(A) No officer or employer of the city shall engage in private employment with, or render services for compensation for the following:
(1) Any private person who has any business transactions with the city. However, this provision shall not apply if the officer or employee does not have any position of employment, appointment, or authority with the city 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 to enter into such transactions or relationships;
(b) The composition, supervision, or enforcement of any of the terms and conditions of the transactions or relationships;
(c) Any other action or decision by the city relating in any material way to such transactions or relationships, except merely clerical action.
(2) Any private person who requires, or it is reasonably foreseeable will require, in the ordinary conduct of his business, enterprise, or profession, or any business, enterprise, or profession in which he has a financial interest, any kind of review, approval, permits permission, or licenses form the city or any department or agency thereof. However, this provision shall not apply if the officer or employee does not have any portion of employment, appointment, or authority with the city 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 department or agency thereof, to approve such permits, licenses, review, or permission;
(b) Any other action or decision by the city, or department or agency thereof, relating in any material way to such permits, licenses, review, or permission, except merely clerical action.
(B) No officer or employee of the city shall participate in, influence, or affect in any material way, any action of or decision b the city or pertinent department 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 with respect solely to any matter which could not legally, in the written opinion of the City Attorney, be acted on or decided by the city or pertinent department or agency thereof, without his participation, as long as the officer or employee specifically discloses in writing to the City Attorney, as a matter or official public record, the existence of the interest or relationship prohibited by divisions (A) or (B) and describes with particularity the nature of such interest or relationship before he acts, decides, or participates in any action or decision. However, he may in no way attempt to influence any other public official with respect to the matter.
(D) Division (B) shall not apply if the action or decision affects an economic interest of the 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 that any other such member of the public, segment of the public, or an industry, profession, or occupation, as opposed to the officer’s or employee’s particular private economic interest.
(E) None of the provisions of this subchapter shall operate or be construed to prohibit:
(1) Members of the City Commission from having a financial interest in, representing, or having business transactions with any private person requiring action or decision from the city as specified in division (A)(2), provided such action or decision is not to be taken or made by the City Commission and further provided that such members do not affect, influence, attempt to influence, or participate in the action or decision by the city;
(2) Any officer or employee directly involved in a matter as an applicant or otherwise in his private capacity form 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 does not otherwise affect, influence, attempt to influence, or participate in the action or decision of the city concerning such matter.
(F) No officer or employee of the city shall appoint or vote for appointment of any person within his immediate family as defined in § 33.20 to any office, position, employment, or duty, when the salary, wages, pay, or compensation is to be paid out of public funds.
(G) Any officer or employee of the city who is unsure of the prohibitions contained in this subchapter may secure a written opinion from the City Attorney. When the opinion is complied with in the good faith belief that it is consistent with the provisions of this subchapter, the person shall thereafter be entitled to rely on the opinion in discharging his official duties and shall be exempt from the penalties and sanctions of this subchapter.
(‘69 Code, § 2-84) (Ord. 402, passed 7-21-75; Am. Ord. 482, passed 12-18-78; Am. Ord. ) Penalty, see § 33.99
Cross-reference:
City officials, see Ch. 31