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(a) Proof by clear and convincing evidence of any act prohibited by Sections 2-4-50 through 2-4-130 of this Article is proof that the actor has breached his or her fiduciary duty to the Town and the public trust.

(b) A Town official or employee shall not:

(1) Disclose or use confidential information acquired in the course of his or her official duties in order to further his or her personal financial interests;

(2) Solicit or accept a present or future gift of substantial value or an economic benefit tantamount to a gift of substantial value:

a. Which would tend improperly to influence a reasonable person in his or her position to depart from the faithful and impartial discharge of his or her public duties, or

b. Which he or she knows or which a reasonable person in his or her position should know under the circumstances is primarily for the purpose of rewarding him or her for the performance of an official Town duty he or she has taken;

(3) Engage in a substantial financial transaction for his or her private business purposes with a person whom he or she inspects or supervises in the course of his or her official duties;

(4) Perform an official act directly or substantially affecting to its economic benefit a business or other undertaking in which he or she either has a substantial financial interest or is engaged as counsel, consultant, representative or agent;

(5) Assist any person for a fee (other than that charged for that service by the Town) or other compensation in obtaining any contract, claim, license, permit, permission, approval or other economic benefit from the Town, (except as permitted pursuant to Section 2-4-100); provided that a Town official may assist any person for a fee in processing a claim or obtaining a license, permit, permission or approval with and from any Town administrator or employee (or board or commission other than one [1] of which the official is a member) which relates to matters other than the official’s duties as a board or commission member, and which is granted or issued in the ordinary course of business;

(6) Accept a fee or any other compensation, except his or her official compensation as provided by Charter, ordinance or contract of the Town, for promoting or opposing passage of legislation; or

(7) Appear on behalf of any private person, business or entity before the governing body of which an official is a member or to which an employee is regularly assigned, except as provided by Section 2-4-100.

(c) A Town official, employee or applicant for appointment to Town office or for employment shall not knowingly misrepresent or willfully fail to disclose any conflict of interest or any personal or financial interest, when such disclosure is required by this Article or as a condition of appointment to a Town office or of employment. (Prior code 4.18.060; Ord. 1246 §1, 2006; Ord. 1431, 2015)