Code of Ethics & Conflict of Interest
Policy Statement
All employees of City of Hillsboro are expected and required to act in a responsible and respectable manner at all times. Furthermore, while acting in their capacities as City employees, all employees must remain free of outside influence that could result in the loss of objectivity regarding business conducted with citizens or with City of Hillsboro. Employees are expected to be honest and act with integrity when conducting business.
Political Activity
It is the right of every employee to register and vote on all political issues. Employees are permitted to join political organizations, civic associations or groups, and to become involved in political activities subject to the restrictions of this article.
(a) As private citizens, employees may participate in all political activities, including holding public office, except where holding an appointive or elective office is incompatible with the employee’s city employment.
(b) Any employee desiring to become a candidate for city elective office shall first take leave of absence without pay or resign. Should an employee on leave of absence without pay be unsuccessful in seeking such elective office, he or she shall be returned to employment on the same terms and conditions as any other employee who has taken leave of absence without pay. An employee is considered to be a candidate for elective office once all statutory requirements have been met to qualify as a candidate.
(c) Political activity must not interfere with job attendance or performance. Employees are not permitted to solicit or handle political contributions in city elections. They are not permitted to wear or display political badges, buttons or signs on their person or on city property during on-duty hours.
(d) No department head or other person in authority shall solicit any city employee for contributions of money or labor for any candidate for elective office, or otherwise compel, or attempt to compel, any employee to support a candidate for elective office or to engage in any political activity.
(e) The purpose of this policy is to prevent and avoid the appearance of impropriety on the part of any city employee. City employees are neither appointed to, nor retained in, the city’s service on the basis of their political affiliations or activities.
Disclosure
City of Hillsboro’s employees will disclose all potential conflicts of interest in writing. All written disclosures will be retained in City of Hillsboro’s files. These potential conflicts would include but are not limited to the following:
• Management positions, such as directorships, held at outside organizations
• Related interests, such as a city or political campaign controlled by that person, or the funds or services of which will benefit that person
• Any compensation (including salaries, wages, or gifts) received from outside organizations
• It is the responsibility of each employee to be aware of the appearance of any potential conflict of interest and to remove him or herself from any compromising position regarding City of Hillsboro’s relationship with any organization with which he or she may be connected.
Acceptance of Gifts
Employees may accept small gifts or other items of value from business associates of City of Hillsboro as long as they are properly disclosed and the dollar value is considered nominal. Gifts valued up to $50 may be accepted without prior approval. Gifts exceeding
$50 must receive the approval of the City Administrator before acceptance.
Following are examples of the types of gifts employees may accept from individuals or companies doing or seeking to do business with City of Hillsboro:
• Meals, gratuities, amenities, or favors based on obvious family or personal relationships
• Meals, refreshments, travel arrangements, accommodations, or entertainment of reasonable value in the course of a meeting or other bona fide business occasion
• Advertising or promotional material of reasonable value (pens, note pads, calendars, etc.)
• Discounts or rebates on merchandise or services that are available to other similar customers
• Civic, charitable, education or religious organizational awards for recognition of service and accomplishment
• Other benefits or items of value, when approved in writing on a case-by-case basis.
External Involvement
City of Hillsboro encourages employees to participate in activities outside of their employment with the City including charitable or political activities. However, federal law prohibits City of Hillsboro from making political contributions. To ensure City of Hillsboro’s separation from any political connections, employees are prohibited from soliciting other employees for political contributions.
While City of Hillsboro may support certain charitable organizations, employees may not coerce other employees into contributions to such organizations.
Conflict of Interest
Employees must avoid any personal activity or investment that may exploit their position at City of Hillsboro and should avoid all appearance of conflict of interest.
Following are some examples of potential conflicts:
• Advance own personal or business interests, or those of others with whom they have a personal or business relationship, at the expense of City of Hillsboro.
• Have a controlling financial interest in any of City of Hillsboro’s vendors
• Receive a loan, or guarantee of obligations, as a result of their employment with City of Hillsboro rather than their creditworthiness
Action for
Noncompliance with the Policy
All instances of violation of this policy will be reported to the City Council directly or through the City Administrator. They will consider the situation, and appropriate action will be taken by the City Administrator. Action will be commensurate with the seriousness of the misconduct. Failure to comply with this policy may result in termination of employment.
Disciplinary actions may entail verbal, written, suspension and termination. All of these actions may not be followed in all instances. City of Hillsboro reserves the right to exercise discretion in discipline. Prior warning is not a requirement for termination. If you are disciplined, copies of your warnings are placed in your personnel file.
City of Hillsboro reserves the right to take any disciplinary action the City considers appropriate, including termination, at any time. In addition to those situations discussed elsewhere in this handbook, listed below are some examples where immediate termination could result. This list is general in nature and is not intended to be all inclusive:
• Refusal or failure to follow directions from management.
• Breach of confidentiality relating to employer, employee, citizen or provider information.
• Altering, damaging or destroying city property or records, or another employee’s property.
• Dishonesty.
• Providing false or misleading information to any city representative or on any city records, including the employment application, benefit forms, time cards, expense reimbursement forms and similar records.
• Fighting or engaging in disorderly conduct on the city premises.
• Violations of any employment policies including, but not limited to, confidentiality, security, solicitation, conflict of interest and code of conduct.
• Conduct or performance issues of a serious nature.
• Failure of a drug or alcohol test.
We recognize alcohol and drug abuse to be potential health, safety and security problems. It is expected that all employees will assist in maintaining a work environment free from the effects of alcohol, drugs or other intoxicating substances. Compliance with this Drug- free Workplace Policy is made a condition of employment.
Employees are prohibited from the following when reporting for work, or while on the job or in any vehicle used for city business:
• The unlawful use, possession, transportation, manufacture, sale, dispensation or other distribution of an illegal or controlled substance, drug paraphernalia or alcohol
• Being under the influence of alcohol or having a detectable amount of an illegal or controlled substance in the blood or urine (“controlled substance” means a drug or other substance as defined in applicable federal and state laws on drug abuse prevention)
Any employee violating these prohibitions will be subject to disciplinary action up to and including termination.
Any employee convicted under any criminal drug statute for a violation occurring while on the job, on City or customer premises or in any vehicle used for City business must notify the City no later than five days after such a conviction. A conviction includes any finding of guilt or plea of no contest and/or imposition of a fine, jail sentence or other penalty.
Drug and alcohol testing will be carried out in compliance with City of Hillsboro policy and any applicable state and federal laws and regulations.
Disciplinary action will be taken for drug-related crimes, regardless of whether they happened during working hours or on an employee’s own time.
We recognize that employees suffering from alcohol or drug dependence can be treated. We encourage any employee to seek professional care and counseling prior to any violation of this policy.
Drug and Alcohol Testing Policy
City of Hillsboro values the health and safety of its employees and knows that the use of alcohol and/or drugs can have a negative impact on the workplace and on job performance. Because of this, City of Hillsboro prohibits the use, sale or possession of alcohol and/or illegal drugs at all times while on City property or time.
Drug Testing
• Pre-employment Testing: Every job applicant will be required to take and pass a drug and/or alcohol test before he or she may officially be hired by City of Hillsboro. Each applicant will be notified that a drug and/or alcohol test is required as part of the interview process and that any and all job offers are contingent upon successfully passing a drug and/or alcohol test.
• Reasonable Suspicion Testing: If there is suspicion that an employee is under the influence of drugs and/or alcohol while on City property or time, the employee will be required to take a drug and/or alcohol test. Reasonable suspicion will be based on observable instances or actions such as, but not limited to, the following:
Dangerous conduct
Unexplained decrease in job performance
Hostile interpersonal relations
Possession of drug paraphernalia
Noticeably reduced short-term memory
Physical symptoms (incl. bloodshot eyes, slurred speech and vomiting)
Anxiety
Inability to concentrate
Post-accident Testing: Every employee who is directly involved in, or whose actions contributed to, an accident on the job must submit to a drug and/or alcohol test as soon as possible after the incident occurs. Accidents include all Occupational Health and Safety Administration (OSHA) recordable incidents, actions or omissions that result in near- miss accidents and accidents involving injury requiring first aid or off-site medical attention. Accidents also include property damage caused by human error in excess of $1,000.00.
Each of the following actions constitutes a refusal to submit to testing:
• Failure to provide an adequate urine, blood, breath or saliva specimen for a drug and/or alcohol test without a valid medical explanation
• Failure to be escorted to a testing facility
• Tampering with, adulterating or diluting a specimen
• Refusing to sign a Chain of Custody form at the testing facility.
Employees do have the option to refuse to submit to drug and/or alcohol tests; however, doing so will constitute a violation of this policy. Refusal to take a drug and/or alcohol test will also be considered a positive test result, which subjects the employee to disciplinary action(s) up to and including discharge. Job applicants who refuse to submit to drug and/or alcohol testing will be not considered for employment.
Disciplinary Actions
Employees who test positive for drugs and/or alcohol, or who refuse to submit to testing, will be subject to disciplinary action(s), up to and including termination. No employee who tests positive for drugs and/or alcohol will be allowed to return to work until he or she has done the following:
• Taken a drug and/or alcohol test, received negative test results and consented to follow-up testing
• City of Hillsboro at their discretion may require an employee to attend and complete a rehabilitation program
Confidentiality
Results of all drug and/or alcohol testing will be kept separate from employee personnel files and treated as confidential information. All results, whether positive or negative, will not be shared with anyone outside of the employee’s direct chain of command, except when absolutely necessary for treatment or physician confirmation purposes.
NOTE: City of Hillsboro may disclose the results of a drug and/or alcohol test to decision- makers in a lawsuit, grievance or other proceeding initiated by or on behalf of the employee.
City of Hillsboro strives to provide a work environment that is free from harassment. Therefore, City of Hillsboro will not tolerate harassment based on age, race, gender, color, religion, national origin, disability, marital status, covered veteran status, sexual orientation, status with respect to public assistance and other characteristics protected under state, federal or local law. This conduct is prohibited in any form at the workplace, at work-related functions or outside of work if it affects the workplace. This policy applies to all employees, clients, customers, guests, vendors and persons doing business with the City.
Harassment consists of unwelcome conduct toward an individual because of his or her age, race, gender, color, religion or other protected status when the conduct creates an intimidating, hostile or offensive work environment that causes work performance to suffer or negatively affects job opportunities.
Types of prohibited harassment include, but are not limited to, the following:
• Verbal or written comments related to a trait someone possesses, including name- calling, jokes, slurs, negative stereotyping or threats
• Explicit or degrading verbal comments about another individual or his or her appearance
• Nonverbal conduct, such as staring, leering or giving inappropriate gifts
• Physical conduct, such as assault or unwanted touching
• Visual images, in hard copy or electronic form, relating to a trait someone possesses (for example, cartoons, drawings or pictures)
Appropriate performance reviews, counseling or discipline by your manager do not constitute harassment.
If you feel that you are being harassed, take the following steps:
• Tell the harasser that his or her actions are not welcome and they must stop, if you feel comfortable enough to do so
• Report the incident immediately to your immediate department head, other department head personnel, or City Administrator
• Report any additional incidents or retaliation that may occur to your department head, other department head personnel or City Administrator
All reports will be investigated immediately and thoroughly. Complaints and actions taken to resolve complaints will be handled as confidentially as possible. Appropriate actions will be taken to stop and remedy such conduct, including interim measures during a period of investigation.
Retaliating or discriminating against an employee who reports a suspected incident of harassment or who cooperates in an investigation is prohibited. Employees who violate this policy or retaliate against an employee in any way will be subject to disciplinary action, up to and including termination.
City of Hillsboro prohibits sexual harassment of all kinds. This policy applies not only to employees, but also to clients, customers, guests, vendors and anyone else doing business with the City. Any employee who feels that he or she has been a victim of sexual harassment, or who believes that he or she has witnessed sexual harassment, should notify their department head immediately.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
• Submission to such conduct is made a term or condition, either explicitly or implicitly, of an individual’s employment
• Submission to or rejection of such conduct by an individual is used as a factor in decisions affecting that individual’s employment
• Such conduct has the purpose or effect of interfering with an individual’s work performance or creates an intimidating, hostile or offensive work environment
Sexual harassment includes many forms of offensive behavior, including the harassment of a person of the same gender as the harasser. Examples of sexual harassment include, but are not limited to, the following:
• Unwelcome sexual flirtation, advances or propositions
• Verbal comments related to an individual’s gender or sexual orientation
• Explicit or degrading verbal comments about another individual or his or her appearance
• The display of sexually suggestive pictures or objects in any workplace location, including transmission or display via computer
• Any sexually offensive or abusive physical conduct
• The taking of or the refusal to take any personnel action based on an employee’s submission to or rejection of sexual overtures
• Displaying cartoons or telling jokes which relate to an individual’s gender or sexual orientation
It is important to City of Hillsboro that all employees are protected from harassment. Any incidents that are perceived as harassment will be investigated and appropriate action will be taken by City of Hillsboro.
Violence in the Workplace Policy
It is City of Hillsboro’s policy to provide a workplace that is safe and free from all threatening and intimidating conduct.
The City of Hillsboro has a policy of zero tolerance for violence. If an employee engages in any violence in the workplace, or threatens violence in the workplace, the employee shall be terminated immediately for cause. No talk of violence or joking about violence will be tolerated.
Therefore, the City will not tolerate violence or threats of violence of any form in the workplace, at work-related functions or outside of work if it affects the workplace. This policy applies to City employees, clients, customers, guests, vendors and persons doing business with the City.
It is a violation of this policy for any individual to engage in any conduct, verbal or physical, that intimidates, endangers or creates the perception of intent to harm persons or property. Examples include but are not limited to:
• Physical assaults or threats of physical assault, whether made in person or by other means (i.e., in writing, by phone, fax or email)
• Verbal conduct that is intimidating and has the purpose or effect of threatening the health or safety of a co-worker
• Any other conduct or acts that management believes represent an imminent or potential danger to workplace safety or security
Anyone with questions or complaints about workplace behaviors that fall under this policy may discuss them with a department head or the City Administrator. The City will promptly and thoroughly investigate any reported occurrences or threats of violence. Violations of this policy will result in disciplinary action, up to and including immediate termination of employees. Where such actions involve non-employees, the City will take action appropriate for the circumstances. Where appropriate and/or necessary, the City will also take whatever legal actions are available and necessary to stop the conduct and protect City employees and property.
It is the intent of this policy to ensure that everyone associated with the City, including employees and citizens, never feels threatened by any employee’s actions or conduct.
City of Hillsboro is committed to providing a safe and healthy work environment for all employees. As such, the City prohibits bullying of any kind and will deal with complaints accordingly. This policy applies to employees while working, at work functions and while traveling on business.
Bullying is defined as unwelcome or unreasonable behavior that demeans, intimidates or humiliates an individual or a group of individuals.
Bullying can be:
• An isolated incident or persistent incidents
• Carried out by a group or an individual
• Either direct or indirect
• Verbal or physical
Some examples of bullying include:
• Abusive or offensive language
• Unwelcome behavior
• Unreasonable insults or criticism (especially in public)
• Teasing and/or spreading rumors
• Trivializing of work or achievements
• Exclusion or isolation
Bullying can have devastating results. If you witness bullying or suspect bullying is taking place, report it to your department head or City Administrator immediately. All suspected incidents of bullying will be thoroughly investigated and disciplinary measures will be taken accordingly.
The work rules and standards of conduct for City of Hillsboro are important, and the City regards them seriously. All employees are urged to become familiar with these rules and standards. In addition, employees are expected to follow the rules and standards faithfully in doing their jobs and conducting business on behalf of City of Hillsboro. Please note that any employee who deviates from these rules and standards will be subject to disciplinary action, up to and including termination of employment.
While not intended to list all the forms of behavior that are considered unacceptable in the workplace, the following are examples of rule infractions or misconduct that may result in disciplinary action.
• Theft or inappropriate removal or possession of property
• Falsification of timekeeping records
• Working under the influence of alcohol or illegal drugs
• Possession, manufacture, distribution, sale, transfer, dispensation or use of alcohol or illegal drugs
• Fighting or threatening violence in the workplace
• Immoral actions or intimidating others
• Boisterous or disruptive activity in the workplace
• Negligence or improper conduct leading to damage of City or customer property
• Insubordination or other disrespectful conduct
• Violation of safety or health rules
• Smoking in the workplace
• Sexual or other unlawful or unwelcome harassment or touching
• Excessive absenteeism or any absence without notice
• Unauthorized use of telephones or other City equipment
• Using City equipment for purposes other than business (e.g., playing games on computers or personal Internet usage)
• Unauthorized disclosure of confidential information
• Violation of personnel policies
• Unsatisfactory performance or conduct
These rules apply to any and all interactions with customers, fellow employees or anyone else associated with the workplace.
All employees are required to wear appropriate safety equipment and follow appropriate safety precautions according to city and/or departmental policy at all times. Failure to comply with safety policies may result in disciplinary action.
In an effort to provide fair and equitable policy pertaining to travel by employees necessary for the conduct of their particular assignments, the City of Hillsboro establishes the following policy and procedure for work related travel by employees.
The City of Hillsboro shall allow employees to use city vehicles for work related travel. Travel shall be defined for the purposes of this policy as any out-of-town trip(s). An employee shall receive permission from the appropriate department head for any travel. Any overnight travel shall be approved in advance by both the appropriate department head and City Administrator.
City vehicles shall be used for travel whenever possible. Scheduling of vehicles shall be performed by the appropriate department head. When a city-owned vehicle is unavailable for travel, the employee’s personal vehicle may be used with approval of the City Administrator. The rate of per-mile reimbursement shall be set by the IRS, and all travel related expenses shall be kept at a minimum.
It is the policy of the City to employ its residents when possible. Employees are encouraged to maintain or become residents of the community. Each department will establish residency policies for hiring to be approved by the City Administrator. Typical residency requirements should be expressed in a response time radius that is reasonably connected to the type of functions the employee will perform. Any residency requirement shall be clearly expressed to potential applicants before hiring. Current employees that move out of the residency area maybe be subject to dismissal.
Employees are not allowed to use any city property and/or city shops for personal use or gain at any time (before work, after work, during breaks, etc.).
Any unused or obsolete property or equipment will remain the property of the City of Hillsboro. The salvage or disposal of City property will be done only after approval by the City Council. Any funds realized by such salvage or disposal will be considered City funds.