(A) Conflicts of interest generally. Whenever the performance of his or her official duties will require an official or employee to deliberate or vote on any matter from which he or she may derive personal or financial gain, the official or employee shall make full public disclosure of the nature and extent of the interest to the village body which has the power to decide the matter.
(B) Conflicts of interest in non-contractual business transactions with the village. No village official or employee, on his or her own behalf or on behalf of another person, shall have any interest in any non-contractual business transaction with the village unless that official or employee shall first make full public disclosure of the nature of the interest. However, no official or employee shall be prohibited from participating in any non-contractual business transaction with the village involving a non-contractual business with which the individual is associated when the official or employee is not involved, directly or indirectly, or refrains from participation in the decision on the award of the transaction or the Village Council, after reviewing the circumstances, determines that the award of the non-contractual business transaction to the official or employee is in the best interest of the village.
(C) Conflicts of interest in contractual business transactions with the village. Public Act 317 of 1968, as amended, § 3, being M.C.L.A. §§ 15.321 through 15.330.
(1) Division (B) above does not apply to either of the following:
(a) A public servant who is paid for working an average of 25 hours per week or less for a public entity; and
(b) A public servant who is an employee of a public community college, junior college, state college or university.
(2) A contract as defined in and limited by division (B) above involving a public entity and a public servant described in division (C)(1) above, shall meet all of the following requirements:
(a) The public servant promptly discloses any pecuniary interest in the contract to the official body that has power to approve the contract, which disclosure shall be made a matter of record in its official proceedings. Unless the public servant making the disclosure will directly benefit from the contract in an amount less than $250 and less than 5% of the public cost of the contract, and the public servant files a sworn affidavit to that effect with the official body or the contract is for emergency repairs or services, the disclosure shall be made in either of the following manners:
1. The public servant promptly discloses in writing to the presiding officer, or if the presiding officer is the public servant who is a party to the contract, to the Clerk, the pecuniary interest in the contract at least seven days prior to the meeting at which a vote will be taken. The disclosure shall be made public in the same manner as a public meeting notice; and
2. The public servant discloses the pecuniary interest at a public meeting of the official body. The vote shall be taken at a meeting of the official body held at least seven days after the meeting at which the disclosure is made. If the amount of the direct benefit to the public servant is more than $5,000, disclosure must be made as provided under this section.
(b) The contract is approved by a vote of not less than 2/3 of the full membership of the approving body in open session without the vote of the public servant making the disclosure.
(c) The official body discloses the following summary information in its official minutes:
1. The name of each party involved in the contract;
2. The terms of the contract, including duration, financial consideration between parties, facilities or services of the public entity included in the contract and the nature and degree of assignment of employees of the public entity for fulfillment of the contract; and
3. The nature of any pecuniary interest.
(3) This section and division (C)(2) above do not prevent a public servant from making or participating in making a governmental decision to the extent that law requires the public servant's participation. If 2/3 of the members are not eligible under this act to vote on a contract or to constitute a quorum, a member may be counted for purposes of a quorum and may vote on the contract if the member will directly benefit from the contract in an amount less than $250 and less than 5% of the public cost of the contract and the member files a sworn affidavit to that effect with the official proceedings. As used in this section, GOVERNMENTAL DECISION means a determination, action, vote or disposition upon a motion, proposal, recommendation, resolution, ordinance, order or measure on which a vote by members of a local legislative or governing body of a public entity is required and by which a public body effectuates or formulates public policy.
(D) Dual employment. No village official or employee shall engage in employment with, or render services for, any person or entity engaged in any business transaction with the village unless the official or employee shall first make full public disclosure of the nature and extent of the interest.
(E) Dual representation. Each village official or employee shall make full public disclosure of any special privileges or exemptions he or she will receive because of his or her position with the village.
(1992 Code, § 4.004) (Ord. 99-2, passed 3-22-1999) Penalty, see § 34.99