A. Except with respect to the restrictions on gifts in section 2.44.080 of this chapter, the city council, in the case of the mayor; the mayor, in the case of city council members; the mayor and the chairperson of the city council, jointly, in the case of the city attorney; and the city attorney, in the case of any other public servants or volunteer public servants, may grant a waiver from the provisions of this chapter upon making a written determination that:
1. The public servant or volunteer public servant will be able to perform his or her official functions without actual bias or favoritism; and
2. The granting of the waiver will not be detrimental to the interests of the city.
B. A determination of nonapplicability of the restrictions on gifts in section 2.44.080 of this chapter may be given by the mayor, in the case of the city council; by the city council, in the case of the mayor; by the mayor and the chairperson of the city council, jointly, in the case of the city attorney; or by the city attorney, in the case of any other public servant or volunteer public servant. A determination of nonapplicability shall be in writing and shall be given only upon a determination that:
1. The gift was not given with the intent to influence governmental action;
2. There exists no substantial likelihood that the gift will influence governmental action; and
3. The giving of the determination of nonapplicability will not be detrimental to the interests of the city.
C. Any determination of nonapplicability under this section shall include a description of the gift, its estimated value, and the reasons justifying its receipt which shall be filed as a public document with the city recorder. (Ord. 11-11, 2011)