Mayor Megan Barry Executive Order Number 005
THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY
MEGAN BARRY, MAYOR
Subject: Financial and other disclosures by certain Metropolitan Government employees and officials; ethics, conflicts of interest, and acceptance of gifts on the part of employees of Metropolitan Government.
I, Megan Barry, Mayor of the Metropolitan Government of Nashville and Davidson County, by virtue of the power and authority vested in me, do hereby find, direct and order the following:
Section 1 – Financial and other disclosures by certain Metropolitan Government employees and officials.
1. Each Metropolitan Government employee or official holding a position listed on Attachment A to this order shall annually make a disclosure in the same manner as set forth in Section 2.222.030 of the Metropolitan Code of Laws. Persons who are already required to make a disclosure by Section 2.222.030 of the Metropolitan Code of Laws (“(1) the mayor; (2) all employees in the mayor's office, including the members of the mayor's cabinet; (3) the metropolitan council office; (4) the holders of all elected offices authorized or created by the Metropolitan Charter; (5) all directors, executive directors, assistant directors, and associate directors of metropolitan government agencies, boards, and commissions, but not including Nashville Electric Service, the Metropolitan Nashville Airport Authority, the Metropolitan Development and Housing Agency and the Metropolitan Transit Authority . . .”) are exempt from having to submit duplicative additional disclosures pursuant to this Executive Order.
2. In addition, each person holding a position listed on Attachment A shall annually sign a disclosure statement in the form found in Attachment B stating that he or she knows of no actual or potential conflict of interest with his or her duties respecting the Metropolitan Government, or listing and describing any circumstances that might constitute a conflict. Said form shall be filed with the Metropolitan Clerk contemporaneously with the Annual Disclosure forms.
3. The disclosures required in this executive order are not intended to duplicate the requirements of Section 2.222.030 of the Metropolitan Code of Laws.
Section 2 – Ethics, conflicts of interest, and acceptance of gifts on the part of employees of Metropolitan Government.
I. The maintenance of high standards of honesty, integrity, impartiality, and conduct by employees and agents of the Metropolitan Government is essential to the proper performance of government business and the maintenance of confidence by citizens in their government; and
II. The avoidance of misconduct and conflicts of interest on the part of employees of the Metropolitan Government is indispensable to the maintenance of these standards.
1. Employee responsibilities. Each employee of the Metropolitan Government shall avoid any action, whether or not specifically prohibited by this order, departmental codes of ethics, or Metro Code of Laws Section 2.222.020, which might result in, or create the appearance of:
a. using a public office for private gain;
b. giving preferential treatment to any person;
c. impeding government efficiency or economy;
d. losing complete independence or impartiality;
e. making a Metropolitan Government decision outside of official channels; or
f. affecting adversely the confidence of the public in the integrity of the Metropolitan Government.
2. Persons covered. This Executive Order applies to all employees of the Metropolitan Government except: employees of the Nashville Electric Service, Metropolitan Nashville Airport Authority, Metropolitan Development and Housing Agency, Metropolitan Transit Authority, Metropolitan Sports Authority, and the Metropolitan Hospital Authority, non-professional employees of the Board of Health, and elected officials.
3. Mayor's office covered. This order applies to the Mayor and employees of the Mayor's office.
4. Standards of Conduct. Employees of the Metropolitan Government shall be guided by the provisions set out in Chapter 2.222 of the Metropolitan Code when determining appropriate standards of conduct.
5. Questions on interpretation of this order. When an employee is in doubt as to the proper interpretation of this order, he or she is expected to seek the advice of the applicable Department Head or the Director of Law if time permits, or to use good judgment in accordance with (1) above and to report the gift, entertainment or favor to the Department Head or the Director of Law within seven (7) days.
6. Departmental ethics standards. Any department or agency of the Metropolitan Government may establish such additional ethics guidelines and standards as may be lawfully applied and may in the opinion of the head of the department or agency be appropriate for the proper operation of the department. Such additional standards should be filed with the Director of Law and any other person required by law as soon as practicable after adoption. This Executive Order does not supersede or revoke those portions of any existing departmental or agency policies regarding ethical standards which are stricter than, or cover areas additional to, the standards set out herein.
7. Ethics guidelines published by Personnel Director. The personnel director is requested, with the permission of the Civil Service Commission, to maintain a system whereby each covered employee is informed of the requirements of this order, each covered employee has access to the order and signs a statement that they have received and/or read it, and to maintain personnel manuals which reflect the standards outlined in this order.
8. Supervisors Responsible. Each employee of the Metropolitan Government who acts in a supervisory capacity is responsible for achieving compliance with the Executive Order by those persons in his or her line of authority.
9. Required contractual provision. Department heads and others who approve contracts for their departments shall include in every employment contract the provision that employees provided to the Metropolitan Government under such contract are covered by this Executive Order.
ORDERED, EFFECTIVE AND ISSUED:
Date: February 24, 2016