§ 1.15.070. Elected officials—Consultation, representation, and appearance on behalf of private interests on a matter of municipal government.

A.

Dual representation: Dual representation by an elected official can cause a conflict of interest between the discharge of official duties and the representation of the other interest.

1.

Paid representative or consultant: An elected official shall not serve as a paid consultant on a private interest or as a paid representative of any person or entity before a municipal department, administrative agency, utility, or elected or appointed public body of the municipality.

2.

Private interest: By reason of their position, elected officials may appear to have the ability to exercise undue influence. An elected official shall not:

a.

Appear on behalf of any private interest before the school board or the assembly;

b.

Appear on behalf of any person or entity in an adjudicatory matter before an appointed public body of the municipality.

c.

Exceptions to a. and b.:

i.

The elected official, or a member of the elected official's household, is a party or has an ownership interest or a private interest in an adjudicatory matter before the public body; or

ii.

The elected official is appearing at the specific request of the elected or appointed public body. An elected body shall not request the appearance of a member of the elected body under this subsection unless the elected official's participation in the matter pending before the elected body has been properly excused under the procedures of the elected body.

B.

Constituent services: Nothing in this section is intended to prevent an elected official from making verbal or written inquiries on behalf of constituents or the general public or from requesting explanations or additional information, provided that the elected official is not charging a fee for this service.

(AO No. 2017-42 , § 1, 3-21-17)