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Attorney outlines conflicts of interest test, affidavit and recusal duties
Summary
The city attorney walked council members through the two-pronged conflicts test, ownership and income thresholds for substantial interest, affidavit and recusal duties, and the 200‑foot land-use restriction in the city's code of ethics.
The city attorney explained the two‑pronged test used to determine a conflict of interest: first, whether a council member has a substantial interest (examples: at least 10% ownership or $15,000 fair‑market value in a business, or at least $2,500 value in subject real property), and second, whether the council action would have a special economic effect on that business or property. “There is a 2 pronged test for when a conflict of interest exists,” the attorney said while detailing those thresholds.
If both prongs are met, the attorney said the conflicted member must file an affidavit with the city secretary before the item is considered and must not participate in deliberation or the vote. He also urged voluntary recusals where relationships create an appearance of impropriety, reminded members that accepting non‑cash gifts worth $50 or more is prohibited, and noted criminal penalties for improper disclosure of confidential information under state law.
