15A.2 - CONFLICTS OF INTEREST.
15A.2 CONFLICTS OF INTEREST.
1. a. If a member of the governing body of a city or county
or an employee of a state, city, or county board, agency, commission,
or other governmental entity of the state, city, or county has an
interest, either direct or indirect, in a private person for which
grants, loans, guarantees, tax incentives, or other financial
assistance may be provided by the governing board or governmental
entity, the interest shall be disclosed to that governing body or
governmental entity in writing. The member or employee having the
interest shall not participate in the decision-making process with
regard to the providing of such financial assistance to the private
person.
b. Employment by a public body, its agencies, or institutions
or by any other person having such an interest shall not be deemed an
indicia of an interest by the employee or of any ownership or control
by the employee of interests of the employee's employer.
c. The word "participate" or "participation" shall be
deemed not to include discussion or debate preliminary to a vote of a
local governing body or agency upon proposed ordinances or
resolutions relating to such a project or any abstention from such a
vote.
d. The designation of a bank or trust company as depository,
paying agent, or agent for investment of funds shall not be deemed a
matter of interest or personal interest.
e. Stock ownership in a corporation having such an interest
shall not be deemed an indicia of an interest or of ownership or
control by the person owning the stocks when less than five percent
of the outstanding stock of the corporation is owned or controlled
directly or indirectly by that person.
f. The phrase "decision-making process" shall not be
deemed to include resolutions advisory to the local governing body or
agency by any citizens group, board, body, or commission designated
to serve a purely advisory approving or recommending function for
economic development.
2. A violation of a provision of this section is misconduct in
office under section 721.2. However, a decision of the governing
board or governmental entity is not invalid because of the
participation of the member or employee in the decision-making
process or because of a vote cast by a member or employee in
violation of this section unless the participation or vote was
decisive in the awarding of the financial assistance. Section History: Recent Form
87 Acts, ch 183, § 3; 88 Acts, ch 1134, § 12; 94 Acts, ch 1008,
§16; 2008 Acts, ch 1032, §125