(A) No officer or employee of the county or any county agency shall directly or through others undertake, execute, hold, or enjoy, in whole or in part, any contract made, entered into, awarded, or granted by the county or a county agency including, but not limited to the following:
(1) No magistrate, while a member of the Fiscal Court shall:
(a) Become interested in or receive benefits or emoluments from any contract let by the fiscal court of his county with relation to the building of roads or any internal improvements;
(b) Work or supervise work, for compensation, on any public road, bridge, culvert, fill, quarry pit or any other road work or internal improvement under any contract made with the fiscal court; or
(c) Furnish, for compensation, any material to the county to be used in the construction of any road or bridge or other internal improvement.
(2) No County Judge/Executive or county attorney shall, directly or indirectly, receive any benefits or emoluments from, furnish any material or other thing of value to be used in, or be interested in any contract let by the fiscal court for the construction of any roads, bridges or parts thereof, or any other public or internal improvement.
(3) Any officer who violates any of the provisions of this section shall be fined not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) or imprisoned in the county jail not less than ten (10) nor more than forty (40) days or both, and shall forfeit his office.
(B) No officer or employee of the city or any city agency shall directly or indirectly or through others undertake, execute, hold, or enjoy, in whole or in part, any contract made, entered into, awarded, or granted by the city or a city agency including, but not limited to the following:
(1) The prohibition in this section shall not apply to contracts entered into before an elected officer filed as a candidate for city office, before an appointed officer was appointed to the office, or before an employee was hired by the city or city agency; provided that if the contract is renewable, the prohibition shall apply to any renewal of the contract that occurs after the officer is elected or appointed, or after the employee is hired, unless the provisions of paragraph (3) of this subsection are satisfied;
(2) The prohibition in this section shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer or employee is authorized to participate in establishing the contract specifications, or awarding, or managing the contract, in which case the provisions of paragraph (3) of this subsection shall be satisfied;
(3) The prohibition in this section shall not apply if the following requirements are met:
(a) The specific nature of the contract transaction and the nature of the officer’s or employee’s interest in the contract are publicly disclosed at a meeting of the governing body of the city or city agency.
(b) The disclosure is made a part of the official record of the governing body of the city or city agency before the contract is executed;
(c) A finding is made by the governing body of the city or city agency that the contract with the officer or employee is in the best interests of the public and the city or city agency because of price, supply, or other specific reasons; and
(d) The finding is made a part of the official record of the governing body of the city or city agency before the contract is executed.
(C) Violation of this section is a Class A misdemeanor, and upon conviction, the court may void any contract entered into in violation of this section. Additionally, violation of this section shall be grounds for removal from office or employment, in accordance with applicable provisions of law.
(Ord. 571, passed 1-19-95; Am. Ord. B2011-04, passed 4-12-11)