(a) The holding of a city elected office is a public trust, created by the confidence which the residents of the city repose in the integrity of city elected officials. City elected officials shall carry out his or her duties for the benefit of the people of the City.

(b) An elected official whose conduct departs from his or her or fiduciary duty is liable to the people of the City as a trustee of property and shall suffer such other liabilities as a private fiduciary would suffer for abuse of his or her trust. The city council may appoint special counsel to bring appropriate judicial proceedings on behalf of the people of the City. Any moneys collected in such actions shall be paid to the general fund of the City. Judicial proceedings pursuant to this section shall be in addition to any criminal action which may be brought against such elected officials.

(c) Except as may otherwise be authorized by law, no elected officials shall disclose confidential information acquired in the course of his or her official duties to any person not entitled or authorized to receive the information, nor shall he or she use such information for his or her financial or personal gain or benefit, or the gain or benefit of another. For purposes of this paragraph, information obtained at an executive session shall be deemed confidential, provided that the executive session was properly called, the information involved was within the scope of the purpose for the executive session, and the city council has not heretofore authorized the public release of such information by majority vote.

(d) An elected official may, prior to acting in a manner which may impinge on his or her fiduciary duty and the public trust, disclose the nature of his or her personal or financial interest. An elected official shall make the disclosure in writing to the city clerk, listing the amount of his or her financial interest, if any, the purpose and duration of his or her services rendered, if any, and the compensation received for the services or such other information as is necessary to describe his or her personal or financial interest. If the elected official then performs the official act involved, he or she shall state for the record the fact and summary nature of the interest disclosed at the time of performing the act. Such disclosure shall constitute an affirmative defense to any civil or criminal action or any other sanction. (Ord. No. 2019-51, § 1, 8-19-2019)