§ 2-221. Improper economic benefit.

(a)

General rule. To avoid the appearance and risk of impropriety, a city official or employee shall not take any official action that is likely to affect substantially the economic interest of:

(1)

The official or employee;

(2)

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

(3)

His or her outside client;

(4)

A member of his or her household;

(5)

The outside employer of the official or employee or of his or her parent, child, or spouse;

(6)

A business entity in which the official or employee knows, or should know, that any of the persons listed in subsections (a)(1) or (a)(2) holds an economic interest;

(7)

A business entity which the official or employee knows, or should know, is an affiliated business or partner of a business entity in which any of the persons listed in subsections (a)(1) or (a)(2) holds an economic interests;

(8)

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

(9)

A person or business entity from whom the official or employee, directly or indirectly:

(A)

Has solicited within the past twenty-four (24) months an offer of employment or business opportunities;

(B)

Has received and not rejected an unsolicited offer of employment or business opportunities;

(C)

Has accepted an offer of employment or business opportunities which is binding or expected by the parties to be carried out.

(b)

Recusal and disclosure. A city official and employee whose conduct would otherwise violate subsection (a) must recuse himself or herself. From the time that the conflict is, or should have been recognized, he or she shall:

(1)

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

(2)

Promptly file with the city secretary the appropriate form for disclosing the nature and extent of the prohibited conduct.

In addition:

(3)

A supervised employee shall 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 person; and

(4)

A member of a board shall promptly disclose the conflict to other members of the board and shall not be present during the board's discussion of, or voting on, the matter.

(c)

Definitions. For purposes of this rule:

(1)

An action is likely "to affect substantially" 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; and

(2)

The term "client" includes business relationships of a highly personalized nature, such as professional relationships, but not ordinary business-customer relationships.

(Ord. No. 06-22, § 1(part B, § 1), 9-5-2006)