HomeMy WebLinkAbout2021-11-09-Supplemental Materials - Summary of Selected Comparison Provisions1
Summary of Selected Sample Provisions from Other Jurisdictions
Arizona Statute: Prohibits participation where officer or employee (or their relative) has a
“substantial interest,” other than a “remote interest.” "Remote interest" means (among other
things):
(i) That of a public officer or employee, or that of a relative of a public officer or employee,
unless the contract or decision involved would confer a direct economic benefit or detriment on
the officer, the employee or his relative, of any of the following:
(i) Another political subdivision.
(ii) A public agency of another political subdivision.
(iii) A public agency except if it is the same governmental entity.
(j) That of a member of a trade, business, occupation, profession or class of persons consisting
of at least ten members which is no greater than the interest of the other members of that trade,
business, occupation, profession or class of persons.
(k) That of a relative who is an employee of any business entity or governmental entity that
employs at least twenty-five employees within this state and who, in the capacity as an
employee, does not assert control or decision-making authority over the entity's management or
budget decisions.
Bellingham, Washington:
Prohibits participation where board member of employee (or immediate family) has a financial
interest unless it is a “remote financial interest.” “Remote financial interest” means:
2. That of an employee or agent of a contracting party where the compensation of the
employee or agent consists entirely of fixed wages or salary and the contract is awarded by bid
or by other competitive process;
Bridgeport, Connecticut:
Prohibits various forms of participation and dealings when a “financial interest” is present.
"Financial interest" means any interest, other than an interest of a de minimis nature, that is not
distinct from that of the general public, which shall yield a monetary or other material benefit to
the official or employee or to any person employing or retaining the services of the official or
employee.
Chicago, Illinois:
(2) To avoid even an appearance of impropriety, any member of the City Council who has
any business relationship with a person or entity with a matter pending before the City Council
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or any City Council Committee: (i) that creates a financial interest on the part of such member,
or the domestic partner or spouse of such member, or (ii) from whom or which the member has
derived any income or compensation during the preceding twelve months or from whom or
which the member reasonably expects to derive any income or compensation in the following
twelve months, shall publicly disclose in detail the nature of such business relationship or
income or compensation, including when such relationship commenced, on the records of
proceedings of the City Council and the City Council Committee, and shall also notify, with the
same detail, the Board of Ethics of such relationship within 96 hours of delivery by the Clerk to
the member, of the introduction of any ordinance, resolution, order or other matter in the City
Council, or as soon thereafter as the member is or should be aware of such potential conflict of
interest. . . . The Board of Ethics shall post such disclosures, including any additional detail
submitted by the member, on the Board of Ethics website, in a searchable format, immediately
upon receipt. The member shall abstain from participating in any discussion concerning and
voting on the matter but shall be counted present for purposes of a quorum. . . .
Knoxville, Tennessee:
Prohibits participation in matters where an officer has a personal interest, unless in the
judgment of the law director such personal interest is de minimis.
(b) Definition of personal interest.
(1) For purposes of this section, "personal interest" means:
a. Any financial, ownership, or employment interest in the subject of a vote by the council
not otherwise regulated by state statutes on conflicts of interests; or
b. Any financial, ownership, or employment interest in a matter to be regulated or
supervised; or
c. Any such financial, ownership, or employment interest of the city official's or employee's
spouse, parent(s), stepparent(s), grandparent(s), sibling(s), child(ren), or stepchild(ren).
(2) The words "employment interest" include a situation in which a city official or employee
or a designated family member is negotiating possible employment with a person or
organization that is the subject of the vote or that is to be regulated or supervised.
Montpelier, Vermont:
Requires recusal in the case of a direct or indirect financial benefit or conflict of interest. “A
public officer shall not take any action on any matter in which she/he/they has an appearance of
a conflict of interest unless in his or her own estimation, she/he/they is able to do so fairly,
objectively and in the public interest in spite of the appearance of conflict of interest.”
C. It is recognized that Montpelier may have a large number of Vermont State Employees as
members of local public agencies. These individuals may generally participate in matters
involving state government but should consider recusal or disclosure when matters involve their
specific work responsibilities or employment unit.
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Oregon Statute:
Oregon state ethics law (ORS 244.020(3)4) defines “business with which the person is
associated” as:
• When, during the preceding calendar year, an appointee or relative has held a position
as director, officer, owner, employee or agent of a private business or a closely held
corporation in which the appointee or relative held or currently holds stock, stock
options, equity interest or debt instrument over $1,000.
• When, during the preceding calendar year, appointee or relative has owned or currently
owns stock, equity interest, stock options or debt instruments of $100,000 or more in a
publicly held corporation.
• When the appointee or relative is a director or officer of a publicly held corporation.
• When an appointee is required by ORS 244.050(5) to file an Annual Verified Statement
of Economic Interest form and the business is listed as a source of household income.
San Antonio, Texas:
To avoid the appearance and risk of impropriety, a City official or employee shall not take any
official action that he or she knows is likely to affect the economic interests of:
(1) The official or employee;
(2) His or her parent, child, spouse, or other family member within the second degree of
consanguinity or affinity;
(3) His or her outside client;
(4) A member of his or her household;
(5) The outside employer of the official or employee or of his or her parent, child (unless the
child is a minor), spouse, or member of the household (unless member of household is a minor);
. . .
(9) A person or entity with whom, within the past twelve (12) months:
a. The official or employee, or his or her spouse, directly or indirectly has:
1. Solicited an offer of employment for which the application is still pending;
2. Received an offer of employment which has not been rejected; or
3. Accepted an offer of employment; or
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b. The official or employee, or his or her spouse, directly or indirectly engaged in
negotiations pertaining to business opportunities, where such negotiations are pending
or not terminated.
Seattle, Washington:
A covered individual may not engage in any of the following acts:
A. Disqualification from acting on City business
1. Participate in a matter in which any of the following has a financial interest,
except as permitted by Section 4.16.071:
a. The covered individual;
b. An immediate family member of the covered individual;
c. An individual residing with the covered individual;
d. A person the covered individual serves as an officer, director, trustee,
partner, or employee;
e. A person with whom the covered individual is seeking or has an
arrangement concerning future employment.
2. Participate in a matter in which a person who employed the covered individual in
the preceding 12 months, or retained the covered individual or the covered individual's
firm or partnership in the preceding 12 months, has a financial interest; provided,
however, that the Executive Director shall waive this subsection 4.16.070.A.2 when:
a. The covered individual's appointing authority or the authority's designee
makes a written determination that there is a compelling City need for the
covered individual to participate in a matter involving a prior employer or client,
and submits that determination with a written plan showing how the authority will
safeguard the City's interests, and
b. The Executive Director determines that the authority's plan is satisfactory.
3. Perform any official duties when it could appear to a reasonable person, having
knowledge of the relevant circumstances, that the covered individual's judgment is
impaired because of either (a) a personal or business relationship not covered under
subsection 4.16.070.A.1 or 4.16.070.A.2, or (b) a transaction or activity engaged in by
the covered individual. . . .