10.03 - Conflict of Interest Opinion

Home Browse Search

� 3� :. �I�§I.,� , ��k I�� . it wa'�+:+ �7�'� �i' �C '�i'�' „ '�,I Page 3 March 13, 2013 • The nature of the decision, • The nature of the financial decision, • The number of interested officials, • The need for the interested officials to make the decision, and • Other means available—opportunity for xeview. Exam�les of different situatior.s invalving a counci?member's property ownersh�p can help to understand whether a conflict of interest exists. At one extreme is the adoption of a new zoning ordinance or a comprehensive revision of an existing ordinance that may impact all property in the city. In this situation, the councilmember's interest is not personal and he or she should be able to participate. If this was not allowed, such ardinances might never be adopted. At the other extreme is the application for a zoning variance or special use permit that only applies to a councilmember's property. Such a specific, personal interest will likely disqualify the member from participating in the proceedings because the councilmember's own personal interest is so distinct from the public interest that the member cannot fairly represent the public interest. Between these two extremes are those proceedings affecting some lots or parcels, one of which a councilmember owns. In such situations, it is a question of fact whether the councilmember should not vote. If the councilmember does not voluntarily abstain from the proceedings, the City Council must decide whether the member should be disqualified—a decision which is subject to review in the courts if challenged. In many situations where the right to vote is questioned, an interested councilmember should refrain from pa �icipating in order to avoid even the appearance of impropriety. If additional clarification is necessary, please contact me to discuss the situation further.