§ 14-10-13. Conflicts of interest.

(a)

The members of the board, the executive director, the employees, and the agents of the corporation shall exercise the utmost good faith in all transactions which touch upon their duties to the corporation and its property. In their dealings with and on behalf of the corporation, they shall be held to a strict rule of honest and fair dealing between themselves and the corporation. They shall not use their positions, or knowledge gained from their positions, in a way that a conflict may arise between their own personal interests and those of the corporation. Where an interested person is affiliated with an organization seeking to provide the corporation with facilities, equipment, materials, goods or services, the board shall use reasonable efforts to ascertain whether a more beneficial arrangement is not otherwise available.

(b)

The members of the board, the executive director, the employees and the agents of the corporation, or their immediate family members, shall not have any duality of interest, whether real or apparent, either in the corporation or in the strategic plan including, but not limited to, an affiliation with an organization which has applied for or is receiving U.S. Department of Health and Human Services Title XX Funds. Such affiliation or conflict shall be disclosed to the board of directors and made a matter of record either at the time that the interest becomes a matter of board action or as a requirement of a periodic procedure to be established by the board. Such written reports shall be filed in the offices of the corporation and a copy shall be immediately forwarded to the mayor and the city council.

(c)

Any member of the board, the executive director, the employees and the agents of the corporation, or their immediate family members, who have a duality of interest or a possible conflict of interest on any matter shall not use his or her personal influence in the matter, or be counted in determining a quorum when the matter is voted upon, or engage in any discussion on the matter at the meeting, or cast a vote upon the matter. The minutes of the meeting shall reflect that the disclosure was made, that the interested board member's presence was not counted in determining a quorum on such matter, and that he or she abstained from voting.

(d)

The requirements of subsections (a), (b), and (c) shall not be construed to prevent an interested person from stating his or her position regarding a matter under consideration or from responding to the inquiries of other board members relating to the matter.

(e)

Based upon the nature of the conflict:

(1)

The member of the board of directors may be required to forfeit his or her position; or

(2)

The executive director, employee, or agent may be required to forfeit his or her employment.

(Ord. No. 14-95, § 1, 6-21-95)