[R.O. 2005 §2-46; CC 1997 §2-46]
This Article shall apply to all officers of the City.
[R.O. 2005 §2-47; CC 1997 §2-47]
As used in this Article, unless the context clearly requires
otherwise, the following terms shall have the meanings indicated:
BUSINESS ENTITY
A corporation, association, firm, partnership, sole proprietorship,
joint venture or business entity of any kind or character.
DIRECTLY BENEFIT
To derive special private advantage as opposed to a general
advantage derived as a member of large class or of the public at large.
IMMEDIATE FAMILY
The officer or employee and his/her spouse and their parents,
children, brothers, sisters and spouses thereof.
INTEREST
Ownership by the individual or any member of his/her immediate
family, directly or indirectly, of ten percent (10%) or more of any
business entity.
OFFICER
A person holding any elected or appointed office in the City
or any salaried full-time employee of the City.
[R.O. 2005 §2-48; CC 1997 §2-48; Charter §12.1]
A. No City
Officer shall be directly or indirectly interested in or directly
benefit from any contract under the City or in any work done by the
City or in furnishing supplies for the City or any of its institutions.
B. Any City
Officer who has a financial interest in any contract with the City
and in the sale of any land, material, supplies or services to the
City or to a contractor supplying the City or by reason of ownership
of two percent (2%) or more of any class of outstanding stock, units
or other equity interests in any publicly traded corporation or limited
partnership which is listed on a regulated stock exchange or automated
quotation system in any contract with the City or in the sale of any
land, material, supplies or services to the City or to a contractor
supplying the City shall make known that financial interest and shall
refrain from voting upon or otherwise participating in his/her capacity
as a City Officer in the making of such sale or in the making or performance
of such contract, other than his/her employment contract as an officer
of the City. Likewise, any City Officer who owns ten percent (10%)
or more of any of the outstanding stock or units of any closely held
corporation or limited partnership involved in any contract or other
business relationship with the City shall make known that financial
interest and refrain from voting upon or otherwise participating in
his/her capacity as a City Officer in the making or performance of
any City contract, sale and other business arrangement involving that
financial interest. Any person who is a City Officer and who willfully
conceals such a financial interest or willfully violates the requirements
of this Section shall be guilty of malfeasance in office or position
and shall forfeit his/her office or position. Violation of this Section
with the knowledge express or implied of the person or corporation
contracting with or making a sale to the City shall render the contract
or sale voidable by the City Manager or the Council.
[R.O. 2005 §2-49; CC 1997 §2-49]
The Council may waive compliance with this Article with respect
to any contract, purchase, lease or other transaction if by prior
resolution reciting the pertinent facts it finds such action to be
in the interest of the City.