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A potential conflict of interest exists under Chapter 10A if: (a) the affected individual is a public or <br />local official; (b) the public or local official is discharging official duties; (c) the official is participating <br />in some action or making a decision; and (d) the action or decision in which the official is <br />participating will "substantially affect" the official's personal or business - related financial interests. <br />Council members, members of Council advisory committees, and members of the Metropolitan Parks <br />and Open Space Commission who have a potential conflict of interest under Chapter 10A must <br />prepare a written statement which describes the matter requiring action or decision and the potential <br />conflict of interest. Council members, Council advisory committee members, and members of the <br />Metropolitan Parks and Open Space Commission who have a potential conflict of interest should not <br />chair any meeting, participate in any vote, or offer any motion on the matter giving rise to the <br />potential conflict of interest. If a member of the Council, an advisory committee, or the commission <br />is required to determine the matter and the Council member, advisory committee member, or the <br />commission member cannot abstain, the individual must file a notice of inability to abstain and notify <br />all known interested parties of the potential conflict. <br />Statutory conflict of interest provisions governing the operation of housing and redevelopment <br />authorities apply to Council members when the Council is exercising its statutory authority to operate <br />as a housing and redevelopment authority. The conflict of interest provisions of Chapter 469 are <br />more broad than the conflict provisions of Chapter 10A. The conflict provisions of Chapter 469 <br />encompass more than the financial interests related to typical business relationships or associations, <br />and include the financial interests of affiliated organizations. <br />Members of the Council's advisory committees are subject to specific conflict of interest provisions <br />contained in the bylaws adopted by the advisory committees and approved by the Council. <br />As public entities conducting public business and addressing public policy issues, the Council and the <br />Metropolitan Parks and Open Space Commission have a legitimate interest in preserving the integrity <br />of their actions and ensuring public confidence in their decisions. Members of the Council and its <br />advisory committees and members of the Metropolitan Parks and Open Space Commission sometimes <br />will be involved in situations which create the appearance of a conflict of interest. Even though no <br />actual conflict of interest may exist, Council and advisory committee members and members of the <br />Metropolitan Parks and Open Space Commission should consider whether participation in an action <br />or decision which gives rise to the appearance of a conflict will adversely reflect on the Council's or <br />the commission's deliberations, actions, or decisions or will undermine public confidence in the <br />Council's or the commission's decision - making processes. <br />Conflicts of interest usually occur under factual circumstances unique to each individual or situation <br />and therefore should be addressed on a case -by -case basis. The Legal Department can provide <br />assistance and advice regarding specific circumstances and potential conflicts of interest. <br />cc: Sharon Klumpp, Executive Director <br />Jack Mauritz, Parks Coordinator <br />Chair's Staff <br />CONFLICf.CMA <br />III. CONCLUSIONS <br />