradise.

ii)

In accordance with 24 CFR 85.36 persons covered by paragraph i) (3) are subject to the following standards of conduct:

(1)

An official or employee of the Town shall not engage in conduct that would tend to discredit or dishonor their position with the Town of Paradise. Such appointed officials and employees must avoid conflicts of private interests with public duties and responsibilities and shall not do indirectly what may not be done directly.

(2)

Disciplinary action generally does not follow an occasional error in judgment which occurs in good faith and is unintentional. However, misconduct, dishonesty, and fraud shall be the basis for severe disciplinary action, including removal for cause.

(3)

Officials and employees occupying designated positions are required to file an annual statement of economic interests with the Town Clerk, as prescribed by state regulation and Town of Paradise Resolution No. 91-15.

(4)

Each new employee must be informed of the obligation to submit a statement of economic interest if they fall within the listed designated position categories.

(5)

Any employee whose job performance is adversely affected by the taking of alcohol, non-prescription drugs, or other substances shall be subject to disciplinary action, in accordance with the Paradise Municipal Code or the Memorandum of Understanding that covers the employee.

(6)

Each employee is required to be familiar with the Town's standards and statutory provisions relating to ethical behavior and other standards of conduct. Each employee is expected to secure the advice of their supervisor or the Personnel Officer or other appropriate official when in doubt about the meaning or application of any conduct requirement applying to their particular situation.

(7)

The political activities of Town employees shall conform to pertinent provisions of state and federal laws. Appointed officials and employees must avoid and refrain from any political involvement and/or partisan political activities which could impede, impair, or jeopardize the impartial discharge of their duties.

(8)

Handle all matters of personnel based on merit and objectivity so that fairness and impartiality govern all personnel decisions thereby avoiding any form of discrimination or preferential treatment.

(Ord. No. 398, § 1, 2003)