Legal Opinion Regarding Board, Council and Commission Conflicts

Question Presented

A legal opinion was requested as to whether, during their periods of appointment, board, council, committee, or commission members (board members), would be precluded from applying for, or receiving benefits or other privileges from the board upon which that member sits.

Opinion from City Attorney

The City Code does not absolutely prohibit board members from applying for City benefits. However, board members must publicly disclose potential or actual conflicts between their public duty and private interests, and those of related parties, and abstain from all discussion and vote on an award of financial benefits or funds, including any discussion or vote on any other applications for the same subject funds or benefits.

Under Montana and Federal law, there are opportunities for disclosure and voting in certain circumstances, but the Official Code of the City of Great Falls (OCCGF) does not mirror those provisions. I advise that the OCCGF be updated to similarly allow such for clarification.