A. If the provisions of section 38-503 prevent an appointed public officer or a public employee from acting as required by law in his official capacity, such public officer or employee shall notify his superior authority of the conflicting interest. The superior authority may empower another to act or such authority may act in the capacity of the public officer or employee on the conflicting matter.

Terms Used In Arizona Laws 38-508

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Employee: means all persons who are not public officers and who are employed on a full-time, part-time or contract basis by an incorporated city or town, a political subdivision or the state or any of its departments, commissions, agencies, bodies or boards for remuneration. See Arizona Laws 38-502
  • Make known: means the filing of a paper which is signed by a public officer or employee and which fully discloses a substantial interest or the filing of a copy of the official minutes of a public agency which fully discloses a substantial interest. See Arizona Laws 38-502
  • Official records: means the minutes or papers, records and documents maintained by a public agency for the specific purpose of receiving disclosures of substantial interests required to be made known by this article. See Arizona Laws 38-502
  • Public agency: means :

    (a) All courts. See Arizona Laws 38-502

  • Public officer: means all elected and appointed officers of a public agency established by charter, ordinance, resolution, state constitution or statute. See Arizona Laws 38-502

B. If the provisions of section 38-503 prevent a public agency from acting as required by law in its official capacity, such action shall not be prevented if members of the agency who have apparent conflicts make known their substantial interests in the official records of their public agency.

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