(A) No board or commission member shall participate in board action or vote on any contract involving the sale or lease of land, materials, supplies, equipment, or services in which the board or commission member, or any family member of the board or commission member, or individual with whom the board or commission member is associated, or a business with which a board or commission member is associated, has an economic interest.
(B) In the event an action or vote on a transaction regulations under subsection (A) comes before a board or commission, the covered member shall:
(1) Prepare a written statement describing the matter requiring an action or decision and the nature of his or her potential conflict of interest with respect to the action or decision; and
(2) Furnish a copy of the written statement to the presiding officer of the board or commission who shall cause the statement to be printed in the minutes and shall require the member be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists. The presiding officer of the board or commission shall have a copy of the member’s written statement along with a copy of the minutes of the board or commission meeting forwarded to the Greenville County Clerk to Council’s Office.
(C) A violation of this section by any board or commission member can result in a contract, sale, or lease entered into by the Board or Commission being voided and may result in removal of the member by Greenville County Council. Upon notice of a violation, the board or commission shall, by majority vote, make a determination:
(1) Whether an act or failure to act was made in violation of this section; and
(2) Whether a violation of this section warrants voiding the contract, sale or lease entered into by the board or commission. In making this determination, the Board or Commission may consider, among other factors, whether the benefit received was direct or indirect, incidental, remote or insignificant so as to not reasonably be regarded as capable of influencing the member and body. The board or commission shall transmit its determination on the matter to County Council within thirty days. County Council may, within its discretion, uphold or overturn a determination made by a Board or Commission pursuant to this subsection. In the absence of action by a board or commission, County Council reserves the ability to undertake its own determinations under this subsection.
(D) No board or commission member or family member of a board or commission member shall currently elect to receive direct services from any entity governed by the board or commission they represent. For purposes of this section, the phrase
ELECT TO RECEIVE SERVICES shall not include compliance with a governmental regulation or mandate.
(Ord. 3655, passed 1-13-2003; Ord. 4556, passed 5-7-2013)