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Trainer explains actual vs. potential conflicts and when officials must recuse
Summary
Esparza told councilors a conflict exists when an official action would have a financial effect on the official, a relative, or an associated business; he distinguished "actual" (certain financial effect) from "potential" (uncertain) conflicts and outlined disclosure and recusal steps for employees versus elected members.
Charlie Esparza walked Astoria officials through ORS 244's approach to conflicts of interest, saying the statutes categorize conflicts as actual or potential depending on whether a decision will certainly cause a financial effect. "A conflict of interest is basically anytime as a public official you are faced with having to make some type of decision...and depending on that recommendation, would or could have a certain financial effect on specific people," he said.
Using examples, Esparza said an "actual" conflict exists when the effect is certain (for example, a clerk approving a parent's business permit), in which case an elected official must publicly announce the conflict and, if actual, may not participate in discussion or vote. For employees he said the remedy is written notice to a supervisor and follow-up instructions. He repeatedly urged officials to contact the commission for case-specific guidance on layered processes such as subcommittees and final votes.
