HomeMy WebLinkAboutA005 - Email from City Attorney dated August 21, 2006 - conflict of interest for Council vote Doug Marek/COA To matthewgoodman@mchsi.com
M % 08/21/2006 05:49 PM cc rmahayni@isunet.net, ldollr@gmail.com,
f sschainker@city.ames.ia.us, craigbus@iastate.edu,
mmhamilton29@hotmail.combobanncamp@aol.com,
bcc Diane R Voss/COA
Subject
Matthew:
You asked how best to make a record at the Council meeting if you have a conflict of interest that
prevents you from voting on an agenda item. You should note the conflict of interest prior to the vote by
stating: "I decline to vote by reason of conflict of interest."
You may explain the nature of the conflict, but it is not required. The declaration of a conflict by a member
of the Council is conclusive and should be noted in the record by the Clerk.
For purposes of computing the majority vote necessary for passage of an ordinance or resolution,the
member who declines to vote because of a conflict of interest is not counted. In other words, 3 of 5
affirmative votes would constitute a majority of the Council when one member declines to vote due to a
conflict. See Iowa Code section 380.4.
Doug Marek
Ames City Attorney
515 Clark Avenue
P.O. Box 811
Ames, Iowa 50010
Tel: 515-239-5146
Fax: 515-239-5142
E-mail: dmarek@city.ames.ia.us