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the public body or any employee involved in the action. (LCOE <br />Section 5- 10(d)) <br />State statute regarding disclosure /nonparticipation: <br />General rule: A member of the governing body who has a <br />personal or private interest in any matter proposed or pending <br />before the governing body shall: <br />- Not vote, and <br />- Not attempt to influence the votes of other members of the <br />governing body. C.R.S. 31 -4- 404(2) <br />Exception: A member of the governing body may vote <br />notwithstanding his or her personal or private interest if: (1) <br />such member's participation is necessary to achieve a quorum <br />or otherwise enable the body to act, and (2) disclosure is made <br />pursuant to Section 24 -18 -110, C.R.S. (Which requires <br />disclosure in writing to the Secretary of State prior to taking <br />official action. C.R.S. 31 -4- 404(3). <br />C.R.S. 24 -18 -110 provides for voluntary disclosure by a local <br />government official or employee of the nature of his private <br />interest prior to acting in a manner that may impinge upon his <br />fiduciary duty and the public rust. Proper disclosure is an <br />affirmative defense to "any civil or criminal action or any other <br />sanction." <br />Proper disclosure under C.R.S. 24 -18 -110: <br />- Must be in writing, to the Secretary of State <br />- Must include: <br />Amount of financial interest, if any <br />Purpose and duration ofservices rendered, if any, <br />Compensation received for services, or <br />Such other information as is necessary to <br />describe" the interest <br />Page 9 of 26 <br />