(A) Definition of conflicts of interest and financial interest.
(1) A public official shall avoid any situation that might give rise to a conflict of interest. The term "conflict of interest", as used in this Chapter 33, is present when, in the discharge of official duties, a public official participates in a governmental decision, action or transaction in which:
(a) He or she has a financial interest,
(b) A business, organization, corporation, or association which he or she serves as an officer, director or board member has a financial interest or other interest which may conflict with the responsibilities owed to the public as a public official,
(c) His or her employer has a financial interest, or
(d) His or her spouse, domestic partner, or dependent has a financial interest.
(2) The term "financial interest", as used in this Chapter 33, is any interest, including loans, which may yield, directly or indirectly, a monetary or other material benefit
(B) Participating with a conflict of interest.
(1) No participation. A public official must not participate in making or attempt to use his or her position to influence any City governmental decision, action, or transaction in which the public official knows or has reason to know that he or she has a conflict of interest. To participate or participation as used in this paragraph (B) means making a decision, taking action, entering into a transaction, providing advice or a recommendation, introducing, sponsoring, debating, voting on, approving, and investigating the decision, action, or transaction. Participation includes the direct and active supervision of the participation of a subordinate in the matter. Participation is more than official responsibility, knowledge, perfunctory involvement, or involvement on an administrative or peripheral basis.
(2) A public official may participate in a city governmental decision, action, or transaction involving an organization or entity if the public official or his or her spouse, domestic partner, or dependent is an officer, director, board member, or trustee of the organization and the organization does not have a financial interest or other interest which may conflict with the responsibilities owed the public as a public official. However, the public official must disclose his or her affiliation with the organization or entity as though it were a conflict of interest.
(3) A public official may participate in a city governmental decision involving a related person, other than his or her spouse, domestic partner or dependent, if the related person does not have a financial interest in the governmental decision, action, or transaction. However, the public official must disclose his or her relationship with the related person as though it were a conflict of interest.
(C) Disclosure of conflicts of interest. If a public official, in the discharge of his or her official duties, recognizes that his or her participation may create a conflict of interest, the public official shall disclose the conflict of interest as follows:
(1) The Mayor and members of the City Council shall disclose conflicts of interest to each other as soon as they become aware of the conflict, orally at or during a meeting of the City Council, or one of its committees.
(2) A department head shall disclose a conflict of interest to the Mayor, the City Council, and the City Administrator, either orally or by a written statement describing the matter requiring action or decision and the nature of his or her conflict of interest.
(3) Employees of the city shall disclose a conflict of interest to their supervisor and to the City Administrator and shall also be disclosed to the Mayor and City Council.
(4) Public officials who are not covered by divisions (1), (2) and (3) above shall disclose conflicts of interest as soon as they become aware of the conflict, orally to the committee chair at or during a meeting of the committee or commission.
(2002 Code, § 2.902) (Ord. 61, Sixth Series, effective 8-20-2008; Ord. 14, Eighth Series, effective - -2021)