(A) Except as provided in § 40.06, no officer or employee shall intentionally take or refrain from taking any discretionary action in his official capacity; agree to take or refrain from taking any discretionary action in his official capacity, induce or attempt to induce any other officer or employee to take or refrain from taking any discretionary action in his official capacity or vote on any matter before the city which he knows or has reason to know may result in a financial benefit, an unwarranted privilege, advantage, pecuniary or material benefit (other than approved compensation for the performance of his official duties) for:
(1) Himself;
(2) A family member;
(3) Any partnership or unincorporated association of which the officer or employee or his spouse is a member or employee, or in which he or his spouse has a proprietary interest;
(4) Any corporation of which the officer or employee or his spouse is an officer, director or employee or which he or his spouse, legally or as a beneficiary, owns or controls an interest of ten thousand dollars ($10,000.00) or more, or an interest of more than five percent (5%) of the outstanding stocks; or
(5) A customer or client of the officer or employee or his spouse.
(B) No officer or employee shall be deemed in violation of these provisions, if, by reason of the officer's or employee's participation, vote, decision, action or inaction, no monetary or material gain accrues to the officer or employee, a family member, or any business associate, as the member of any business, occupation, profession, or other group, to any greater extent that any gain could reasonably be expected to accrue to any other member of the business, occupation, profession, or other group. Further, nothing contained in this section shall prohibit an elected official from voting on matters affecting his compensation, expenses, benefits, and allowances, as provided by law.
(C) Every officer or employee who has a prohibited financial interest which he believes or has reason to believe may be affected by an official action taken within the scope of his employment, including any potential vote or decision, shall disclose the precise nature and value of the interest to the Commission of the city and the disclosure shall be entered into the official minutes of the proceeding of the commission, board or other governing body. The officer or employee shall refrain from taking any prohibited official action with respect to the matter that is the subject of the disclosure.
(Ord. 0-94-023, passed 11-28-94)