(A) No officer, employee, appointee or volunteer of the city or any city 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 city or a city agency, except as follows.
(1) The prohibition in division (A) of 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 a city or city agency office; before an employee was hired by the city or city agency; or before a volunteer commences work or representation on behalf of the city or a city agency. However, if any contract entered into by the city or any city agency officer or employee before he or she became a candidate, was appointed to office, was hired as an employee or began work or representation of the city as a volunteer, is renewable after he or she becomes a candidate, assumes the appointed office, is hired as an employee or begins work as a volunteer, then the prohibition in division (A) above shall apply to the renewal of the contract.
(2) The prohibition in division (A) of this section shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer, employee, appointee or volunteer is authorized to participate in establishing the contract specifications, awarding the contract or managing contract performance after the contract is awarded. If the officer, employee, appointee or volunteer has any of the authorities set forth in the preceding sentence, then the officer, employee, appointee or volunteer shall accept no interest in the contract, unless the requirements set forth below are satisfied.
(a) The specific nature of the contract transaction and the nature of the officer’s, employee’s, appointee’s or volunteer’s interest in the contract are publicly disclosed at a meeting of the City Council, board or other subdivision.
(b) The disclosure is made a part of the official record of the City Council, board or other subdivision 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, employee, appointee or volunteer is in the best interests of the public and the city or city agency because of price, limited supply or other specific reason.
(d) The finding is made a part of the official record of the City Council, board or other subdivision before the contract is executed.
(B) Any violation of this section shall constitute a Class A misdemeanor, and, upon conviction, the court may void any contract entered into in violation of this section. Additionally, a violation of this section shall be grounds for removal from office or employment with the city in accordance with any applicable provisions of state law and ordinances, rules or regulations of the city.
(Prior Code, § 39.16) (Ord. passed 11-28-1994)