DOUGLAS COUNTY EMPLOYEE ETHICS
20.1
Douglas County Employee Ethics .
20.1.1 Employees of
Douglas County have demonstrated a commitment to excellent standards of ethical
conduct and are entitled to a clear statement of policy regarding ethics. This
rule is intended to help employees avoid ethical problems and to protect the
public trust by establishing general limitations on activities that are contrary
to legitimate interests of County government.
20.1.2 County employees
shall not participate in any activity that violates the provisions of the State
of Oregon Code of Ethics for government officers, employees, and agents as set
forth in ORS 244.040. The State Code of Ethics establishes minimum restrictions
on the activities of County employees, but an act prohibited by the provisions
of subsections 20.1.3 through 20.1.9 of this rule may subject a County employee
to disciplinary action regardless of whether the prohibited act violates ORS
244.040. This rule neither incorporates nor limits other requirements of ORS
Chapter 244, including statutes concerning declarations of potential conflicts
of interest and reporting. Compliance with those statutes will not excuse a
violation of this rule.
20.1.3 Except as
otherwise allowed by these rules, County funds, personnel, time, equipment,
supplies, materials, services, property, or facilities that are in the custody
of a County employee shall be used only for duly authorized County business. On
separation from County service, a County employee shall return to County all
property in the possession of the employee including all keys to County
facilities. If an employee fails to return such property, the County may
institute legal action to recover direct and indirect damages suffered by the
County including the cost of replacing locks to County facilities.
20.1.4 Except for wages,
fringe benefits, and reimbursement of expenses authorized by these personnel
rules, a collective bargaining agreement, or an employment contract, no County
employee shall use, or permit the use of, county funds, personnel, time,
equipment, supplies, materials, services, property, or facilities to confer an
appreciable pecuniary or material benefit on the employee. This rule shall not
prohibit:
20.1.4.1 Private use of
county property which is available on equal terms to the public generally (such
as the use of library books or parks).
20.1.4.2 Use of county
vehicles as permitted in rule 18.5.3.
20.1.4.3 Occasional,
infrequent use of County telephones for personal calls that do not substantially
interfere with the employee's job performance. This exception does not allow
personal use of the County's outgoing long distance telephone service or the
incoming "800" service or cellular telephones.
20.1.4.4 Occasional,
infrequent, personal use of County materials that have negligible value such as
pencils, pens, or note paper.
20.1.4.5 Use of equipment,
supplies, materials, or facilities that may be provided by the County for the
benefit of both the employee and the County, so long as the employee does not
receive any direct pecuniary benefit. This exception may include, but is not
limited to, use of computers, training materials, and other similar items that
are used to develop an employee's job skills or to improve technical
proficiency that appreciably benefits the County.
20.1.4.6 Although this rule
allows de minimis use of county systems and equipment for personal use,
the same may not be true under ORS Chapter 244, the Government Standard and
Practices Act. Personal use of county systems and equipment is at the user´s
risk. The county cannot indemnify nor defend a county employee accused of an
ethics violation.
20.1.5 No County employee
shall participate in any decision, or use his or her position or access to
influence a decision by the County to employ, or enter into a contract for
procurement of goods or services with, a relative of the employee, a member of
the employee's household, or someone who shares financial interests with the
employee.
20.1.6 No County employee
shall use, or permit the use of, county funds, personnel, time, equipment,
supplies, materials, services, property, or facilities to confer any pecuniary
or material benefit to any person who is not entitled to such benefit through a
valid contract with the County, County ordinance, order or resolution of the
Board of Commissioners, express County policy, or a valid claim against the
County. In no event shall a County employee expend, or permit expenditure of,
County funds for any unauthorized purpose in violation of ORS 294.100.
20.1.7 Except as provided
in subsection 20.1.9, no County employee shall engage in any remunerative
outside employment, maintain a pecuniary interest in a business, or receive a
direct or indirect pecuniary benefit from a business or other activity that:
20.1.7.1 Provides goods or
services to the County for consideration;
20.1.7.2 Provides goods or
services to customers or clients who are acquired through contacts with the
employee in the course of employment with the County; or
20.1.7.3 Profits from, or
receives an advantage or privilege from, the employee's position with the
County;
20.1.7.4 Uses information
available to the employee through his or her position that is not available to
the general public; or
20.1.7.5 Conflicts with the
proprietary or governmental interests of the County.
20.1.8 For purposes of
rule 20.1.7 any business or other activity that provides direct pecuniary
benefits to a member of the employee's household, or someone who shares
financial interests with the employee, will be presumed to confer an indirect
benefit on the employee, but the employee may provide information to rebut that
presumption.
20.1.9 A County employee
may receive direct or indirect benefits through a contract or other transaction
apparently within the scope of subsection 20.1.7 if the following requirements
are met:
20.1.9.1 The employee
submits written application to the Department Head for permission to engage in
the outside activity;
20.1.9.2 The employee's
Department Head and the Human Resources Director review the employee's request
and make a written recommendation to the Board of Commissioners; and
20.1.9.3 The Board of
Commissioners either makes a written determination that the employment or
activity does not violate subsection 20.1.7 or grants an exception. An
exception may be granted if there is no appreciable connection between the
employee's service to the County and the outside activity; the activity does not
violate subsections 20.1.2 through 20.1.6 of this rule; the activity complies
with all applicable statutes and rules governing public contracts; and the
activity does not interfere with, adversely affect, or influence the employee's
job performance. The Board of Commissioners will consider and address the
recommendation of the Department Head and the Human Resources Director in
determining whether the outside activity affects the employee's job performance.
20.1.10 Each Department
Head shall be responsible for notifying employees of the requirements of this
rule and for taking appropriate action if an employee violates the provisions of
this rule. If a Department Head fails to take any action on a violation of this
rule, the Board of Commissioners may intervene to initiate appropriate action.
The Board of Commissioners shall enforce this rule with respect to the
activities of Department Heads.
20.1.11 Any employee who
violates the provisions of subsections 20.1.2 through 20.1.10 this rule shall be
subject to appropriate disciplinary action up to and including termination.
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