A. Conflict Of Interest Defined: For purposes of this section, an actual "conflict of interest" is defined as a set of circumstances wherein a City official would be required to take an action or make a decision that would affect his or her personal financial or pecuniary interests, or those of a member of his or her household, or a business with which he or she is associated. An apparent conflict of interest is one that does not affect a City official's personal financial or pecuniary interests, but nevertheless calls into question his or her objectivity and independence. Any City official who has either an actual conflict of interest or an apparent conflict of interest, shall:
1. If a City official, other than an appointed or elected member of a commission, board or council, verbally discloses such interest to the Mayor (or if such City official is the Mayor, then to the City Council), who may require the assignment of the matter creating the conflict to another City official of the same department of the City who does not have a conflict of interest, or determine such conflict de minimus, as defined in subsection B of this section. (1952 Code § 1-21-04)
2. If an appointed or elected member of a commission, board or council, discloses such interest on the records of said commission, board or council and shall disqualify him or herself from participating in any decision or vote relating thereto, unless following such disclosure a majority of the remaining members of such commission, board or council determined by official action at a public meeting of such commission, board or council that such conflict of interest is de minimus, as defined in subsection B of this section.
B. De Minimis Conflict Defined: A pecuniary benefit is de minimis if it does not exceed the value of fifty dollars ($50.00) incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality, as defined in Idaho Code section 18-1359. An officer's interest in a contract is deemed de minimis if it is a remote interest. "Remote interest" means that of a nonsalaried officer of a nonprofit organization; that of an employee of a contracting party where the compensation consists entirely of fixed wages; that of a landlord or tenant of a contracting party; or that of a holder of less than one percent (1%) of the shares of a corporation or cooperative which is a contracting party, all as defined in Idaho Code section 74-502. There is no conflict of interest if the City official's personal interest is so remote that it would be unreasonable to question his or her ability to impartially serve the City's best interests. (Ord. 31-15, 7-28-2015)