(A) Every officer or advisory board member must file a conflicts disclosure statement as required by Tex. Loc. Gov’t Code Chapter 176.
(B) If any officer or advisory board member has a substantial interest in any person, group or business entity, or real property involved in any decision pending before such officer or advisory board member, or the body of which he or she is a member, such officer or advisory board member shall disclose such interest as provided in division (D) below and shall not, except as provided in division (D) below, discuss the substance of the matter at any time with any other member of the board of which he or she is a member or any other body which will vote on the matter or otherwise participate in the consideration of the matter.
(C) If any of the following interests are involved in any decision pending before any city or advisory board member, or the body of which he is a member, such officer or advisory board member must disclose such interest as provided in division (D) below, but he shall be permitted to vote on and participate in the consideration of such matter:
(1) A decision concerning a bank or other financial institution from which the officer or advisory board member has a home mortgage, automobile loan, or other installment loan, if the loan is not currently in default, was originally for a term of more than two years and cannot be accelerated except for failure to make payments according to the terms thereof;
(2) A decision concerning a bank or other financial institution in which the officer or advisory board member holds a savings account, checking account or certificate of deposit and which is fully insured by the U.S. government or an agency thereof;
(3) A decision concerning a business entity with which the officer or advisory board member has a retail or credit card account;
(4) A decision concerning the approval of substitution of collateral by a city depository bank;
(5) A decision concerning real property in which the officer-or advisory board member has a substantial interest if it is not reasonably foreseeable that such decision would have a special economic effect on the value of the property, distinguishable from the effect on the public (See Tex. Loc. Gov’t Code, § 171.004).
(D) A city officer or advisory board member shall disclose the existence of any substantial interest in any person, business entity or real property involved in any decision pending before such officer or advisory board member, or the body of which he is a member. To comply with this section, a city officer or advisory board member shall, prior to any discussion or determination of the matter, either file an affidavit of disclosure as required by Tex. Loc. Gov’t Code § 171.004 or, if not so required, shall publicly disclose in the official records of the city to the city secretary the nature of the interest. In disclosing a substantial interest in a business entity, a city officer or advisory board member shall not be required to disclose the dollar amount of any income that he or she receives from the business entity.
(E) Where the interest of a city officer or advisory board member in the subject matter of a vote or decision is remote or incidental, the city officer or advisory board member may participate in the vote or decision and need not disclose the interest.
(1) “Remote interest” means an interest of a person or entity, including a city officer or advisory board member, who would be affected in the same way as the general public. The interest of a council member in the property tax rate, general city fees, city utility charges or a comprehensive zoning ordinance or similar decisions is incidental to the extent that the council member would be affected in common with the general public.
(2) “Incidental interest” means an interest in a person, entity or property which is not a substantial interest and which has insignificant value, or which would be affected only in a de minimis fashion by a decision. This section does not establish dollar limits on the terms “insignificant value” and “de minimis” which shall have their usual meanings and be subject to interpretation on a case by case basis.
(Ord. 1466, passed 12-8-03; Am. Ord. OR-2182-20, passed 9-14-20)