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(a) Prohibition. No officer or employee of the City and County shall knowingly vote on or attempt to influence a governmental
<br />decision involving his or her own character or conduct, or his or her appointment to any office, position, or employment.
<br />(b) Exceptions. Nothing in this Section shall prohibit an officer or employee from (i) responding to allegations, applying for an office,
<br />position, or employment, or responding to inquiries; or (ii) participating in the decision of his or her board, commission, or committee
<br />to choose him or her as chair, vice chair, or other officer of the board, commission, or committee.
<br />(Added by Proposition E, 11/4/2003)
<br />SEC. 3.212. DECISIONS INVOLVING FAMILY MEMBERS.
<br />(a) Prohibition. No officer or employee of the City and County may make, participate in making, or otherwise seek to influence a
<br />decision of the City and County regarding an employment action involving a relative. Nothing in this Section shall prohibit an officer
<br />or employee from acting as a personal reference or providing a letter of reference for a relative who is seeking appointment to a
<br />position in any City department, board, commission or agency other than the officer or employee's department, board, commission
<br />or agency or under the control of any such department, board, commission or agency.
<br />(b) Delegation. A Department Head who is prohibited under Subsection (a) from participating in an employment action involving a
<br />relative shall delegate in writing to an employee within the department any decisions regarding such employment action.
<br />(c) Definitions. For purposes of this Section, the term "employment action" shall be limited to hiring, promotion, or discipline, and the
<br />term "relative" shall mean a spouse, domestic partner, parent, grandparent, child, sibling, parent-in-law, aunt, uncle, niece, nephew,
<br />first cousin, and includes any similar step relationship or relationship created by adoption.
<br />(Added by Proposition E, 11/4/2003)
<br />SEC. 3.214. DISCLOSURE OF PERSONAL, PROFESSIONAL AND BUSINESS RELATIONSHIPS.
<br />(a) Disclosure. A City officer or employee shall disclose on the public record any personal, professional or business relationship with
<br />any individual who is the subject of or has an ownership or financial interest in the subject of a governmental decision being made
<br />by the officer or employee where as a result of the relationship, the ability of the officer or employee to act for the benefit of the
<br />public could reasonably be questioned. For the purposes of this Section, the minutes of a public meeting at which the governmental
<br />decision is being made, or if the governmental decision is not being made in a public meeting, a memorandum kept on file at the
<br />offices of the City officer or employee's department, board, commission or agency shall constitute the public record.
<br />(b) Penalties. A court may void any governmental decision made by a City officer or employee who fails to disclose a relationship as
<br />required by Subsection (a) if the court determines that: (1) the failure to disclose was willful; and (2) the City officer or employee
<br />failed to render his or her decision with disinterested skill, zeal, and diligence and primarily for the benefit of the City. No other
<br />penalties shall apply to a violation of this Section, provided that nothing in this Section shall prohibit an appointing authority from
<br />imposing discipline for a violation of this Section.
<br />(c) Regulations. The Ethics Commission may adopt regulations setting forth the types of personal, professional and business
<br />relationships that must be disclosed pursuant to this Section.
<br />(Added by Proposition E, 11/4/2003)
<br />CAMPAIGN AND GOVERNMENTAL CONDUCT CODE
<br />ARTICLE III: CONDUCT OF GOVERNMENT OFFICIALS AND EMPLOYEES
<br />CHAPTER 2: CONFLICT OF INTEREST AND OTHER PROHIBITED ACTIVITIES
<br />SEC. 3.216.Gifts.
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