(a) Upon declaration by a Town official of a conflict of interest with respect to any matter, or upon determination by the governing body of the existence of such a conflict of interest on a matter pending before a governing body, the Town official shall be disqualified from acting or voting on the matter or any related business. In addition, the disqualified official shall refrain from attempting to influence the decisions of other members of the governing body in voting on the matter, except as may be authorized pursuant to Section 2-4-100 below. A Town official shall also be prohibited from voting on any motions directly arising out of the discussions on the matter.

(b) After declaration or determination of a conflict of interest, the Town official shall leave the hearing or meeting room and shall refrain from participation in any manner in the deliberations of the governing body on the matter. The governing body shall have the right to ask the disqualified Town official to return solely to provide information which may be deemed valuable to the governing body and which is not reasonably available from another source. If the Town official has a conflict of interest under the subsection (h) provisions in Section 2-4-20 for a financial interest, and/or the definition of interested party in Section 2-4-20, he or she may submit written comment to the governing body regarding the matter prior to the scheduled hearing but may not otherwise participate in the hearing. If the Town official asserts the right to participate directly in the hearing, he or she shall first consult with the Town Attorney.

(c) In addition to disqualification as to actions of the governing body to which the individual is a member, a disqualified Town official shall not attempt to influence the decisions of any other Town official, Town employee, or other Town governing body that is considering the same matter or the same Property. A Town official shall leave the hearing or meeting room when such conflicting matter is being raised by any other Town governing body and shall refrain from participation in any manner in the discussions or deliberations of the other governing body on the matter. If the Town official has a conflict of interest under the subsection (h) provisions in Section 2-4-20 for a financial interest, and/or the definition of interested party in Section 2-4-20, he or she may submit written comment to the governing body regarding the matter prior to the scheduled hearing but may not otherwise participate in the hearing.

(d) The disqualification of a Town official from voting shall not preclude the existence of a quorum, nor result in the loss of a quorum, of any governing body other than the Town Council.

(e) In the event of disqualification of a Town official from voting on a matter, approval of which requires the affirmative vote of a specific number of votes by members of the governing body other than the Town Council, the required number of votes shall automatically be reduced by the number of officials disqualified.

(f) In the event that the disqualification and/or absence of members of a governing body reduces the number of governing body members who may permissibly act on a nonconsent calendar matter to two (2) or less, the Chairperson of the governing body shall either continue the matter to the next available meeting, or refer the matter to the Town Council for action by it. In the event of continuance of a matter pending before a governing body other than the Board of Adjustment/Appeals, the Chairperson shall immediately notify the Town Council through the Town Clerk of the continuance and the reasons for the continuance. (Prior code 4.18.080; Ord. 1246 §1, 2006; Ord. 1431, 2015)