§ 2-47. Abstention to avoid conflicts of interest.  


Latest version.
  • (a)

    It shall be a violation of this code of ethics for any officer to participate, directly or indirectly, through decision, approval, disapproval, recommendation or in any other manner, upon the following, each of which is deemed to be a conflict of interest:

    (1)

    Any proceeding, application, vote, request for ruling, claim, controversy, contract or any other matter involving an immediate relative or any interest of an immediate relative of the officer.

    (2)

    Any matter in which the officer has a financial interest, a fiduciary interest, a corporate interest, or an employment interest.

    (3)

    Any matter in which the requirements of impartiality, as contained in section 2-46, would be violated.

    (b)

    Except as otherwise provided by law, no officer shall, in such capacity, participate in the discussion, debate, deliberation or vote, or otherwise take part in the decision-making process on any item before him in which the officer has a conflict of interest as defined above.

    (c)

    To avoid the appearance of impropriety, if any officer has a conflict of interest or has an interest that he has reason to believe either violates this code of ethics or may affect his official acts or actions in any matter, the officer shall immediately leave the meeting room, except that if the matter is being considered at a public meeting, the officer may remain in the area of the room occupied by the general public. In the event of such conflict of interest, the officer shall leave his or her regular seat as a member of the board, and not return to it until deliberation and action on the matter is completed. Nothing herein shall require the officer to leave while action is taken for any item for which the officer has a conflict of interest which is contained on a "consent agenda" and upon which there is no deliberation provided the officer's conflict has been disclosed and the officer abstains from voting on the item on the "consent agenda."

    (d)

    It is hereby declared that it is not the intent of this ethics code to prohibit an immediate relative of an officer from being engaged in gainful employment in this county. The county shall not be prohibited from doing business with an entity which employs an immediate relative of an officer, provided that:

    (1)

    Such business relationship does not violate this division;

    (2)

    Such business relationship is fully disclosed in writing; and

    (3)

    Where applicable, the affected business entity shall be required to use the bid system when conducting business with the county.

(Ord. of 11-14-89, § 107; Code 1977, § 3-20-37; Ord. of 2-22-00)