Town Code & Ordinances Code — RES-24-103

RESOLUTION NO. 24-IO3

A RESOLUTION OF THE QUEENSTOWN COMMTSSTONERS TO

ADOPT A CONFLICT OF INTEREST POLICY

WHEREAS, the Commissioners of Queenstown are authoizedto adopt such legislation as it may deem necessary for the protection and preservation of the town's property, the good government of the town, and for the protection and promotion of health and safety of town employees and citizens; and WHEREAS, the Commissioners of Queenstown are responsible for ensuring that public resources are used in the best interests of the public and the Town; and

WHEREAS, the Commissioners of Queenstown believe it is necessary to adopt a Conflict of Interest Policy establishing that the business of Queenstown will be conduited in a way that no public officer of the Town will gain a personal or financial gain from their work for the Town so that the public trust in Town officials will be preserved and public resources are used in the best interests of the Town.

NOW' THEREFORE, BE IT RESOLVED, by the Queenstown Commissioners as

FOLLOWS:

1.

That the Conflict of Interest Policy, a copy of which is attached hereto and incorporated by reference herein, rS HEREBY ADoprED.

2.

This Resolution shall become effective immediately.

RESOLVED by the Queenstown planning commission on this ay of August, 2024.

QUEENSTOWN COMMIS SIONERS

:

Aaron Horney, Tow Alton Hardee, President Horney, To Aaron Horney, Town Clerk Tom Willis Conflict of Interest Policy p.

1 Conflict of Interest PolicY As a municipal officer or employee, your job by its very nature places you in a position of public trust. you are responsible foi ensuring that public resources are used in the best interests of the public. you also have a duty to use the limited pubtic resources available to you as effectively and efficiently as possible.

purpose. The purpose of this poticy is to ensure that the business of the Town of Queenstown (the ..Toivn,,) will be conducted in such a way that no public officer of the Town will gain a personal or financial advan tage from their work for the Town and so that the public trust in Town officials will be preserved. Ia is also the intent of this policy to ensure that all decisions made by Town officialsare based on the best interest of the community at large.

Application. This policy applies to all public officers as that term is defined below.

Definitions. For the purposes of this policy, the following definitions shall apply:

Conflict of interest means a direct or indirect personal or financial interest of a public officer, his or her spouse, household member, child, stepchild, parent, grandparent, grandchild, sibling, aunt or uncle, brother- or sister-in-law, business associate, or employer or employee in the outcome of a cause, proceeding, application' or any other matter pending before the officer or before the public body in which he or she holds office or is

employed.

A,,conflict of interest" does not arise in the case of votes or decisions on matters in which the public official has a personal or financial interest in the outcome, such as in the establishment of a tax rate that is no greater than that of other persons generally affected by the decision.

Official act or action means any legislative, administrative, or quasi-judicial act performed by any public officer while acting on behalf of the Town' public body means any board, council, commission, or committee of the Town' public interest means an interest of the community as a whole, conferred generally upon all residents of the Town' public officer means a person elected or statutorily-appointed to perform executive,

administrative, legislativ., o, quasi-judicial functions for the Town. This term does not include any municiPal emPloYee' Prohibited Conduct.

A. A public offrcer shall not participate in any official action if he or she has a conflict of interest in the matter under consideration' Conflict of Interest Policv p.2 B. A public officer shall not personally - or through any member of his or her household, business associate, employer or employee - represent, appear for, or negotiate in a private capacity on behalf of any person or organizationin a cause, proceeding, application, or other matter pending

before the public body in which the public officer holds office.

C. A public officer shall not accept gifts or other offerings for personal gain by virtue of his or her public office that are not avaitable to the public in general.

a. A public officer may accept the following:

i. Meals and beverages consumed in the presence of the donor or sponsoring entity;

ii. Ceremonial gifts or awards that have insignificant monetary value;

iii. Unsolicited gifts of nominal value that do not exceed $20 in cost or trivial items;

iv. Reasonable expenses for food, travel, lodging, and scheduled entertainment of the officer at a meeting which is given in return for the participation of the official or employee in a panel oi speaking engagement at the meeting, or attending a training event or conference.

D' A public officer shalt not use resources unavailable to the general public - including but not limited to municipal staff time, equipment, supplies, or facilities-- for private gain or personal purposes.

Disclosure' A public officer who has reason to believe that he or she has or may have a conflict of interest in a particular matter shall, prior to participating in any official action on the matter, publicly disclose that he or she has an actual oip"r..ived conflict of interest in the matter under consideration and disclose the nature of the actual or perceived conflict of interest. Alternatively,

a public officer may request that another public officer recuse him or herself from a matter due to a conflict of interest.

Consideration of Recusal. once there has been a disclosure of an actsal or perceived conflict of interest, other public officers may be afforded an opportunity to ask questions or make comments about the situation.

Recusal.

A' Recusal of Elected Officers. After taking the actions listed above, an elected public officer should declare whether he or she will ,...rr. him or herself and explain the basis for that decision' If the public officer has an actual or perceived conflict of interest but believes that he or she is able to act fairly, objectively, and in thi public interest, in spite of the conflict, he or she shall state why he or she believes that he or she is able to act in the matter fairly,objectively, and

in the public interest.

Conflict of Interest Policy p.3 B. Recusal of Appointed Officers. The failure of an appointed public officer to recuse himself or herself in spite of a conflict of interest may be grounds for discipline or removal from office.

Post-Recusal Procedure.

A. A public officer who has recused himself or herself from serving on a public body in a particula, pror..ding shall not sit with the public body, deliberate with the public body, or participateln that proceeding as a member of the public body in any capacity, though such member may still participate as a member of the public- B. The public body may adjourn the proceedings to a time certain if, after a recusal, it may

not be possible to take action through the concuffence of a majority of the total membership of the public'body. The public body may th.n resume the proceeding with sufficient members present' Enforcement.

A. Enforcement Against Elected Officers; Progressive Consequences for Failure to Follow the Conflict of Interest procedures. In cases where anilected public officer has engaged in any of the prohibited conduct listed herein, or has not followed the conflict of interest procedures, the Town may take progressive action to discipline such elected offtcer as follows:

l. The Commissioners may meet informally with the public officer to discuss the possible conflict of interest violation. This shall notiake place in situations where the chair and the public officer together constitute a quorum of a public body'

2. If a majority of the Commissioners decide that further action is warranted, they may

admonish the offending public officer at an open meeting and reflect this action in the minutes of the meeting]rh. public officer shaf be given the opportunity to respond to the admonishment.

3. Upon majority vote in an open meeting, a majority of the commissioners may request

(but not order) that the offending public officer resign from his or her office'