09/20/1978 Meeting - Laserfiche WebLink

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and "tangible" definitions, she said substantial would have to be viewed in its context, while tangible would be defined by the dictionary. She e said it would require almost a case-by-case decision using the definition of terms as outlined in the ordinance. Mr. Delay felt there was an ambiguity in the definition of pecuniary interest, and in the prohibiting of contracting versus voting behavior. He further explained he felt the City should not be contracting with any firm in which a City Council member has a direct interest, and he felt as he read Subsections 2 and 3 there was some ambiguity. In subse- quent discussion, Ms. Benjamin indicated she could redraft the ordinance and reorder the sections to take care of Mr. Delay's concern. Mr. Williams suggested perhaps allowing the use of the "de minimus" principle in the ordinance wherein small purchases by the City could be allowed by firms in which City Councilors had some interest. Ms. Benj ami n said the State statutes require a Councilor to declare a conflict. She noted again it was unlawful for a Councilor to use his position for a personal gain. She felt through changing the Charter language, the problem could be handled. Individual cases were discussed, with Ms. Benjamin giving clarification. In one instance, she indicated the City could purchase with a business in which a City Councilor is employed, if that Councilor is not a stock- holder and a purchase would not have a direct impact on the Councilor's sal ary. - Mr. Obie raised a concern in which either he or Mr. Williams' businesses might contract with the City, and each of the Councilors might be unaware of that. He felt there needed to be some language to clarify the City has an obligation to inform the Councilor if it is going to do business with one of the Councilor's firms. Manager said the City does have a prohibitive vendors' list; however, that list is to be completed after Council's discussion and action on this ordinance. Ms.. Benjamin noted it was possible that Councilors may own a small share of stock in some businesses with which the City might contract, such as IBM or Shell Oil. However, she noted the return on those stocks would be too small to count. It was suggested that perhaps the City Manager's office be supplied a copy of the Councilors' filing with the Ethics Commission in order to provide information as to their interest in various companies and businesses. The ordinance will be redrafted and brought back to Council Wednesday, September 27th. Upon motion duly made, seconded, and passed, the meeting was adjourned to ~5'j~ harl es T. Henr Ci ty Manager 4' CTH:OT:pm/CM23alO 9/20/78--9 b31