An unanswered question asked of the City of Greensboro Legal Department

Why do only G.S. 160A-75 and (160A-381(d)) apply and not the following?

George Hartzman, Mayoral Candidate
April 9, 2013
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"(a) ...no public servant...authorized to perform an official action requiring the exercise of discretion, shall participate in an official action by the employing entity if the public servant ...may incur a reasonably foreseeable financial benefit ...which financial benefit would impair the public servant's independence of judgment or from which it could reasonably be inferred that the financial benefit
would influence the public servant's participation in the official action.

...(c) A public servant shall take appropriate steps, ...to remove himself or herself to the extent necessary, to protect the public interest ...from any proceeding in which the public servant's impartiality might reasonably be questioned due to the public servant's familial, personal, or financial relationship with a participant in the proceeding."

§ 138A‑36. Public servant participation in official actions.
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"(e1) A member of the board or any other body exercising quasi‑judicial functions ...shall not participate in or vote on any quasi‑judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker.

Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter."

§ 160A‑388.
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"(d) A city council member shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member."

North Carolina General Statutes § 160A-381 Grant of power
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"Any officer, department head or employee who has financial interest, direct or indirect, in any proposed contract with the city or in a proposed sale of any land, material, supplies, or services to the city or to a contractor supplying the city, shall make known that interest and shall refrain from voting upon or otherwise participating in the making of such contract or sale.

Any officer, department head, or employee who willfully conceals such a financial interest or willfully violates the requirements of this Section shall be guilty of malfeasance in office or position and shall forfeit his office or position.

Violation of this Section with the knowledge expressed or implied of the person or corporation contracting with or making a sale to the city shall render the contract void."

Sec. 4.131. - Conflict of interest: Greensboro Code of Ordinances, City Charter
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"The Mayor or any member of the City Council who has a financial interest, direct or indirect, in any official act or action before the Council shall, …disclose such interest and all material facts with respect there to the City Manager and City Attorney.

In addition, he/she shall publicly disclose on the record of the Council the nature and extent of such interest, including the full disclosure of all such material facts, and shall withdraw from any consideration of the matter pursuant to sec. 4.131 of the City Charter."

RESOLUTION TO DELINEATE AND CLARIFY ETHICAL RESPONSIBILITIES OF THE GOVERNING BODY OF THE CITY OF GREENSBORO