Vermont § 133 - Conflicts of interest

§ 133. Conflicts of interest

• (a) No City officer shall participate in any fashion or cast a vote on any matter in which
  either a direct or indirect conflict of interest is present. Nor shall a City officer
  participate or vote on any question in which such participation or vote would reasonably
  create in the mind of an objective person the appearance of a direct or indirect conflict
  of interest. The presence of a circumstance as above enumerated shall be regarded
  as a conflict of interest situation. In the event a conflict of interest situation
  arises, the affected City officer shall at the first opportunity formally declare
  the existence of the conflict of interest situation. Thereafter, such officer shall
  not participate in any fashion at any level, formally or informally, in the discussion
  of the matter, nor cast a vote of any kind at any level with respect to the matter
  to which the conflict of interest situation applies. For the purposes of this section,
  the following definitions shall be applicable: (1) “Direct Conflict of Interest” shall mean a situation in which the City officer has
  a direct and immediate financial interest in a matter that is officially before such
  officer or before a board of which such officer is a member. Such financial interest
  shall be regarded as present if the City officer is either the self-proprietor of
  the organization seeking to do business with the City or an officer, partner, professional
  associate, shareholder holding at least five percent of the outstanding shares of
  any particular class of shares, director, or managerial employee of such organization.
  It shall also be regarded as present if the City officer serves as legal counsel,
  accountant, architect, or consulting engineer, or has another such professional relationship
  with such organization. For purposes of this subsection, doing business with the City
  shall mean contracting within the City, seeking or opposing a permit or similar permission
  for a particular activity, seeking or opposing a legal enactment or some amendment
  thereof, soliciting employment with the City, or otherwise requesting some status,
  right, or benefit from the City that has a financial value. Doing business with the
  City shall not include supporting or opposing the passage of a legislative measure
  unless such measure relates substantially to the City officer’s business or business
  organization rather than to a broad scope of private and public interests that may
  include the private financial interests of the City officer. (2) “Indirect Conflict of Interest” shall mean a situation in which the City officer is
  a spouse, parent, child, brother, sister, grandparent or grandchild, uncle, aunt,
  niece, nephew, or first or second cousin of an individual who would have a direct
  conflict of interest were such City officer involved in the situation. (3) “City Officer” shall mean the Mayor, a member of the City Council, a member of the
  Board of School Commissioners, a commissioner appointed by the City Council with Mayor
  presiding, a superintendent or corresponding department head of a City department,
  or any City official who is appointed by the Mayor subject to the approval of the
  City Council. (b) The proscribed appearance of a conflict of interest shall be deemed to be present
  when either the City officer formally announces the existence of such or two-thirds
  of the whole number of the City Council, or in the case of a City officer in the School
  Department two-thirds of the whole number of the Board of School Commissioners, shall
  vote in a particular situation that such a conflict of interest situation exists for
  a particular City officer. In such a proceeding, the Mayor shall preside and vote
  as a member of the City Council, but no City Council or School Board member shall
  participate or vote if such officer is the subject of the discussion as to whether
  a conflict of interest situation exists. (c) Any City officer who violates the provisions of this section shall be regarded as
  guilty of bad conduct. City officers other than the Mayor, members of the City Council,
  and members of the Board of School Commissioners shall be subject to removal or suspension
  in accordance with the procedures set out in this City charter and applicable State
  statutes. The Mayor or a member of the City Council shall be subject to official censure
  upon affirmative vote of two-thirds of the whole number of the City Council with the
  Mayor presiding and voting as a member thereof. A member of the Board of School Commissioners
  shall be subject to official censure upon the affirmative vote of two-thirds of the
  whole number of such Board. Provided, neither the Mayor, a member of the City Council,
  nor a member of the Board of School Commissioners shall participate in such discussion
  and vote if such individual is the subject of the discussion. (d) While not proscribed by the precise requirements of this section, a City officer is
  also requested to consider declaring a conflict of interest situation and not participating
  in any matter where as a result of close personal friendship with an applicant or
  for any other reason unrelated to the merits of the matter, the City officer is not
  able to consider the matter at issue without being influenced and guided by such friendship
  or other reason unrelated to the merits of the matter. Further, a City officer who
  holds less than five percent of the shares of any particular class of shares in any
  organization seeking to do business with the City is also requested to declare his
  or her ownership of such shares when voting on a matter in which he or she would have
  a conflict of interest if the percentage of ownership were five percent or greater.