Laserfiche WebLink
an individual is acting or making an official decision as a Council member, as a member of a Council <br />advisory committee, or as a member of the Metropolitan Parks and Open Space Commission. <br />Members of the Council, the Metropolitan Parks and Open Space Commission, and Council advisory <br />committees frequently are selected because the members represent specific business, professional, <br />governmental, and other interests. Members of the Council, the Metropolitan Parks and Open Space <br />Commission, and Council advisory committees have outside employment or personal interests and can <br />continue to engage in private employment or pursue personal activities. A potential conflict of <br />interest does not exist unless the private employment or personal activities are associated in some <br />manner with business before the Council or the commission or are related to or will be affected by <br />a particular action or decision of the Council or the commission. <br />Although the statutory conflict of interest provisions generally do not restrict a public or local official <br />from engaging in outside activities, other statutory law or common law principles might limit a public <br />or local official's ability to engage in outside employment or pursue personal interests. For example, <br />the "incompatibility of office" doctrine generally prohibits simultaneous service on the Council and <br />another governmental body whose activities may be affected by Council action or subject to Council <br />review. Conflict of interest is distinguishable from incompatibility of office. A conflict of interest <br />exists if a public or local official must participate in an official action or decision which has a <br />substantial effect on the official's personal or business - related financial interests. Two public offices <br />are incompatible when the functions of the public offices are inconsistent and the incumbent of the <br />two offices cannot faithfully perform the duties of either office because the performance of the duties <br />of either office results in a conflict of duty with respect to the performance of the other public <br />office.' <br />c. A potential conflict of interest exists when a public or local official is <br />discharging official duties and must take "an action or make a decision." <br />The Council and the Metropolitan Parks and Open Space Commission do not always take an action <br />or make a decision when the Council or the commission discharge their responsibilities as <br />metropolitan governmental units. Business items or public issues sometimes are addressed by the <br />commission or the Council and its standing committees on a discussion -only basis; the discussions are <br />preliminary to formal actions or final decisions. Although Chapter 10A refers to circumstances under <br />which an official must "take an action or make a decision," Council members and members of the <br />Metropolitan Parks and Open Space Commission who would have a conflict of interest if the business <br />items or policy issues were before the Council or commission for action or decision should disclose <br />the potential conflict of interest and refrain from further participation in the matter, particularly when <br />the preliminary discussions are detailed and formulate the bases upon which future final actions or <br />decisions are made. 21 Even if no actual conflict of interest exists under Chapter 10A because no <br />final action or decision will be made, the appearance of a conflict of interest may exist. <br />Council advisory committees only make recommendations to the Council. However, even if no actual <br />conflict of interest exists under Chapter 10A the appearance of a conflict may exist, particularly if the <br />Council has a practice of deferring to an advisory committee's expertise and generally accepts and <br />adopts the advisory committee's recommendations. n <br />d. A potential conflict of interest exists when the action or decision in which <br />the o is participating will "substantially affect" the official's personal <br />or business - related financial interests. <br />According to Chapter 10A, a potential conflict of interest exists when an action or decision would <br />"substantially affect" an official's personal "financial interests" or substantially affect the financial <br />interests of an "associated business." 23 The current administrative rules of the Ethical Practices <br />