Advisory Opinions by City Code

 1-21-03(A) - No City official shall use his official position to gain financially: No City official shall knowingly use his official position or office to obtain financial gain for himself, any member of his household, or any business with which he or a member of his household is associated.

Opinion 14-01: Public works employees may teach erosion control certification courses through a third party and may receive compensation from the third party entity, but a public works supervisor may not participate in approving instructors for the courses if that individual is also an instructor.

Opinion 12-03: City Parks and Recreation plan that allows for Recreation Specialists to teach individual and group skating lessons as well as detailing Recreation Specialists attendance and expenses at events and conferences both when attending on behalf of the City of Boise and when attending with no affiliation to their City employment is consistent with the City Code of Ethics.

Opinion 10-06: A City police officer who owns and operates an outside consulting firm may not contact a victim, whom he met while on an official call, to offer his consulting firm's services for a fee. 

Opinion 10-05: The City Engineer's son may work for an engineering firm that has active engineering projects with the City during a summer internship.

Opinion 10-01: A City employee may state that he is the Director of Zoo Boise in his book's marketing materials so long as he does not use his City position as a primary marketing tool.

Opinion 09-07: A Public Works employee may contact and hire asphalt vendors whose invoices he may review during the course of his employment to repair asphalt for his neighborhood's Homeowners' Association.

Opinion 09-06: A Public Works employee may serve as his Neighborhood Association's President and may request grant monies from the City on behalf of the Neighborhood Association so long as he does not serve on the selection committee which distributes the grants.

Opinion 09-05: A City employee may seek bids and hire one of the contractors with whom he has contact with during the course of his employment when the employee does not recommend contractors as part of his employment nor will he receive any sort of discount.

Opinion 09-02: A City Information Technology employee may perform work for a fee on fellow City employees’ computers and peripherals.

Opinion 08-06: A City Parks and Recreation employee may coach his son’s hockey teams but may not accept any sort of compensation for coaching.

Opinion 08-05: An employee may start a fiber splicing business where the employee's personal beneficial interest is remote and there is no conflict of interest for the employee.

Opinion 08-03: Public works employee who assists in bidding process and directs work of City contractors may be able to hire a City contractor to paint his personal home only if he discloses the issue to the Mayor. The Mayor shall determine whether the conflict is de minimus or requires reassignment of duties creating the conflict to another official in the same department.

Opinion 08-02: An employee may apply to rent a market value property owned by the City. The employee would be required to follow all application and screening requirements and to meet all leasing provisions, similar to any other person attempting to rent the property.

Opinion 08-01: City employee may serve as Interim Fire Chief despite a conflict of interest with a vendor. Conflict of interest was properly disclosed and employee was removed from all work-related responsibilities related to the vendor.

Opinion 07-07: A member of the City's Ethics Commission may receive a monetary award for their community service/outreach from their employer.

Opinion 07-06: Ridge to Rivers employee may start a private trail consulting business for areas outside the Ridge to Rivers operating area.

Opinion 07-04City employee may work for companies that perform similar work as they are employed to do for the City when paid as hourly, fixed wage employees and there is not a conflict of interest or violation of the fiduciary duties owed to the City.

Opinion 07-03A part-time City employee may participate as an exhibitor at the City's Health Fair to promote her acupuncture services.

Opinion 07-02An employee may not subcontract with or serve as a temporary employee for an organization that has a business relationship with the City because such a relationship would create an apparent conflict of interest and a prohibited personal beneficial interest.

Opinion 06-03: City employees may accept discounts on personal computers from vendors with whom the city does business where the discount program is offered broadly to a large group, i.e., all governmental employees.

Opinion 06-02: A city employee may be compensated by a third party for “striping” fields on City property for athletic use where the “striping” is outside the normal scope of the employee’s duties with the city and is done not on city time or with city equipment.

Opinion 05-07: The manager of the City’s Housing and Community Development division may serve as a Director of a non-profit mortgage banking consortium where the employee receives no pecuniary benefit for his service as a Director.

Opinion 05-03: The manager of the City’s Housing and Community Development division may serve on the Board of Directors of a non-profit community service organization where the employee will receive no pecuniary benefit and the organization does not seek financial assistance from the City.

Opinion 05-02: Parks and Recreation employees may not be employed for pay during non-work hours by a third party (running irrigation systems for testing by a third party engineer) where the work to be done is so closely tied to their normal job duties for the City that, but for their City employment, this employment opportunity with the third party would not have arisen.

Opinion 05-01: A city official who is also a member of a professional organization related to his position with the City may seek sponsorship funding for a conference of the professional organization from entities with whom the City does business where there is no pecuniary gain by the official. The City official should, however, clarify in writing that the solicitation is being made on behalf of the professional organization and not on behalf of the City.

 


1-21-03(B) – Disclosure of confidential information: No City official shall use or disclose confidential information gained in the course of or by reason of his official position or activities in any way that could result in financial gain for himself or for any other person.

Opinion 09-04: Airport Commissioners, City employees and their family members may lease
T-hangars or commercial properties from the City, so long as they disclose the potential conflict of interest to the Airport Director and recuse themselves from any discussion concerning policies affecting the lease of T-hangars or commercial properties.

Opinion 08-02: An employee may apply to rent a market value property owned by the City. The employee would be required to follow all application and screening requirements and to meet all leasing provisions, similar to any other person attempting to rent the property.

 


1-21-03(C) - The Gift Rule: No City official shall accept any valuable gift, whether in the form of service, loan, thing or promise from any person or business that is interested directly or indirectly in any manner whatsoever in business dealings with the City; provided, however, any City official who is a candidate for public office may accept campaign contributions and services in connection with such campaign. Gifts of any kind may never be accepted where there exists a substantial risk that the gift would undermine official impartiality.

Opinion 13-01: City Plumbing Inspectors may attend foundry and building tours in another state paid for by a trade association that has no direct or indirect interest in business dealings of the City.

Opinion 12-05: A City employee may assist a private company, from which the City has already purchased a product and with which the City continues to have an ongoing maintenance contract with, by providing testimonials and information on the product, for which the City employee has no personal benefit and will receive nothing of value.  The City will receive additional IT support from the private company in exchange but it is not a valuable gift.

Opinion 12-04: Nothing in the City’s Code of Ethics or Purchasing Code would prohibit Bodybuilding.com from providing supplements to the fire and police departments; however, the decision whether to accept these supplements should be made by City administration.

Opinion 12-01: The City’s Parks and Recreation employees may accept free meals from contract vendors at the Willow Lane Athletic Complex while working.

Opinion 11-05: The City may negotiate and contract for any terms, however, the contracting for tickets to sporting events and the like has the potential to create an appearance of impropriety to the public.  If unsolicited tickets are received, the Commission recommends that the City return the tickets with a request that the tickets be given to community members.

Opinion 11-04: City employee may not attend a lighting class where travel and lodging would be paid for by a vendor with a City contract.

Opinion 11-01: City employees may attend a product/technology presentation and partake in lunch provided by a GIS/GPS vendor.

Opinion 08-04: City employees may attend the free Microsoft conference and partake in continental breakfast, however, they may not accept software programs or door prizes from the conference.

Opinion 08-03: Public works employee who assists in bidding process and directs work of City contractors may be able to hire a City contractor to paint his personal home only if he discloses the issue to the Mayor. The Mayor shall determine whether the conflict is de minimus or requires reassignment of duties creating the conflict to another official in the same department.

Opinion 08-01: City employee may serve as Interim Fire Chief despite a conflict of interest with a vendor. Conflict of interest was properly disclosed and employee was removed from all work-related responsibilities related to the vendor.

Opinion 07-07: A member of the City's Ethics Commission may receive a monetary award for their community service/outreach from their employer.

Opinion 07-06: Ridge to Rivers employee may start a private trail consulting business for areas outside the Ridge to Rivers operating area.

Opinion 06-09: City employees may accept door prizes from the United Way, even if the value is above $50 so long as the prize is not being used to undermine official impartiality.

Opinion 06-07: Conference attendees may accept door prizes from organizer of conference, even if the value is above $50, and may also accept attendance “gifts” from the conference organizer as they are not really “gifts” but part of the Conference cost. Attendees should avoid accepting door prizes valued over $50 from conference vendors.

Opinion 06-07: City employees may receive free event tickets that are valued over $50 if the entity providing the ticket does not do business with the City and that there is no appearance of attempting to influence the employee(s).

Opinion 06-06: Fire department employees may receive “thank you” gift certificates from citizens where the certificates are valued under $50.

Opinion 06-05: An individual employee may accept a complimentary e-learning course that is valued at less than $50 from an entity with whom the city does not do business.

Opinion 06-03: City employees may accept discounts on personal computers from vendors with whom the city does business where the discount program is offered broadly to a large group, i.e., all governmental employees.

Opinion 05-06: City employees may attend training on environmental regulations and technical issues presented by third parties, even where the party presenting the training either has an existing business relationship with the City or may have a business relationship in the future, since the training is presented at no cost and does not have a substantial risk of undermining impartiality.

Opinion 05-05: City employees may attend breakfasts and luncheons hosted by the City’s solid waste contractor as these events have a business purpose and the meals are valued at less than $50.

Opinion 05-04: A City employee may not accept a free event ticket worth $199 from a vendor with whom the City does business.

Opinion 05-01: A city official who is also a member of a professional organization related to his position with the City may seek sponsorship funding for a conference of the professional organization from entities with whom the City does business where there is no pecuniary gain by the official. The City official should, however, clarify in writing that the solicitation is being made on behalf of the professional organization and not on behalf of the City.

 

 


1-21-03(D) – Fiduciary duties:  No City official shall violate the fiduciary duty owed to the City under this standard of conduct. The fiduciary duty is defined as a duty to act for the benefit of the citizens of the City of Boise, while subordinating one's personal interest to those of the City as a whole. When an employee expends any resources of the City, this duty requires that the expenditure be reasonable, prudent, and for the benefit of the City and not for personal gain.

Opinion 08-06: A City Parks and Recreation employee may coach his son’s hockey teams but may not accept any sort of compensation for coaching.

Opinion 07-04: City employees may work for companies that perform similar work as they are employed to do for the City when paid as hourly, fixed wage employees and there is not a conflict of interest or violation of the fiduciary duties owed to the City.

 


1-21-04 – Conflict of Interest:  For purposes of this section, an actual conflict of interest is defined as a set of circumstances wherein an official would be required to take an action or make a decision that would affect his or her personal financial or pecuniary interests, or those of a member of his or her household, or a business with which he or she is associated. An apparent conflict of interest is one that does not affect an official’s personal financial or pecuniary interests, but nevertheless calls into question his or her objectivity and independence. Any City official who has either an actual conflict of interest or an apparent conflict of interest, shall:  

A.    If an official other than an appointed or elected member of a Commission, Board or Council, verbally disclose such interest to the Mayor (or if such official is the Mayor, then to the City Council), who may require the assignment of the matter creating the conflict to another official of the same department of the City who does not have a conflict of interest, or determine such conflict de minimus, as defined below.
B.    If an appointed or elected member of a Commission, Board or Council, disclose such interest on the records of said Commission, Board or Council and shall disqualify himself or herself from participating in any decision or vote relating thereto, unless following such disclosure a majority of the remaining members of such Commission, Board or Council determined by official action at a public meeting of such Commission, Board or Council that such conflict of interest is de minimus, as defined below.

A pecuniary benefit is de minimis if it does not exceed the value of fifty dollars ($50.00) incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality as defined in Idaho Code § 18-1359. An officer’s interest in a contract is deemed de minimis if it is a remote interest. “Remote interest” means that of a nonsalaried officer of a nonprofit organization; that of an employee of a contracting party where the compensation consists entirely of fixed wages; that of a landlord or tenant of a contracting party; or that of a holder of less than one percent (1%) of the shares of a corporation or cooperative which is a contracting party, all as defined in Idaho Code § 59-201A. There is no conflict of interest if the official’s personal interest is so remote that it would be unreasonable to question his or her ability to impartially serve the City’s best interests. 

Opinion 14-01: Public works employees may teach erosion control certification courses through a third party and may receive compensation from the third party entity, but a public works supervisor may not participate in approving instructors for the courses if that individual is also an instructor.

Opinion 10-08: While there is not a conflict of interest for a City employee to submit an art proposal, the personal beneficial interest the employee gains by being paid for the City’s art project proposal prohibits continuing City employment. Further, the employee may not volunteer his time to the City and be paid for the art proposal given the definition of “employee” in the Purchasing Code.

Opinion 10-07: Public Works Commissioner's conflict of interest is obviated by the disclosure of the conflict and the recusal of the commissioner from discussions or decisions related to the conflict which come before the Commission.

Opinion 10-05: The City Engineer's son may work for an engineering firm that has active engineering projects with the City during a summer internship.

Opinion 10-04: The City's Arts Department may purchase software the Arts Department Director's husband works for since the employee's personal interest is remote and therefore not a conflict of interest.  The purchase of this particular piece of software further serves the best interest of the City and compliance with Boise City Code § 1-11-09 is waived by the Ethics Commission.

Opinion 10-03: A Fire Department employee should not have any direct involvement in the evaluative process during the firefighter test her boyfriend takes nor should she participate in any part of the firefighter testing process that may manipulate the testing score.

Opinion 09-07: A Public Works employee may contact and hire asphalt vendors whose invoices he may review during the course of his employment to repair asphalt for his neighborhood's Homeowners' Association.

Opinion 09-06: A Public Works employee may serve as his Neighborhood Association's President and may request grant monies from the City on behalf of the Neighborhood Association so long as he does not serve on the selection committee which distributes the grants.

Opinion 09-04:  Airport Commissioners, City employees and their family members may lease
T-hangars or commercial properties from the City, so long as they disclose the potential conflict of interest to the Airport Director and recuse themselves from any discussion concerning policies affecting the lease of T-hangars or commercial properties.

Opinion 09-03:  A City employee with an outside business should refrain from performing services for fellow City employees, who are either up or down in the City employee’s own chain of command, due to the potential for conflicts of interests and inferences of improper influences. Further, if outside work is being done for a City employee in the same department but not in the same chain of command, the relationship should be disclosed to a supervisor prior to any work being done.

Opinion 08-07: A City Public Arts employee may apply for an unpaid fellowship, where the work would be on her own time and the City does not compete for grants with the organization or conduct similar research activities.

Opinion 08-06: A City Parks and Recreation employee may coach his son’s hockey teams but may not accept any sort of compensation for coaching.

Opinion 08-05: An employee may start a fiber splicing business where the employee's personal beneficial interest is remote and there is no conflict of interest for the employee.

Opinion 08-03: Public works employee who assists in bidding process and directs work of City contractors may be able to hire a City contractor to paint his personal home only if he discloses the issue to the Mayor. The Mayor shall determine whether the conflict is de minimus or requires reassignment of duties creating the conflict to another official in the same department.

Opinion 08-02: An employee may apply to rent a market value property owned by the City. The employee would be required to follow all application and screening requirements and to meet all leasing provisions, similar to any other person attempting to rent the property.

Opinion 08-01: City employee may serve as Interim Fire Chief despite a conflict of interest with a vendor. Conflict of interest was properly disclosed and employee was removed from all work-related responsibilities related to the vendor.

Opinion 07-06: Ridge to Rivers employee may start a private trail consulting business for areas outside the Ridge to Rivers operating area.

Opinion 07-04:  City employees may work for companies that perform similar work as they are employed to do for the City when paid as hourly, fixed wage employees and there is not a conflict of interest or violation of the fiduciary duties owed to the City.

Opinion 07-02:  An employee may not subcontract with or serve as a temporary employee for an organization that has a business relationship with the City because such a relationship would create an apparent conflict of interest and a prohibited personal beneficial interest.

Opinion 07-01: Boise City Police employee may not sell safety encrypted cards to the City of Boise where the employee receives a personal beneficial interest from the sale of the cards.

Opinion 06-02: A city employee may be compensated by a third party for “striping” fields on City property for athletic use. There is no conflict of interest the “striping” is outside the normal scope of the employee’s duties with the city and is done not on city time or with city equipment.

Opinion 05-07: The manager of the City’s Housing and Community Development division may be a Director of a non-profit mortgage banking consortium; there is no actual conflict of interest since the employee has no direct pecuniary interest, and there is no apparent conflict of interest since the organization does not do business with the City.

Opinion 05-03: The manager of the City’s Housing and Community Development division may serve on the Board of Directors of a non-profit community service organization. There is no conflict of interest as the employee will receive no pecuniary benefit and the organization does not seek financial assistance from the City.

Opinion 05-01: A city official who is also a member of a professional organization related to his position with the City may seek sponsorship funding for a conference of the professional organization from entities with whom the City does business where there is no pecuniary gain by the official. The City official should, however, clarify in writing that the solicitation is being made on behalf of the professional organization and not on behalf of the City. Further, the city official should in the future disclose the fact of the solicitation in the event that the official participates in a purchasing decision related to any of the vendors whom he solicited.

 

 


1-21-05(A) – Prohibited Influence and Conduct – Accepting Gifts:  No City official shall solicit or receive any valuable gift, or anything of value, including favors, services, or promises of future employment, based on any understanding that such official's vote, official action, or judgment would be influenced thereby, or where it could reasonably be inferred that the thing of value would influence the official in the discharge of his or her duties, or as a reward for the discharge of his or her duties.

Opinion 13-01: City Plumbing Inspectors may attend foundry and building tours in another state paid for by a trade association that has no direct or indirect interest in business dealings of the City.

Opinion 12-05: A City employee may assist a private company, from which the City has already purchased a product and with which the City continues to have an ongoing maintenance contract with, by providing testimonials and information on the product, for which the City employee has no personal benefit and will receive nothing of value.  The City will receive additional IT support from the private company in exchange but it is not a valuable gift.

Opinion 12-04: Nothing in the City’s Code of Ethics or Purchasing Code would prohibit Bodybuilding.com from providing supplements to the fire and police departments; however, the decision whether to accept these supplements should be made by City administration.

Opinion 11-01: City employees may attend a product/technology presentation and partake in lunch provided by a GIS/GPS vendor.

Opinion 09-03:  A City employee with an outside business should refrain from performing services for fellow City employees, who are either up or down in the City employee’s own chain of command, due to the potential for conflicts of interests and inferences of improper influences. Further, if outside work is being done for a City employee in the same department but not in the same chain of command, the relationship should be disclosed to a supervisor prior to any work being done.

Opinion 08-04: City employees may attend the free Microsoft conference and partake in continental breakfast, however, they may not accept software programs or door prizes from the conference.

Opinion 06-09: Employees are not prohibited from accepting gifts (valued over $50) that are simply incentives to get employees to participate in meetings.

Opinion 06-07: Awards (valued over $50) that are won based upon performance at competitions at conferences or events are not “rewards” or “gifts” as defined under this section.

Opinion 06-06: Fire department employees may receive “thank you” gift certificates from citizens where the certificates are valued under $50.

Opinion 06-05: An individual employee may accept a complimentary e-learning course that is valued at less than $50 from an entity with whom the city does not do business.

Opinion 05-06: City employees may attend training on environmental regulations and technical issues presented by third parties, even where the party presenting the training either has an existing business relationship with the City or may have a business relationship in the future, since the training is presented at no cost and does not have a substantial risk of undermining impartiality.

Opinion 05-04: A City employee may not accept a free event ticket worth $199 from a vendor with whom the City does business.

 


1-21-05(B) – Prohibited Influence and Conduct – Accepting Money:  No person shall offer or pay to a City official, and no such official shall solicit or receive, any money in any amount in addition to that received as wages or salary by the official in his official capacity, for advice or assistance given in the course of the official's employment or relating to this employment.

Opinion 06-07: Employees should not accept “thank you” gifts for “volunteer” service that is performed on city time and while the employee is receiving pay from the City.

Opinion 06-06: “Thank you” gift certificates that are vendor-specific and not redeemable for cash are not “cash” as contemplated by this section.


1-21-07  – Financial Interest Exception: A City official shall not be deemed to have a financial interest in a matter if his interest is solely that of a general taxpayer or solely that of a recipient of public services generally provided by the City on the same terms and conditions as if he were not an official.

No opinions currently proposed or written


1-21-08 - Appointments to Boards and Commissions:  Appointments to Boards and Commissions of the City shall be made with a view to minimizing potential conflicts of interest described in this Ordinance and no person shall be appointed to any such Board or Commission if his potential conflicts of interest are of such a degree that they are likely to substantially interfere with the performance of his duties as an official. Appointments to such Boards and Commissions have memberships which approximate the diverse interests of the residents of the City.

No opinions currently proposed or written


1-21-06  - PROHIBITION OF FINANCIAL INTEREST:
A. Neither the Mayor, members of the Council, City employees, nor agents of the City shall have any personal beneficial interest, either directly or indirectly in any expenditure, purchase, sale, or contract made by the City or in any firm, corporation or association furnishes or bids on such purchase, sale or contract, except as provided in subsections B and C.

B. One-half plus one (1) of the full Council or the Ethics Commission when appropriate pursuant to the Code shall have the authority to waive compliance with Subsection A when the instant situation meets all of the following criteria:
1. Either of the following conditions are met:
a. The interest is "de minimis" or "remote" as defined by Idaho Code 59- 201A or Boise City Code 1-21-04, that a waiver of compliance will serve the best interest of the City; or
b. The prospective contractee is an employee or agent who receives no salary or fee as compensation for the services provided to the City; and
2. No actual conflict of interest exists as defined by Boise City Code 1-21-04; and
3. The award/contract serves the best interest of the City; and
4. The award/contract does not constitute a violation of any laws of the State of Idaho or Boise City Code.

C. Surplus: Employees and their immediate family may purchase surplus property of the City if that employee does not participate in the decision to dispose of that property as surplus.

D. Rebates or Valuable Gifts: Every officer and employee of the City is expressly prohibited from seeking or accepting, directly or indirectly, any money rebates or valuable gifts from any person, company, firm or corporation to which any purchase order or contract is or might be awarded.

E. Standard of Conduct: Every officer, employee or agent of the City is expressly prohibited from knowingly:
1. Underestimating or exaggerating requirements to certain prospective bidders in order to influence bids.
2. Misrepresenting a competitor's prices, quality or service to obtain concessions.
3. Splitting invoices or orders, etc. in an effort to avoid the competitive bid requirements of Idaho Code and City of Boise Ordinances.

Opinion 12-05: A City employee may assist a private company, from which the City has already purchased a product and with which the City continues to have an ongoing maintenance contract with, by providing testimonials and information on the product, for which the City employee has no personal benefit and will receive nothing of value.  The City will receive additional IT support from the private company in exchange but it is not a valuable gift.

Opinion 12-04: Nothing in the City’s Code of Ethics or Purchasing Code would prohibit Bodybuilding.com from providing supplements to the fire and police departments; however, the decision whether to accept these supplements should be made by City administration.

Opinion 12-02: A City Parks and Recreation employee may continue to work for Diamond Street Recycling even though the City has a contract with the company.  While there is an indirect personal beneficial interest, the Ethics Commission waives compliance under facts presented in this case.

Opinion 11-05: The City may negotiate and contract for any terms, however, the contracting for tickets to sporting events and the like has the potential to create an appearance of impropriety to the public.  If unsolicited tickets are received, the Commission recommends that the City return the tickets with a request that the tickets be given to community members.

Opinion 11-02: The City’s Department of Arts and History may award grant funds to a local group of artists, which includes a City employee, so long as the City employee is not paid for his participation in the project.

Opinion 11-03: A City employee may be hired by a lessee of City property to irrigate the City property and may pasture his animals and use the excess pasture grass.

Opinion 10-08: While there is not a conflict of interest for a City employee to submit an art proposal, the personal beneficial interest the employee gains by being paid for the City’s art project proposal prohibits continuing City employment. Further, the employee may not volunteer his time to the City and be paid for the art proposal given the definition of “employee” in the Purchasing Code.

Opinion 10-04: The City's Arts Department may purchase software the Arts Department Director's husband works for since the employee's personal interest is remote and therefore not a conflict of interest.  The purchase of this particular piece of software further serves the best interest of the City and compliance with Boise City Code § 1-11-09 is waived by the Ethics Commission.

Opinion 10-02: The City may not pay a City employee for producing Ridge to Rivers Ranger backpack covers as the employee would have a direct personal beneficial interest in a City expenditure.
Opinion 09-01: A City employee may not submit a bid for emergency vehicle up-fitting services for the City.

Opinion 08-06: A City Parks and Recreation employee may coach his son’s hockey teams but may not accept any sort of compensation for coaching.

Opinion 08-05: An employee may start a fiber splicing business where the employee's personal beneficial interest is remote and there is no conflict of interest for the employee.

Opinion 08-01: City employee may serve as Interim Fire Chief despite a conflict of interest with a vendor. Conflict of interest was properly disclosed and employee was removed from all work-related responsibilities related to the vendor.

Opinion 07-04City employees may work for companies that perform similar work as they are employed to do for the City when paid as hourly, fixed wage employees and there is not a conflict of interest or violation of the fiduciary duties owed to the City.

Opinion 07-03: A part-time City employee may participate as an exhibitor at the City's Health Fair to promote her acupuncture services.

Opinion 07-02: An employee may not subcontract with or serve as a temporary employee for an organization that has a business relationship with the City because such a relationship would create an apparent conflict of interest and a prohibited personal beneficial interest.

Opinion 06-08: City employees may not solicit or ask contract vendors or non-contract suppliers to provide products for City use.

Opinion 06-03: City employees may accept discounts on the purchase of computers from vendors with whom the City does business, unless the discount were provided to an individual employee with purchasing authority as a result of the employee’s placement of an order of computers with the vendor.

Opinion 06-01: City employees may not conduct business with the City through an outside business venture that is owned by the employees (leasing a firearms range) where the employees have a direct pecuniary interest and the venture exceeds $50 in payments to the employees, making the interest more than de minimus.

Opinion 05-01: A city official who is also a member of a professional organization related to his position with the City may seek sponsorship funding for a conference of the professional organization from entities with whom the City does business. The City official should, however, clarify in writing that the solicitation is being made on behalf of the professional organization and not on behalf of the City.