If a board member declares a conflict of interest, is he required to state for the minutes the reason he is declaring a conflict? And after declaring a conflict of interest, does he have the right to vote on the motion?
November 8, 2013
The board member must state whether he or she has an actual or potential conflict of interest and describe 'the nature of the conflict' for the minutes. (ORS 244.120) If it is an actual conflict of interest (the board member or an immediate relative will benefit financially or avoid a financial detriment by the decision), the board member must not discuss or vote on the issue. If it is a potential conflict of interest (the board member might or might not benefit or avoid a detriment) he or she can continue to discuss and vote after announcing the potential conflict.
You may download the GSPC publication Oregon Government Standards and Practices Laws: A Guide for Public Officials for more information.
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