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Officials cautioned on potential vs. actual conflicts and recusal practice
Summary
DLCD and the city attorney reviewed statutory language distinguishing actual conflicts of interest (pecuniary benefit) from potential conflicts and advised officials to publicly disclose potentials and refrain from participation in actual conflicts; perceived bias remains a political judgment.
Estes read the statutory description of an "actual conflict of interest" and said it centers on a private pecuniary benefit or detriment to an official or their relative. "Actual conflicts of interest means any action or decision... the effect of which would be the private pecuniary benefit or detriment of the person...," he said while discussing how an official should respond.
City Attorney Blair Henningzgard added that potential conflicts should be publicly announced and that true, actual conflicts require nonparticipation. He noted that perceived bias is often political and voluntary recusal can be appropriate where an official believes they cannot decide fairly. Participants discussed a past case in which a conflicted commissioner remained at the dais to preserve a quorum but did not take part in debate and the issue was appealed.
