(A) The city maintains strict adherence to its Code of Ethics, in all manners, and as defined by this code of ordinances, Chapter 36. In addition to the above referenced Code of Ethics, the city shall also observe and abide by the ethical standards prescribed by KRS 45A.455, as it pertains to public procurement.
(B) The provisions of KRS 45A.455 state:
(1) It shall be a breach of ethical standards for any city employee or official with procurement authority to participate directly in any proceeding or application; request for ruling or other determination; claim or controversy; or other particular matter pertaining to any contract, or subcontract, and any solicitation or proposal therefor, in which to their knowledge:
(a) They, or any member of their immediate family has a financial interest therein;
(b) A business or organization in which they or any member of their immediate family has a financial interest as an officer, director, trustee, partner or employee, is a party; or
(c) Any other person, business or organization with whom they or any member of their immediate family is negotiating or has an arrangement concerning prospective employment is a party. Direct or indirect participation shall include, but not be limited to, involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing or in any other advisory capacity.
(C) It shall be a breach of ethical standards for any person to offer, give or agree to give any city employee, official or former employee, or for any city employee, official or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling or other determination, claim or controversy, or other particular matter, pertaining to any contract or subcontract and any solicitation or proposal therefor.
(D) It is a breach of ethical standards for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.
(E) The prohibition against conflicts of interest and gratuities and kickbacks shall be conspicuously set forth in every city contract and solicitation therefor.
(F) It shall be a breach of ethical standards for any city employee, official or former employee knowingly to use confidential information for his or her actual or anticipated personal gain, or the actual or anticipated personal gain of any other person.
(1984 Code, § 35.80) (Ord. O-24-19, passed 7-23-2019)