[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.
- 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.
- 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]
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.
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.