6-20-205 - Powers of board Conflict of interest.
6-20-205. Powers of board Conflict of interest.
(a) The legislative and all other powers, except as otherwise provided by this charter, are delegated to and vested in the board of commissioners. The board may by ordinance or resolution not inconsistent with this charter prescribe the manner in which any powers of the city shall be exercised, provide all means necessary or proper therefor, and do all things needful within or without the city or state to protect the rights of the city.
(b) (1) Any member of a local governing body of a county or a municipality who is also an employee of such county or municipality may vote on matters in which such member has a conflict of interest if the member informs the governing body immediately prior to the vote as follows:
Because I am an employee of (name of governmental unit) , I have a conflict of interest in the proposal about to be voted. However, I declare that my argument and my vote answer only to my conscience and to my obligation to my constituents and the citizens this body represents.
(2) In the event a member of a local governing body of a county or a municipality has a conflict of interest in a matter to be voted upon by the body, the member may abstain for cause by announcing such to the presiding officer. Any member of a local governing body of a county or municipality, who abstains from voting for cause on any issue coming to a vote before the body shall not be counted for the purpose of determining a majority vote.
(3) The vote of any person having a conflict of interest who does not inform the governing body of such conflict as provided in subdivision (b)(1) shall be void if challenged in a timely manner. As used in this subdivision (b)(3), timely manner means during the same meeting at which the vote was cast and prior to the transaction of any further business by the body.
(4) Nothing in this subsection (b) shall be construed as altering, amending or otherwise affecting the provisions of § 12-4-101(a). In the event of any conflict between this subsection (b) and § 12-4-101(a), the provisions of § 12-4-101(a) shall prevail.
[Acts 1921, ch. 173, art. 4, § 5; Shan. Supp., § 1997a137; Code 1932, § 3534; T.C.A. (orig. ed.), § 6-2016; Acts 1986, ch. 765, §§ 1-3.]