§ 2-43. Conflicts of interest.

(a)

General rule. To avoid the appearance and risk of impropriety, a City official or employee shall not take any official action that he or she knows is likely to affect the economic interests of:

(1)

The official or employee;

(2)

His or her parent, child, spouse, or other family member within the second degree of consanguinity or affinity;

(3)

His or her outside client;

(4)

A member of his or her household;

(5)

The outside employer of the official or employee or of his or her parent, child (unless the child is a minor), spouse, or member of the household (unless member of household is a minor);

(6)

An entity in which the official or employee knows that any of the persons listed in subsections (a)(1) or (a)(2) holds an economic interest as that term is defined in section 2-42;

(7)

An entity which the official or employee knows is an affiliated or partner of an entity in which any of the persons listed in subsections (a)(1) or (a)(2) holds an economic interest as defined in section 2-42;

(8)

a.

An entity for which the City official or employee serves as an officer or director or in any other policy making position; or

b.

A non-profit board to which the official or employee is appointed by the City Council or City management to represent the best interests of the City, if the action by the City official or employee as a member of the board is related to an item pertaining to the City, and the City official or employee would be involved in the negotiation, development or implementation of that item on behalf of the City; or

(9)

A person or entity with whom, within the past twelve (12) months:

a.

The official or employee, or his or her spouse, directly or indirectly has:

1.

Solicited an offer of employment for which the application is still pending;

2.

Received an offer of employment which has not been rejected; or

3.

Accepted an offer of employment; or

b.

The official or employee, or his or her spouse, directly or indirectly engaged in negotiations pertaining to business opportunities, where such negotiations are pending or not terminated.

(b)

Recusal and disclosure. A City official or employee whose conduct would otherwise violate subsection (a) must recuse himself or herself. From the time that the conflict is, or should have been recognized, he or she shall:

(1)

Immediately refrain from further participation in the matter, including discussions with any persons likely to consider the matter; and

(2)

Promptly file with the City Clerk the appropriate form for disclosing the nature and extent of the prohibited conduct.

In addition:

(3)

A supervised employee shall promptly bring the conflict to the attention of his or her supervisor who will then, if necessary, reassign responsibility for handling the matter to another person; and

(4)

A member of a board shall promptly disclose the conflict to other members of the board and shall not be present during the board's discussion of, or voting on, the matter.

(c)

Definitions. For purposes of this rule:

(1)

An action is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof; and

(2)

The term client includes any business, financial or professional relationship to which a duty of care, confidence, trust or privilege applies.

(Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13; Ord. No. 2018-06-21-0491 , § 1(Att. A), 6-21-18)