§ 40.11  CONFLICTS OF INTEREST IN CONTRACTS.
   (A)   No officer or employee of the city 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, except as follows:
      (1)   The prohibition in subsection (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 office, or before an employee was hired by the city.  However, if any contract entered into by a city or city agency officer or employee before he became a candidate, was appointed to office, or was hired as an employee, is renewable after he becomes a candidate, assumes the appointed office, or is hired as an employee, the prohibition in subsection (A) of this section shall apply to the renewal of the contract.
      (2)   The prohibition in subsection (A) of 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, awarding the contract, or managing contract performance after the contract is awarded.  If the officer or employee has any of the authorities set forth in the preceding sentence, then the officer or employee shall have no interest in the contract, unless the requirements set forth in subpart (3) below are satisfied.
      (3)   The prohibition in subsection (A) of this section shall not apply in any case where the following requirements are satisfied:
         (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.
         (b)   The disclosure is made a part of the official record of the governing body of the city before the contract is executed.
         (c)   A finding is made by the governing body of the city that the contract with the officer or employee is in the best interests of the public and the city because of price, limited supply, or other specific reasons.
         (d)   The finding is made a part of the official record of the governing body of the city 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.
(Ord. 94-21, passed 10-26-94)