§ 2-345. Conflict of interests.  


Latest version.
  • No board member nor other official or employee, whether paid or unpaid, shall engage in any business or transactions, or shall have a financial or other personal interest, direct, or indirect, which is incompatible with the proper discharge of his official duties in the public interest, or would tend to impair his independence of judgment or action in the performance of his official duties. Personal, as distinguished from financial interest, includes an interest arising from blood or marriage relationships, or close business or political association. Specific conflicts of interest are enumerated below for the guidance of officials and employees:

    (1)

    Incompatible employment. No board member or other official or employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties, or would tend to impair his independence or judgment or action in the performance of his official duties.

    (2)

    Disclosure of confidential information. No board member or other official or employee shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the village, nor shall he use such information to advance financial or other private interests of himself or others.

    (3)

    Gifts and favors. No board member nor other official or employee shall accept any valuable gift, either as an individual or a group, whether such gift be in the form of services, loan, thing or promise, from any person, firm or corporation which, to his knowledge, is interested, directly or indirectly, in any manner whatsoever in business dealings with the village. Nor shall any such official or employee accept any favor, gift, or other thing of value that may tend to influence him in the discharge of his duties, or grant in the discharge of his duties any improper favor, service or thing of value. In addition, any remembrance gift or thing received by any employee or official in his official post, regardless of its value, must be reported on a form provided by the village to the village manager's office.

    (4)

    Representing private interests before the village agencies or courts. No board member or other official or employee whose salary is paid in whole or in part by the village shall appear on behalf of private interests before any agency of the village. He shall not represent private interests in any action or proceedings against the interests of the village in any litigation to which the village is a party. A board member may appear before village agencies on behalf of constituents in the course of his duties as a representative of the electorate, or in the performance of public or civic obligations; however, no board member or other official or employee shall accept a retainer of compensation that is contingent upon a specific action by a village agency.

    (5)

    Contracts with the village.

    a.

    Any board member or official or employee who has a substantial or controlling interest financially in any business entity, transaction or contract with the village or in the sale of real estate, material, supplies or services to the village, shall make known to the proper authorities such interests in any matter on which he may be called to act in his official capacity. He shall refrain from voting upon or otherwise participating in the transaction or the making of such contract or sale.

    b.

    A board member or other official or employee shall not be deemed interested in any contract or purchase or sale of land or other thing of value unless such contract or sale is approved, awarded, entered into or authorized by him in his official capacity.

    (6)

    Disclosure of interest in legislation. A board member who has a financial or other private interest in any legislation shall disclose on the records of the board or other appropriate authority the nature and extent of such interest. This provision shall not apply if the board member disqualifies himself from voting. Any other official or employee who has a financial or other private interest, and who participates in discussion with, or gives an official opinion to the board, shall disclose on the records of the board or other appropriate authority the nature and extent of such interest.

(Prior Code, § 4-1.06)