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designated employee within twelve months prior to the time <br />when the decision is made; or <br /> <br /> (D) Any business entity in which the designated <br />employee is a director, officer, partner, trustee, employee, <br />or holds any position of management. <br /> <br /> No designated employee shall be prevented from <br />making or participating in the making of any decision to the <br />extent his or her participation is legally required for the <br />decision to be made. The fact that the vote of a designated <br />employee who is on a voting body is needed to break a tie <br />does not make his or her participation legally required for <br />purposes of this section. <br /> <br />(9) Section 9. Manner of Disqualification. <br /> <br /> When a designated employee determines that he or <br />she should not make a governmental decision because he or she <br />has a financial interest in it, the determination not to ~ct <br />must be accompanied by disclosure of the financial interest. <br />In the case of a voting body, this determination and <br />disclosure shall be made part of the agency's official <br />record; in the case of a designated employee who is the head <br />of an agency, this determination and disclosure shall be made <br />in writing to his or her appointing authority~ and in the <br />case of other designated employees, this determination and <br />disclosure shall be made in writing to the designated <br />employee's supervisor. <br /> <br />12 <br /> <br /> <br />