No officer, member of Council or member of any board or commission, employee, or appointee of the City shall:
(a) Be financially interested in any contract, job, work or service with or for the City, nor in any contract, job, work or service for which approval thereof will be required by elected officials or any officer, employee or appointee to any board or commission, nor in the profit or emoluments thereof, nor in the expenditure of any money on the part of the City other than in his fixed compensation and expenses. Any contract with the City in which any officer or employee is or becomes financially interested may be declared void by the Mayor or Council. Such interest shall disqualify any such officer or employee from holding office, in addition to the other penalties provided by law;
(b) Act, directly or indirectly, as attorney, agent, broker, finder, engineer, architect or employee or in any other capacity, in behalf of any private person, firm or corporation interested, directly or indirectly, in any manner whatsoever, in any contract, work or business, or the sale or acquisition of any property, the cost of which is payable from City funds;
(c) Engage in the practice of law or represent or appear in behalf of an individual or individuals in any court in any matter or controversy in which the City is or may become a party, except on behalf of the City as an officer or employee, or voluntarily give opinion evidence against the interests of the City in any litigation in which the City is a party; or
(d) Appear before any board of commission of the City as counsel, attorney or agent, except that the Mayor or a member of Council may appear in behalf of a constituent or constituents without compensation therefor, or in the performance of a public obligations or official duties.
(Ord. 107-77. Passed 11-8-77.)
(Ord. 107-77. Passed 11-8-77.)
(e) (1) In addition to any other provisions related to a conflict of interest, each elected official of the City shall, prior to a matter being brought before Council for consideration, make a full public disclosure of any business or financial relationship, including campaign contributions made prior to their election, which such member has, or has had within the twelve-month period prior to such matter coming before Council, with:
A. The applicant for a variance or the applicant in a zoning case; or
B. The title owner, contract purchaser or lessee of the land that is subject of the application; or
C. Any trust beneficiary having an interest in such land, if any of the foregoing is a trustee (other than a trustee under a corporate mortgage or deed of trust securing one or more issues of corporate mortgage bonds); or
D. The agent, attorney or real estate broker of any of the foregoing.
(2) For the purpose of this subsection, “business or financial relationship” means any relationship (other than any ordinary customer or depositor relationship with a retail establishment, public utility or bank) which an elected official has with any of the persons specified above.
(3) For the purpose of this subsection, “business or financial relationship” also means the receipt by the elected official from any person specified above, during the twelve-month period prior to the matter coming before Council, or any gift, campaign contribution or donation having a value of one hundred dollars ($100.00) or more.
(4) If, at the time of the matter coming before Council, an elected official has a business or financial interest, as above defined, with the persons specified above, that official shall, prior to any hearing on the matter or at such hearing, make a full public disclosure of such relationship and that official shall be ineligible to vote or participate in deliberations, or attempt to influence the vote of any other elected official in any way in such matter or in any hearing thereon.
(Ord. 90-89. Passed 10-10-89.)
(f) Subsections (a) and (b) do not apply to a public contract in which a City officer, member of Council or member of any board or commission, employee, or appointee has an interest, when all of the following apply:
(1) The subject of the public contract is necessary supplies or services for the City;
(2) The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the City as part of a continuing course of dealing established prior to the public official’s becoming associated with the City;
(3) The treatment accorded the City is either preferential to or the same as that accorded other customers or clients in similar transactions; and
(4) The entire transaction is conducted at arm’s length, with full knowledge by the City, through its Mayor and the Council, of the interest of the public official, and the public official takes no part in the deliberations or decisions of the City with respect to the public contract.
(g) For purposes of this section, “public official” means any officer, the Mayor, member of Council or member of any board or commission, employee or appointee of the City of Richmond Heights.
(h) For purposes of this section, “contract” means any agreement, job, work, services or furnishing of materials or supplies from which there is derived any profit, emoluments or compensation of any kind, whether monetary or in kind.
(Ord. 52-2001. Passed 6-26-01.)