Ord 2018-039/amending Chapter 2, Article 5, Code of Ethics, Section 2.423 of the San Marcos City Code, to require City Officials to publicly disclose the basis for their recusal from discussion and consideration of items on Board, Commission, and City Cou

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distinguishable from the effect of the action on members of the public in general or a substantial segment of the public. (b) Meaning of"affect". (1) In subsection (a)(1) above, an action is likely to affect an official's or employee's economic interest if it meets all of the following: a. The action is likely to have an effect on that interest, either positive or negative, that is distinguishable from its effect on members of the public in general or a substantial segment of the public. b. The effect of the action on that interest is direct, and not secondary or indirect. However, the action need not be the only producing cause of the effect in order for the effect to be direct. c. The effect on the interest must be more than insignificant or de minimis in nature or value. (2) In determining whether a person, entity or property is or was affected by a vote or decision, it will not be necessary to prove the actual existence or occurrence of an economic effect or consequence if the effect or consequence would be reasonably expected to exist or occur. (c) Recusal and disclosure. A city official or employee whose conduct would otherwise violate subsection (a), or a state conflict of interest law, if he or she took an action must abstain from participation in the action in accordance with the following: (1) Immediately refrain from further participation in the matter, including communications with any persons likely to consider the matter, such as any department, agency, commission or board of the city, from the time he or she discovers or reasonably should have discovered the matter triggering the recusal and until a decision regarding the matter has been made by the council, board or commission having final approval authority. (2) Promptly file a form for disclosing the nature and extent of the interest triggering the recusal with the city clerk, if the person is an official, or with the person's supervisor, if the person is an employee; (3) Promptly notify the person's supervisor of the nature and extent of the interest triggering the recusal, if the person is a city employee, so that the supervisor can reassign responsibility for handling the matter to another person; and (4) Promptly Publicly disclose the interest triggering the recusal, immediately after the agenda item has been called up for discussion or action if the person is a member of a city board,Or commission, or city council methememberu of- ,e Imarri-emeommissienr and leave the room while „--;i' the board, of commission, or city council is --- '- • •- _ - ,.. discussion of, discussing or voting on;the matter. SECTION 2. In codifying the changes authorized by this ordinance, paragraphs, sections and subsections may be renumbered and reformatted as appropriate consistent with the numbering and formatting of the San Marcos City Code.