(a) Impermissible financial interest in discretionary city contract or sale. This subsection applies only to contracts or sales made on a discretionary basis and not to contracts or sales made on a competitive bid basis. Within one year after the termination of official duties, a former city official or employee shall not have any financial interest, direct or indirect, in any discretionary contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies, or services. Any violation of this subsection, with knowledge, express or implied, of the person or corporation contracting with the city, renders the contract involved voidable by the city manager or city council.
(b) Additional restrictions. A former city official or employee may not, within one year after leaving the service or employment of the city, either individually or as the officer or principal of a private business entity:
(1) submit a proposal, on behalf of the official or employee or on behalf of a private business entity, to make any discretionary city contract; or
(2) negotiate or enter into any discretionary city contract.
(c) Prior participation in negotiation or award of contract and disclosure requirements. A former city official or employee may not, within one year after the termination of official duties, perform work on a compensated basis relating to a discretionary contract with the city if he or she personally participated in the negotiation or awarding of the contract. A former city official or employee, for one year after termination of official duties, must disclose to the city secretary immediately upon knowing that he or she will perform work on a compensated basis relating to any discretionary contract with the city.
(d) Exceptions. The prohibitions of Subsections (a), (b), and (c) do not apply to:
(1) a contract for the personal services of a former city official or employee;
(2) a member of a board, commission, or body that is advisory only;
(3) a volunteer on a committee or task force formed by a board or commission; or
(4) the provision of goods, facilities, or services by the city to a former city official or employee pursuant to duly adopted city policies and on nonnegotiable terms generally available to the public, including renting a recreational space.
(e) Waivers. The prohibitions of Subsections (a), (b), and (c) may be waived by the city council, after a review of the specific circumstances, for a person who is considered a former official because he or she was a member of a board or commission that is more than advisory in nature. (Ord. Nos. 24316; 24721; 32072
; 32472
)