Ethics Commission — Portland, ME
Date: 2025-08-27
Time: 18:00

PLANNING BOARD MEMBERS
 Carolyn Braun
 Peter Goldman
Wednesday, August 27, 2025 at 6:00 PM Jennifer Goodwin
Via Zoom William Hayward
 Maria Maffucci
 Rosemary Paine
 Jennifer Wriggins



REMOTE ACCESS INFORMATION:https://portlandmaine-
gov.zoom.us/j/83802048930?pwd=hfOOnHGu0l1v8ROBUpykqCKaVBbppW.1
The Ethics Commission will conduct this meeting remotely via Zoom pursuant to the Remote Meeting Policy.
Allow your computer to install the free Zoom app to get the best meeting experience. If you are not able to
attend live either in person or via Zoom, a recording will be available in the Agenda Center following the
meeting.

For public comment via Zoom, you will need to use the "raise your hand" feature. To raise your hand via the
telephone, please hit *9. You will be unmuted by the host when it is time for public comment.

https://portlandmaine-gov.zoom.us/j/83802048930?pwd=hfOOnHGu0l1v8ROBUpykqCKaVBbppW.1

PUBLIC COMMENT INFORMATION:
To submit written public comment on an agenda item, email INSERT_EMAIL_ADDRESS_HERE.
Submissions must be received by 12:00 pm the day before the Ethics Commission meeting to guarantee their
inclusion in the agenda packet. All submissions must include the commenter's name and legal address. To help
ensure your comment is submitted for the correct item, please include the name of the agenda item (see below).


AGENDA:

1. Call to Order

2. Roll Call

3. Approval of Minutes from Previous Meeting

 i. Ethics Commission Meeting-July 29, 2025
4. New Business

 i. Review of Ethics Legal Landscape & Sample Ethics Codes
 ii. Review of Ethics Commission Ordinance & Charter Provisions
5. Other Business

6. Next Meeting Date

 i. Set Date/Time of Next Meeting

 1
7. Adjourn




 2

PLANNING BOARD MEMBERS
 Carolyn Braun
 Peter Goldman
Wednesday, August 27, 2025 at 6:00 PM Jennifer Goodwin
Via Zoom William Hayward
 Maria Maffucci
 Rosemary Paine
 Jennifer Wriggins



REMOTE ACCESS INFORMATION:https://portlandmaine-
gov.zoom.us/j/83802048930?pwd=hfOOnHGu0l1v8ROBUpykqCKaVBbppW.1
The Ethics Commission will conduct this meeting remotely via Zoom pursuant to the Remote Meeting Policy.
Allow your computer to install the free Zoom app to get the best meeting experience. If you are not able to
attend live either in person or via Zoom, a recording will be available in the Agenda Center following the
meeting.

For public comment via Zoom, you will need to use the "raise your hand" feature. To raise your hand via the
telephone, please hit *9. You will be unmuted by the host when it is time for public comment.

https://portlandmaine-gov.zoom.us/j/83802048930?pwd=hfOOnHGu0l1v8ROBUpykqCKaVBbppW.1

PUBLIC COMMENT INFORMATION:
To submit written public comment on an agenda item, email INSERT_EMAIL_ADDRESS_HERE.
Submissions must be received by 12:00 pm the day before the Ethics Commission meeting to guarantee their
inclusion in the agenda packet. All submissions must include the commenter's name and legal address. To help
ensure your comment is submitted for the correct item, please include the name of the agenda item (see below).


AGENDA:

1. Call to Order

2. Roll Call

3. Approval of Minutes from Previous Meeting

 i. Ethics Commission Meeting-July 29, 2025
4. New Business

 i. Review of Ethics Legal Landscape & Sample Ethics Codes
 ii. Review of Ethics Commission Ordinance & Charter Provisions
5. Other Business

6. Next Meeting Date

 i. Set Date/Time of Next Meeting

 1

 Page 1
7. Adjourn




 2

 Page 2
City of Portland-Ethics Commission ​ ​ ​ ​ ​




Meeting Date: Tuesday, July 29, 2025 at 5:00 pm-Meeting Minutes




Attendees
Carolyn Braun, Peter Goldman, Jennifer Goodwin, William Hayward, Maria Maffucci, Rosemary
Paine, Jennifer Wiggins,
Staff: Ashley Rand, City Clerk; Rachel Millette, Associate Corporation Counsel


Agenda
Call to Order
 1.​ Ashley Rand called the meeting to order at 5:00 pm

New Business
 1.​ Adopt a Remote Meeting Policy
 Motion was made by Peter Goldman and seconded by William Hayward for passage.
 Passage: 7-0
 2.​ Introduce Members
 All members were introduced
 3.​ Elect a Chair
 Motion was made by Caroyln Braun and seconded by Jennifer Wriggins to elect Peter
 Goldman as Chair for passage. Passage: 6-1 (Peter Goldman abstained)
 4. Elect a Secretary
 Motion was made by Peter Goldman and seconded by William Hayward to elect Carolyn
 Braun as Secretary for passage. Passage: 6-1 (Carolyn Braun abstained)
 5. FOAA Training
 Rachel Millette (Associate Corporation Counsel) presented the FOAA material and
 trained the Commissioners
Next Steps
 ○​ Review/Adopt Rules & Procedures of the Ethics Commission
 ■​ Ms. Millette will provide the Commissioners with the legal landscape and
 other city’s ethics codes as a basis for creating Rules and Procedures




 Page 3
 ○​ Next Meeting
 Motion was made by William Hayward and seconded by Jennifer Goodwin to meet the last
 Tuesday of every month at 6:00pm with the exception of the next meeting, which will be on
 Wednesday, August 27, 2025 at 6:00pm via zoom. Passage 8-0


 Next Meeting: August 27, 2025 at 6:00pm via zoom.
​ ​




 Page 4
 Ethics Legal Landscape
Ethics Commission Ordinance & Existing Ethics Laws
 August 27, 2025




 Page 5
01
Introduction to the Ethics Commission
 Page 6
TIMELINE

Ethics Commission

 Charter Provision Passed Ethics Commission is Appointed City Council Reviews, (Revises), &
 November 8, 2022 by the City Council Approves Ethics Code &
 Effective July 1, 2023 June 23, 2025 Procedural Rules




 Phase 1 2 3 4 5




 City Council Passed Ethics Ethics Commission Prepares
 Commission Ordinance Draft Ethics Code & Procedural
 February 24, 2025 Rules


 Page 7
“
The ethics commission shall provide
impartial oversight and render
decisions and advisory opinions to
ensure that standards of ethical
conduct are observed by elected and
appointed city ofﬁcials and city
employees.



— City Charter, Art. VIII, Sec. 1-A




 Page 8
Ethics Commission
Duties

Code of Ethics Ordinance
 ● Prepare and recommend a code of ethics ordinance to the City Council for
 enactment
 ● Review the ethics commission and code of ethics ordinances not less than
 once every three (3) years and make any recommendations for
 amendments to the City Council




 Page 9
Ethics Commission
Duties


Complaints of Ethics Violations
 ● Hear complaints and render written decisions regarding alleged violations
 of the City’s code of ethics ordinance
Advisory Opinions
 ● Questions of prospective application of the City’s code of ethics ordinance
 ● Questions of compliance with the City charter as it relates to the code of
 ethics ordinance
 ● Adherence to council and board rules and procedures as they relate to the
 code of ethics ordinance

 Page 10
Ethics Commission
Duties


Other Duties
 ● Procure a second legal opinion from outside legal counsel, upon request
 from a majority of the City Council or of any board or committee
 ● Design and oversee ethics program evaluations, including the ethics
 ordinance and the Commission’s bylaws and policies and make
 recommendations to the City Council regarding the same
 ● May recommend appointment of an Accountability Ofﬁcer




 Page 11
Complaint Process


 Who Can File a Complaint
 - Any City ofﬁcial or employee
 - Resident of the City
 - Accountability Ofﬁcer
 - Majority of the Ethics Commission




 Page 12
Complaint Process

 Corporation
 Counsel Reviews




 Personnel Matters Not Personnel Matters
 (elected and appointed City
 oﬃcials)




 City Council
 City Manager
 (City Manager, Clerk, or Ethics Commission
 (all other employees)
 Corporation Counsel)



 Dismissal Finding on Merits Law Enforcement
 (Frivolous, Unfounded, (Violation or No Referral
 Malicious, etc.) Violation) (Criminal Nature)
 Page 13
Advisory Opinion Process


 Who Can Request an Advisory Opinion
 - Any City ofﬁcial or employee




 Distinction from Complaints
 - About prospective application - if I did this,
 would it violate the ethics code?
 - Complaints address something that
 has already been done




 Page 14
  Advisory Opinion Process

 Corporation
 Counsel Reviews




 Personnel Matters Novel
 Not &Personnel
 Unique Matters
 Questions
 (elected
 referred
 and to
 appointed
 Ethics City
 Commission
 oﬃcials)




 Requester
 City is
 Council
 satisﬁed Unique or Novel
 Requester
 City seeks
 Manager
 review Corporation Counsel
(City
 with
 Manager,
 Corporation
 Clerk, or Questions referred to
 by
 (allEthics
 other employees)
 Commission renders opinion
 Corporation
  Counsel’s opinion
 Counsel) Ethics Commission



 Requester is Requester seeks
 satisﬁed with review by Ethics
 opinion Commission
 Ethics Commission
 renders opinion
 Page 15
02
Existing Ethics Obligations
 Page 16
State Ethics Laws
Conflicts of Interest


30-A MRS § 2605 - Conﬂicts of Interest
 ● Provides that certain actions of a municipality are voidable and actionable if
 they violate certain conﬂict of interest provisions


(1) Voting - ofﬁcial votes on a question in which they have a direct or indirect
 pecuniary interest
(2) Contracts - enter into a contract in which an ofﬁcial has a direct or indirect
 pecuniary interest unless obtained through a proper bid procedure



 Page 17
State Ethics Laws
Conflicts of Interest


(3) Former Ofﬁcials - cannot act as an agent or attorney or participate in a
 proceeding for anyone other than the municipality for one year after
 leaving their position in any proceedings that were pending before them or
 in their responsibility while in ofﬁce or in the last year of their term in
 ofﬁce
(4) Appearance of Conﬂict of Interest - requires disclosures or abstentions to
 avoid the appearance of a conﬂict of interest




 Page 18
State Ethics Laws
Criminal Violations


17-A MRS § 456 - Tampering with Public Records
 ● Unlawful to falsify records kept by the government or intentionally destroy
 a record without authority to do so
17-A MRS § 602 - Bribery in Ofﬁcial and Political Matters
 ● Unlawful to solicit, accept, or agree to accept a beneﬁt from another
 knowing it is intended to inﬂuence action, decision, vote, etc. as a public
 servant or to fail to report bribery to law enforcement
17-A MRS § 603 - Improper Inﬂuence
 ● Legal obligation to report to law enforcement when a person threatens
 harm to a public servant to inﬂuence their actions, decisions, votes, etc.
 Page 19
State Ethics Laws
Criminal Violations


17-A MRS § 604 - Improper Compensation for Past Action
 ● Unlawful to accept a bribe for a previous decision, action, vote, etc.
17-A MRS § 605 - Improper Gifts to Public Servants
 ● Unlawful to solicit, accept, or agree to a bribe if know or reasonably should
 know that the purpose of the donor is to inﬂuence the public servant or is a
 reward for action
17-A MRS § 606 - Improper Compensation for Services
 ● Unlawful to solicit, accept, or agree to a bribe in return for advice or other
 assistance in preparing or promoting a bill, contract, claim, transaction or
 proposal which the public servant has or likely has ofﬁcial discretion over
 Page 20
State Ethics Laws
Criminal Violations


17-A MRS § 607 - Purchase of Public Ofﬁce
 ● Unlawful to accept a bribe as compensation for endorsement, nomination,
 appointment or disapproval of any person for a public servant position or
 promotion
17-A MRS § 608 - Ofﬁcial Oppression
 ● Unlawful to act with the intention to beneﬁt yourself or harm another by
 committing an unauthorized act of ofﬁce or refraining from a required duty
17-A MRS § 609 - Misuse of Information
 ● Unlawful to engage in “insider trading” or assist others to do the same

 Page 21
State Ethics Laws
Criminal Violations


17-A MRS § 903 - Misuse of Entrusted Property
 ● Unlawful to misuse property of the government




 Page 22
State Ethics Laws
Other Statutory Restrictions


21-A MRS § 504 - Persons Ineligible to Serve
 ● Restricts who may serve as election ofﬁcials
30-A MRS § 5122 - Interest of Public Ofﬁcials, Trustees or Employees
 ● Restricts those who are engaged in urban renewal project on behalf of a
 municipality from acquiring personal interests in such projects




 Page 23
Charter Ethics Requirements
Personal Interest Restrictions


Charter Article VII, Section 1 - No Personal Interest
 ● Prohibits City and School ofﬁcers and employees from:
 ○ Having a substantial ﬁnancial interest in contracts entered into by
 the City or School or in the sale of land, supplies, or services within
 their function or responsibility
 ○ Purchasing or accepting things from the City or School on terms
 different than those offered to the public (except compensation, such
 as part of their employment)
 ○ Accepting gifts or services from someone with a contract with the
 City or School on terms better than those granted to the public
 Page 24
03
Drafting an Ethics Code
 Page 25
Code of Ethics - Required Topics


 Standards of Conduct
 Conflicts of Interest
 Confidential Information
 Disclosure Forms
 Consequences for Violations




 Page 26
Sample Ethics Codes

Portland Examples Maine Examples
 ● Portland City Council ● Bangor
 ○ Applicable only to City Councilors ● Bar Harbor
 ○ Will be rescinded when code of ethics ● Bridgton
 ordinance is enacted ● Cape Elizabeth
 ● Portland Board of Education ● Ellsworth
 ○ Applicable to School Board members ● Kennebunk & Recent Kennebunk Draft
 ● Old Orchard Beach
 ● Raymond
 ● Saco
 ● Topsham
 ● Windham
 ● York




 Page 27
Sample Ethics Codes

Out of State Examples Procedural Rule Examples
 ● Burlington, VT ● Portland’s Historic Preservation Board
 ● Massachusetts State Law Summary ● Portland’s Rent Board
 ● Minneapolis ● Minneapolis
 ● New York City & Recent Reform Recommendations ● New York City
 ● Seattle ● Seattle




 Page 28
Questions & Answers


 Page 29
City of Portland Administration
Code of Ordinances Chapter 2
Sec. 2-410 Rev. 2-24-25

(Ord. No. 377-90, 6-6-90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015)

Sec. 2-412. Violation of regulations.

 It shall be unlawful for any person to violate any provisions of
this article or of the regulations or plans issued pursuant to the
authority contained herein, or to obstruct, hinder or delay any member
of the emergency preparedness organization as herein defined in the
enforcement of the provisions of this article or any regulation or plan
issued thereunder.
(Ord. No. 377-90, 6-6-90; Ord. No. 293-04/05, 6-20-05)

Sec. 2-413. Penalty.

 Any person, firm or corporation violating any provision of this
article or any rule or regulation promulgated thereunder, upon
conviction thereof, shall be punished by a fine of not more than five
hundred dollars ($500.00) and the costs of prosecution.
(Ord. No. 377-90, 6-6-90)

Sec. 2-414. Severability.

 Should any provision of this article be declared invalid for any
reason, such declaration shall not affect the validity of other
provisions, or of this article as a whole, it being the legislative
intent that the provisions of this article shall be severable and
remain valid notwithstanding such declaration.
(Ord. No. 377-90, 6-6-90)

Sec. 2-415. Conflicting ordinances, orders, rules and regulations
suspended.

 At all times when the orders, rules and regulations made and
promulgated pursuant to this article shall be in effect, they shall
supersede all existing ordinances, orders, rules and regulations,
insofar as the latter may be inconsistent herewith.
(Ord. No. 377-90, 6-6-90)

Sec. 2-416. – 2-429. Reserved

 ARTICLE IX. ETHICS COMMISSION


Sec. 2-430. Ethics Commission.

 a. Purpose. The Ethics Commission shall provide impartial
oversight and render decisions and advisory opinions to ensure that
standards of ethical conduct are observed by City elected and
appointed officials and employees. The Ethics Commission shall be an
independent body, free from interference from any City elected and
appointed officials and employees. The Ethics Commission may request
 2-79
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City of Portland Administration
Code of Ordinances Chapter 2
Sec. 2-430 Rev. 2-24-25

funding from the city council for independent investigations, legal
services, staffing, or other demands pertinent to its mission.

 b. Composition. There shall be an Ethics Commission composed
of seven (7) members. All members shall be appointed to fill at-
large seats, and may reside in any part of the City. For the initial
appointment of Commission members set out in (c) below, at least
three (3) members shall be appointed, to terms of one (1), two (2),
and three (3) years.

 c. Appointment; Terms. For the initial members of the Ethics
Commission, two members shall be appointed by the City Council for a
term of one (1) year, two members shall be appointed for a term of
two (2) years, and three members shall be appointed for a term of
three (3) years. Thereafter, the City Council shall appoint members
for terms of three (3) years. Such members shall serve until their
successors are duly appointed and qualified.

 d. Qualifications. Members of the Ethics Commission shall be
legal residents of the City, having resided in the city for a period
of at least the three years immediately preceding the member’s
appointment. Elected City officials, candidates for any City elected
office, City employees, and their immediate family members are not
eligible to be appointed as members of the Ethics Commission.
 e. Vacancies. Permanent vacancies on the Ethics Commission
shall be filled by the City Council in the same manner as other
appointments hereunder for the unexpired term of the former
member.

 f. Removal of Members. Any member of the Ethics Commission
may be removed for cause by the City Council at any time; provided,
however, that before any such removal, such member shall be given
an opportunity to be heard in their own defense at a public
hearing.

 g. Compensation. Members of the Ethics Commission shall
serve without compensation.

 h. Meeting frequency; chair; secretary; minutes, public
records. The Ethics Commission shall meet as needed, but no less
than annually. The members of the Ethics Commission shall annually
elect one (1) of their members as chair to preside at all meeting
and hearings and to fulfill the customary functions of that office.
The members of the Ethics Commission also shall annually elect one
(1) of their members as secretary to keep the minutes of the
proceedings of the Ethics Commission, showing the vote of each
member on every question, or their absence or failure to vote, and
 2-80
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City of Portland Administration
Code of Ordinances Chapter 2
Sec. 2-430 Rev. 2-24-25

to file the same with the City Clerk, who shall maintain the
permanent records and decisions of all board meetings, hearings and
proceedings, and all correspondence of the Ethics Commission, as
required by statute, and to fulfill the customary functions of that
office. Except as otherwise provided by State law, such records
shall be public records open to inspection during working hours upon
reasonable notice.

 i. Quorum and Necessary Vote. No business shall be transacted
by the Ethics Commission without a quorum, consisting of four (4)
members being present. The Ethics Commission shall act on matters of
routine business by a majority of members present and voting.
Matters arising under section (k) and section (l) of this ordinance
shall require the affirmative vote of five members of the commission
for passage

 j. Conflicts. No member of the Ethics Commission shall
participate in the hearing or disposition of any matter in which the
member has an interest. Any question of whether a member has a
conflict of interest sufficient for a member to be recused shall be
decided by a majority vote of the members present, except the member
whose possible conflict is being examined. Where such vote results
in a tie, the subject member shall be recused from the matter.

 k. Duties. In addition to the jurisdiction conferred on it by
other sections of this Article and in accordance therewith, the
Ethics Commission shall undertake the following duties:

 1. Prepare and recommend a Code of Ethics ordinance to the
 City Council for enactment. The City Council shall, with
 the recommendation of the Ethics Commission, enact and
 maintain a Code of Ethics ordinance defining the code of
 ethical conduct for City elected and appointed officials
 and employees as required by the City Charter.

 2. Review the Ethics Commission and Code of Ethics
 ordinances not less than once every three (3) years and
 make recommendations for any amendments to the City
 Council;

 3. Hear complaints and render written decisions with
 findings of fact regarding alleged violations of the
 City’s Code of Ethics ordinance;

 3. Hear and render advisory opinions regarding questions of
 prospective application of the City’s Code of Ethics
 ordinance;

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City of Portland Administration
Code of Ordinances Chapter 2
Sec. 2-430 Rev. 2-24-25

 4. Hear and render advisory opinions regarding questions of
 the requester’s compliance with the City Charter as it
 relates to the City’s Code of Ethics ordinance;

 5. Hear and render advisory opinions regarding adherence to
 City Council and City board and commission ethics rules
 and procedures as they relate to the City’s Code of Ethics
 ordinance;

 6. On receipt of a request from a majority of the City
 Council or any City board or commission, procure a second
 legal opinion from outside legal counsel; and

 7. Design and oversee evaluations of the City’s ethics
 program, composed of the Code of Ethics Ordinance, the
 Ethic’s Commission’s bylaws and policies, and their
 administration and make recommendations to the City
 Council regarding such ethics program.

 l. Appointment of Accountability Officer. The Ethics
Commission may recommend that the City Council appoint an
Accountability Officer and fund that position pursuant to Article
VIII, Section 1-A(c) of the City Charter. The Accountability Officer
shall report directly to the City Council.

 m. Meetings, Hearings, and Procedures.

 1. Regular meetings of the Ethics Commission shall be
 held at the call of the chair or as provided by the rules
 of the Ethics Commission. Special meetings of the Ethics
 Commission shall be called by the chair, at the request of
 any three members of the Commission, or at the request of
 the City Council. Except as otherwise provided by State
 and federal law, all meetings and hearings of the
 Commission shall be open to the public.

 2. The Ethics Commission shall adopt its own rules of
 procedure for the conduct of its business not inconsistent
 with the statutes of the State of Maine and this Section.
 Such rules shall be subject to City Council approval and
 then filed with the secretary and with the City Clerk.

 3. Conflicts. No member of the Ethics Commission shall
 participate in the hearing or disposition of any matter in
 which they have a direct or indirect pecuniary interest,
 as defined by 30-A M.R.S. §2605, as amended, common law,
 the Code of Ethics, or the Charter.


 2-82
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City of Portland Administration
Code of Ordinances Chapter 2
Sec. 2-430 Rev. 2-24-25

 n. Complaints; Advisory Opinion Requests; Filing with City
Clerk; Public Hearings.

 1. Filing with Corporation Counsel. Complaints alleging
 violations of the Code of Ethics ordinance and requests
 for advisory opinions, permitted by this Section, shall
 be filed with Corporation Counsel pursuant to this
 Section. Within 14 days receipt of a request pursuant to
 this section, Corporation Counsel shall make initial
 determinations as follows: (i) compliance with subsection
 8 of this section, and (ii) compliance with subsection 4
 of this section. If Corporation Counsel determines the
 matter is a “personnel matter,” the matter shall be
 redirected to the City Manager, or to the council if the
 matter regards the City Manager, the Clerk, or the
 Corporation Counsel. If Corporation Counsel determines
 the matter is not a “personnel matter,” Corporation
 Counsel shall alert the chair of the Ethics Commission of
 the filing and shall acknowledge in writing to the
 complainant or requester the Ethics Commission’s receipt
 of a complaint or request for advisory opinion

 2. Complaints. Complaints under (k)(3) above alleging
 violation of the City’s Code of Ethics Ordinance may be
 filed by any City official or employee, or resident of
 the city, by the Accountability Officer, or may be
 initiated by a majority of the membership of the Ethics
 Commission, in accordance with the process set out
 herein, provided that complaints regarding City employees’
 ongoing or prior alleged violations or misconduct shall
 be referred without Commission investigation or action to
 the City for appropriate action under State law, its
 personnel policies and/or collective bargaining
 agreements as set forth in (n)(4) below.

 3. Advisory Opinion Requests. Requests for advisory
 opinions under (k)(4), (5), or (6) above may only be made
 by an official or employee of the City and must be made in
 accordance with the process set out herein. The requester
 seeking an advisory opinion under (k)(4), (5), or (6)
 shall first submit a general written statement to
 Corporation Counsel describing the nature of the matter.
 Corporation Counsel shall then forward the general written
 statement to Corporation Counsel who shall (1) render an
 initial opinion and provide it to the requester, or (2) if
 Corporation Counsel determines that the opinion requested
 is of such a novel and unique question of fact or law as
 to need an advisory opinion from the Ethics Commission,
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City of Portland Administration
Code of Ordinances Chapter 2
Sec. 2-430 Rev. 2-24-25

 refer the matter to the Ethics Commission, which shall
 review the matter at its next available public hearing and
 render an advisory opinion thereafter. If Corporation
 Counsel renders an initial opinion, and, after reviewing
 that opinion, the requester would like the Ethics
 Commission to also consider the matter, the requester
 shall submit its written statement and a copy of
 Corporation Counsel’s initial opinion to the Ethics
 Commission, which shall review the matter at its next
 available public hearing and render an advisory opinion
 thereafter.

 4. Personnel Matters. Corporation Counsel shall redirect
 all complaints about or advisory opinions concerning City
 employees to the City Manager, or to the council if the
 complaint or advisory opinion regards the City Manager,
 the Clerk, or the Corporation Counsel, and if the
 complaint or advisory opinion arises out of alleged
 conduct covered by the City’s personnel policies,
 employment contracts, and/or collective bargaining
 agreements. This Determination shall be final and the
 Ethics Commission shall not receive such complaints or
 requests.

 5. Reserved.

 6. Hearings. Within 14 days after the City Clerk’s receipt of
 a complaint or a request for an advisory opinion not
 redirected pursuant to (n)(4) above, the Chair shall set
 the date, time, and place of a hearing on complaints and
 on requests for advisory opinions, advertised and
 conducted by the Ethics Commission as required by various
 State and federal laws pursuant to which matters are
 brought before the Ethics Commission. The hearing, which
 may be conducted in executive session, shall be conducted
 in accordance with relevant State and federal law, the
 City Code, and the rules of the Ethics Commission.

 7. Dismissal of certain complaints and advisory opinion
 requests. If the Ethics Commission finds any complaint or
 advisory opinion request filed with it to have been based
 upon allegations it determines to be frivolous,
 scurrilous, libelous, unsubstantiated, unfounded, of
 nuisance, or with malice, it may so determine and may
 dismiss the complaint without deciding the merits of the
 complaint and may dismiss the advisory opinion request
 without issuing an opinion.


 2-84
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City of Portland Administration
Code of Ordinances Chapter 2
Sec. 2-430 Rev. 2-24-25

 8. This Section and the Ethics Commission complaint and
 advisory opinion process shall protect the identity and
 rights of complainants, requesters, whistleblowers, and
 persons complained against in accordance with and as
 required by all State and federal laws, regulations,
 codes, municipal ordinances, and policies, including but
 not limited to the Maine Freedom of Access Act, the Maine
 Whistleblowers’ Act, and the City of Portland’s personnel
 policies.

 9. The Ethics Commission shall refer any complaint alleging
 corruption, fraud, or abuse of a criminal nature to the
 appropriate law enforcement agency.

 10. City Clerk Report. The City Clerk shall compile a master
 list of all complaints and requests for advisory opinions
 filed with the City Clerk’s office. Such list shall not
 include complaints or advisory requests redirected
 pursuant to (n)(4) above, and shall be redacted to
 protect the identity and rights of complainants,
 requesters, whistleblowers, and persons complained
 against in accordance with and as required by all State
 and federal laws, regulations, codes, municipal
 ordinances, and policies, including but not limited to
 the Maine Freedom of Access Act, the Maine
 Whistleblowers’ Act, and the City of Portland’s personnel
 policies. Such report shall initially be given to the
 chair of the Ethics Commission on a monthly basis, but
 may be reduced to quarterly at the request of the chair.
 The chair of the Ethics Commission shall share the report
 with the rest of the Ethics Commission at its next
 regularly scheduled meeting.

 o. Decisions and Record.

 1. The Ethics Commission shall decide the complaint or
 request for an advisory opinion within 30 days after the
 closing of the hearing unless the complainant and persons
 complained against agree, or the requester agrees, in
 writing to extension of that time period.

 2. Every Ethics Commission decision on a complaint or
 advisory opinion shall be in writing and every decision
 on a complaint shall include findings of fact and
 conclusions of law.

 3. Corporation Counsel shall mail notice of any decision or
 advisory opinion of the Ethics Commission to the
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City of Portland Administration
Code of Ordinances Chapter 2
Sec. 2-430 Rev. 2-24-25

 complainant or requester, and any designated interested
 parties, within seven (7) days of such decision or
 opinion.

 4. The minutes of the Ethics Commission meetings and
 hearings; the meeting and hearing transcripts, if these
 are made; all exhibits, papers, complaints, applications,
 and requests filed in any proceeding before the Ethics
 Commission; and the written decision or opinion of the
 Commission shall constitute the record.

 p. Violations of the Code of Ethics. Violations of the Code
of Ethics ordinance shall be addressed as set out in that ordinance,
provided, however, that the Mayor, any City Councilor found by the
Ethics Commission to be in violation of or to have violated the Code
of Ethics ordinance may only be reprimanded or censured by the City
Council after notice and hearing conducted by the City Council.

 q. Severability. The provisions of this Section and each of
its sections, subsections, paragraphs, subparagraphs, sentences and
clauses are severable. In the event that any such provision is held
to be invalid or unenforceable by any judicial or administrative
tribunal, it is the intent of the governing body that all other
provisions thereof shall remain in full force and effect.

 r. Effective date. This Section shall go into effect on
March 27, 2025 (30 days after passage).
(Ord. No. 82-24/25, 2-24-25)


2-431-2-435. Reserved.

------
 *Editor’s Note: Article IX, §§2-430--2-435 (Portland’s Property Tax Relief
Program) was repealed in its entirety due to the Law Court’s decision on 2/20/04
finding this Article to be unconstitutional.
------

 ARTICLE X. EXEMPTION FROM VEHICLE EXCISE TAX FOR
 CERTAIN MILITARY PERSONNEL

Sec. 2-436. Definitions.

 As used in this article, unless the context indicates
otherwise, the following terms shall have the following meanings:

 Deployed for military service or deployment mean active military
duty with the state military forces, as defined in Maine Revised
Statutes Title 37-B, Section 102, or the United States Armed Forces,
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 is expressly forbidden to pay any money out of the
 city treasury on account of any such transaction.

 (b) Purchase or accept anything from the city or school
 department, other than those items or services which
 are offered to the public generally, and then only
 upon the same terms and under the same procedures
 offered to and used for the general public. This shall
 not include those items or services which are received
 as compensation, or as a part of such person's
 employment contract, or which are necessary for the
 performance of such person's duties.

 (c) Accept or  receive from any person,  firm,  or
 corporation acting under a franchise, contract, or
 license from the city or school department, any frank,
 free pass, free ticket, or free service, or accept,
 directly or indirectly, from any such person, firm, or
 corporation any service upon terms more favorable than
 those granted to the public generally.
(Referenda 11/4/86; 11/2/10; 11-7-2023)

Section 1-A. Ethics Commission and Code of Ethics.

 The city council shall enact and maintain an ordinance that
establishes an ethics commission and, with input from the ethics
commission, shall enact a code of ethics ordinance to be
administered by the ethics commission. Upon the effective date
of the code of ethics ordinance, the existing code of ethics
resolution adopted by the city council shall be repealed. The
ethics commission shall provide impartial oversight and render
decisions and advisory opinions to ensure that standards of
ethical conduct are observed by elected and appointed city
officials and city employees.

 (a) Ethics Commission Ordinance. The city council shall
enact an ordinance directing it to create an ethics commission,
appointed by the city council and consisting of seven (7)
members who are residents of the City, serving for three (3)
year terms, to undertake the following duties:

 1. Prepare and recommend a code of ethics ordinance to the
 city council for enactment as provided in subsection
 (b) below;




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 2. Review the ethics commission and code of ethics
 ordinances not less than once every three (3) years
 and make recommendations for any amendments to the
 city council;

 3. Hear complaints and render written decisions with
 findings of fact regarding alleged violations of the
 city’s code of ethics ordinance, provided that
 complaints regarding city employees’ ongoing or prior
 alleged violations or misconduct shall be referred to
 the city for appropriate action under its personnel
 policies;

 4. Hear and render advisory opinions regarding questions of
 prospective application of the city’s code of ethics
 ordinance;

 5. Hear and render advisory opinions regarding questions of
 compliance with the city charter;

 6. Hear and render advisory opinions regarding adherence to
 council and board rules and procedures;

 7. On receipt of requests from a majority of the city
 council or of any board or committee, procure a second
 legal opinion from outside legal counsel; and

 8. Design and oversee program evaluations.

 Elected City officials, candidates for any City elected
office, and their immediate family members are not eligible to
be appointed as members of the ethics commission.

 The ethics commission shall meet as needed, but no less
than annually.

 The ethics commission ordinance shall establish the process
for filing, hearing and deciding complaints and for soliciting
advisory opinions. Complaints may be filed by any official,
employee, or resident of the city, by the accountability
officer, or may be initiated by the ethics commission, in
accordance with that process. Requests for advisory opinions




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may be filed by any official or employee of the city, in
accordance with that process. Receipt of a complaint or request
shall be acknowledged by the ethics commission. If the ethics
commission finds any complaint filed with it to have been based
upon allegations it determines to be frivolous, scurrilous,
libelous, unsubstantiated, unfounded, of nuisance, or with
malice, it may so determine and may dismiss the complaint
without deciding the merits of the complaint.

 The ethics commission ordinance and complaint process shall
protect the identity and rights of complainants, whistleblowers,
and persons complained against in accordance with and as
required by all State and federal laws, regulations, codes,
municipal ordinances, and policies, including but not limited to
the Maine Freedom of Access Act, the Maine Whistleblowers’ Act,
and the City of Portland’s personnel policies. The ethics
commission shall refer any complaint alleging corruption, fraud,
or abuse of a criminal nature to the appropriate law enforcement
agency.

 The ethics commission shall be an independent body, free
from interference from any city elected and appointed officials
and employees. The ethics commission may request funding from
the city council for independent investigations, legal services,
staffing, or other demands pertinent to its mission.

 (b) Code of Ethics. The city council shall, with the
recommendation of the ethics commission, enact and maintain a
code of ethics ordinance defining the code of ethical conduct
for elected and appointed city officials and city employees. At
a minimum, such code of ethics ordinance shall include and
address:

 1. Standards of Conduct;

 2. Conflicts of Interest;

 3. Confidential Information; and

 4. Disclosure Forms for city elected and appointed
 officials to complete and file with the city clerk and
 update as appropriate.




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 (c) Appointment of Accountability Officer. The ethics
commission may recommend that the city council appoint an
accountability officer and fund that position. The
accountability officer shall: serve as an ombudsperson to
members of the public; provide city information to the public
and officials to educate them about government accountability,
integrity, and transparency; provide training for public
officials on ethical matters; and undertake such other duties as
may be requested by the ethics commission and authorized by the
city council. The accountability officer may provide
administrative support for the civilian police review board. The
accountability officer also shall receive complaints from the
public about alleged government waste, favoritism,
mismanagement, and violations of the public trust; the
accountability officer will refer matters that are within the
scope of the ethics commission’s duties to the ethics
commission, and vice versa.

 (d) Violations of the Code of Ethics. Violations of the
code of ethics ordinance shall be addressed as set out in that
ordinance, provided, however, that any city councilor or mayor
found by the ethics commission to be in violation of or to have
violated the ethics code may be reprimanded or censured by the
city council.
(Referendum 11/8/2022)



Section 1-B. Peaks Island Council.
 The city council shall maintain an ordinance establishing
the “Peaks Island Council,” including powers, duties, membership
requirements and other necessary provisions deemed appropriate
by the city council. The Peaks Island Council shall act as an
elected advisory body to the city council.
(Referendum 11/8/2022)




Section 2. Ordinances, rules and regulations continued.

 All ordinances in force at the time that this charter takes
effect, not inconsistent with this charter, shall continue in
force until amended or repealed. All rules and regulations of
the municipal officers or of any office of the City of Portland




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