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Sec. 12.5-58. Whistleblower protection; abuse of process; complicity.
(a) Officials, employees and appointees are encouraged to report suspected ethical violations to the ethics officer.
(b) No official, employee or appointee shall use or threaten to use any official authority or influence to discourage, restrain or interfere with any other person for the purpose of preventing such person from acting in good faith to report or otherwise bring to the attention of the ethics officer information relating to an ethics violation or an investigation by the ethics commission.
(c) No official, employee or appointee shall use or threaten to use any official authority or influence to effect any action to retaliate against an official, employee or appointee who reports, initiates a complaint, or otherwise brings to the attention of the ethics officer information relating to an ethics violation or an investigation by the ethics commission.
(Ord. No. 330, Att. § 8, 6-25-07; Ord. No. 371, 5-11-09)
Sec. 12.5-59. County contracts and approvals.
All persons receiving any county contract, subcontract, land use approval or financial grant of money shall execute the gratuity disclosure form under oath and file same with the ethics officer, prior to award of same by the board of county commissioners, or by any board, commission, agency, authority, official, employee, or appointee in which such persons shall:
(1) Disclose any gratuity that they have given, directly or indirectly, to any official, employee or appointee, including their spouses and children living in the household, who is involved in the decision regarding the contract, land use approval, or financial grant of money;
(2) Affirm that they have not given, directly or indirectly, any gratuity to any official, employee or appointee, including their spouses and children living in the household, that has not been disclosed; and
(3) Affirm that they have not violated the provisions of this code of ethics.
(Ord. No. 330, Att. § 9, 6-25-07; Ord. No. 371, 5-11-09)
Sec. 12.5-60. Lobbyists
(a) For the purposes of this section, a lobbyist is anyone who receives a salary, commission, or fee from any entity for the purpose of influencing the decision, for or against, of any decision-maker within the county. "Lobbyist" does not include anyone conducting such activity who receives only reimbursement at value for meals and/or travel.
(b) A lobbyist shall register with the ethics officer within five business days of becoming a lobbyist by filing the lobbyist registration form. The lobbyist shall include in the registration the names of all clients for whom he or she is lobbying the county and the specific issues about which he or she is lobbying.
(c) The lobbyist shall report annually to the ethics officer any campaign contributions in excess of $100 that he or she has made to any elected official in county government, and all gifts to officials, employees, and appointees who exercise discretion in a matter that is the subject of the lobbying by filing the annual lobbying expenditure report for lobbyists.
(Ord. No. 330, Att. § 10, 6-25-07; Ord. No. 371, 5-11-09)
Sec. 12.5-61. Additional standards for board of county commissioners.
If a member of the board of county commissioners holds a chairmanship, whether of a committee or of the whole commission, and has been criminally charged or indicted with one or more of the following federal offenses:
(1) Actual or attempted extortion of money or property, real or personal, under color of official right; or
(2) Taking of federal program funds or property, real or personal, acquired with federal funds; or
(3) Embezzlement, stealing or obtaining by fraud or otherwise unauthorized conversion of any property to the use of any person other than the rightful owner or the intentional misapplication of any property;
then the board of county commissioners shall vote within 45 calendar days of the charge or indictment whether such member shall retain such chairmanship. The charged or indicted member who is the subject of the vote shall not vote in that decision.
(Ord. No. 330, Att. § 11, 6-25-07; Ord. No. 371, 5-11-09)
Sec. 12.5-62. Reports to be placed on Internet.
The ethics officer shall place all reports filed in accordance with this code of ethics on the Shelby County Internet website [www.shelbycountytn.gov].
(Ord. No. 330, Att. § 12, 6-25-07; Ord. No. 371, 5-11-09)
 
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