4.3. EDSR 03-06-2017 - Laserfiche WebLink

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CONFLICT OF INTEREST Conflict of interest questions arise periodically and can become complex. Generally, a legal conflict of interest occurs when you,as a member of a commission, are slated to vote on a matter involving you and/or a business owned by you or a member of your family by blood or marriage.You could have a conflict of interest when the outcome could be economically advantageous to you, or to a member of your family, or to a business owned in whole or in part by you or a member of your family. In such cases,you have a responsibility to disclose this information to the commission you serve and abstain from any discussion and/or vote on this matter. In addition to the above-mentioned situations, all commission members must be aware of situations in which there is an appearance of conflict of interest. In some cases—such as an individual's alliance to an organization or group—a matter may be pending before the commission which will not benefit you or a family member,but may leave doubt as to that member's ability to make an objective determination. Although there may not be any legal preemption from voting under such circumstances, discretion should prevail. When these issues arise,discuss them with the staff liaison who,if necessary,will discuss with the City Attorney. If you are in doubt,the safest course of action is to abstain from participating in any discussions on that particular issue. Members of boards and commissions may not participate in matters in which they have a personal financial interest. Five factors determine whether there is a disqualifying interest. 1. The nature of a decision being made. 2. The nature of the financial interest. 3. The number of interested officials making the decision. 4. The need,if any, for the interested official to make the decision. 5. Other means available to review the decision to ensure that officials do not act in their own interest. Examples of personal financial interest are: 1. An official who owns property abutting a public street proposed to be vacated may not participate in the street vacation proceedings. 2. An official owning property across from a bar may not participate in a liquor license renewal decision for the bar. The following examples would NOT be considered conflict of interest situations: 1. An official is not disqualified from voting on a zoning ordinance change because the official's brother is employed by a corporation interested in the change. 2. A member of a planning commission who is a financially-contributing member of a church is not disqualified from voting on a variance application requested by the church. Page 1 of 2