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CHAPTER 09 Title 1 Oaths and Bonds and Official Conduct OATH, BONDS AND OFFICIAL CONDUCT CHAPTER 9 OATH, BONDS AND OFFICIAL CONDUCT SECTION: 1-9-1: Oath 1-9-2: Bonds 1-9-3: Qualifications of Elective Officers 1-9-4: Interest in Contracts 1-9-5: Nepotism 1-9-6: Payments Unlawful 1-9-7: Payments for Public Service Prohibited 1-9-8: Public Accounts Required 1-9-9: Bribery 1-9-10: Compensation for Past Official Behavior 1-9-11: Gifts to Public Servants 1-9-12: Compensation for Assisting Private Interests 1-9-13: Interest in Sales 1-9-14: Unlawful Payment of Warrants 1-9-1: OATH: Every elective officer of the City, before duty, shall take and subscribe before a person authorized to administer public oaths, an oath substantially in the following form: I do solemnly swear (or affirm, as the case may be) that I will support the Constitution and Laws of the United States; the Constitution and Laws of the State of Idaho; and the Laws of the City of Ammon; and that I will faithfully discharge the duties of (insert office) according to the best of my ability. Said oath shall be certified by the officer before whom it was taken and the subscribed oath and certification shall be filed with the City Clerk. Such oath of office shall be taken, subscribed, and filed within ten (10) days after the officer has notice of his election or appointment, or before the expiration of fifteen (15) days from the commencement of his term of office, when no such notice has been given. The oath may be taken before any officer authorized to administer oaths. 1-9-2: BONDS: Before performing any duties of their respective offices, the City Administrator, City Clerk, Treasurer and Fire Chief shall be covered by a bond and/or insurance policy in amounts to be determined by the Council. In addition, the Mayor, City Council and all employees in the City Office shall be covered by a bond and/or an insurance policy in amounts to be determined by the Council. OATH, BONDS AND OFFICIAL CONDUCT 1-9-3: QUALIFICATIONS OF ELECTIVE OFFICERS: No person shall hold any elective office unless he or she is a qualified elector of the City at the time of his or her election. 1-9-4: INTEREST IN CONTRACTS: No elective or appointive officer of the City shall have any interest in any contract prohibited by state law. No employee of the City shall have any interest in any contract in which he or she shall have any official discretion regarding the execution or administration thereof. 1-9-5: NEPOTISM: It shall be unlawful for any elective or appointive officer of the City to appoint or vote for the appointment of any person related to such officer or any of his or her associates in office by affinity or consanguinity within the second degree to any clerkship, office, position, employment, or duty when the salary or compensation of such appointee is to be paid out of public funds. 1-9-6: PAYMENTS UNLAWFUL: No officer or employee of the City shall pay out of any public funds under his or her control or to draw or authorize the drawing of any warrant or authority for payment out of any public fund, any salary or compensation of a person who is ineligible under the preceding section. 1-9-7: PAYMENTS FOR PUBLIC SERVICES PROHIBITED: It shall be unlawful for any officer or employee of the City to personally accept payment for any service performed by such employee in the ordinary course of employment. 1-9-8: PUBLIC ACCOUNTS REQUIRED: It shall be unlawful for any elective or appointive officer who receives fees for services, or who receives public monies for safekeeping, to fail to keep a public account in which all receipts of fees or monies are entered. Such account shall also include a statement of whom and on what account such monies or fees are received. It shall also be unlawful for any elective or appointive officer to fail to keep a like account of all disbursements of public monies and to whom and on what account the same were paid. 1-9-9: BRIBERY: It shall be unlawful for any officer or employee of the City to accept any pecuniary benefit as consideration for the recipient’s decision, opinion, recommendation, vote, or other exercise of discretion as a public servant or to accept any benefit as consideration for a violation of a known legal duty as a public servant. 1-9-10: COMPENSATION FOR PAST OFFICIAL BEHAVIOR: It shall be unlawful for any officer or employee of the City to accept or agree to accept any pecuniary benefit as compensation for having, as a public servant, given the decision, opinion, recommendation, or vote favorable to another or for having otherwise exercised a discretion in his favor, or for having violated his duty. OATH, BONDS AND OFFICIAL CONDUCT 1-9-11: GIFTS TO PUBLIC SERVANTS: (A) It shall be unlawful for any officer or employee of the City exercising regulatory functions, or conducting inspections or investigations, or carrying on civil or criminal litigation on behalf of the City, or having custody of a prisoner, to solicit, accept, or agree to accept any pecuniary benefit from a person known to be subject to such regulation, inspection, investigation, or custody, or against whom such litigation is known to be pending or contemplated. (B) It shall be unlawful for any officer or employee of the City, having discretionary function to perform in connection with contracts, purchases, payments, claims, or other pecuniary transaction of the government, to solicit, accept, or agree to accept any pecuniary benefit from any person known to be interested in or likely to become interested in any such contract, purchase, payment, claim, or transaction. (C) For the purposes of this section, the term “pecuniary benefit” shall mean any benefit in the form of money, property, or any other thing the primary significance of which is economic gain, but excluding any advantage promised generally to a group or class of voters as a consequence of public measures which such officer supports or opposes. (D) This section shall not apply to: 1. fees prescribed by law to be received by such officer or employee or any other benefit for which the recipient gives legitimate consideration or to which he is otherwise legally entitled; 2. gifts or other benefits on account of kinship or other personal, professional, or business relationship independent of the official status of the receiver; 3. trivial benefits incidental to personal or business contacts and having no substantial risk of undermining official impartiality. 1-9-12: COMPENSATION FOR ASSISTING PRIVATE INTERESTS: It shall be unlawful for any officer or employee of the City to solicit, accept, or agree to accept compensation for advice or other assistance in preparing or promoting a bill, contract, claim, or other transaction or proposal as to which such officer or employee knows that he or she has or is likely to have an official discretion to exercise. 1-9-13: INTEREST IN SALES: It shall be unlawful for any officer or employee of the City to be a purchaser at any sale made by them in their official capacity, or to act as a vendor at any purchase made by them in their official capacity. 1-9-14: UNLAWFUL PAYMENT OF WARRANTS: It shall be unlawful for any officer or employee of the city charged with the disbursement of public monies to pay OATH, BONDS AND OFFICIAL CONDUCT any warrant or any other evidence of indebtedness when the same has been purchased, sold, received, or transferred contrary to the provisions of this chapter.