Chapter 1.15
CONFLICT OF INTEREST STANDARDS
Sections:
1.15.020 Disclosure deadline – Conduct at public meetings – Influencing other officials.
1.15.030 Attendance at meetings of other public bodies.
1.15.040 Abstention from voting.
1.15.050 Suspension of rules of procedure.
1.15.010 Disclosure required.
Each public official who is a member of the city council, planning commission or other officially appointed and constituted public body of Eagle Mountain City shall disclose every conflict of interest of which the public official has knowledge prior to consideration of any action in any public meeting or hearing before such public body on a matter in which the official has a conflict of interest. For the purposes of this chapter, an official has a conflict of interest if the official knows or has reason to know that the official or a parent of the official or the official’s spouse, sibling, other member of the same household, agent, principal, client, employer or employee:
A. Is required to disclose a conflict of interest by the requirements of the Utah Municipal Officers and Employees Ethics Act; notwithstanding the provisions of said Act, however, the following definitions of a conflict also apply.
B. Has an ownership interest in a business having matters under proper consideration before the public body.
C. Has an ownership interest in property within Eagle Mountain City for which zoning, conditional use or development approvals are under consideration.
D. Represents as an agent, professional services contractor or other advisor an individual or organization with matters under consideration before the public body.
E. Has an ownership interest in a business or property that:
1. Has been issued a business license, has a place of business or otherwise operates a business offering or providing goods, products or services in Eagle Mountain; or
2. Uses or develops property located within the city limits of Eagle Mountain (other than the official’s individual personal residence or property), and which:
a. Offers the same goods, products, or services; or
b. Would use or develop property in a similar way as a business or property which has matters under proper consideration before the public body or any city committee that reviews applications, issues, recommendations, or grants approvals.
F. Has an ownership interest in property, other than that of a primary residence, that might enjoy direct and immediate financial benefit or suffer direct economic harm by zoning, conditional use or development approvals of land before the public body, but which is not owned by the official.
G. Has an agreement with a party seeking approval that would financially benefit the public official if such approval were granted. [Ord. O-32-2004 § 2].
1.15.020 Disclosure deadline – Conduct at public meetings – Influencing other officials.
Each official with a conflict of interest as defined in EMMC 1.15.010 shall disclose such conflict in the meeting prior to consideration of the matter presenting the conflict. Officials with a conflict of interest shall not speak in the public meeting on the matter under consideration and will normally leave the meeting. Exceptions may be made to this requirement if a majority of the remaining members of the body determine that adequate consideration of the matter requires responses from the official disclosing a conflict. Officials with a known conflict of interest may not attempt to influence other public officials or appointed staff outside of the meeting. [Ord. O-32-2004 § 3].
1.15.030 Attendance at meetings of other public bodies.
A public official with a conflict of interest as defined above may attend meetings of other public bodies of which he or she is not a member and at which the matter creating the conflict is considered. Such an official may speak on the matter under consideration only after first declaring a conflict of interest and explaining the nature of the conflict. [Ord. O-32-2004 § 4].
1.15.040 Abstention from voting.
A member of the city council, planning commission, or other public body of Eagle Mountain City who is required by EMMC 1.15.010 to disclose a conflict of interest shall abstain from voting on the matter for which such conflict exists. If the member insists on voting, his or her vote will be recorded in the minutes as an abstention. In determining whether a vote is tied or a matter is adopted, the abstention vote shall be treated as if the member were absent from the meeting. [Ord. O-32-2004 § 5].
1.15.050 Suspension of rules of procedure.
These rules of procedure may be suspended by the city council or planning commission only upon a vote in which at least four council members or five commission members assent to such suspension. [Ord. O-32-2004 § 6].
1.15.060 Violation – Penalty.
Each official who shall fail to disclose a potential conflict which is known or of which the official should know as defined in EMMC 1.15.010 will be guilty of an offense in accordance with Section 10-3-1310, Utah Code Annotated 1953. Such violations may also result in removal from office or other disciplinary action in accordance with Section 10-3-1311, Utah Code Annotated 1953, or other action as defined in Section 10-3-1312, Utah Code Annotated 1953. [Ord. O-32-2004 § 7].