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City Council <br /> Special Meeting Minutes <br /> February 24, 2014 <br /> Page 6 of 11 <br /> a) Immediately and publicly disclose the nature and extent of the <br /> interest. <br /> b) Not participate in discussion or decision <br /> c) Leave the room <br /> d) Don't vote <br /> 3. Disclosure/nonparticipation requirements apply to any matter in which an <br /> official/employee has an interest. <br /> 4. Disclosure/nonparticipation process for such matters <br /> a) Don't participate in any discussion with City Council, other public <br /> body or any employee involved in the action. <br /> b) Don't attempt to influence publicly or privately, City Council, the <br /> public body or any employee involved in the action. <br /> 5. Disclosure/nonparticipation requirements when the interest of a competitor <br /> of an official/employee is involved. <br /> 6. Disclosure/nonparticipation process for such matters: <br /> a) Don't participate in any discussion with City Council, other public <br /> body or any employee involved in the action. <br /> b) Don't attempt to influence publicly or privately, City Council, the <br /> public body or any employee involved in the action. <br /> City Attorney Light explained if an elected official is a contractor and wants to do <br /> business with the City, a disclosure is made in an open meeting and the official <br /> leaves the room, but there is still the burden not to influence anyone publicly or <br /> privately. <br /> Special Counselor Krob discouraged Council members from contracting for City <br /> business. The public rarely has all the facts and public perception will likely be <br /> that the contract is unethical. He suggested looking at such situations both <br /> subjectively and objectively and then making a decision. City Manager Fleming <br /> explained sometimes the public does not have all the facts if it the issue has only <br /> been discussed in an executive session. <br /> Special Counselor Krob explained there is an exception whereby a member of <br /> the governing body may vote notwithstanding his or her personal or private <br /> interest if the disclosure is made pursuant to Section 24-189-110, C.R.S., which <br /> requires disclosure in writing to the Secretary of State prior to taking official <br /> action. He did not recommend taking such action. <br /> COUNCIL QUESTIONS <br /> A Council member inquired what would happen if a Council member disqualifies <br /> him/herself on an item and the vote is 3-3. Special Counselor Krob stated if it is <br /> a tie and the motion would fail. The Council member who disclosed a conflict of <br /> interest cannot vote to break the tie. That individual may be present to establish a <br /> quorum, but cannot vote. <br />