HomeMy WebLinkAbout2017-10-11 17-365 ORDINANCETitle, Ordinance
17-365 08/11/2017
CITY COUNCIL ACTION
Council Meeting Date: October 11, 2017
Item No: 17-365
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Amending Chapter 33, Code of Ethics, By Adding Section 33-11.1 Abstention — Exercising the Right to Abstain
Summary
This ordinance would amend the Code of Ethics to add a provision that a Councilor, board member or commission
member may abstain from voting on an item if he or she believes that they have a special or financial interest.
The decision to abstain is subject to a council vote if the Council, board or commission believes that the reason is
not a conflict of interest.
The City's Ethics ordinance presently provides that the Council, board or commission may vote on whether its
member has a conflict of interest. This amendment provides another means by which a Councilor, board member
or commission may raise the issue of whether he or she should vote on a matter.
Committee Action
Committee:
Action:
Government Operations Committee Meeting Date: October 2, 2017
Staff Comments & Approvals
For:
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City Manager City Solicitor
Introduced for: First Reading and Referral
Against:
Finance Director
CITY COUNCIL ORDINANCE
Date: October 11, 2017
Assigned to Councilor: Tremble
17-365 08/11/2017
ORDINANCE, Amending Chapter 33, Code of Ethics, By Adding Section 33-11.1 Abstention — Exercising the
Right to Abstain
WHEREAS, the City's Ethics ordinance provides that the Council, board or commission may vote on whether
its member has a conflict of interest; and
WHEREAS, a Councilor, board member or commission member should be allowed to abstain, subject to
Council, board or commission approval, when he or she believes that there is a conflict of interest.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 33 of the Code of the City of Bangor be amended as follows:
By adding the following:
6 33-11.1 Abstention — Exercising the Right to Abstain
Any City Councilor, board member or commission member who believes that he or she or a member
of his or her immediate family has a special or financial interest, other than an interest held by the
public generally, in any agenda item before his or her collective body may, after disclosure of the
nature and extent of such interest,, publicly state his or her intent to abstain from participation in the
deliberation or vote, or otherwise taking part in the decision making process on the agenda item.
However, the City Council, board, or commission may by motion and vote determine that there is no
conflict and that the City Councilor, board member or commission member shall not be permitted to
abstain from participating and voting on the agenda item.
Additions are underlined, deletions struck h.
IN CITY COUNCIL
OCTOBER 11, 2017
COr 17-365
FIRST READING
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CITY CLERK
IN CITY COUNCIL
OCTOBER 23, 2017
COr 17-365
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 6-2
COUNCILORS VOTING YES: FAIRCLOTH, NEALLEY, NICHOLS, PERRY,
SPRAGUE, BALDACCI
COUNCILORS VOTING NO: GRAHAM, WESTON,
PASSED
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CITY CLERK