Proceedural and City of Greensboro Ethical Questions Emailed to UNC's School of Government's Frayda Bluestein, from Mayoral Candidate George Hartzman

As the "Ethical Responsibilities of the Governing Body of the City of Greensboro", passed on February 19, 1993 states; "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."

And as Sec. 4.131. - "Conflict of interest: Greensboro Code of Ordinances" states; "Any officer, department head or employee who has financial interest, direct or indirect, in any proposed contract with the city … shall make known that interest and shall refrain from voting upon or otherwise participating in the making of such contract…”,

And ss the City of Greensboro's Council’s attorney cites § 160A‑75 which says; “No member shall be excused from voting except upon matters involving the consideration of the member's own financial interest or official conduct or on matters on which the member is prohibited from voting...

In all other cases, a failure to vote by a member who is physically present in the council chamber, or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote...”

And as § 138A‑36 states; "Public servant participation in official actions ...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.

...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."
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If this means Council Members have to vote unless they are excused by the rest of the governing body, is the city attorney allowed to determine whether or not a Council member has a financial or conflict of interest?

If the only way to "withdraw from any consideration" is via a council vote on weather or not there is an excusable conflict, are council members the only arbitor in determining who has a financial or conflict of interest or not?

If the City of Greensboro’s ethics code for the city’s council members refers to Greensboro’s conflict of interest ordinance, does the conflict of interest ordinance apply to Greensboro's city council members?

Is the City of Greensboro's attorney, who works at the pleasure of council, the arbiter of who does or doesn't have a financial interest, or is it up to council members to decide?

If a council member votes on an agenda item with the permission of the city attorney without a vote by the other members of council, after not disclosing an interest on the council record, has the council member violated Greensboro’s Ethics Code and the City’s Charter?

Can the city attorney decide by fiat who has interests or conflicts, if he represents city council, and city council can fire him if they don’t like his decisions?

Is the City of Greensboro's attorney, who works at the pleasure of council, the arbiter of who does or doesn't have a conflict of interest, or is it up to council members to decide?

Does § 138A‑36 apply to Greensboro's City Council?

Does § 160A‑388 apply to Greensboro's City Council?

Is failing to disclose on the council record the nature of an interest a violation Greensboro’s Ethics Code, meaning if a council member only discloses the interest to the city attorney, did said council member violate Greensboro’s ethics code, by not disclosing the interest to the public?

If Greensboro’s Ethics Code says that if there is an actual or possible financial interest, City Council members are supposed to publicly disclose on the record of council, and the remaining Council members are supposed to decide if a conflict of interest exists, how can be up to the city attorney to decide who has an interest or conflict?

If a Greensboro City Council Member has a financial interest if the individual has, directly or indirectly, any actual or potential ownership, investment, or compensation arrangement with The City of Greensboro or with any entity that conducts transactions with The City of Greensboro, do the above statutes apply?