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HomeMy WebLinkAbout2010-09-13 10-304 ORDINANCECOUNCIL ACTION Item No. P h O 4 Date: September 13, 2010 Item/Subject: ORDINANCE, Amending Chapter 33, Code of Ethics, of the Code of the City of Bangor - §33-11. Conflicts of Interest Responsible Department: Legal Commentary: This ordinance amendment will change the requirements of what a City Councilor, Board member or commission member is to do once it is determined that he or she have a conflict of interest. Under the current provision that individual is to either remove himself or herself from the room or to an area of the room occupied by the general public. This amendment will not allow the person to remain in the room. The amendment also makes clear that the individual who has been determined to have a conflict shall not be present for action on that item until the item has been finally resolved. Department Head Manager's Com'ments: i�/%l/ kf 42,117tWWIMM IW/ r f" Interim City Manage Associated Information: Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for Passage 7First Reading/0Page _ of _ _/ Referral]�i �f m� 1C r Z� SAD ar�cb�p 10, ";04 Assigned to Councilor - Nealley September 13, 2010 CITY OF BANGOR ED. (TITLE.) Ordinance, Amending Chapter 33, Code of Ethics, of the Code of the City of Bangor — §33-11. Conflicts of interest NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CM OF BANGOR THAT, §33-11. Conflicts of interest. A. Unchanged. B. Unchanged. C. Unchanged. D. Avoidance of appearance of conflict. To avoid the appearance of a violation of this section, once any individual City Councilor, board member or commission member is determined to have a conflict of interest in respect to any agenda item and once all conflict of interest questions relating to the agenda item concerned have been determined as provided in Subsection C above, said individual shall immediately remove himself or herself from the meeting room -- '-- 14-- areea ef the reem eceupied-10—T, the general publie. He or she shall not return to his or her regular seat as a member of the body until deliberation and action on the item is completed. If the item has not been finally resolved when the conflict of interest is first determined said individual shall not be present for any subseguent action on thg agenda item. Nothing herein shall require an individual Councilor, board member or commission member to remove himself or herself for any item contained on a consent agenda on which there is no deliberation, the individual's conflict has been determined by the other members and the right to abstain from voting on the item has been granted. E. Unchanged. Note: Deletions are struelt thi;eugh. Additions are underlined. IN CITY COUNCIL September 13, 2010 First Reading and Referral to Government Operations Committee On September 28, 2010 at 5pm 1 IN CITY COUNCIL October 13, 2010 Motion Made and Seconded for Passage Motion Doubted Vote: 6-3 Councilors Voting Yes: Blanchette, Haves, Nealley, Palmer, Stone & Wheeler Councilors Voting No: Bronson, Gratwick & Weston Passed S�Z� 'Y t �r.... CITY CLERK ��4ry nunrNANCE {T1TLEng Chapter 33, Code of the Code of the'City of Bango 3-11. Conflicts of Interest Assigned to MEMORANDUM To: Government Operations Committee From: Norman S. Heitmann, III, City Solicitor Date: September 24, 2010 Re: Ethics Ordinance — Conflicts of Interest Currently Section 33-11 of the City's Code of Ethics requires that when a City Councilor, Board member or commission member is determined to have a conflict of interest, he or she is to either remove himself or herself from the room or to an area of the room occupied by the general public. The proposed amendment removes the option of staying in the room in an area occupied by the public, and instead requires the person to leave the room. The amendment also make clear that once the person has been determined to have a conflict he or she shall not be present for action on that item until the item has been finally resolved. This amendment was reviewed and recommended by the City's Ethic's Committee.