2.15.150 Conflict of interest.
(a) Councilmembers shall place the public interest above any financial or private interest when taking official action. If their private relationships or interests prevent them from placing the public interest above a financial or private interest, or will diminish the public trust, they shall disclose this fact on the record and shall be excused from participation.
(b) A Councilmember shall not participate in an official action in which they or a member of their immediate family have a substantial financial or private interest, including but not limited to actions involving organizations in which the Councilmember is a board member or otherwise substantially involved. Prior to participation in official action, the Councilmember shall disclose financial or private interests for determination of whether such interests are substantial. It is up to the remaining voting officials to distinguish between minor and inconsequential conflicts that are unavoidable in a free society, and those conflicts of interest that are substantial and material.
(c) Whether the financial or private interest disclosed is substantial shall be determined on a case-by-case basis, with evaluation and balancing of these factors:
(1) Whether the financial or private interest is a substantial part of the matter under consideration.
(2) Whether the financial or private interest directly and substantially varies with the outcome of the official action.
(3) Whether the financial or private interest is immediate and known or conjectural and dependent on factors beyond the official action.
(4) Whether the financial or private interest is significant monetarily.
(5) Whether the financial or private interest is of a type which is generally possessed by the public or a large class of persons to which the disclosing individual belongs.
(6) Other factors deemed appropriate by the remaining voting officials under the specifics of the disclosure and the nature of the action.
(d) Councilmembers and Other Elected Officials.
(1) Prior to comment, deliberation, or decision on a matter coming before the body, the member or official shall disclose the nature of the interest in sufficient detail to permit the other members of the body to determine if the interest is substantial.
(2) The member of the body making the disclosure shall not rule or vote on whether the financial or private interest is substantial.
(3) A member or official shall not be sanctioned for acting in compliance with the determination of the body if the financial or private interest is fully and fairly disclosed.
(4) Councilmembers may vote on the question of their compensation.
(e) The Council may apply the rule of necessity when the assembly is legally required to act and it lacks enough members to take valid official action solely due to assembly members being disqualified by shared or substantially similar conflict of interest from participating in the matter.
(f) A Councilmember’s candidacy in a municipal election does not preclude the Councilmember’s participation in certification of the municipal election.
(g) Failure to Disclose Conflict of Interest.
(1) Any Councilmember who participates in an official action without disclosure of a conflict of interest shall be subject to discipline as the Council provides.
(2) The vote of any Councilmember who participates in an official action without disclosure of financial interest is void with regard to that particular matter.
(3) If a Councilmember participates in an official action, but fails to disclose a substantial interest, the action of the entire Council on the matter in which the Councilmember is interested may be void.
(4) If an action is voided pursuant to subsection (g)(3) of this section, the matter may be raised again and acted upon without the offending Councilmember’s participation.
(h) City Employment of a City Councilmember.
(1) A City Councilmember shall be eligible for appointment to City office or for employment with the City for which a salary is paid both during the term for which he was elected and thereafter subject to the other provisions of this chapter. Separate timesheets shall be completed to document Council time.
(2) A Councilmember to which this subsection applies shall only be compensated for his/her duties as a Councilmember by a salary fixed by ordinance, plus such per diem payments or reimbursements for expenses incurred in performing those duties as are determined to be warranted by the Council. [Ord. 19-03 § 2 (Att.), 2019. Code 1979 § 3.6. Formerly 2.15.060.]