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Item 5ECity of Southlake, Texas MEMORANDUM March 30, 2005 TO: Shana Yelverton, City Manager FROM: Ben Thatcher, Assistant to the City Manager SUBJECT: Revised Conflict of Interest Affidavit Action Requested: City Council approval of the revised Conflict of Interest Affidavit. Background Information: Toward the end of last year, the Mayor requested that the City's conflict of interest affidavit form be reviewed and updated as needed. In working with Lori Farwell and Tim Sralla, we found that the affidavit did not completely cover all of the scenarios mentioned within the ethics ordinance. In reviewing the current affidavit with the current ethics ordinance several additions are recommended. Those recommendations are: 1. Emphasize the degree of family relationship that calls for disclosure of the scenarios mentioned in the ethics ordinance. 2. Provide more specific business interests to cover all clauses mentioned in the ethics ordinance. 3. Provide a miscellaneous /other section under the interest disclosures to allow any questionable scenario to be documented that might not be addressed in the affidavit. 4. Clarify when the affidavit must be completed and submitted to the City Secretary's Office. Attached to my memo is a copy of the revised affidavit form with the additions in red, as well as a clean copy of the form. Financial Considerations: Not applicable. Financial Impact: Not applicable. Shana Yelverton, City Manager March 30, 2005 Page 2 Citizen Input/ Board Review: Not applicable. Legal Review: Revised affidavit reviewed by City Attorneys. Alternatives: • City Council decision to approve the revised affidavit as presented. • City Council decision to approve the revised affidavit with comment. • City Council decision to not approve the revised affidavit as presented, and continue using the current affidavit. Supporting Documents: Conflict of Interest Affidavit (marked copy) Conflict of Interest Affidavit (clean copy) Staff Recommendation: City Council approval of the revised Conflict of Interest Affidavit. CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY OF TARRANT § I, as a member of the of the City of Southlake, make this affidavit and hereby on oath state the following: I, and /or a person or persons related to me within the second degree of consanguinity, have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and /or City of Southlake Ordinance No. 635 and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: COMPLETE (A) or (B) (A) (B) The business entity is The real property is located at: (name); or I have a substantial interest because I and /or a person or persons related to me within the second degree of consanguinity have the following relationship to the business entity or real property which will likely be affected by the vote on the above - referenced agenda item: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Hold a position of member of the board of directors or other governing board of the business entity. Serve as an elected officer of the business entity. An employee of the business entity. Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Have an equitable or legal ownership of real property with a fair market value of at least $2,500. Other: Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision and from any further participation by discussion or debate regarding the above - referenced agenda item,. I also affirm that this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in question is being addressed. Signed this day of 1 20 Signature of Official The State of Texas County of Tarrant Before me, , on this day personally appeared known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and, after first being by me duly sworn, stated that the statements made in this affidavit are within his personal knowledge and are true and correct. Given under my hand and seal of office this day of (SEAL) Notary Public in and for the State of Texas CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY OF TARRANT § I, as a member of the of the City of Southlake, make this affidavit and hereby on oath state the following: I, and /or a person or persons related to me within the second degree of consanguinity, have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and/or City of Southlake Ordinance No. 635 and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: COMPLETE (A) or (B) (A) (B) The business entity is The real property is located at: (name), or I have a substantial interest because I and/or a person or persons related to me within the second degree of consanguinity have the following relationship to the business entity or real property which will likely be affected by the vote on the above - referenced agenda item: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Hold a position of member of the board of directors or other governing board of the business entity. Serve as an elected officer of the business entity. An employee of the business entity. Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Have an equitable or legal ownership of real property with a fair market value of at least $2,500. Other: Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision and from any further participation by discussion or debate regarding the above - referenced agenda item,. I also affirm that this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in question is being addressed. Signed this day of 1 20 Signature of Official The State of Texas County of Tarrant Before me, , on this day personally appeared known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and, after first being by me duly sworn, stated that the statements made in this affidavit are within his personal knowledge and are true and correct. Given under my hand and seal of office this day of , (SEAL) Notary Public in and for the State of Texas