§ 6-8 — Participation notwithstanding conflict

§ 6-8. Participation notwithstanding conflict.

(a) In general. Subject to subsection (b) of this section, a public servant who otherwise would be disqualified under § 6-6 {“Prohibited participation”} of this subtitle may nonetheless participate in a matter if: (1) his or her disqualification would leave a board or other body with less than a quorum capable of acting; (2) the public servant is required by law to act; or (3) the public servant is the only individual authorized to act. (b) Conditions of participation. (1) A public servant who seeks to participate in a matter under the authority of this section must comply with the requirements of this subsection. (2) If acting as a member of a board or other body, the public servant must, before participating, publicly disclose to that board or other body the nature and circumstances of the conflict. (3) In all cases, the public servant must, as soon as possible after participating, file with the Ethics Board and the public servant’s appointing authority a written notice of the nature and circumstances of the conflict and the participation.

(Ord. 04-795.)