§ 2-316. Conflicts of interest.

(a)

General rule. To avoid the appearance and/or risk of impropriety, an official or employee shall not take any action that he or she knows is likely to affect the economic interests of:

(1)

The official or employee;

(2)

His or her parent, child, spouse, or other family member within the second degree or affinity or within the third degree of consanguinity;

(3)

His or her outside client;

(4)

A member of his or her household;

(5)

Any outside employer of the official or employee or of his or her parent, child, spouse, or member of the household;

(6)

A business entity in which the official or employee knows that any of the persons listed in subsections (a)(1) or (a)(2) of this section holds an economic interests as that term is defined in section 2-312 (definitions);

(7)

A business entity which the official or employee knows is an affiliated business or partner of a business entity in which any of the persons listed in subsection (a)(1) or (a)(2) of this section holds an economic interest as defined in section 2-312 (definitions);

(8)

A business entity or nonprofit entity for which the city official or employee serves as an official or director or in any other policy-making position; or

(9)

A person or business entity with whom, within the past twelve (12) months:

a.

The official or employee, or his or her spouse, directly or indirectly has:

1.

Solicited an offer of employment for which the application is pending;

2.

Received an offer of employment which has not been rejected,

3.

Accepted an offer of employment, or

b.

The official or employee, or his or her spouse, directly or indirectly, engaged in negotiations pertaining to business opportunities, where negotiations are pending or not terminated.

(b)

Recusal and disclosure. A city official or employee whose conduct violates subsection (a) must recues him or herself, and from the time that the conflict is, or should have been, recognized, if applicable, he or she shall:

(1)

Immediately refrain from further participation in the matter, including discussions with persons likely to consider or participate in the matter;

(2)

File the appropriate form with the external auditor within three (3) business days disclosing the nature and extent of the prohibited conduct;

(3)

Promptly bring the conflict to the attention of his or her supervisor who will then, if necessary, reassign responsibility for handling the matter to another employee; and

(4)

Promptly disclose the conflict to other members of the council, board or commission in which he or she serves and shall not be present during the board's discussion of, or voting on, the matter.

(c)

For purposes of this section, an action is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or any segment thereof.

(Ord. No. 2012-O-126, § 2(2.01), 9-4-12; Ord. No. 2013-O-102, § 2, 8-5-13)