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(1) Whenever the performance of an official duty of a Municipal Council member requires governmental action on any matter involving that person’s or a relative of that person’s direct financial interest and it is reasonably foreseeable that the decision will have an individualized material effect on such interest, distinguishable from its effect on the public generally, the Municipal Council member shall disclose the conflict, disqualify herself or himself from deliberating, deciding, and/or voting upon the matter in any meeting (as defined in Section 52-4-103, Utah Code, as amended), and shall leave the dais or meeting table. Disclosure shall be made in the public meeting in which a decision or vote upon the matter is to take place or in writing to the Council Chair prior to the meeting.

(2) This Section shall also apply to the Municipal Council member’s participation in other public bodies of which the Council member is a member by virtue of his or her membership on the Municipal Council. This includes, but is not limited to, the Redevelopment Agency of Provo City, the Municipal Building Authority, and the Storm Water Special Service District.

(3) Subsection (1) of this Section shall not apply to:

(a) Decisions regarding the payment of salaries, benefits, or other compensation made by the City in exchange for the performance of the Municipal Council member’s official duties;

(b) Decisions regarding attendance at official functions or training at the request of, or on behalf of, the Municipal Council as part of a Municipal Council member’s official duties; or

(c) Similar decisions that are part of the Municipal Council member’s official duties and are approved through normal Council channels or procedures.

(4) For purposes of this Section, “relative” shall mean a parent, grandparent, child, grandchild, sibling, or spouse of the Municipal Council member, and includes stepchildren and spouses of children.

(5) A Municipal Council member may request of the City Attorney an advisory opinion concerning the application to him or her of the provisions of this Section. Any advisory opinion rendered by the City Attorney until amended or revoked by the City Attorney may be relied upon by the Municipal Council member and shall be binding on the City in any subsequent proceedings concerning the person who requested the opinion and who acted in good faith reliance upon it, unless material facts were omitted or misstated by the person requesting the opinion.

(Enacted 2000-17, Am 2014-34)