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any association in connection with which the individual is compensated in excess of <br />$50 except for actual and reasonable expenses in any month as a director, officer, <br />owner, member, partner, employer or employee, or is a holder of securities worth <br />$2,500 or more at fair market value. <br />The specific circumstances under which an action or decision might substantially affect the <br />financial interests of a Council member cannot be stated precisely. Each potential conflict of <br />interest must be considered on a case -by -case basis in light of the particular facts giving rise to the <br />potential conflict 17 A financial interest probably is substantially affected by an action or decision if <br />the effect of the action or decision on the financial interest is more than remote or inconsequential <br />and materially affects a Council member's ability to faithfully perform the member's <br />responsibilities as a public official. <br />If a potential conflict of interest exists and there is sufficient time to disclose the conflict prior to the <br />agenda item to which the potential conflict relates, a Council member must "prepare a written <br />statement describing the matter requiring action or decision and the nature of the potential conflict <br />of interest." 19 The statement should be made on a Potential Conflict of Interest Notice form <br />available from the Campaign Finance and Public Disclosure Board. A copy of the form also can be <br />obtained from the Council's Office of the General Counsel. The member must deliver a copy of <br />the completed form to the Chair of the Council. If the Chair has a potential conflict of interest, <br />the Chair probably should deliver a copy of the completed form to the Governor. <br />Sometimes a potential conflict of interest will exist or arise and a Council member will not have <br />sufficient time to prepare and deliver copies of the required statement prior to the time the matter <br />will be considered by the Council. If a Council member with a conflict of interest does not have <br />sufficient time to prepare and deliver the required statement, the member must "orally inform" the <br />official body or committee upon which the member serves and should file the required statement <br />within a week of the action taken. The Council member that has the potential conflict of interest <br />should state at least the general nature of the conflict 23 <br />The statutory conflict of interest provisions do not require a Council member to disclose or report <br />conflicts of interest, even if an action or decision will substantially affect the member's financial <br />interests or the financial interests of an associated business, if the effect on the Council member is <br />no greater than on other individuals who belong to the member's business classification, profession, <br />or occupation. If a Council action or decision has an industry- or occupation -wide effect, a <br />Council member may fulfill the member's responsibilities as a public decision -maker and may act <br />on or decide issues that substantially affect the member's personal or business - related financial <br />interests. However, even if no statutorily recognized conflict exists when an action or decision <br />affects an entire business classification, profession or occupation, a Council member still should <br />consider whether participation in a matter which substantially affects personal or business financial <br />interests will create the appearance of a conflict, and whether the appearance of a conflict might <br />negatively reflect on the Council's particular action or decision, or adversely affect the Council's <br />ability to fulfill its public responsibilities. <br />Even if no actual conflicts of interest exist under the Ethics in Government Act, the Council still <br />must be concerned with the appearance of conflicts because the Council is a public entity <br />conducting public activities 2 Entities like the Council which transact public business have a <br />legitimate interest in ensuring public confidence in decision - making processes and in ensuring the <br />5 <br />