§ 30-7. Disclosure of conflicts of interest; recusal; disqualification.

(a)

A public official who has or may have a conflict of interest in a matter that requires official action, shall, prior to the matter being discussed or decided, disclose the conflict of interest, be it real, potential or alleged by a third party. A public official shall not take any official action unless and until all issues pertaining to such conflict have been resolved.

(b)

Members of council, the county manager, and the county attorney shall submit notice of the conflict in writing to the council chair, or disclose the conflict in a public meeting. The utility manager shall submit notice of conflict in writing to the board of public utilities ("BPU") chair, or disclose the conflict in a BPU public meeting. Board members shall disclose a conflict in writing to the board chair or disclose the conflict in a public meeting. All other public officials shall disclose conflicts to their department director in writing. As appropriate, the disclosure shall include evidence or statements supporting the official's conclusion that:

(1)

No conflict of interest exists; and/or

(2)

The official is able to participate in the official action in a fair, objective manner, consistent with the public interest; or

(3)

The official will not take part in the discussion or decision from which the conflict arises.

(c)

In the event that members of council, the county manager, county attorney, utility manager, or board members make a disclosure and choose not to recuse from taking official action in the matter in question, the other members of the council or board, as appropriate, may vote that the conflict disqualifies the public official from participating in the matter, and that vote shall be binding.

(d)

For a department director or deputy who chooses not to recuse from taking official action in the matter in question, the county manager or utilities manager, as appropriate, shall determine whether the conflict disqualifies the department director or deputy from participating in the matter in question and that decision shall be binding and not grievable.

(e)

For other public officials who choose not to recuse from taking official action in the matter in question, an individual's department director shall determine whether a conflict disqualifies an individual public official from participating in the matter in question and that decision shall be binding and not grievable.

(f)

Change of circumstances. A change in circumstances shall be made known to the same authority and may result in a different determination of whether a conflict remains.

(Ord. No. 02-240, § 2, 11-25-2014; Ord. No. 02-256, § 40, 7-7-2015)