(1)4.1 Good Faith

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(a) Definition: For the purposes of this code, “good faith” refers to the honest, sincere, and reasonable exercise of authority by a lawful actor in the performance of their duties. Good faith requires that all actions be undertaken with integrity, without intent to defraud, mislead, or abuse the powers granted under this code.

(b) Threshold for Breach: A breach of good faith occurs when a lawful actor intentionally, recklessly, or grossly negligently:

  • Misapplies or ignores the provisions of this code;
  • Engages in conduct motivated by personal gain, bias, retaliation, or discrimination; or
  • Takes action that is arbitrary, excessive, or unjustifiable under the law, ethical standards, or accepted professional practices.

(c) Legal Consequences: Breach of good faith may warrant administrative, civil, or disciplinary action, including but not limited to fines, removal from office, or other penalties as provided under this chapter.

(d) Binding Obligation: All lawful actors are required to act in good faith at all times when executing duties, making decisions, or exercising discretion under this code. This obligation is fundamental to the proper administration of justice, accountability, and public trust.