An official with the responsibility to vote on a measure shall disclose during the meeting at which the vote takes place, before the vote so it appears in the minutes, any personal interest that affects or that would lead a reasonable person to infer that it affects the official's vote on the measure. In addition, the official may request to recuse himself/herself from voting on the measure.
The presiding officer shall rule on the request to recuse from voting. If the presiding officer is the member making the recusal request, or has the same or a similar personal interest in the same matter, the assembly shall designate another assembly member who has no personal interest in the matter to rule on the request.
The decision of the presiding officer (or designated assembly member) on the member's request to recuse from voting may be overridden by a majority vote of the assembly. Neither the assembly member making the request nor any other assembly member who has disclosed a similar or related interest in the same matter may rule on any member's request to be recused from voting on the matter or vote on the question of overriding such a ruling.
If any resident of the municipality believes that an assembly member may have an undisclosed personal interest, the resident may request a confidential meeting with the presiding officer, any other assembly member and the assembly member who may have a personal interest. If, as a result of the confidential meeting, the assembly member with the personal interest or the presiding officer decided that the personal interest must be disclosed to the assembly, the assembly member shall disclose the personal interest to the assembly.
An assembly member who has a personal interest in a matter before the assembly, and who has been recused from voting on that matter, may not participate in the assembly debate on this matter, although he or she may participate in discussion to the same extent as a member of the general public. If the matter is discussed by the assembly in executive session, the member shall be excluded during the executive session.
If a personal interest is discovered after an official action has been undertaken or completed, the assembly may, by a majority vote, excluding the vote of any affected member, resolve to rescind the official action or take any other remedial steps necessary.
(Ord. 18-03 § 2)