2.95.040 Disqualifications from acting on City business.
(1) Generally. In order to ensure their independence and impartiality on behalf of the common good, officials shall abstain from participating in deliberations and decision-making where conflicts exist pursuant to this code.
(2) Prohibited Conduct. No City official, while holding such office or position, shall:
(a) Engage in any transaction or activity, which is, or would to a reasonable person appear to be, in conflict with or incompatible with the proper discharge of official duties, or which impairs, or would to a reasonable person appear to impair, the official’s independence of judgment or action in the performance of official duties and fail to disqualify himself or herself from official action in those instances where the conflict occurs.
(b) Have a financial or other private interest, other than a remote interest as defined in this code, direct or indirect, personally or through a member of his or her immediate family, or business entity, in any matter upon which the official is required to act in the discharge of his or her official duties, and fail to disqualify himself or herself from acting or participating.
(c) Fail to disqualify himself or herself from acting on any transaction which involves the City and any person who is, or at any time within the preceding 12-month period has been, a private client of his or hers, or of his or her firm or partnership.
(d) Have a financial or other private interest, other than a remote interest as defined in this code, direct or indirect, personally or through a member of his or her immediate family, or business entity, in any contract or transaction to which the City or any City agency may be a party, and fail to disclose such interest to the appropriate City authority prior to the formation of the contract or the time the City or City agency enters into the transaction.
(3) Appearance of Conflict. If it could appear to a reasonable person, having knowledge of the relevant circumstances, that the official’s judgment is impaired because of either a personal or business relationship not covered under the foregoing subsections, or a transaction or activity engaged in by the official, the official shall make a public, written disclosure of the facts giving rise to the appearance of a conflict before participating in the matter.
(4) Exceptions. This section shall not apply to the following:
(a) Decisions regarding taxes or fees;
(b) If the financial interest is shared with more than 10 percent of the City’s population; or
(c) If the financial interest exists solely because of the official’s ownership of less than one percent of the outstanding shares of a publicly traded corporation. (Ord. 14-16 § 1 (Exh. A))