§ 2-259. Conflicts of interest; disqualification.  


Latest version.
  • (a)

    Except as permitted by state law or a unified government ordinance, the unified government representative shall be disqualified and shall not participate in any matter before the unified government agency with which unified government representative is affiliated, except in the exercise of an administrative duty or ministerial act which does not affect the disposition or decision, if, to the unified government representative's knowledge, unified government representatives's spouse, parent, child, brother, or sister may be affected by the result or if any of the following may be affected by the result:

    (1)

    Any business entity in which the unified government representative has an interest;

    (2)

    Any business entity in which the unified government representative is an officer, director, trustee, partner or employee or in which the unified government representative knows any of the relatives listed in this section holds such position;

    (3)

    Any business entity with which the unified government representative or, to the unified government representative's knowledge, any of the relatives listed in this section is negotiating or has any arrangement concerning prospective employment;

    (4)

    Any business entity which is party to an existing contract with such a unified government representative, or which the unified government representative knows is a party to a contract with any of the relatives listed in this section, if the contract could reasonably be expected to result in a conflict between the private interests of a unified government representative and his or her official duties;

    (5)

    Any business entity, either engaged in a transaction with the unified government regulated by or subject to the authority of a unified government agency with which the unified government representative is affiliated, or in which a direct financial interest is owned by another business entity in which the unified government representative has a direct financial interest;

    (6)

    Any business entity which is a creditor or obligee of the unified government representative, or which the unified government representative knows is a creditor or obligee of any of the relatives listed in this section, with respect to a thing or economic value and which is in a position to affect directly and substantially the interest of the unified government representative or any of the relatives listed in this section.

    (b)

    If a disqualification pursuant to subsection (a) of this section leaves anybody with less than a quorum capable of acting, or if the disqualified unified government representative is required by law to act or is the only person authorized to act, the disqualified person shall publicly disclose the nature and circumstances of the conflict and may participate or act, provided that such action is first approved by the unified government commission, a unified government agency, or ethics administrator as under the circumstances may be appropriate.

(Ord. No. O-75-09, § 1, 10-1-2009)