§ 1992. Conflicts of interest
(a) Duty to avoid conflicts of interest. In the municipal officer’s official capacity, the officer shall avoid any conflict
of interest or the appearance of a conflict of interest. The appearance of a conflict
shall be determined from the perspective of a reasonable individual with knowledge
of the relevant facts.
(b) Recusal.
(1) If a municipal officer is confronted with a conflict of interest or the appearance
of one, the officer shall immediately recuse themselves from the matter, except as
otherwise provided in subdivisions (2) and (5) of this subsection, and not take further
action on the matter or participate in any way or act to influence a decision regarding
the matter. After recusal, an officer may still take action on the matter if the officer
is a party, as defined by section 1201 of this title, in a contested hearing or litigation and acts only in the officer’s capacity as
a member of the public. The officer shall make a public statement explaining the officer’s
recusal.
(2)(A) Notwithstanding subdivision (1) of this subsection (b), an officer may continue to
act in a matter involving the officer’s conflict of interest or appearance of a conflict
of interest if the officer first:
(i) determines there is good cause for the officer to proceed, meaning:
(I) the conflict is amorphous, intangible, or otherwise speculative;
(II) the officer cannot legally or practically delegate the matter; or
(III) the action to be taken by the officer is purely ministerial and does not involve substantive
decision-making; and
(ii) the officer submits a written nonrecusal statement to the legislative body of the
municipality regarding the nature of the conflict that shall:
(I) include a description of the matter requiring action;
(II) include a description of the nature of the potential conflict or actual conflict of
interest;
(III) include an explanation of why good cause exists so that the municipal officer can
take action in the matter fairly, objectively, and in the public interest;
(IV) be written in plain language and with sufficient detail so that the matter may be
understood by the public; and
(V) be signed by the municipal officer.
(B) Notwithstanding subsection (A) of this subdivision (2), a municipal officer that would
benefit from any contract entered into by the municipality and the officer, the officer’s
immediate family, or an associated business of the officer or the officer’s immediate
family, and whose official duties include execution of that contract, shall recuse
themselves from any decision-making process involved in the awarding of that contract.
(C) Notwithstanding subsection (A) of this subdivision (2), a municipal officer shall
not continue to act in a matter involving the officer’s conflict of interest or appearance
of a conflict of interest if authority granted to another official or public body
elsewhere under law is exercised to preclude the municipal officer from continuing
to act in the matter.
(3) If an officer’s conflict of interest or the appearance of a conflict of interest concerns
an official act or actions that take place outside a public meeting, the officer’s
nonrecusal statement shall be filed with the clerk of the municipality and be available
to the public for the duration of the officer’s service plus a minimum of five years.
(4) If an officer’s conflict of interest is related to an official municipal act or actions
considered at a public meeting, the officer’s nonrecusal statement shall be filed
as part of the minutes of the meeting of the public body in which the municipal officer
serves.
(5) If, at a meeting of a public body, an officer becomes aware of a conflict of interest
or the appearance of a conflict of interest for the officer and the officer determines
there is good cause to proceed, the officer may proceed with the matter after announcing
and fully stating the conflict on the record. The officer shall submit a written nonrecusal
statement pursuant to subdivision (2) of this subsection within five business days
after the meeting. The meeting minutes shall be subsequently amended to reflect the
submitted written nonrecusal statement.
(c) Authority to inquire about conflicts of interest. If a municipal officer is a member of a public body, the other members of that body
shall have the authority to inquire of the officer about any possible conflict of
interest or any appearance of a conflict of interest and to recommend that the member
recuse themselves from the matter.
(d) Confidential information. Nothing in this section shall require a municipal officer to disclose confidential
information or information that is otherwise privileged under law. (Added 2023, No. 171 (Adj. Sess.), § 22, eff. January 1, 2025.)