City council members shall not:
(a) Participate or vote in matters in which they have a financial interest in any contract with the city;
(b) Participate or vote in matters in which they may be financially interested in the sale of land to the city, or in which they may have rights or interests in the sale of any materials, supplies or services to the city;
(c) Participate or vote in any other matters in which they may have a financial interest, or in which an immediate family member has a financial interest;
(d) Except when acting in an official capacity, appear on behalf of any private person before any city agency. A city council member may appear at any place on behalf of constituents in the course of their duties as representatives of the electorate or in the performance of public or civic obligations. City council members shall not receive compensation for those appearances, unless specifically authorized by action of the city council. However, this section shall not apply to any city council member who has fully informed the city agency of his or her private interest in a matter and he or she does not participate in any decision related thereto;
(e) Directly or indirectly solicit any gift, or, other than as set forth herein, accept any gift in which it could reasonably be inferred that the gift unduly influenced, or could reasonably be expected to unduly influence the city council member in the performance of their official duties, or was a reward for any official action of the city council member. Exceptions:
(1) Legitimate political contributions are not gifts under the provisions of this subchapter.
(2) It is not a conflict of interest for any city council member to receive a gift that is an unsolicited item of nominal intrinsic value.
(3) It is not a conflict of interest for any city council member to receive a gift from the city or other city council members including, but not limited to, awards for service anniversaries and gifts based on personal friendships.
(4) Anything paid for or reimbursed by the city is not a gift.
(5) Any benefit received by a city council member pursuant to a grant or competitive application process awarded to the city or to the city council member related to the official duties of the city council member is not a gift.
(6) Any benefit received by a council member that is directly associated with his/her employment or organizational membership outside the city shall not be prohibited by this section if:
A. The benefit was not offered or enhanced because of the official position of the city council member; and
B. The benefit is customarily provided to others in similar circumstances.
(7) It is not a conflict of interest for any city council member to receive a gift of travel, lodging, registration fees, entrance fees, food and drink, and other incidental expenses directly related and attributable to a widely attended gathering, if the event meets all of the following conditions:
A. The event is related to the official duties of a city council member or the city's legislative or policy interests. An event presumptively meets this requirement unless a reasonable person would not find this to be the case.
B. The event organizer is not a prohibited source.
(8) A city council member may participate in fundraising in an official capacity if, in accordance with ordinance or other applicable law, he/she is authorized to engage in the fundraising activity as part of his/her official duties. When authorized to participate in an official capacity, a city council member may use his/her official title, position, and authority. A city council member may engage in fundraising in his/her personal capacity provided that he/she does not:
A. Personally solicit funds or other support from a subordinate or from any person:
(i) Known to the city council member to be a prohibited source within the meaning of this chapter; or
(ii) Known to the city council member to be a prohibited source within the meaning of this chapter, that is, a person whose interests may be substantially affected by the performance or nonperformance of his/her official duties.
B. Use or permit the use of his/her official title, position, or any authority associated with his/her public office to further the fundraising effort.
C. Engage in any action that would otherwise violate this chapter.
(f) Participate or vote in matters having a financial interest in any property within 300 feet of property involved in a zoning matter before the city council; and
(g) Participate or vote in matters that come before the city council directly or indirectly involving the interest of a present business client or customer of any city council member or the interest of a person or entity who has been a business client or customer of any city council member within the prior 12 months. A business client or customer is any person or entity for which the city council member is employed or if in the past 12 months payment has been received by the city council member from the person or entity in the amount of $5,000 or greater and that fact is or should be known by the city council member.
(1992 Code, § 12.5-30) (Ord. 24-09, passed 3-16-2009; Ord. 116-23, passed 12-5-2023) Penalty, see § 35.999