O-2019-3758 Adopted Rules of Procedure for City Council Meetings

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before the planning and zoning commission involving land use or development. This subsection does not apply to members representing their interests in their own property. (F)Prohibited use of city position. A city official or employee shall not use his or her position to unfairly advance or impede private interests, or to grant or secure, or attempt to grant or secure, for any person (including himself or herself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. A city official or employee who represents to a person that the official or employee may provide an advantage or impediment to the person based on the official's or employee's office or position violates this rule. Section 5. Contracts with city; eligibility for appointment or election to office. (A)No member of the city council and no city employee shall have a financial interest in the sale to the city of any land, materials, supplies or service, outside of the person's position with the city. Any person having an interest shall be ineligible for election as a city council member or appointment as a city employee, and any city council member or city employee who acquires an interest shall forfeit the office or employment. Any violation of this subsection with the actual or constructive knowledge of the city council member or employee shall render the contract voidable by the city manager or the city council. (B)In subsection (a) of this section and in subsection 2.425(c), the term "sale to the city'' includes a sale to city-sponsored entities and organizations subject to substantial control by the city in one or more of the following respects: (1)All or a majority of the governing body of the entity or organization is appointed by the city council; (2)The city provides more than one-half of the operating funds of the entity or organization; (3)The city has approval authority over purchasing decisions made by the entity or organization; (4)The city has approval authority over bonds or other indebtedness issued by the entity or organization; or (5)The city has approval authority over the budget of the organization. (C)This section does not apply to acquisition of property by the city as a result of eminent domain proceedings or the threat of eminent domain proceedings. 13