(A) No officer or employee of the city and/or the CRA shall have or hold any contractual relationship with, engage in private employment with, or render services for compensation for:
(1) Any private person who has any business transactions or contractual relationships with the city and/or the CRA. However, this provision shall not apply if the City Manager or the Executive Director of the applicable CRA district determines that the application hereof would prevent such officer or employee, other than a member of the City Commission, the City Manager, or the City Attorney, from accepting other employment or following any pursuit which does not interfere with the full and faithful discharge by such officer or employee of his or her duties to the city and/or the CRA.
(2) Any private person who requires, or with respect to whom it is reasonably foreseeable, will require, in the ordinary conduct of his/her business, enterprise or profession, or any business, enterprise or profession in which he/she has a financial interest, any kind of review, approval, permits, permission, local business tax receipts, or licenses from the city or any of its departments or agency thereof or from the CRA. However, this provision shall not apply if such officer or employee does not have any position of employment, appointment, or authority with the city and/or the CRA to affect in any material way or to participate in, or in any way materially influence or attempt to influence:
(a) The decision by the city, or pertinent city department or agency thereof, or the CRA, to approve such permits, local business tax receipts, licenses, review or permission;
(b) Any other action or decision by the city or its departments or agency thereof, or by the CRA, relating in any material way to such permits, local business tax receipts, licenses, review, or permission, except merely ministerial action.
(B) No officer or employee of the city and/or the CRA shall participate in, influence, or attempt to influence, or affect in any material way any action of or decision by the city, the CRA, or pertinent departments or agency thereof, relating, directly or indirectly, to any matter which would have a material economic effect on any person, business, enterprise or profession in which such officer or employee or any member of his immediate family has a financial interest.
(C) Divisions (A) and (B) shall not apply to any officer or employee of the city and/or the CRA with respect solely to any matter which could not legally, in the written opinion of the City Attorney, be acted upon or decided by the city, the CRA, or pertinent departments or agency thereof, without his or her participation; provided that such officer or employee specifically disclose, in writing to the City Attorney, as a matter of official public record, the existence of the interest or relationship prohibited by divisions (A) and (B) and describe with particularity the nature of such interest or relationship before he or she acts or decides or participates in any action or decision; and provided further that he or she in no way attempts to influence any other public official with respect to the matter.
(D) Divisions (B) shall not apply if the action or decision affects an economic interest of such officer or employee as a member of the public, or a significant segment of the public, or as a member of an industry, profession, or occupation, to no greater extent than any other such member of the public, segment of the public, or an industry, profession or occupation, as opposed to such officer's or employee's particular private economic interest.
(E) None of the provisions of this section shall operate or be construed to prohibit:
(1) Members of the City Commission or members of the CRA Board from having a financial interest in, representing, or having business transactions with any private person requiring action or decision from the city and/or the CRA as specified in division (A)(2) above; provided that such action or decision is not to be taken or made by the City Commission or the CRA Board and further provided that such members do not affect, influence, attempt to influence or participate in such action or decision by the city or the CRA.
(2) Any officer or employee directly involved in a matter as an applicant or otherwise in his or her private capacity, from providing whatever information is necessary and performing any other steps which are required of other citizens in the same situation, individually or by representative, providing he or she does not otherwise affect, influence, attempt to influence or participate in the action or decision of the city and/or the CRA concerning such matter.
(F) Any officer or employee of the city and/or the CRA who is unsure of the application or nature of the prohibitions contained in this section, may secure a written opinion from the City Attorney. When said opinion is complied with in the good faith belief that it is consistent with the provisions of this section, such person shall thereafter be entitled to rely on said opinion in discharging his or her official duties and shall be exempt from the penalties and sanctions of this section.
(G) No official, officer or employee shall, for a period of two years after his or her city and/or CRA service or employment has ceased, act as agent or attorney for anyone other than the city or CRA, in connection with any judicial or other proceeding, application, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular matter, in which the city, one of its agencies, or the CRA, is a party or has a direct and substantial interest, and in which the particular matter he or she participated personally as an official, officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise, while so employed in city and/or CRA service. Nothing in this section shall prohibit anyone from acting in a representative capacity if he or she would not have been prohibited from so acting during his or her city or CRA service, pursuant to divisions (A) through (E) of this section.
('72 Code, § 2-7) (Ord. O-67-4, passed - - ; Am. Ord. O-74-103, passed 10-2-74; Am. Ord. O-79-45, passed 9-5-79; Am. Ord. O-2006-09, passed 4-5-06; Am. Ord. O-2007-07, passed 4-18-07; Am. Ord. O-2007-26, passed 9-19-07) Penalty, see § 34.99