§ 36.07 PROHIBITION INAPPLICABLE; DISCLOSURE, RECUSAL AND ABSTENTION NOT REQUIRED.

   (A)   This code’s prohibition on use of a municipal position (§ 36.05), disclosure requirements and requirements relating to recusal and abstention (§ 36.06), shall not apply with respect to the following matters:

      (1)   Adoption of the city’s annual budget;

      (2)   Any matter requiring the exercise of discretion that directly affects any of the following groups of people or a lawful class of such groups:

         (a)   All elected officials or employees;

         (b)   All residents or taxpayers of the city or an area of the city; or

         (c)   The general public; or

      (3)   Any matter that does not require the exercise of discretion.

   (B)   Recusal and abstention shall not be required with respect to any matter:

      (1)   That comes before a board when a majority of the board’s total membership would otherwise be prohibited from acting by § 36.06 of this code;

      (2)   That comes before an elected official when the officer would be prohibited from acting by § 36.06 of this code, and the matter cannot be lawfully delegated to another person.

(Ord. 2016-7, passed 5-16-16)