Sec. 1-44. Conflict of interest.
(a) The purpose of this section is to avoid influence on the official actions of city elected officials by their private or family interests.
(b) Except when advised by the city attorney that the rule of necessity applies, an elected official shall not take official action on a matter before the City if he or she, a member of the immediate family, a business associate, or an employer has any substantial employment, contractual, or financial interest in that matter. A substantial interest shall be deemed to exist if:
(1) He or she, or a member of the immediate family, a business associate or an employer other than the City is the other party in the matter;
(2) He or she, a spouse, a domestic partner or minor children solely or aggregated together, a business associate or an employer owns one percent or more, or a member of the immediate family other than a spouse, domestic partner or minor children own or owns five percent or more, of another party in the matter;
(3) He or she, a member of the immediate family, a business associate or an employer is a board member or an officer of another party in the matter;
(4) He or she, a member of the immediate family, a business associate or an employer is directly involved in obtaining the City's business for another party in the matter;
(5) He or she, a member of the immediate family, a business associate or an employer is directly involved in negotiating the contract or preparing the bid, proposal, response to a request for qualifications, or similar document for another party in the matter, other than in a purely clerical capacity;
(6) A member of the immediate family performs more than a nominal portion of the work in the matter, or supervises or manages more than a nominal portion of the work; or
(7) He or she or a member of the immediate family participated personally in providing legal representation, lobbying or other professional services for another party in the matter, or owns five percent or more of a law firm, lobbying firm or other professional services firm representing another party in the matter.
(c) For purposes of this section, business associate means a person or entity with whom an elected official or a member of the immediate family is a partner or a co-owner of a business in which the business associate and the elected official or a member of his or her immediate family each own at least five percent of the business.
(d) An elected official may represent himself or herself before a city board or commission in accord with such board's procedures, provided that the elected official does not also participate in the board's decision in his or her official capacity.
(e) An elected official may acquire an interest in bonds or other evidences of indebtedness issued by the City or any agency or instrumentality of the City so long as they are acquired on the same terms available to the general public.
(f) It shall not be a violation of this code of ethics for an elected official to take direct official action on the following matters even if the elected official or a relative employed by the city would benefit:
(1) The city's annual budget or an amendment to the annual budget; or
(2) Establishing the pay or fringe benefit plans of city elected officials.
(g) Elected officials who are prohibited from taking direct official action due to a substantial conflict of interest shall disclose such interest to his or her colleagues, shall not act or vote thereon, shall refrain from attempting to influence the decisions of others in acting or voting on the matter and shall work with his or her supervisor or appointing authority to ensure that the matter is assigned to someone without conflicting interests.
(h) No elected official may have any other employment or position which is incompatible with his or her duties or that adversely affect the interests of the City. (Ord. No. 2019-51, § 1, 8-19-2019)