2.01.040 Conflict of interest – Council members and the mayor.
A. Except as otherwise provided in this section, no council member or the mayor shall participate in a matter in which that person has a substantial financial interest. Participation in a matter includes voting, debating or discussing that matter with council members or any person authorized to act on the matter.
B. At a regular or special meeting, the mayor and each council member shall declare any financial interest in a matter appearing on the agenda before consideration of that item and ask to be excused from participating in the matter if the disclosed financial interest is substantial. Any member may question whether another council member or the mayor has a substantial financial interest in a matter appearing on the agenda.
C. Except as otherwise provided in this chapter, once a financial interest has been disclosed by a council member, the mayor shall determine whether or not the interest exists and, if so, if it is substantial. If the mayor or a council member discloses a financial interest held by the mayor, the city council shall determine if the mayor has a substantial financial interest.
D. A determination of the mayor under this section may be overridden through an affirmative vote of the council. Neither a council member nor the mayor shall participate in a vote determining the existence of a substantial financial interest held by that council member or the mayor.
E. If the mayor is found to have a substantial financial interest in a matter, the mayor shall yield the chair to the deputy mayor during both the discussion and vote on the matter.
F. Rule of Necessity. Exceptions to a ruling excusing a council member from participation shall be made in cases where:
1. By reason of being excused for conflicts of interest, the number of council members is reduced to less than the minimum number required to approve the official action;
2. No other body of the city has jurisdiction and authority to take the official action on the matter; and
3. The official action cannot be set aside to a later date, within a reasonable time, when council could obtain the minimum number of members to take action who are not excused for conflicts of interest.
When council determines this exception applies, then all members, regardless of conflict, except the applicant when the applicant is a council member, shall participate in the official action.
G. Unless otherwise prohibited by law, a hearing officer has jurisdiction and authority to take official action on a matter before a commission or body if the rule of necessity would otherwise apply to an action by that commission or body. (Ord. 22-13(AM) § 2, 2022)