(a) No officer or employee shall make or participate in making a decision in his or her capacity as an officer or employee knowing that the decision will provide such officer or employee, a member of the officer's or employee's immediate family, or a business with which the officer or employee is associated, a financial benefit of more than a de minimus nature which is distinguishable from the benefits to the person as a member of the public or as a member of a broad segment of the public. An officer or employee who makes or participates in making a decision under this subsection, which places or may place him or her in a potential conflict of interest, shall deliver a written statement to the governmental body of which such officer or employee is a member or employee, and to the City Clerk, disclosing the potential conflict of interest and explaining why, despite the potential conflict, he or she was able to make or participate in making the decision fairly, objectively and in the public interest. If a member shall abstain from voting, he or she must enumerate reasons therein, with said reasons enumerated in full in the minutes of the City Council.
(b) Except as otherwise prohibited by law, a member of the City Council may make or participate in making a decision which may place him or her in a potential conflict of interest if the member first delivers a statement to the President of Council disclosing the potential conflict of interest and explaining why, despite the potential conflict, such member of Council is able to vote and otherwise participate fairly, objectively and in the public interest. The statement shall be entered in full in the minutes of the City Council.
(c) Council shall establish procedures to enable an officer or employee to avoid or be exempt from making, or participating in the making of, a governmental decision which the officer or employee knows will provide the officer or employee, a member of the officer's or employee's immediate family, or a business with which the officer or employee is associated, with a financial benefit of more than a de minimus nature which is distinguishable from the benefits to the person as a member of the public or as a member of a broad segment of the public.
(d) This section shall not apply to contracts for labor or representation of employees which are negotiated, being negotiated or being performed by a labor organization.
(e) No employee, officer or agent shall participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees and agents of the City must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts as defined as being more than $50.00 in value or being inconsistent with other provisions of this Chapter. Alleged violations of this Section by Officers, employees, or agents of the City shall be reported to the Chief of Police consistent with Section 208.03 of this Chapter and may face discipline, sanctions, and or penalties as contained in Section 208.99 of this Chapter. (Res. 2016-356A. Passed 12-19-16, Eff. 12-28-16)
(Res. 93-764. Passed 11-1-93.)