38-508. Authority of public officers and
employees to act


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.


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.