Section 2-450 Absention and Disclosure FormSUPPLEMENTAL ABSTENTION AND DISCLOSURE
REQUIREMENT: SEC. 2-450
Sec. 2-450. Disclosure of interest in/relationship with business entity.
(a) (1) If a public officer or employee of the city directly or indirectly (via participation in
any type of business entity) has or holds any employment or contractual relationship with
any other business entity which the officer or employee knows or with the exercise of
reasonable care should know, is doing business with the city, and which relationship is
otherwise permissible under state and county ethics law, he/she shall file a sworn
statement with the city clerk disclosing, (consistent with relevant privilege exemptions)
the specific nature of employment and interest in such business entity as well as
commencement date of the subject employment or contractual relationship and (if
applicable) term of such relationship. The city clerk shall publish logs on a quarterly
basis reflecting the disclosure forms referenced herein.
(2) If a member of the city commission establishes a business relationship with any
person or business entity within 12 months after a city commission vote, which vote the
city commission member knows directly benefits that person or business entity, the
subject member of the city commission shall disclose any such business relationship in
writing to the city clerk within 15 days after the business relationship is established.
(b) Definitions.
Business entity means any corporation, partnership, limited partnership, proprietorship,
firm, enterprise, franchise, association, self-employed individual, or trust, whether
fictitiously named or not.
Business relationship, for purposes of subsection (a)(2) above, shall mean that a
member of the city commission has a relationship with a person or business entity
wherein:
(1) The person/business entity is a customer of the member of the city commission (or
of his/her employer) and transacts more than $10,000.00 of the business of the member
of the city commission (or of his/her employer) in the 12-month period immediately after
the subject vote; or
(2) The member of the city commission (or his/her employer) is a customer of the
person/business entity and transacts more than $10,000.00 of the business of the
person/business entity in the 12-month period immediately after the subject vote.
(3) The $10,000.00 threshold referenced hereinabove shall be adjusted annually to
reflect increases in the Consumer Price Index.
Contractual relationship shall exclude situations in which a person's shareholder interest
in a publicly traded company is less than five percent.
(c) Regardless of the requirements of subsection (a) hereinabove, the validity of any
action or determination of the city commission or city personnel, board or committee
shall not be affected by the failure of any person to comply with said disclosure
provisions.
SUPPLEMENTAL ABSTENTION AND DISCLOSURE
REQUIREMENT: SEC. 2-450
TYPE OF MEETING:
DATE OF MEETING: AGENDA ITEM #:
NAME OF PUBLIC OFFICER/CITY EMPLOYEE DISCLOSING:
(FILL OUT APPLICABLE DISCLOSURE INFORMATION BELOV~
MB City Code section 2-4501a)11)': This Section requires the disclosure of the existence of any
employment or contractual relationship, direct or indirect, with any business entity (as defined in
attached Ordinance) which the public officer or employee knows or with the exercise of
reasonable care should know, is doing business with the City, and which relationship is otherwise
permissible under state and county ethics law--this disclosure must state the specific nature of
employment and interest in such business entity as well as commencement date of the subject
employment or contractual relationship and (if applicable) term of such relationship.
MB City Code section 2-4501a)12): This Section requires the disclosure by a member of the City
Commission of the existence of a business relationship with any person or business entity within
12 months after a City Commission vote, which vote the City Commission member knows directly
benefits that person or business entity--this disclosure shall state the business relationship, the
person or business entity directly benefitted by the vote, and the nature of the benefit.
This disclosure shall be filed with the City Clerk within 15 days after the subject business
relationship is established.
SIGNATURE OF CITY PUBLIC OFFICER
/CITY EMPLOYEE
DATE
Per City Code section 2.450(a)(1): "The city clerk shall publish logs on a quarterly basis
reflecting the disclosure forms referenced herein.
DiscCodeSec2-450.doc