Chapter 2.26
CONFLICT OF INTEREST
Sections:
2.26.020 City council members or mayor – Conflict of interest.
2.26.030 City employees and officials – Conflict of interest.
2.26.040 Receipt by an elected official of additional compensation.
2.26.010 Definitions.
In this chapter, unless otherwise provided or the context otherwise requires, the following terms shall have the meanings set forth in this section:
“City official” means a person who holds elective office under the ordinances of the city, or who is a member of a board or commission whose appointment is subject to confirmation by the city council.
“Immediate family” means anyone related to a person by blood, current marriage, adoption, or any person who is a regular member of that person’s household.
“Official action” means a recommendation, decision, approval, disapproval, vote, or other similar action, including inaction, by a city official or employee, whether such action or inaction is administrative, legislative, quasi-judicial, advisory, or otherwise.
“Organization” means any business, corporation, partnership, firm, or association whether organized for profit or nonprofit.
“Substantial financial interest in an official action” means a financial interest that could be affected by an official action, which might reasonably result in a pecuniary gain or loss exceeding three hundred dollars.
1. When the pecuniary value of a financial interest is not apparent on its face or is otherwise at issue, the mayor or, in his or her absence, the mayor pro tempore or other presiding officer, shall make the determination of whether or not the financial interest constitutes a substantial financial interest in accordance with Section 2.26.020.
2. A person’s financial interest includes:
a. Any financial interest of a member of that person’s immediate family including involvement or ownership of an interest in a business including a property ownership, or a professional or private relationship, that is a source of income, or from which the person has received, or expects to receive, a financial benefit;
b. Any affiliation with an organization in which the person has an ownership interest, holds a position of management, or is an officer, director, trustee, employee, or the like.
3. A financial interest does not include:
a. Affiliation with an organization solely as a volunteer or a club member;
b. A personal or financial interest of a type which is shared in common with all other citizens or a large class of citizens. (Ord. 2007-07 §2(part))
2.26.020 City council members or mayor – Conflict of interest.
A city council member or the mayor has a conflict of interest when he or she has a substantial financial interest in an official action.
A. If the mayor or a city council member has a conflict of interest, he or she shall declare his or her conflict of interest to the council and ask to be excused from voting on, and any discussion of, the matter with which he or she has the conflict.
B. The mayor or, in his or her absence, the mayor pro tempore or other presiding officer, shall rule on a request by a city council member to be excused from voting on a matter because of a declared conflict of interest. The mayor pro tempore or other presiding officer shall rule on a request by the mayor to be excused from participating in a matter because of a declared conflict of interest. A decision of the mayor, the mayor pro tempore, or other presiding officer under this section may be overridden by a majority vote of the city council. (Ord. 2007-07 §2(part))
2.26.030 City employees and officials – Conflict of interest.
A. No city employee or official, other than a member of the city council, may participate in an official action in which that employee or official has a substantial financial interest.
B. Any city employee or official, who is a voting member of a city board or commission must disclose any financial interest in any matter before the board or commission before debating or voting upon the matter, and may not participate in the debate or vote upon the matter unless the board or commission determines that the employee or official’s interest in the matter is not a substantial financial interest.
C. No city employee or official may testify before the council or a city board or commission without first disclosing any financial interest which the employee or official has in the subject of the testimony. (Ord. 2007-07 §2(part))
2.26.040 Receipt by an elected official of additional compensation.
An elected official of the city may receive compensation other than that provided by Sections 2.04.060, 2.08.060, and Chapter 3.16 of the code, provided:
A. That he or she shall not become a permanent, temporary, or fill-in employee of the city;
B. That he or she shall not participate in any manner in any discussion, deliberation, or action connected with such compensation, nor shall he or she influence or attempt to influence his or her fellow elected officials or the staff of the city concerning such compensation; and
C. That he or she does not violate any other provisions of this chapter by seeking or receiving such compensation. (Ord. 2007-07 §2(part))
2.26.050 Violations.
A violation of this chapter is a misdemeanor punishable by up to a five-hundred-dollar fine. (Ord. 2007-07 §2(part))