No member of Council, nor the City Manager, nor any other officer or employee of the Municipality, shall be directly or indirectly interested in any contract, job, work or service with or for the Municipality; nor in the profits or emoluments thereof; nor in the expenditure of any money on the part of the Municipality: and contract with the Municipality in which any declared Council. or officer or employee is or becomes interested may be void by Council. Nor shall the Mayor or members of Council, or directors of departments, during their terms of office, nor any other employee of the Municipality, during his employment by the Municipality, practice law or give legal advice or be associated with another in the practice of law in any manner, matter or controversy in which the Municipality is or may become a party, except on behalf of the Municipality as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any such officer or employee found guilty thereof under the terms of the Charter or under the provisions of the general law shall forthwith forfeit his office, and the office shall be filled in accordance with the provisions of the Charter as to vacancies.
All complaints of conflict of interest shall be made in writing in affidavit form and delivered to either the City Manager or the Clerk of Council. If a person so accused is an employee of the City, the City Manager shall cause a copy of the complaint to be served upon the accused and a copy to the Civil Service Commission. The City Manager shall investigate the truth of the charges and take such disciplinary action as the case may require. If the accused is an elected or appointed official of the City, the City Manager or Clerk of Council shall cause facsimile copies of the complaint to be distributed to members of Council and to the Law Director, with a copy to the accused. Council shall, within thirty (30) days, conduct a preliminary hearing, in private, to determine whether there exists a probable cause to believe that the charges against the accused are true. If Council, by a three-fourths (3/4) margin, shall decide that there exists probable cause to believe the charges are true and are supported by reasonable and credible evidence, after giving the accused a full opportunity to be heard in reply, shall take such action as the law permits, depending upon the circumstances of the case, to enforce the Charter and ordinances of the City and the laws of the State of Ohio relating to conflict of interest. Council shall, at the next regular Council meeting following such affirmative vote finding the probability of conflict of interest, make such notation, recommendation, resolution or ordinances as they shall desire at the Council meeting and have the same recorded upon the minutes. If Council shall not find the probability of a conflict of interest by such vote, then the accusation shall not be made public. During the pendency of such proceedings and unless and until the matter be recorded upon the minutes of Council during a regular meeting, no person shall cause to be made public any of the charges, replies or information obtained for or against the accused nor shall they invade the privacy of the accused pending a full and final determination by Council, except as otherwise provided by State law.
The willful and intentional violation of this section is hereby declared to be unlawful and upon conviction, the accused shall be found guilty of a misdemeanor. Nothing herein contained shall prevent the accused from being prosecuted under any other provision of State law.
(Ord. 5641-86. Passed 5-19-86)