Laserfiche WebLink
The City Council recognizes that conflicts may exist not only when an individual has a financial <br />interest in a transaction, but also when his or her nonfinancial interests are involved. In all cases, <br />the City Council is committed to ensuring that whenever a dual interest between an individual's <br />personal, business, organizational or professional affiliations and the position and interests of the <br />City exists, disclosure of such conflict is given and the resulting decision -making is fairly and <br />appropriately managed. Furthermore, this Policy's procedures apply not only when an actual <br />conflict is demonstrated, but also when the interests or concerns of another party to which one has <br />allegiance may reasonably be seen as competing with City's interests or concerns. The decision of <br />the City Council to effect a level of higher scrutiny and procedures when an elected official, <br />appointed commissioner, or staff member of the City appears to have a conflict acknowledges the <br />public's increasing sensitivity to self -dealing and/or lax management by elected officials, <br />appointed commissioners, and staff. <br />The three types (or "Tiers") of conflicts defined in the Policy are not mutually exclusive. An <br />interest that qualifies as a conflict of interest under one Tier may be a conflict of interest under <br />either of the other Tiers as well, depending on the specific facts. <br />Conflict of Interest and Divided Allegiances, Definitions <br />Tier 1 -- Direct conflict: A direct conflict exists whenever there is any proposed transaction or <br />action of the City in which an elected official, appointed commissioner, or staff member has any <br />direct involvement or interest. Direct conflict of interest occurs when a decision or action would <br />compromise a duty to a party without taking immediate appropriate action to eliminate the conflict. <br />These transactions are subject to the highest scrutiny. <br />Tier 2 -- Indirect conflict: An elected official, appointed commissioner or staff member has an <br />indirect involvement or interest in a proposed transaction or action of the City whenever: <br />a) Any other party to the transaction or party affected by the action is a "family member" <br />(i.e., a relative) of the elected official, appointed commissioner, or staff member, or, there is <br />a relationship, affiliation, or other interest that could create an inappropriate influence if the <br />person is called on the make a decision or recommendation that would affect one or more <br />of those relationships, affiliation, or interests. <br />b) Any other party to the transaction or party affected by the action is an entity in which the <br />elected official, appointed commissioner or staff member has a material financial interest, <br />c) The elected official, appointed commissioner or staff member is an officer, director, <br />trustee, staff member or partner of any other party to the transaction or party affected by the <br />action. <br />Conflicts involving more immediate relatives should generally be subject to a higher level of <br />scrutiny by the City than those involving relatives who are removed, although each situation <br />involves individual circumstances to be weighed by the City Council and City Administrator. <br />Tier 3 -- Potential conflict or the appearance/perception of conflict: elected official, appointed <br />commissioner and staff members should follow the disclosure procedures of this Policy when the <br />interests or concerns of any elected official, appointed commissioner or staff member, or of any of <br />those individual's relatives, or any other individual group or organization to which such person has <br />allegiance, may reasonably be seen by a third party as competing with the interests or concerns of <br />the City; that conflicting duties or loyalties exist. <br />461Page <br />