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Sec. 612

 

The CAP may put a different Conflict of Interest Provision in its bylaws to replace this.

612.   Conflict of Interest Provision of the Citizen Advisory Panel



 

People who stand to acquire personal financial or material gain from City administrative or legislative decisions are held to have a conflict of interest.

a.       For purposes of participation in the CAP, a conflict of interest shall in general exist when a person receives, stands to receive, is seeking, or plans to seek monetary or material gain other than the general services provided all residents or for assistance for educational purposes or low income from any action, operation, or program of the City its agencies, authorities, or units of government or that are under the direction, administration, or determination thereof. In addition, a conflict of interest shall exist where an advantage may be gained for a business interest by disadvantaging a competitive interest.


 

In addition to those who make money from the City, those who already have a hand in controlling process are also considered to have a conflict of interest.  Officials and employees of political parties exert considerable influence and could easily dominate and subvert the intent of the CAP.

b.       The CAP shall implement a Conflict of Interest Provision regulating funding or donations to the CAP and regulating participation in the CAP by: the elected officials, board or commission members, and employees of the City, its agencies, and its units of government; officers, board members and employees of nonprofit organizations in receipt or pending receipt of funding from the City in excess of $1000 per annum or such other amount as may be set in the CAP bylaws; consultants, contractors, suppliers, vendors, and individuals doing business with the City or seeking contracts and employment with the City; litigants with material claims against the City; individuals employed by or holding an elected or appointed office within a political party; registered lobbyists; persons or agents of interests receiving real estate subsidies, tax abatements, tax incremental financing, forgivenesses, or other monetary or material gain as applicable under Sec. 612(a) for their interests in real estate property, except for owner occupied residential properties; individuals having arrangements or associations with the City which may be deemed to constitute a significant financial conflict of interest; and the employees and immediate family members of any of the aforesaid. None of the aforesaid may join or participate in the CAP until and unless allowed by a Conflict of Interest Provision enacted by the CAP as part of its bylaws or as provided in Sec. 611(b)(4).


 

The CAP Conflict of Interest Provision shall address in more detail how such conflicts will be handled.

c.       The CAP Conflict of Interest Provision shall address: the status of the aforesaid; prohibitions of membership and restrictions on participation and funding; responsibility to disclose; situations when there may be participation without vote; the criteria and process for granting waivers; avoiding conflicts of interest in the acceptance of funding or donations; the handling of conflicts of interest which may arise with individual votes or issues for members not otherwise barred from membership; and such other matters and circumstances as may involve conflicts of interests. Furthermore, the aforesaid and their associated organizations as identified herein may not provide funding or donations, either financial or in-kind, to the CAP until and unless a Conflict of Interest Provision addressing contributions is implemented and so allows.


 

Temporary conflicts of interest for seated CAP members require those members recuse themselves during for votes related to the conflict. those with conflicts of interest.

d.       Until such time as addressed in the CAP bylaws' Conflict of Interest Provision, in such instances where a conflict of interest as covered under Sec. 612(a) or (b) should arise for already seated CAP members, such members shall remove themselves from membership or, if the conflict is temporary and limited in nature as determined by the CAP board, shall recuse themselves for any votes related to the conflict.


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