2.06.045 Procedure for declaring potential conflict of interest – Borough officials.
A. A borough official who has or may have a substantial financial interest or personal interest in an official action shall disclose the facts concerning that interest to the body of the borough of which the official is a member prior to the body taking any official action. Any member of the body may raise a question concerning another member’s financial or personal interests, in which case the member in question shall disclose relevant facts concerning the official’s interests in the subject of the action.
B. If the official is a borough assembly member, the mayor or the deputy mayor in the absence of the mayor, shall rule on whether the assembly member must be excused from participation or must participate. The ruling may be immediately overridden by a majority vote of the borough assembly. There is no appeal from the action or inaction of the borough assembly to override or not override the ruling of the mayor.
C. If the official is not a borough assembly member, the official may excuse themselves without a vote for conflict of interest, otherwise the board, commission, or other body of which the official is a member shall by majority vote rule on whether the member must be excused from participation. There is no appeal from the ruling of the body.
D. The official shall abide by the ruling. If the official is not a borough assembly member, the ruling applies (without the need for further disclosures and rulings) to all subsequent occasions on which the same official action comes before the same body, unless there has been a material change of circumstances. On each such subsequent occasion, the presiding officer shall note for the minutes that the ruling previously made continues in effect.
E. An official who is ruled to be excused from participation shall leave the official table and not vote, debate, testify, or otherwise take part in the official action, except an official who is an applicant may testify on his or her own behalf from the public testimony area.
F. Rule of Necessity. Exceptions to a ruling excusing a member from participation shall be made in cases where:
1. By reason of being excused for conflicts of interest the number of members of the assembly or other body eligible to vote is reduced to less than the minimum number required to approve the official action;
2. No other body of the borough has jurisdiction and authority to take the official action on the matter; and
3. The official action cannot be set aside to a later date, within a reasonable time, when the body could obtain the minimum number of members to take action who are not excused for conflicts of interest.
When the body determines this exception applies, then all members, except the applicant when the applicant is a member of the body, shall participate in the official action. (Ord. 17-10-481 § 4)