1-16-8: CONFLICT OF INTEREST - TOWN OFFICER:
A. A town officer shall not vote on any question or participate in the discussion by the body of which the town officer is a member with respect to any question as to which the member has a substantial personal or financial interest as determined by majority of the body.
B. For the purpose of this section, and section 5.7 of the Breckenridge town charter, a town officer has a "substantial personal or financial interest" with respect to a particular question if a majority of the body determines that the body's final decision on the question would have a:
1. Reasonably foreseeable;
2. Material; and
3. Beneficial financial effect,
distinguishable from its effect on the public generally, on:
1. The town officer, or his or her immediate family;
2. Any business in which the town officer, or a member of his or her immediate family, has an investment or owns a ten percent (10%) or greater interest;
3. Any real property in which the town officer, or a member of his or her immediate family, has an interest;
4. Any source of income of the town officer, or a member of his or her immediate family; or
5. Any business of which the town officer, or a member of his or her immediate family, is a director, officer, partner, trustee, employee, independent contractor, or holds any position of management.
C. A town officer does not have a conflict of interest with respect to any matter determined by the body to involve the common public interest. For members of the town council, examples include the adoption of the town's budget, adoption of general land use regulations, the formation of a special or local improvement district within which the town officer owns real property, the imposition of taxes, the authorization of bonds, and similar actions.
D. A town officer who may have a conflict of interest on a particular matter shall disclose the potential conflict of interest to the body before it begins its consideration of the matter. Any other member of the body who believes a town officer may have a conflict of interest may bring the issue to the attention of the body before it begins its consideration of the matter.
E. A town officer who may have a conflict of interest on a particular matter is entitled to be heard by the body on the issue before the body determines whether a conflict of interest exists; however, the town officer may not vote with respect to the question of whether he or she has a conflict of interest.
F. The body's determination of whether a conflict of interest exists is final and conclusive for all purposes, but the affected town officer may request the body to reconsider its determination for the purpose of presenting additional relevant facts. Whether to reconsider its determination lies in the sound discretion of the body.
G. If a town officer is determined to have a conflict of interest on a particular matter:
1. The town officer may not attempt to influence other members of the body in connection with the matter;
2. Except as provided in subsection H of this section, the town officer may not vote upon the matter; and
3. The town officer shall leave the council chambers during the body's discussion and action on the matter, and may return only when the body has taken up the next agenda item.
H. Notwithstanding subsection G2 of this section, a town officer may vote upon a matter as to which he or she has a conflict of interest if:
1. His or her participation is necessary to obtain a quorum or to otherwise enable the body to act; and
2. Not later than seventy two (72) hours before voting the town officer gives written notice to both the Colorado secretary of state and the body. The notice shall clearly state the nature of his or her conflict of interest.
Exception: This subsection H shall not be applied to permit a town council member to vote to approve a contract in which he or she has a personal interest. (Ord. 24, Series 2014)