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A. Where to Seek Advice. Questions about this code, a conflict of interest, or other ethical problems should be presented to the Mayor, Vice Mayor or Town Manager. Public officials may also contact the Town Attorney directly for an opinion on a potential conflict of interest. Requests to the Town Attorney for opinions related to conflicts of interest pursuant to A.R.S. § 38-507 must be kept confidential. The official opinion of the Town Attorney is required to become a public record.

B. How to Declare a Possible Conflict.

1. Sometimes a question of a possible conflict occurs within the course of a meeting. In that situation, it is safest to make a declaration of possible conflict and recuse oneself from participation and voting.

2. If a public official believes that a conflict of interest exists, or a possible conflict, then that official should disclose that fact as soon as possible. The conflict must be disclosed on the meeting minutes for the record. From that point on, the official shall not participate in any manner (by discussing, questioning or voting) in that matter. This action is necessary in the preservation of public trust and avoids any appearance of impropriety.

3. Town Council members should direct questions to the Town Manager, Town Clerk, or Town Attorney regarding the possibility of a conflict of interest. If it is determined that a conflict of interest exists, the official should complete a conflict of interest form provided by the Clerk.

4. If an actual or possible conflict of interest occurs for a board member, commissioner or committee member, the member should contact the staff liaison for that board, commission or committee. If an actual conflict exists, the board member, commissioner or committee member shall complete a conflict of interest form provided by the staff liaison as prescribed in A.R.S. § 38-503.

C. Complaint and Resolution Procedures.

1. Complaints alleging violations of this Ethics Code shall be in writing and filed by the complainant with the Mayor and/or Vice Mayor, unless the Mayor and/or Vice Mayor file the complaint or are named in the complaint. In that event, the complaint shall be filed with the Town Manager or Town Clerk. Any and all documents in support of the complaint shall be attached to the complaint at the time it is filed.

2. Complaints will be reviewed by the Council within sixty (60) days of receipt by the Mayor, Vice Mayor or Town Manager in compliance with the procedures set forth in this section, unless the Council reasonably determines that a longer time period is required.

3. The Town representative overseeing review of the complaint (Mayor, Vice Mayor or Town Manager) may summarily dismiss such complaint if it is determined by that representative to be frivolous or meritless.

4. At least two (2) weeks prior to the Council’s consideration of the complaint, the Town Clerk shall provide a copy of the complaint and all attached supporting documents to the person alleged to have violated the Code of Ethics (the respondent).

5. Only one (1) person may be accused of a Code of Ethics violation per complaint.

6. If the Mayor is either the complainant or the respondent, the Council’s consideration of the ethics complaint shall be chaired by the Vice Mayor.

7. The Council’s procedure for addressing the complaint during a public meeting shall include the introduction of the item, an opportunity for the complainant to be heard, an opportunity for the respondent to be heard, rebuttal by either or both parties, Council discussion, followed by a decision by the Council. [Ordinance #407, 2020.]