Knox County, TN is a chartered Home Rule Government which means County Commission can pass ordinances that have the same effect as “law” in the county.
Last year the Knox Commission passed (First reading passed in August 2016, Second Reading September 2016) an Ordinance which lays out the ethics policies that apply to ALL county departments. It basically codified the ethics policy…The acceptance of gifts of value is clearly stated, The round of golf valued at $1,375.00 which included a gift card of $500 value accepted by Busler and Thomas is a violation of the Ordinance that they (the County Commission) passed less than a year ago.
Why is Bud Armstrong “investigating” this? Is he slow walking the complaint in an effort to try and bury it?
Knox County Ordinance
ARTICLE X. – PERSONNEL PLAN
DIVISION 3 – GENERAL PROVISIONS
Sec. 2-835. – Employee code of ethics and conduct.
(a) Disclosure of personal interest in voting matters. An employee of the county with responsibility to vote on a measure shall disclose during the meeting at which the vote takes place, before any discussion or vote on the measure and so it appears in the minutes, any personal interest that affects or that would lead a reasonable person to infer that it affects the employee’s vote on the measure. In addition, said employee shall recuse him/herself from the discussion and/or vote on the matter. “Personal interest” means, for the purpose of disclosure, personal interest in accordance with this policy, a financial interest of the employee, or a financial interest of the employee’s spouse or child living in the same household, in the matter to be voted upon, regulated, supervised, or otherwise acted upon in an official capacity.
(b) Disclosure of personal interest in non-voting matters. An employee who must exercise discretion relative to any matter other than casting a vote and who has a personal interest in the matter that affects or that would lead a reasonable person to infer that it affects the exercise of the discretion shall disclose, before the exercise of the discretion when possible, the interest on a disclosure form and file the disclosure form with the county clerk. In addition, the employee may, to the extent allowed by law, recuse himself or herself from the exercise of discretion in the matter.
(c) Acceptance of gifts and other things of value. It shall not be considered a violation of this policy for an employee to receive entertainment, food, refreshments, meals, health screenings, amenities, foodstuffs, or beverages that are provided in connection with a conference sponsored by an established or recognized statewide, regional, national, professional employee association or organization of government officials or employees or by an umbrella or affiliate organization of said associations or organizations.
Solicitation or acceptance of gifts. No county employee shall solicit or accept “anything of value,” including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the employee would be influenced thereby. Further, no employee shall solicit or accept, directly or indirectly, on behalf of himself or herself or any member of the employee’s household any gift, including but not limited to any gratuity, service, favor, food, entertainment, lodging, transportation, or any other thing of monetary value from any person or entity that:
• Has or is seeking to obtain, contractual or other business or financial relations with the county;
• Conducts operations or activities that are regulated by the county; or
• Has interests that may be substantially affected by the performance or non-performance of the person’s official duties.
For the purposes of this section, the following do not constitute “anything of value”:
• Payment by a governmental entity of salaries, compensation, employee benefits or authorized reimbursement of actual and necessary expenses;
• Campaign or political contributions that are received in accordance with state law;
• Non-cash awards of nominal or trifling value publicly presented in recognition of public service;
• Gifts or other tokens of recognition presented by representatives of governmental entities or political subdivisions acting in their official capacities;
• Anything of value, regardless of value, when the item is offered to a governmental entity is accepted on behalf of the governmental entity and is to remain the property of the governmental entity;
• A gift given by a member of the employee’s immediate family, or by an individual if the gift is given for a non-business purpose and is motivated by a close personal friendship and not by the position of the employee. In determining whether a gift falls within this subsection, the factors contained in T.C.A. § 3-6-114(b)(3)(A) and (B) shall apply;
• Gifts received as a bequest or inheritance;
• Loans made in the ordinary course of a lender’s business with prevailing rates and terms and which do not discriminate directly or indirectly against or in favor of the county employee because of such individual’s status;
• Fees, expenses or income including those resulting from outside employment which are permitted and reported in accordance with state law;
• Payment by an employer or business other than a government entity of salaries, compensation, employee benefits, or authorized reimbursement of actual and necessary expenses when the payment is unrelated to a member’s status as an employee and is not made for the purpose of influencing, directly or indirectly, the vote, official action or decision of an employee;
• Unsolicited advertising material of nominal value;
• Food and refreshments of nominal value when they are part of the employee’s participation in a charitable, civic, political or community event, which bears a relationship to the employee’s office and the employee is attending in an official capacity;
• Food, refreshments, foodstuffs, entertainment and beverages provided as part of a meal or other event if the value of such items does not exceed $35.00 per occasion, with a limit of two meals per day;
• Entrance fees, admission fees, or tickets shall be valued on the face value of the ticket or fee, or on a daily or per event basis, whichever is greater; or
• Informational materials in the form of books, articles periodicals, other written materials, audio and videotapes or other forms of communication.
Misuse of public position. No county employee shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others.
Disclosure or use of certain information. No county employee shall disclose or use information not available to members of the general public and gained by reason of his or her official position for his or her personal gain or benefit or for the personal gain or benefit of any other person or business entity.
Use of government property. No employee shall make use of the facilities, equipment, personnel, or supplies of the county or its agencies for private use or gain except to the extent that the use is incidental or minimal or is lawfully available to the general public.
(d) Nepotism. No employee of the county shall advocate, recommend, supervise, manage or cause the employment, appointment, promotion, transfer, or advancement of his or her relative to an office or position of employment within the county government.
For the purposes of this policy, “relative” means parent, step-parent, foster parent, parent-in-law, child, step-child, spouse, brother, brother-in-law, foster brother, step-brother, sister, sister-in-law, foster sister, grandparent, son-in-law, daughter-in-law, grandchild or other person that resides in the same household. A court-appointed legal guardian or an individual who is acted as a parent substitute is also included within this definition.
(e) Theft, misappropriation or mismanagement of county funds.
(1) All county employees have a professional, legal, ethical and fiduciary duty to protect those public monies entrusted to them specifically and to county government in general.
(2) The county has a “zero-tolerance” policy regarding the theft, misappropriation, and/or mismanagement of funds entrusted to its employees.
(3) The county employees who steal, misappropriate, and/or mismanage funds or who aid and/or abet others to do so will be subject to criminal prosecution and/or dismissal from their employment with the county.
(4) Those county employees who fail to report those employees who steal, misappropriate, and/or mismanage funds shall be subject to criminal prosecution and/or dismissal from their employment with the county.
(f) Political activity.
(1) Every employee shall have the right to freely express personal views as a citizen, except where such activity may be prohibited by state or federal laws.
(2) Coercion for political purposes of and by employees shall be prohibited.
(g) Canvassing or solicitation.
(1) Non-employees are not permitted to solicit verbally or by distribution of written material to county employees or the general public for commercial purposes during work hours in work areas.
(2) Solicitations by county employees made to other county employees are permitted only in non-work areas and during non-work hours.
(3) Employees or outside charitable organizations who wish to solicit county employees for charitable purposes or to schedule activities in county offices, must make a written request and be approved by the county mayor or the elected official responsible for the office.
(Ord. No. O-16-8-101 , § 1(Exh. A), 9-26-16)
You can’t count on Bob Thomas to do more stuff like this if he ever becomes Mayor. That’s what happens when you only have one quarter of college. Great radio personality. But he simply isn’t educated.