Loading...
(A) In addition to the prohibition against self-benefitting from a public contract under G.S. 14-234, no employee, officer, or agent of the town may participate directly or indirectly in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. A real or apparent conflict of interest exists when any of the following parties has a financial or other interest in or receives a tangible or personal benefit from a firm considered for award of a contract:
(1) The employee, officer, or agent involved in the selection, award, or administration of a contract;
(2) Any member of his or her immediate family;
(3) His or her partner; or
(4) An organization which employs or is about to employ one of these parties.
Any officer, employee, or agent with an actual, apparent, or potential conflict of interest as defined in this policy shall report the conflict to his or her immediate supervisor. Any such conflict shall be disclosed in writing to the federal award agency or pass-through entity in accordance with federal awarding agency policy.
(B) Any person in a position of public trust violating the provision of this section shall, upon conviction, be guilty of a misdemeanor and be punished in accordance with the provisions of G.S. § 14-234.
(Ord. passed 4-18-83; Am. Ord. 2018-09-04, passed 9-4-18)
The following shall be exceptions to the conflict- of-interest policy stated in § 36.02:
(A) Municipal officials who transact business with banks, savings and loan associations, or public utilities when the transactions are made in the regular course of business. Approval of this contract or undertaking must be specifically made through a resolution of the Town Council, with the interested official not voting on the resolution.
(B) Elected town officials, or persons appointed to fill elective town offices, may transact business with the town if the following safeguards are strictly observed:
(1) The official entering into the contract with the town does not vote or participate in any way in his official capacity;
(2) The total yearly amount of such contracts is noted in audited annual financial statements of the town;
(3) The contract, or series of contracts, must not exceed $10,000 for medically-related services or $15,000 for other goods or services within a 12-month period, is approved by a specific resolution of the Town Council, and is recorded in the minutes;
(4) A list of all such officials with whom contracts have been made will be posted in a conspicuous place in the Town Hall, briefly describing the subject matter of the contracts and their total amounts covering the preceding 12 months, and must be brought up-to-date at least quarterly; and
(5) No contract or single transaction may exceed $2,500.
(C) Town officials may receive payment for services, facilities, or supplies provided to needy persons under state or federal assistance programs if:
(1) The needy person selects the provider;
(2) The provider takes no part in approving his own bill; and
(3) The program is open to all interested parties of the profession or occupation to participate as a provider on a nondiscretionary basis.
(Ord. passed 4-18-83)
GIFTS AND FAVORS
(A) It shall be unlawful for a contractor, sub-contractor, or supplier who, with respect to any town agency, has a current contract; has performed under a contract within the past year; or anticipates bidding on a future contract, to make gifts or favors to any officer or employee of the agency who is charged with the duty of preparing plans, specifications, or estimates; awarding or administering contracts; or inspecting or supervising construction.
(B) In addition to the prohibition against accepting gifts and favors from vendors and contractors under G.S. 133-32, officers, employees, and agents of the town are prohibited from accepting or soliciting gifts, gratuities, favors, or anything of monetary value from contractors, suppliers, or parties to subcontracts. Items of nominal value, as defined in the Town of Clayton Personnel Policy, may be accepted.
(Ord. passed 4-18-83; Am. Ord. 2018-09-04, passed 9-4-18) Penalty, see § 10.99
Honorariums for participating in meetings, advertising items or souvenirs of nominal value, or meals furnished at banquets shall be exempt from the prohibition of § 36.15.
(Ord. passed 4-18-83)
DISPOSAL OF PERSONAL PROPERTY
(A) The Finance Director or his or her designee is hereby authorized to dispose of any surplus personal property owned by the town, whenever he or she determines, in his or her discretion, that:
(1) The item or group of items has a fair market value of less than $30,000;
(2) The property is no longer necessary for the conduct of public business; and
(3) Sound property management principles and financial considerations indicate that the interests of the town would best be served by disposing of the property.
(B) The Finance Director or his or her designee may dispose of any such surplus personal property by any means which he or she judges reasonably calculated to yield the highest attainable sale price in money or other consideration, including but not limited to the methods of sale provided in Article 12 of G.S. Chapter 160A. Such sale may be public or private, and with or without notice and minimum waiting period.
(C) The surplus property shall be sold to the party who tenders the highest offer, or exchanged or any property or services useful to the town if greater value may be obtained in that manner, and the Finance Director or his or her designee is hereby authorized to execute and deliver any applicable title documents. If no offers are received within a reasonable time, the Finance Director or his or her designee may retain the property, obtain any reasonably available salvage value, or cause it to be discarded. No surplus property may be donated to any individual or organization except by resolution of the Town Council.
(D) The Finance Director or his or her designee shall keep a record of all property sold under authority of this chapter and that record shall generally describe the property sold or exchanged, to whom it was sold, or with whom exchanged, and the amount of money or other consideration received for each sale or exchange.
(E) This chapter is enacted pursuant to G.S. § 160A-266(c).
(Ord. passed 2-7-94; Am. Ord. 2018-07-01, passed 7-16-18; Am. Ord. 2018-09-04, passed 9-4-18)