(A) An officer or employee must refrain from acting on or discussing, formally or informally, a matter before the city, if acting on the matter, or failing to act on the matter, may personally or financially benefit any of the persons or entities listed in § 33.15(C) above. Such an officer or employee should join the public if the withdrawal occurs at a public meeting, or leave the room if it is a legally conducted closed meeting (executive session) under KRS 61.810 and KRS 61.815.
(B) Withdrawal at a meeting requires the public announcement, on the record, of the reason for withdrawal.
(C) Ongoing conflict. An officer or employee whose outside employment or other outside activity or relationship can reasonably be expected to require more than sporadic withdrawal must resign or cease such outside employment or activity. An officer or employee should not begin employment or an activity or relationship that can reasonably be expected to require more than sporadic withdrawal. If a prospective officer or employee is in such a situation, he or she should not accept the position with the city.
(D) Request to withdraw. If an officer or appointed board member is requested to withdraw from participation in a matter, for the reason that he or she has a conflict of interest, by:
(1) Another member,
(2) A party to the current matter, or
(3) Anyone else who may be affected by a decision relating to this matter,
the member must decide whether to withdraw on the official record. If the member decides not to withdraw, the unchallenged members must consider any relevant evidence concerning such claimed conflict of interest, as defined in this code, and vote whether or not to allow the request and require that the member withdraw from participating in the matter.
(E) If withdrawal by the member would leave the body with less than a quorum capable of acting, the member must disclose the conflict on the public record, then the remaining members may vote to allow the member with the disclosed conflict a vote. If the person is the only one authorized by law to act, the person must disclose the nature and circumstances of the conflict to the Board of Ethics and ask for a waiver or advisory opinion.
(Ord. 15-08, passed 6-9-15)