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2001 Correspondence
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2001 Correspondence
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advisory committee member who recognizes a potential conflict of interest during Council, Council <br />standing committee, or advisory committee deliberations should orally inform the Council or the <br />member's respective committee about the potential conflict of interest. <br />C. ADVISORY COMMITTEE BYLAW CONFLICT OF INTEREST PROVISIONS <br />Individuals appointed to Council advisory committees are subject to policies and procedures adopted <br />by the Council. According to the Council's bylaws, each advisory committee must prepare and adopt <br />bylaws upon establishment. Advisory committee bylaws are subject to Council approval and must <br />contain the following provisions addressing conflicts of interest. <br />No advisory committee member shall participate or vote in any <br />deliberation relating to issues and proposals in which he or she has a <br />conflict of interest. A conflict of interest exists where the advisory <br />committee member: <br />1. has a material, financial interest in the issue or proposal or is <br />affected by the issue or proposal greater than other members <br />of his/her business classification, profession or occupation; or <br />2. is a director, trustee, officer, employee, or agent of an <br />institution directly involved in the issue or proposal to a <br />greater extent than similar institutions; or <br />3. is related by blood or marriage to an individual directly <br />affected by the issue or proposal. <br />Prior to the commencement of deliberation, an advisory committee <br />member who has a conflict of interest shall disclose that he /she has a <br />conflict of interest to the advisory committee chair. ss <br />The current bylaws of the Metropolitan Parks and Open Space Commission do not contain any <br />conflict of interest provisions. <br />D. THE APPEARANCE OF CONFLICTS <br />Even if no actual conflicts of interest exist under the applicable provisions of Chapters 10A or 469, <br />regulatory law, or Council advisory committee bylaws, the Council and the Metropolitan Parks and <br />Open Space Commission still must be concerned with the appearance of conflicts because the Council <br />and the commission are public bodies conducting public activities. 56 The courts have recognized <br />that entities like the Council and the commission which transact public business have a legitimate <br />interest in ensuring public confidence in decision - making processes and in ensuring the integrity of <br />public actions. 57 Accordingly, Council members, members of the Council's advisory committees, and <br />members of the Metropolitan Parks and Open Space Commission should consider whether it is <br />appropriate to participate in Council or commission deliberations, actions, or decisions if the Council <br />members, advisory committee members, or commission members are involved in circumstances which <br />might give rise to an appearance of a conflict. <br />
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