An ordinance amending Chapter 2.04 of the Metropolitan Code of Laws pertaining to ethical standards for Members of Council and disclosure of interests, all of which is more specifically described herein.

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Chapter 2.04 of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting the provisions of Section 2.04.060 in their entirety and substituting in lieu thereof the following new provisions:

Section 2.04.060. Conflict of interest.
A. Whenever a council member has or is likely to have a conflict of interest in connection with a matter pending before the council or any committee of the council, said member shall disqualify himself from further action on the matter and shall not vote on said matter, and shall notify the vice mayor and metropolitan clerk in writing of said conflict of interest. For purposes of this section, "conflict of interest" includes, but is not limited to: (1) the knowledge of a material financial interest by the council member distinguishable from that of the public generally, or from that of other metropolitan government officers or employees generally, in any matter pending with the council; (2) negotiations or arrangements concerning prospective employment with a person or organization which has a financial interest in a matter with or under consideration by the metropolitan government or any of its agencies.
B. Whenever a council member has or is likely to have a conflict of interest in connection with any official matter other than one pending before the council, said member shall either:
1. Disqualify himself from further participation in the proceeding and notify the metropolitan clerk in writing of said conflict of interest; or
2. Conduct himself in accordance with an advisory opinion or determination of the board of ethical conduct.

Section 2. That Chapter 2.04 of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting the provisions of Section 2.04.080 in their entirety and substituting in lieu thereof the following new provisions:

Section 2.04.080. Soliciting or accepting gifts or other benefits.
A. A council member shall not derive or attempt to derive any unjustified enrichment from his office. This subsection forbids:
1. The solicitation or acceptance of any bribe, or any gift or other benefit, including, but not limited to, an advance, award, contract, compensation, contribution, deposit, favor, fee, honorarium, loan, payment, reward, or remuneration, or of any promise of similar benefit, to himself, family members, or his employer which he believes or reasonably should believe was intended to influence his vote or other action to be taken in his official capacity; or
2. The solicitation or acceptance of any gift or other economic benefit, including, but not limited to, an advance, award, contract, compensation, contribution, deposit, favor, fee, honorarium, loan, payment, reward, or remuneration, conferred because of any vote or other action in his official capacity already taken by him; or
3. The acquisition or use for personal purposes of any property, services or funds of metropolitan government, unless authorized by law; or
4. The use for personal gain of information pertaining to metropolitan government which is not a matter of common knowledge, at a time when it is treated as confidential by metropolitan government.
5. The acceptance of meals, beverages, food, free or discounted admissions, tickets, access to events, or travel expenses from any single source of an aggregate value in any calendar year in excess of one hundred dollars ($100.00), provided that a council member may accept from the sponsoring organization, on behalf of himself and a guest, free or discounted admissions, tickets or access of a face value in excess of one hundred dollars ($100.00) if the event is generally recognized as an annual fund raising benefit sponsored by a nonprofit organization. Further, this subsection shall not prohibit a member of council from accepting gifts or other benefits from an immediate relative, spouse, spouse's relative, or household member.
6. The acceptance of food and/or beverages furnished by an individual or organization that presently has a matter pending with the council, has had a matter pending with the council in the past, or is likely to have matters pending with the council in the future.
B. A council member shall not solicit or arrange for a benefit of any type prohibited in subsection A of this section to be conferred on any other person.
C. For the purposes of this section, a member of council who receives a gift or benefit which is provided to all other members of council, other elected officials, employees of the metropolitan government, or members of the general public, shall not be deemed a gift or benefit prohibited by this section.

Section 3. That Chapter 2.04 of the Metropolitan Code of Laws shall be and the same is hereby amended by adding the following new Section 2.04.135:

2.04.135. Disclosure
A. It is the determination of the Metropolitan Council that disclosure of interests advances the favorable opinion of the public in the integrity of government. Accordingly, the following disclosure requirements shall apply to Members:
B. Annual Disclosures
1. On or before sixty (60) days following adoption of this Ordinance and thereafter on or before January 30 of each year, each Member shall file with the Metropolitan Clerk an Annual Disclosure Statement setting forth the information requested therein as of and for the year ended December 31 of the preceding year, with said Disclosure Statement to be personally signed by the Member and attested as being true to the best of that Member's information and belief. In completing the Disclosure form, the Member should recognize that the purpose of the Disclosure is to alleviate reasonable concerns, justified or not, of the public concerning possible conflicts and influences upon the Member's exercise of his or her legislative discretion. In situations involving ambiguity as to the application of the requested information to the facts of a Member's situation, the Disclosure Statement should be completed in all material respects, reasonably consistent with this intent.

2. The Clerk of the Metropolitan Council shall, on or before the 10th day following the filing deadline for Annual Disclosure Statements, certify to the Vice Mayor and the Executive Committee of the Council whether or not each Member has filed an Annual Disclosure Statement and further notifying the Vice Mayor and Executive Committee of any Members who have failed to comply with this Disclosure requirement. The Clerk shall also supply a copy of the Disclosure Statements to the Special Legislative Counsel who shall be responsible for reviewing each of the Disclosure Statements as to form and substance and reporting to the Vice Mayor and Executive Committee as to the compliance with the reporting requirements of each Statement.

3. Each Member shall amend his or her current Disclosure Statement within thirty (30) days of the occurrence of any material change to the disclosures.

4. All Disclosure Statements, amendments thereto, and the copies required to be filed pursuant to this Section shall be prepared by the Metropolitan Council Office as directed by each Councilmember and maintained by the Metropolitan Clerk, readily available to the public.

5. The Annual Disclosure Statement shall require the information set forth in the following form:

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ANNUAL DISCLOSURE STATEMENT

COUNCIL MEMBER: ______________________ DISTRICT: _____________/ N/A

This Annual Disclosure Statement is submitted in compliance with Section 2.04.080 of the Metropolitan Code for the year ended December 31, ______.

Use additional sheets of paper as necessary.

1. List all sources of your income for the preceding calendar year. Gifts from family members and relatives by blood or marriage need not be disclosed. Additionally, a Member who is self-employed need not disclose the names of individual clients or customers, but shall disclose the name of his/her business and the type of work he/she engages in.

Sources: Percentage of your income:

_____________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

2. To the best of your knowledge, list all sources of income for your spouse for the preceding calendar year. Gifts from family members and relatives by blood or marriage need not be disclosed. Additionally, a Member who is self-employed need not disclose the names of individual clients or customers, but shall disclose the name of his/her business and the type of work he/she engages in.

Family member: Source:

______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

3. Do you or your spouse presently have a financial interest of at least 5% (five percent) of any business with operations, offices, or interests in the Metropolitan Nashville area?

_____Yes _____ No

If Yes:

Yourself or Business name and address: Percent of the business Family member: represented by the interest, if known:

______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

4. Do you or your spouse have a direct or indirect financial interest in any real property located in Davidson County, including your primary residence? Indirect interests indicate interests of greater than 5% in Real Estate Investment Trusts, other trusts in which you hold a beneficial interest in excess of 5% and other legal entities whose primary business is real estate related.

_____Yes _____ No

If Yes:

Name and address of the real property: _____________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

5. Do you or your spouse hold any position* with any for-profit entity, non-profit entity, labor group, or educational or other institution, which position is not disclosed above as a source of income?

*These include positions from which no value is received.

_____Yes _____ No

If Yes:

Person: Position: Entity:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

6. Do you or your spouse have a financial interest in, or are you or a family member a party to, any litigation involving the Metropolitan Government?

_____Yes ______ No

If Yes, describe each: ___________________________________________________
_____________________________________________________________________
_____________________________________________________________________

7. Do you or your spouse have any* debts, guarantees, or endorsements of debts aggregating over $5,000 owed to any one creditor?

*Excluding liabilities owed to a family member or relative by blood or marriage, and excluding loans from established financial institutions made in the ordinary course of business on usual and customary terms.

_____Yes _____ No

If Yes, describe each: ___________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

8. Do you or your spouse have any debts in excess of $5,000 which are secured by a guarantee or collateral of any individual other than a family member or a relative by blood or marriage?

_____Yes _____ No

If Yes, describe each: ___________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

The information provided herein is, to the best of my knowledge and belief, true and complete.

___________________________________
Signature of Council Member
____________________________________
Date

Sworn to and subscribed before me this
____ day of _________________, 20__.

________________________________
Notary Public

My Commission Expires:
________________________________

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C. Election Commission Disclosures. All Members shall, in addition to the Annual Disclosure Statement, file with the Metropolitan Clerk a duplicate copy of all filings with the Election Commission as are required by state and/or Metropolitan government law.

D. Personal Interest Disclosures. In addition to the foregoing Annual Disclosure Statements and Election Commission filings, each Member shall notify the presiding officer and the Metropolitan Clerk, preferably in writing and as far in advance of the expected time of consideration of the legislation as reasonably possible, of any direct and/or indirect personal interests which the Council person, any family member, employer and/or material client or customer of the Member may have in any legislation pending before the Council, and, as appropriate, shall comply fully with the provisions of Tennessee law in that regard.

E. Quarterly Benefits Disclosures. In addition to the foregoing, each Member shall file a report, in form and substance as attached below, with the Metropolitan Clerk within thirty days of the end of the months of March, June, September, and December, a Benefits Report of the form and content set forth below, of Anything of Value received by the Council person within the preceding quarter, exclusive of the following:

1. All donations in connection with political campaigns made and reported in compliance with Tennessee election laws;

2. Food and/or beverages of a nominal value furnished by individuals or organizations simultaneously to all Members provided that the sponsoring organization (i) has filed notice with the Metropolitan Clerk at least ten days in advance of the event setting forth the time, place, general nature, and reasonable estimated value of the benefit not to exceed $25 to any individual attending Member; and (ii) presently has no matter pending with the Council, has had no matter pending with the Council in the past, and is not likely to have matters pending with the Council in the future. The Clerk shall maintain a list of requested sponsors.

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COUNCIL MEMBER QUARTERLY BENEFIT REPORTING STATEMENT

COUNCIL MEMBER: ______________________ DISTRICT: _____________/ N/A
For the quarter ending ____________________, ____ (year).

Use additional sheets of paper as necessary.
Instructions:

1. List Anything of Value you have received, as defined in Article II, Chapter 2.04 of the Metropolitan Code, since your last Quarterly Reporting Form was submitted.

a. Benefit type may be described by reference to the following abbreviations:
M = Meals, food, and beverage items
A = Admissions, tickets to events, or other access (including parking)
T = Travel expense
O = Other (describe)

b. For purposes of this report, the Member is not required to list those items set forth in Section 2.040.080 E 1and 2.

Source: Date: Benefit Type and Description: Value:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

2. As to each Source, set forth in Item 1, list the aggregate Value of all benefits you have received this calendar year.

Source: Value:
__________________________________________________________________
______________________________________________________________________
______________________________________________________________________

The information provided herein is, to the best of my knowledge and belief, true and complete.
_______________________________
Signature of Council Member
_________________________________
Date

Sworn to and subscribed before me this
____ day of ____________, 20__.

________________________________
Notary Public

My Commission Expires: ____________

**********

F. By July 31 of each year, the Executive Committee of the Council shall consider and make recommendations to the Council concerning amendments or modifications to the Statements which the Executive Committee believes appropriate.

Section 4. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Charlie Tygard