A. 1. No person covered by this Code shall knowingly engage in any conflict of interest, or knowingly engage in any business or transaction, or shall have a direct or indirect financial or other personal interest which is incompatible with the proper discharge of the person's official duties or would tend to impair the person's independent judgment or action in the performance of his official duties.
2. In determining whether or not a conflict of interest exists, factors to be considered include the nature of the matter before the City, the effect or potential effect of the actions taken by the public officials, and the need for action on the matter in question.
3. While a conflict of interest could conceivably exist in many instances, a conflict only falls within the scope of this policy when it arises to the level of a disqualifying conflict of interest. A disqualifying conflict of interest is a conflict which rises to such a level that a reasonable person viewing the matter in an objective fashion would conclude that the apparent or real conflict would not allow the involved official to make an unbiased decision in the matter.
4. In the case of a proposal of general application throughout the City, the issue as to whether or not a conflict of interest exists is not as closely scrutinized as when a conflict of interest exists regarding an application for action regarding a defined specific parcel of property, or in a case where the action affects a particular individual or a narrowly defined class of individuals rather than the public in general. In the case of a specific application, a disqualifying conflict of interest exists when there is a reasonable perception (whether it actually exists or not) of a conflict of interest. In the case of an ordinance or decision of general application, the standard shall be an actual conflict of interest, since it is in the nature of the system of City government that various conflicting views and interests be represented in any vote on an ordinance or policy of general application.
5. Conflict of interest shall include both personal and financial conflicts. A "personal interest" is an interest arising from blood or marriage relationships, or from close business or political association. A "financial interest" means any monetary interest in a contract before the City, or a direct financial interest in the matter through the ownership of stocks, bonds, notes, or other securities.
B. 1. If a public official determines that he has a disqualifying conflict of interest, he shall bring it to the attention of the Council, board or commission at the time that consideration of the matter is before that body. The public official shall then recuse himself from any further discussion or action regarding that matter. If he so chooses, he may leave the table and be seated in the audience, where he has the same rights as any other citizen.
2. In the event that the Chair, or any other member of the Council, board or commission, reasonably believes that another member has a disqualifying conflict of interest, he may raise the matter with the member who has a perceived conflict of interest. In the event that the member does not believe that a conflict exists, and will not voluntarily recuse himself, the matter may be called to a vote of the affected body. Notwithstanding that vote, it will still be up to the affected member to voluntarily recuse himself or not recuse himself.
3. With the understanding that a failure to recuse may have legal implications in a matter where the vote directly affects the rights of an individual in a matter before the City Council, in such a case, the Council may request that the City Attorney render an opinion as to whether or not the conflict of interest alleged exists, and whether or not it is a disqualifying conflict of interest.
C. A conflict of interest shall include, but shall not necessarily be limited to, the following:
1. Holding a private or other public position in addition to the person's primary public position which interferes with the proper discharge of public duty.
2. Use of confidential information, obtained as a result of public position, for personal gain.
3. Soliciting of personal gifts and favors.
4. Use of official position for personal gain.
5. Holding investments which will interfere with the proper discharge of public duty.
6. Representation for profit of private interests before City governmental agencies.
7. Participation as a public representative in a business transaction in which the person has a direct or indirect financial or other personal interest, without full disclosure.
8. Personal interest in any matter which prevents the person from properly fulfilling his public duty.
D. Notwithstanding any provision of this chapter to the contrary, no person subject to this chapter shall directly or indirectly solicit any gift or accept or receive any gift of substance, whether in the form of money, services, loan, travel, entertainment, hospitality, promise, or any other form, under circumstance in which it could reasonably be expected to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part. (Prior Code § 2-1-4)