Restrictions on Participation in City Matter   

Art. 8, § 6-6 to § 6-10

General Prohibition

A public servant must disqualify themselves from a City matter/role if:

• “they have an interest in the matter/role;”
• they have a “ disqualifying relative” with an “interest ” in the matter/role; OR
• they (or their “disqualifying relative”) are affiliated with a “business entity” that is a party to the matter, including having a financial interest in, employment or potential employment arrangement with, or existing position with (such as a partner, officer, director, trustee, employee, or agent), or a direct and/or substantial credit obligation to the business entity.

Former Lobbyists

Former lobbyists may not participate in a City case, contract, or other specific matter as an official for 1 calendar year after the termination of their lobbyist registration, if they were lobbying, on/for the matter during their time as lobbyists. 

Exception: Former lobbyists may still generally participate as board members.

Exceptions

Exemptions

The restrictions outlined above do not apply if the public servant’s involvement:

• Is allowed by a rule, regulation, or advisory opinion of the Ethics Board;
• Satisfies requirements for certain industry representation on boards; or
• Is a purely “ministerial” activity – i.e., the role does not influence or affect any decision-making related to the matter involved.

Permitted Participation Despite Conflict of Interest

Despite disqualifying conflicts, a public servant may still be able to participate if:

• Disqualification would leave a board or other body with less than a quorum capable of acting;
  • The public servant is required by law to act; or
  • The public servant is the only individual authorized to act.

A public servant must disclose the conflict to the public and the Ethics Board prior to participation.

Service on City’s Behalf

These restrictions do not apply to a public servant serving as a trustee or director of a business entity doing business with or regulated by the City as long as:

• The City has an economic or programmatic interest in the entity; and
• The public servant:
  • Serves as part of their official City duties, at the direction of their agency;
  • Receives no money or other payments for their service; and
  • Does not participate in any matter in which the public servant or any “disqualifying relative” has a “financial interest.”