COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080837, AS AMENDED

 

Amending Chapter 2, Administration, Code of Ordinances, by enacting Sections 2-54 through 2-71, relating to volunteers in the offices of City elected officials.

WHEREAS, the Council recognizes that individuals or groups of individuals volunteering their time, skills, talents and knowledge to the City can augment the Citys delivery of services to its citizens; and

 

WHEREAS, the Council recognizes that providing certain volunteer opportunities to individuals or groups of individuals provides them with opportunities for public service; and

 

WHEREAS, the Council also recognizes that providing volunteer opportunities within City government can sometimes present risks to the City, the public and the volunteers themselves which must be considered and managed; and

 

WHEREAS, the Council recognizes Resolution No. 080866 which directs the City Manager to establish an administrative regulation for the proper implementation of volunteer programs within the City departments and directs the Board of Parks and Recreation Commissioners to establish rules for the implementation of volunteer programs within the Parks and Recreation Department; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

That Chapter 2, Administration, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by enacting Sections 2-54 through 2-71, relating to volunteers in the offices of City elected officials, to read as follows:

 

Sec. 2-54. Application.

 

Section 2-54 through Section 2-71 shall control the designation, use and termination of volunteers in the offices of city elected officials.

 

Sec. 2-55. Definitions.

 

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:

 

Volunteer means a person who, of his/her free will, provides services relating to the City or a City elected official, including consulting or advisory, in the offices of a City elected official without receiving monetary or material compensation.

Regular-service volunteer means a volunteer, other than a periodic or special case volunteer as defined herein.

 

Periodic volunteer means a volunteer who offers to provide a one-time or infrequent voluntary service. Individuals who perform services in City-sponsored programs, such as neighborhood cleanup assistance programs, and other similar programs, shall not be considered a volunteer for the purposes of this article.

 

Special case volunteer means a volunteer participating in student projects, a student who is receiving qualified educational credit for their service commitment or a student performing community service-oriented projects.

 

Family member or relative means a person who is related to the elected official within the third degree by consanguity or affinity.

 

Sec. 2-56. Authority to permit volunteers to provide services subject to Sections 2-54 through 2-71 of this Article.

 

(a) Mayor: The Mayor shall have the exclusive authority to designate those activities for which volunteers and their services can be utilized in the Mayors Office or for activities, projects or programs administered exclusively by the Mayor and to designate such a person as a volunteer and to terminate a volunteers services.

 

(b) Mayor pro tem: The Mayor pro tem shall have the authority to designate those activities for which volunteers and their services can be utilized in the City Council Offices for activities, projects or programs administered exclusively by the City Council and to designate such a person as a volunteer and to terminate a volunteers services.

(c) Council members: Council members shall have the authority to designate those activities, projects or programs for which volunteers and their services are utilized exclusively in his/her office and to designate such a person as a volunteer and to terminate the volunteers services.

 

Each person authorized to serve as a volunteer, must be designated as either a regular-service volunteer, a periodic volunteer or a special case volunteer by the person authorizing the service of the volunteer and that designation must be communicated to the volunteer in writing, with a copy delivered to the City Clerk within three days of the initial date of service as a volunteer.

 

Sec. 2-57. Use of Volunteers to Replace City Employees Prohibited.

 

Volunteer services cannot be used in a manner that would result in an existing City employee losing his or her employment with the City, nor can City employees volunteer in their current classified positions.

 

Sec. 2-58. Minors as volunteers.

 

Volunteers who have not yet attained the age of 18 years must have written consent of a parent or legal guardian before being assigned to any volunteer services. Students volunteering for service learning credit hours for their school must submit their school name and contact information before being assigned to any volunteer services.

 

Sec. 2-59. Family Members of City Elected Officials.

 

An elected official shall not designate or otherwise allow a family member to serve as a regular service volunteer in the elected officials office.

 

Sec. 2-60. Conflicts of Interest.

 

Volunteers must recognize the importance of acting in a manner that merits public trust and confidence. Each volunteer must act in all matters in a manner that will safeguard the reputation and integrity of the City and will preserve and strengthen public confidence. Volunteers must refrain from engaging in any transaction in which personal interests conflict, potentially conflict or appear to conflict with those of the City.

 

An actual or potential conflict of interest occurs when a volunteer is in a position to influence a decision that may result in a personal gain for the volunteer or for a relative or business partner as a result of City business dealings.

 

No volunteer shall, when acting on his or her own behalf or when acting on behalf of another person, business or organization, attempt to influence the Citys position on any issue, matter or transaction nor participate in any discussions pertaining to a related organization.

 

No volunteer shall use any information learned or acquired while serving as a volunteer, not otherwise available to the public, for the purposes of financial or other gain or advantage for the volunteer, a family member as defined in Section 2-55, or another business, charitable, religious or other organization or for any other purpose not specifically approved by the City.

 

No volunteer shall misidentify him or herself as an employee of the City in connection with any matter. No periodic or special case volunteer shall use City stationery or any title of the City or express an opinion on the citys behalf. Regular service volunteers shall not use City stationery or any title of the city or express an opinion on the Citys behalf without authorization from the person that authorized his or her volunteer status.

 

Sec. 2-61. Criminal Background Records Check.

 

All regular service volunteers must submit to a criminal background check.

 

Sec. 2-62. Placement.

 

No regular service volunteer shall begin performance of an assignment until they have been officially accepted by the City and have completed all required screening and training. At the time of final acceptance, each volunteer must have completed a volunteer application and received a written copy of the scope of their volunteer activities. Volunteers shall not perform professional services for which certification or licensing is required.

 

Sec. 2-63. Training Prior to Assignment.

 

Regular service volunteers must complete a City-sponsored orientation prior to beginning volunteer services which must include written acknowledgement of critical city policies such as anti-discrimination/harassment policy, violence in the workplace policy, drug and alcohol misuse testing policy, policy against nepotism and instruction on conflicts of interest, confidentiality and proper use of City equipment and electronic communication devices.

 

Sec. 2-64. Confidentiality.

 

Volunteers are responsible for maintaining the confidentiality of all confidential or privileged information and documents to which they have or have had access while serving as volunteers.

 

Sec. 2-65. Volunteer Direction.

 

Each volunteer who is accepted must have a City employee or City elected official assigned to provide daily supervision and direction for that volunteer. The assigned person shall be responsible for day-to-day management and guidance of the volunteer and shall be available to the volunteer for consultation and assistance. City employees who direct volunteers should have these responsibilities identified in their position descriptions and be subject to evaluation on their performance of these responsibilities.

 

Sec. 2-66. Dress Code.

 

A volunteer must dress appropriately for the conditions and performance of the volunteers duties. A volunteer that serves in a capacity of a presenter, speaker or other face-to-face contact with members of the public will wear a City identification badge. A volunteer will dress according to the standards of the particular office to which he or she is assigned. Individual volunteers will be informed of the dress standard for their duties at the time of assignment.

 

Sec. 2-67. Authority to supervise volunteers.

 

Only City elected officials or City employees shall have authority to supervise or give directions to City volunteers.

 

Sec. 2-68. Reimbursement of Expenses and Acceptance of Goods and Food.

 

Volunteers may be eligible for reimbursement of pre-approved, actual out-of-pocket expenses incurred while engaging in volunteer service if approved by the person authorized by Section 2-56 to designate the person as a volunteer. All actual out-of-pocket expenses for which reimbursement is sought must be supported by receipts. Volunteers are ineligible to receive reimbursement related to travel to and from volunteer assignments without prior approval. Volunteers may receive articles of clothing, other goods, food and refreshments offered at the activities, events or assignments to which they are assigned.

 

Sec. 2-69. Computer and Internet Usage.

 

The City may provide a volunteer access to computers and the Internet to assist a volunteer in performing his or her duties. However, no volunteer shall be granted access to the Citys Electronic Communication System or any other access to confidential information or documents, unless approved by the person authorized by Section 2-56 to designate the person as a volunteer.

 

Sec. 2-70. Termination of volunteers services.

 

A persons ability to serve as a volunteer can be terminated by the person authorized by Section 2-56 to designate the person as a volunteer at any time and for any reason without any showing of cause to the volunteer.

 

Sec. 2-71. Enforcement of ordinance.

 

(a)                Failure, refusal, or neglect by an elected official to comply with these provisions constitutes an ordinance violation.

 

(b)               Responsibility for enforcement. Any violation of this ordinance by an elected official shall be reported to the internal auditor. The internal auditor will then forward the complaint to the Ethics Commission for its investigation and determination. The Ethics Commission shall meet to consider the complaint within thirty (30) days after receiving the complaint from the internal auditor.

 

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Approved as to form and legality:

 

 

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Lana Torczon

Assistant City Attorney