City of Kramer City Council

Conflict-of interest Declaration, Disclosure, and Mediation Process

 

Terms Defined:

  • Substantial financial or material interest in an official action means a financial interest that could be affected by an official action, which might reasonably result in a pecuniary gain or loss exceeding three hundred dollars.
  • “Immediate family” means anyone related to a person by blood, current marriage, adoption, or any person who is a regular member of that person’s household.
  • “Official action” means a recommendation, decision, approval, disapproval, vote, or other similar action, including inaction, by a city official or employee, whether such action or inaction is administrative, legislative, quasi-judicial, advisory, or otherwise.

A potential or actual conflict-of interest exists when commitments and obligations are likely to be compromised by the City of Kramer council members’ material interests, or relationships, particularly if those interests or commitments are not disclosed. This Conflict-of-Interest Process should encourage council members to carefully consider:

  • As individual members of the city council they may have a real or apparent substantial financial interest in, or material interest due to friendship or kinship, or act as an officer or a director of, any outside entity whose financial interests could reasonably appear to be affected by the position or process being nominated, or;
  • Other members of the council or its appointed employees, may have a real or apparent economic interest in, or material interest due to friendship or kinship, or act as an officer or a director of, any outside entity whose financial interests where they could reasonably appear to be affected by the position or process being nominated.  

The council member should be aware of and disclose any personal, business, or volunteer affiliations that may give rise to a real or apparent Conflict-of interest during the process of appointment, or as conditions become relevant.  Federally and organizationally established regulations and guidelines in financial conflicts must be abided by. Individuals with a Conflict-of interest should refrain from participating in official action of the council when these regulations and guidelines place the City of Kramer, City Council at risk.

Council members, with significant cause, have the authority to challenge other council members and appointees, if they have reason to believe a Conflict-of interest exists which may place the council decision-making process in jeopardy.  In these instances, the concerned council member must declare “Conflict-of interest,” and when asked to state the “Reason for Declaration,” must respectfully state for cause, what information is cause of the declaration. 

In this instance, the council member challenged with a “Conflict-of-Interest” must mindfully consider any relationships, transactions, positions they hold or held in the past, or circumstances that could contribute to a Conflict-of interest, and declare:

  • I have no Conflict-of interest to report. 
  • I concur, I have a real or apparent conflict-of interest and I recuse myself.

If the council member agrees that a real or apparent conflict-of interest exists, the Council member, may elect to outline the nature of the conflict or interest  and/or simply “Recuse" themselves from the process.

The process must be documented in the minutes of the meeting.

If the council member declares “I have no Conflict-of interest to report,” additional respectful discussion should be accommodated, if it arises.  If the member's declaration cannot be accommodated, the mayor or council president acting in the mayor's behalf shall make the final determination of whether or not the financial interest constitutes a substantial financial and/or material shall interest direct the member to “Step-Aside” and recuse the member from involvement in the matter where the conflict infringes. Otherwise, if the decision supports the no-conflict response, the council shall proceed with deliberation. 

The process must be documented in the minutes of the meeting.

 

CONFLICT OF INTEREST DISCLOSURE (FORM KCC-02)

Pursuant to N.D.A.C 115-04-01-04, disclosure of conflicts of interest are required. This form allows Kramer City Council members to input information forward and attach relevant documentation as required. The Neutral Reviewer shall review the disclosure and support documents and upon completion of the review shall provide the city council with a final decision on the determination of conflict of interest.

Detailed Description of Conflict of Interest:

 

 

Determining Authority: Place a check mark by the appropriate box.

Conflict of interest determination:  
Yes, a conflict of interest.             No, not a conflict of interest.

Neutral Observer Comments: